4.4

Question 1

Accountability of the judiciary (system)

Answer 1

• through speaks process
• through parliamentary scrutiny and legislation
• through transparent process and public confidence

Question 2

Accountability of the judges (individuals)

Answer 2

-through the censure and removal of judges

Question 3

s72

Answer 3

the appointment of a justice of the high court shall be for a term expiring at retirement of age seventry years.

Question 4

Appointment and dismissal of judges

Answer 4

• shall be appointed by the GG in council
  -cants be removed except by GG in council,in address by both houses of parliament in same session
  “ground of proved misbehaviour or incapacity

Question 5

Justice Lionel Murphy

Answer 5

1980s first consideration of dismissal for abuse of power

Question 6

Justice Vasta 1989

Answer 6

removed by state governor

He acted improperly in his private dealings although no proof of misconduct the assembly voted to dismiss him

Question 7

Judges and the Ordinary law

Answer 7

1985 NSW murray farquar found guilty of attempting to pervert the course of justice to get a fellow to drop case against friend
-received 4 years jail

-

Question 8

2008 Justice Einfeld

Answer 8

judge sentenced 3 years to jail for making false declaration to avoid a 77$ speeding fine

Question 9

Di Finkleton

Answer 9

jailed 6 months
thretned to demote judge she was having conflict with
convicted for thret of judicial office
2005 high court quashed the conviction

Question 10

Judicial ethics

Answer 10

1998 council of chiefs and two retired senior judges created judicial code of ethics. code published in 2002