Removal of a Tasmanian Judge

IMPORTANT CORRECTION: Justice Geason was found guilty of an offence but has not yet been convicted, as no sentence has yet been handed down. Please take this into account when watching the video.

In the light of the recent conviction of a Tasmanian judge, Justice Geason, for a criminal offence of assault, this video considers the law in Tasmania for the removal of a judge and compares it to the Commonwealth position.

Tasmania does not have a clear constitutional provisional to deal with judicial removal (or 'amoval' as it was previously described). Instead, reliance is placed upon a British Act - the Colonial Leave of Absence Act 1782 - as affected by an early Tasmanian Act - the Supreme Court (Judges' Independence) Act 1857.

The video notes the uncertainties concerning the process for removal, as revealed by the Justice Lionel Murphy controversy, and potential constraints imposed by implications drawn from Chapter III of the Commonwealth Constitution. It also notes the prospect of an appeal and whether this should affect parliamentary action.