53Immediate suspension of judicial officers in certain circumstances

53 Immediate suspension of judicial officers in certain circumstances

(1)  The supervisory entity for a judicial officer may suspend the judicial officer if the supervisory entity is satisfied that the judicial officer –

(a) is charged in Tasmania with an offence that is punishable by a term of imprisonment of 12 months or more; or

(b) is charged in another jurisdiction with an offence that would fall under paragraph (a) if the judicial officer had been charged in Tasmania with the offence; or

(c) is convicted of such an offence; or

(d) is physically or mentally unable, or unfit, to perform the functions of the relevant judicial office to such an extent as to require immediate suspension of the officer.

(2)  Subject to subsection (3) , if a judicial officer is suspended under this section, the relevant supervisory entity for the judicial officer may take one or more of the following actions:

(a) specify the terms and conditions of the suspension;

(b) authorise the judicial officer to perform a specified function or exercise a specified power, of the judicial office held, for the purpose of completing a specified matter or a specified class of matters;

(c) lift the suspension, if the relevant supervisory entity is satisfied that it is reasonable in the circumstances to do so.

(3)  A suspension under this section is automatically lifted 30 days after it is imposed, unless one or more of the following occurs within that 30-day period:

(a) a complaint is made under this Act in respect of the relevant judicial officer and the complaint has not been dismissed;

(b) a commission is established under this Act in respect of the relevant judicial officer;

(c) the relevant judicial officer no longer holds the judicial office.

(4)  For the avoidance of doubt, this power of suspension is in addition to, and does not derogate from, any other power to suspend the judicial officer under this Act or any other Act.