sec.53OSuspension of judicial registrar by Governor in Council

### sec.53O Suspension of judicial registrar by Governor in Council The Governor in Council may suspend a judicial registrar from office. However, a judicial registrar must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the judicial registrar exists. A copy of an application under subsection (2) must be given to the judicial registrar at least 14 days before the application is heard. There is proper cause to remove a judicial registrar from office if the judicial registrar— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar. A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar; the Governor in Council lifts the suspension. The Attorney-General must give the following notices to the judicial registrar and publish them in the gazette— if the judicial registrar is suspended under subsection (1) —notice of the suspension; if the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension. However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension. A judicial registrar who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension. The appeal may be heard with any application made under section 53R . In this section— duties , of office, includes administrative duties of office. s 53O ins 2007 No. 37 s 116 (sec.53O-ssec.1) The Governor in Council may suspend a judicial registrar from office. (sec.53O-ssec.2) However, a judicial registrar must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the judicial registrar exists. (sec.53O-ssec.3) A copy of an application under subsection (2) must be given to the judicial registrar at least 14 days before the application is heard. (sec.53O-ssec.4) There is proper cause to remove a judicial registrar from office if the judicial registrar— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar. (sec.53O-ssec.5) A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar; the Governor in Council lifts the suspension. (sec.53O-ssec.6) The Attorney-General must give the following notices to the judicial registrar and publish them in the gazette— if the judicial registrar is suspended under subsection (1) —notice of the suspension; if the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension. (sec.53O-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension. (sec.53O-ssec.8) A judicial registrar who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension. (sec.53O-ssec.9) The appeal may be heard with any application made under section 53R . (sec.53O-ssec.10) In this section— duties , of office, includes administrative duties of office. - (a) is incompetent or guilty of serious neglect of the duties of office; or - (b) is mentally or physically incapable of carrying out satisfactorily the duties of office; or - (c) is guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar. - (a) the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar; - (b) the Governor in Council lifts the suspension. - (a) if the judicial registrar is suspended under subsection (1) —notice of the suspension; - (b) if the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.