sec.53RRemoval of judicial registrar from office

### sec.53R Removal of judicial registrar from office A judicial registrar must not be removed from office unless the Supreme Court decides that proper cause exists to remove the judicial registrar— on an application under subsection (2) or (3) ; or under subsection (5) . If a judicial registrar is suspended from office under section 53O (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the judicial registrar. If— a judicial registrar is suspended from office under section 53P (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the judicial registrar. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned. For subsection (3) , proper cause to remove the judicial registrar may include the conviction of the judicial registrar of an indictable offence. On appeal by a judicial registrar under section 53O (8) , the Supreme Court must decide whether proper cause exists to remove the judicial registrar whether or not the Attorney-General has made an application under subsection (2) or (3) . If a judicial registrar is removed from office, the Attorney-General must publish notice of the judicial registrar’s removal in the gazette and give a copy of the notice to the judicial registrar. For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. s 53R ins 2007 No. 37 s 116 (sec.53R-ssec.1) A judicial registrar must not be removed from office unless the Supreme Court decides that proper cause exists to remove the judicial registrar— on an application under subsection (2) or (3) ; or under subsection (5) . (sec.53R-ssec.2) If a judicial registrar is suspended from office under section 53O (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the judicial registrar. (sec.53R-ssec.3) If— a judicial registrar is suspended from office under section 53P (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the judicial registrar. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned. (sec.53R-ssec.4) For subsection (3) , proper cause to remove the judicial registrar may include the conviction of the judicial registrar of an indictable offence. (sec.53R-ssec.5) On appeal by a judicial registrar under section 53O (8) , the Supreme Court must decide whether proper cause exists to remove the judicial registrar whether or not the Attorney-General has made an application under subsection (2) or (3) . (sec.53R-ssec.6) If a judicial registrar is removed from office, the Attorney-General must publish notice of the judicial registrar’s removal in the gazette and give a copy of the notice to the judicial registrar. (sec.53R-ssec.7) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. - (a) on an application under subsection (2) or (3) ; or - (b) under subsection (5) . - (a) a judicial registrar is suspended from office under section 53P (1) or (2) ; and - (b) all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed; - 1 The appeal period has ended and an appeal has not started. - 2 If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.