Judicial Impartiality eNews

30 April 2021

Consultation Paper Released

Today the Australian Law Reform Commission released a Consultation Paper for the review of Judicial Impartiality.

The ALRC now invites submission in response to 25 questions and proposals in relation to judicial impartiality and the law on bias.

As part of the Inquiry process, broad community consultation is sought. Since October 2020, the ALRC has consulted with more than 140 individuals and groups, including current and former members of the judiciary and tribunals, the legal profession, litigants, non-profit legal services, community groups, and academics.

Submissions are due to the ALRC by 30 June 2021, with the final report on Judicial Impartiality due to the Attorney-General by 30 September 2021.

Want more detail?
Read the Judicial Impartiality Background Papers

For those who would like a review of the literature and an in-depth analysis of existing research, the Consultation Paper is accompanied by a series of background papers.

These background papers are intended to provide a high-level overview of key principles and research on topics of relevance to the Judicial Impartiality Inquiry.

• The law on judicial bias: A primer (JI1)
• Recusal and self-disqualification (JI2)
• The Federal Judiciary – the Inquiry in Context (JI3)
• Conceptions of Judicial Impartiality in Theory and Practice (JI4)
• Ethics, Professional Development, and Accountability (JI5)
• Cognitive and Social Biases in Judicial Decision-Making (JI6)
• The Fair-Minded Observer and its Critics (JI7)

The Terms of Reference for the Judicial Impartiality Inquiry were issued by the Attorney-General on 11 September 2020.

We look forward to continued engagement with you, our stakeholders, as we progress this important work.