Australian Law Reform Commission Consultation Paper on Judicial Bias

The Australian Law Reform Commission has published a Consultation Paper on Judicial Impartiality with questions and draft proposals for public comment:

"The Consultation Paper addresses a number of aspects of the law and institutional structures relevant to judicial impartiality including:

• the mechanisms for raising and determining issues of actual and apprehended bias;
• the test for determining apprehended bias;
• guidance on contact between judges and lawyers appearing in proceedings;
• the collection of data by the courts; and
• institutional processes and structures that complement the law on bias to support judicial impartiality and public confidence in the administration of justice."

The consultation ends June 30, 2021.

Further research and analysis can be found in the Inquiry Background Papers.