Australian Law Reform Commission Releases First in Series of Background Papers on Judicial Bias

The Australian Law Reform Commission last year launched an inquiry into the laws that govern impartiality and bias in that country's federal judiciary:

"The Terms of Reference for this Inquiry direct the ALRC to consider in particular:

• whether the law about actual or apprehended bias relating to judicial decision-making is appropriate and sufficient to maintain public confidence in the administration of justice;
• whether the law provides enough clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality; and
• whether current mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, are sufficient and appropriate (including in relation to review and appeal mechanisms)."

As part of the project, the Commission last month published a primer on judicial bias, the first in a series of background papers that will be released in early 2021.

The Commission hopes to publish a Consultation Paper in April 2021 with questions and draft proposals for public comment.