Judicial Council Act 2019

Casual vacancies in membership of Judicial Conduct Committee

47. (1) Where an elected member of the Judicial Conduct Committee dies, retires or resigns from judicial office, resigns from the Judicial Conduct Committee in accordance with subsection (6) of section 46 or ceases to be a member of that Committee under subsection (9)(b) of that section, the vacancy so occasioned shall be filled by a judge elected to be a member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was elected.

(2) Where a lay member of the Judicial Conduct Committee dies, resigns from the Judicial Conduct Committee in accordance with section 46 (7), ceases to be a member of the Committee under section 44 (7) or is removed from that Committee under section 46 (10), the vacancy so occasioned shall be filled by a person appointed to be a lay member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was appointed.

(3) The term of office of an elected member of the Judicial Conduct Committee elected in accordance with subsection (1) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(4) The term of office of a lay member of the Judicial Conduct Committee appointed in accordance with subsection (2) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(5) A term of membership of the Judicial Conduct Committee of any duration resulting from an election or appointment in accordance with subsection (1) or (2) shall be regarded as a term of membership for the purposes of subsections (4) and (5) of section 46 .