The background paper provides an introductory summary and overview of key aspects of the law on judicial bias as it relates to the Australian federal judiciary and covers:
- Actual and apprehended bias;
- The legal test for apprehended bias;
- Circumstances that may give rise to allegations of bias;
- Exceptions to the bias rule;
- Procedures for upholding the bias rule; and
- The Guide to Judicial Conduct.
The ALRC is planning to release a Consultation Paper in April 2021 containing questions and draft proposals for public comment.
Practitioners are invited to email their views on the background paper to firstname.lastname@example.org