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Tuesday, 27 March 1984
Page: 683


Senator DURACK —I give notice that, on the next day of sitting, I shall move:

(1) That a select committee, to be known as the Select Committee on the Conduct of a Judge, be appointed to inquire into and report upon-

(a) whether any or all of the tapes and transcripts delivered by the Age newspaper to the Attorney-General on 1 February 1984 are authentic and genuine; and

(b) whether the conduct of the judge as revealed in the tapes and transcripts referred to in sub-paragraph (a) constituted misbehaviour or incapacity which could amount to sufficient grounds for an address to the Governor-General in Council from both Houses of the Parliament praying for his removal from office pursuant to section 72 (ii) of the Constitution.

(2) That the Committee consist of six Senators, as follows:

(a) three to be nominated by the Leader of the Government in the Senate;

(b) two to be nominated by the Leader of the Opposition in the Senate; and

(c) one to be nominated by the Leader of the Australian Democrats.

(3) That the Committee proceed to the despatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.

(4) That the Committee elect as Chairman one of the members nominated by the Leader of the Government.

(5) That the Chairman of the Committee may, from time to time, appoint another member of the Committee to be the Deputy-Chairman of the Committee, and that the member so appointed act as Chairman of the Committee at any time when there is no Chairman or the Chairman is not present at a meeting of the Committee.

(6) That, in the event of an equality of voting, the Chairman, or the Deputy- Chairman when acting as Chairman, have a casting vote.

(7) That the quorum of the Committee be three members.

(8) That the Committee have power to send for and examine persons, papers and records, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations it may deem fit.

(9) That the Committee be provided with all necessary staff, facilities and resources.

(10) That the Committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

(11) That the Committee report to the Senate on or before 31 May 1984.

(12) That the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.