60. Me Ombudsman would be entitled to report unfavourably on any decision, recommendation, act or omission on the ground that it was contrary to law, based wholly or partly on a mistake of law or fact, unreasonably delayed or otherwise manifestly unreasonable. He would address his report, recom- mending any remedial action that he thought appropriate, to the department
the department or organisation. concerned. If no adequate remedial action had been taken within a reasonable time, he would be empowered to make a special report to the two Houses of Parliament. He would also make annual reports to the Governor-General, which would be laid before the two Houses.
THE JUDICATURE
The Supreme Court
6 The Constitution would contain provisions to secure the independence and impartiality of the Judiciary. It would provide for a Supreme Court consisting of a Chief Justice and such number of Puisne Judges as Parliament might prescribe. To be qualified for appointment as Judge of the Supreme Court a person should hold or have held high judicial office (that is to say as a Judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from such a court) in some part of the Commonwealth or in any country outside the Commonwealth that may be prescribed by arliament; or be qualified to practise as an advocate in such a Court, and to have been qualified to practise as an advocate or solicitor in such a court, for not less than five years including any period during which he has held judicial office after becoming so qualified. The Chief Justice would be appointed by the Governor-General acting after consultation with the Prime Minister and the Leader of the Opposition. Puisne Judges would be appointed by the Governor-General after consultation with the Judicial and Legal Services Commission. An acting Chief Justice would be appointed in the same way as a substantive Chief Justice and the range of selection would extend to qualified candidates outside those already holding office as Puisne Judges. An acting Puisne Judge would be appointed in the same way as a substantive Judge. The power to appoint such a judge would extend to circumstances where the Chief Justice advised that the state of business in the Supreme Court required that the number of Judges should be temporarily increased.
62. Judges of the Supreme Court would vacate office on attaining the age of 62, or such higher age as Parliament might prescribe. A Judge would be removable only for inability or misbehaviour, and upon the advice of the Judicial Committee of the Privy Council, after investigation by a tribunal selected by the Governor-General acting in his own deliberate judgment from among persons who held or had held high judicial office in some part of the Commonwealth, or in any country outside the Commonwealth that might be prescribed by Parliament. The procedure for removing a Judge would be initiated in the case of the Chief Justice by the Governor-General acting in his own deliberate judgment, and in the case of the other Judges of the Supreme Court, by the Chief Justice.
+9
Court of Appeal
A
63. The Constitution would provide for a Court of Appeal comprising the Chief Justice as President, the Puisne Judges of the Supreme Court, and such Justices of Appeal as might be appointed. A person qualified for appointment as a Judge of the Supreme Court would be qualified for appointment as a Justice of Appeal and such an appointment would be made by the Governor-General after consultation with the Judicial and Legal Services Commission. A Justice of Appeal would vacate office at the expiration of the period specified in his instrument of appointment, but would be eligible for reappointment. Except in the case of a Justice of Appeal who also holds office as a judge of a court of some other country, the period of appointment would not be less than three years. Justice of Appeal would be removable from office only for inability or misbehaviour in accordance with the same procedure as for a Puisne Judge, except that the procedure would be initiated in the case of a Justice of Appeal by the President of the Court of Appeal, and the members of the tribunal would be appointed by the Governor General, acting in accordance with the advice of the President of the Court of Appeal. A Judge would not be eligibe to sit as a Judge of the Court of Appeal on the hearing of an appeal from any decision (including conviction or sentence) by himself or by a court of which he was sitting as a member. 64. The two Houses of Parliament would be empowered by fesolution to bring into operation provisions altering the composition of the Court of Appeal, to the effect-
(a) that the Puisne Judges of the Supreme Court would cease to be Judges ex officio of the Court of Appeal, and that the number of Justices of Appeal would be two or such greater number as Parliament may prescribe; and
(b) that the Chief Justice would cease to be a Judge and ex officio President of the Court of Appeal, and that the President would be a person qualified to be appointed as a Justice of Appeal and appointed by the Governor-General acting after consultation with the Prime Minister and the Leader of the Opposition.
It would be open to the two Houses to bring only the alterations referred to in sub-paragraph (a) into operation, and in that event to bring those referred. to in sub-paragraph (b) into operation at a later date. Provisions consequential on the coming into operation of those referred to in sub-paragraph (a) would include provision for the appointment of acting Justices of Appeal in the same way as substantive Justices of Appeal. Provisions consequential on the coming into operation of those referred to in sub-paragraph (b) would include provisions for the appointment of an acting President of the Court of Appeal in the same way as a substantive President, for the President to hold office on the same terms as a Justice of Appeal (except that the procedure for removal would be initiated and the tribunal appointed by the Governor- General in his own deliberate judgment) and for the functions of Chairman of the Judicial and Legal Services Commission to be exercised by the President of the Court of Appeal in matters pertaining to Justices of Appeal.