Defence Act 1954

184O

F218 [ Removal of military judge from office.

184O. (1) Subject to section 184P, a military judge may be removed from office by the President on the advice of the Government but only for stated reasons including because

( a ) he has become incapable, through ill-health, either physical or mental, of effectively performing the functions of the office,

( b ) he has failed to perform the functions of the office with due diligence and effectiveness,

( c ) he has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or

( d ) his removal from office would, in the Government s opinion, be in the best interests of the Defence Forces.

(2) On notifying a military judge under section 184P(1) that the Government intends to consider his removal from office, the Government may immediately suspend the military judge from duty.

(3) The suspension from duty continues until the Government makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 184P or in making that decision. ]

Annotations:

Amendments:

F218

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 34, commenced as per s. 1(3).