Government Response to Australian Law Reform Commission Report 138: Without Fear or Favour: Judicial Impartiality and the Law on Bias
In 2020, the Australian Law Reform Commission (ALRC) was asked to consider whether, and if so what, reforms to the law relating to impartiality and bias as they apply to the federal judiciary are necessary and desirable.
The inquiry was set against the background of the importance of maintaining public confidence in the administration of justice for all Australians, the importance of ensuring that justice is both done and seen to be done, and the fundamental principles of procedural fairness, including that decision-makers must be independent and impartial.
The ALRC made 14 recommendations to promote and protect judicial impartiality and public confidence in it. Recommendations 5, 7 and 8 are directed to the Australian Government.
The Australian Government welcomes and supports the recommendations made in this report in its response.
Related links
Media release on the tabling of ALRC Report 138 – 2 August 2022
Media release on the Government Response to ALRC Report 138 – 29 September 2022
ALRC Report 138 – Without Fear or Favour: Judicial Impartiality and the Law on Bias
Recording of ALRC webinar event – 29 September 2022