Honourable Angelo Vasta (Reversal of Removal) Bill 2017*


Queensland Crest

An Act to reverse the removal of the Honourable Angelo Vasta from office as a Supreme Court judge

Preamble

Parliament’s reasons for enacting this Act are—

1On 30 May 1989 the First Report of the Parliamentary Judges Commission of Inquiry (the report), appointed under the expired Parliamentary (Judges) Commission of Inquiry Act 1988, was tabled.
2The report found various matters warranted the removal of the Honourable Angelo Vasta from office as a Supreme Court judge.
3On 7 June 1989, the Honourable Angelo Vasta addressed the Legislative Assembly in relation to his proposed removal from office as a Supreme Court judge.
4On 8 June 1989, the Honourable Angelo Vasta was removed from office as a Supreme Court judge.
5Parliament does not consider the matters mentioned in the report warranted the removal of the Honourable Angelo Vasta from office as a Supreme Court judge.
6It is Parliament’s intention to reverse the removal of the Honourable Angelo Vasta from office as a Supreme Court judge.

The Parliament of Queensland enacts—

1Short title

This Act may be cited as the Honourable Angelo Vasta (Reversal of Removal) Act 2017 .

2Act binds the Crown

This Act binds the Crown.

3Declaration

(1)It is declared that—
(a)the findings stated in the First Report of the Parliamentary Judges Commission of Inquiry (the report) did not warrant the removal of the Honourable Angelo Vasta from office as a Supreme Court judge; and
(b)the exercise of the power to remove the Honourable Angelo Vasta from office as a Supreme Court judge is—
(i)invalid; and
(ii)taken to have never happened; and
(c)the Honourable Angelo Vasta did not, as a result of matters mentioned in the report, avoid his office as a Supreme Court judge under the Supreme Court Act 1867 , repealed section 12; and
(d)the Honourable Angelo Vasta is taken to have retired from office as a Supreme Court judge under the Supreme Court of Queensland Act 1991 , section 21(1).
(2)In this section—
Parliamentary Judges Commission of Inquiry means the Parliamentary Judges Commission of Inquiry appointed under the expired Parliamentary (Judges) Commission of Inquiry Act 1988 .
power to remove means a power to remove a judge under—
(a)the Constitution Act 1867 , repealed sections 15 and 16; or
(b)the repealed Supreme Court Act 1995 , section 195.

Note—

The repealed Supreme Court Act 1995 , section 195 was relocated from the Supreme Court Act 1867 , section 9 by the Statute Law Revision Act (No. 2) 1995 .