Government releases draft bill for inquiry into conduct of Justice Gregory Geason

A three-person Commission of Inquiry will determine whether the behaviour of Supreme Court Justice Gregory Geason – either before or after his appointment – warrants his suspension or dismissal. Latest details.

New Supreme Court judge Gregory Geason swearing in ceremony in the Supreme Court in Hobart. Picture: SAM ROSEWARNE.

A three-person Commission of Inquiry will determine whether the behaviour of Supreme Court Justice Gregory Geason – either before or after his appointment – warrants his suspension or dismissal.

The state government has released a draft of the Supreme Court (Parliamentary Commission of Inquiry) Act 2023 for two days of public consultation before it is debated in a special session of parliament on Tuesday.

Justice Geason, 62, appeared in an out-of-hours court hearing at the Hobart Magistrates Court on Friday night charged with one count of common assault and one count of emotional abuse.

He was granted bail and the case was adjourned until February 6.

He pleaded not guilty and is currently on leave from the Supreme Court.

A draft of the Bill reveals a special Commission of Inquiry will examine ”the professional, or personal, conduct and behaviour of the relevant Judge since being appointed as a judge of the

Supreme Court of Tasmania”.

Supreme Court of Tasmania Justice Gregory Geason

It will also inquire into at “any other professional, or personal, conduct or behaviour of the relevant Judge, before being so appointed as judge” to determine whether he is fit to hold office.

The Commission will be able to hold hearings and take written submissions and will be required to report whether Justice Geason’s conduct warrants his suspension or removal.

Under the Supreme Court (Judges’ Independence) Act 1857, the governor may not suspend or remove “any judge of the Supreme Court unless upon the address of both Houses of Parliament”.

The Bill contains provision for the Commission to be wound up if Justice Geason resigns from the Supreme Court bench.

Attorney-General Guy Barnett thanked MPs, who have been briefed over the matter in the past two days.

“While parliament is able to inform itself in the manner that it thinks fit, the recent practice in other Australian jurisdictions has been to pass legislation to establish an independent commission of inquiry to report to parliament,” he said.

“It is important to note that the outcome of the criminal proceedings will not directly address the question of whether Justice Geason is suitable or fit to remain in office.

“This is a separate question and must be specifically addressed.

“Justice Geason is currently on voluntary leave and cannot be suspended or stood down by the Chief Justice, or anyone else.”