Catryna Bilyk (Tasmania, Australian Labor Party) Share this | Hansard source

It was the catcalling, more or less. It was the interjections and the completely over-the-top reaction of those on your side, Senator Bushby—through you, Mr Deputy President, to the senator. But the royal commissioner, Mr Dyson Heydon, is another of the Prime Minister's captain's picks. According to the Guide to Judicial Conduct, published for the Council of Chief Justices Australia and New Zealand:

Although active participation in or membership of a political party before appointment would not of itself justify allegations of judicial bias or an appearance of bias, it is expected that a judge on appointment will sever all ties with political parties. An appearance of continuing ties such as might occur by attendance at political gatherings, political fundraising events or through contribution to a political party, should be avoided.

While those opposite seek to defend the trade union royal commissioner and his continued role I would like to cite some other advice given by a very senior legal figure as to why Justice Heydon should disqualify himself. In 2002 this figure said:

The law compels judges who have such a bias or may reasonably be thought to have such a bias to disqualify themselves (from sitting on cases).

In 2011 the same person wrote, 'the appearance of departure from neutrality is a ground of disqualification'. And you know who wrote that? Dyson Heydon himself wrote that.