Chapter III Court

In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution.

The doctrine of separation of powers refers to a system of government whereby three aspects of government power—legislative power, executive power, and judicial power—are vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative power—the making, altering or repealing of laws; Chapter II outlines executive power—the general and detailed carrying on of governmental functions; Chapter III outlines judicial power—the interpretation of law, and adjudication according to law.

Federal courts must have those features contained in Chapter III of the Constitution of Australia.

These features serve two purposes: first, they prescribe the features of any court created by the federal government; and second, they serve as criteria when deciding whether a body qualifies as a Chapter III Court.

The main feature of a Chapter III Court is security of tenure. Under Section 72 of the Constitution, justices of federal courts are to be appointed by the Governor-General in Council; have a term of office lasting until they are 70 years of age (unless Parliament legislates to reduce this maximum age before their appointment); and receive a remuneration which must not diminish during their term in office.

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