Controversial Sydney judge Garry Neilson will not preside over new criminal cases until an investigation into his comments about incest and homosexuality is complete.
The Chief Judge of the District Court, Justice Reg Blanch, made the announcement late on Friday.
"I have now been advised by the attorney-general that he has referred the matter to the Judicial Commission and Judge Neilson will not sit in crime until this matter is determined," he said in a statement.
Judge Neilson, aged in his 60s, has come under fire after saying the community may no longer see sexual contact between siblings and between adults and children as "unnatural" or "taboo", just as homosexuality is now widely accepted.
"A jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now available, not having [a] sexual partner," Fairfax media reported him saying.
NSW Attorney-General Brad Hazzard earlier on Friday asked Justice Blanch to prevent Judge Neilson presiding over criminal trials while he's investigated by the judicial commission.
"In my view, the community would be rightly appalled at his reported comments," Mr Hazzard said in a statement.
"Incest is completely reprehensible, unacceptable, disgusting and criminal."
The comments were reportedly made in April during the case of a 58-year-old man charged with repeatedly raping his younger sister in the family's western Sydney home in 1981.
Judge Neilsen said the only reason that incest was still a crime was because of the high risk of genetic abnormalities in children born from consanguineous relationships.
Judicial commission members will examine the complaint before potentially referring it on to the conduct division.
They decide whether a complaint justifies the removal of a judicial officer.
Child protection advocate Hetty Johnston called for the judge to step down from the bench for his "ludicrous and obscene remarks".
Dr Cathy Kezelman, president of Adults Surviving Child Abuse, said the comments were archaic and "beyond belief".
Justice Blanch said no further comment would be made on the matter.
