Judicial Appointments

The Hon. C. BONAROS (15:29): I seek leave to make a brief explanation before asking the Attorney a question regarding judicial appointments.

Leave granted.

The Hon. C. BONAROS: The Law Society's September edition of its monthly Bulletin newsletter includes an article written by eminent legal practitioner Claire O'Connor SC, entitled 'A Case for Formalising a Judicial Appointment Process in South Australia'. Drawing on the Society's prior calls for reform, and the Equal Opportunity Commission's 2024 review into the legal profession, the article presents the case that SA has one of the least transparent judicial appointment systems in the country, with appointments heavily reliant on executive discretion and informal networks.

Ms O'Connor argues that the absence of a transparent, criteria-based process fuels perception of bias, and undermines public confidence in the legitimacy of the judiciary. She states:

It is recognised that our judges in South Australia are predominantly from one social strata. In the Supreme Court and the Court of Appeal, four of the judges are children of retired judges (with three of those making up the six judges of the Court of Appeal).

She further notes that lawyers with disability are rarely appointed to judicial office, whilst, and I quote, 'we have only recently had, for the first time, two Indigenous magistrates appointed, and still we have never had such appointments to the District Court, the Supreme Court, the Court of Appeal, or to the Industrial Court'.

Other jurisdictions, including Queensland, New South Wales and the UK, have already moved to adopt independent or formalised appointment processes. My question to the Attorney is: has he read the article, and has consideration been given to adopting independent or formalised appointment processes in line with other jurisdictions I have named? Regardless of whether he has read it or not, has consideration been given to that in South Australia?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:31): I thank the honourable member for her question. I have not read the article, although I have been made aware of the article, and been recommended the article previous to being asked this question. I certainly will, when I get a chance, read the article. The issue has been canvassed from time to time under governments of both persuasions in South Australia.

We don't have a policy to change how the system works at the moment; that is, it is appointment on recommendation to Executive Council by cabinet for the appointment of our judiciary. I do note the honourable member points to a couple of recent appointments during this term of government where, for the first time in the history of this state, and indeed the colony that preceded it, we have Aboriginal people, two Aboriginal women, overseeing a court upon the appointment of Magistrates Chester and Browne I think about a year and a half ago.

I think the government can play an important role in encouraging diversity in the judiciary, and I am proud to be part of a government that has done exactly that with the appointment of those magistrates. I will point out that those magistrates are extraordinarily well respected and are appointed on merit, but it is pleasing to see that Aboriginal magistrates have been appointed. When I get a chance, I will look at the article. As I have said, I have been recommended the article to read before today, and I know I certainly will read it but, like governments that have come before, we don't have a position to change the system as it operates in South Australia.