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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-15 Daily Xml
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JUDICIARY, APPOINTMENTS

The Hon. R.D. LAWSON (14:53): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, a question about judicial appointments.

Leave granted.

The Hon. R.D. LAWSON: Members will recall the famous occasion in July 2005 when the government failed to comply with the law in relation to the appointment of a judge. That error had to be corrected and a new appointment made, and the subsequent gazettal acknowledged that the initial appointment had not been effectual. The error was an embarrassment to the Attorney-General because he was responsible for it, and it was doubly embarrassing because he is the first law officer and is expected to know the law of this state. It was triply embarrassing to the Attorney-General, in particular, because the surprise appointee was none other than the sister of Don Farrell.

More recently, the Attorney-General's conduct in relation to the appointment of solicitor Ms Julie McIntyre to the District Court has given rise to widespread concern in the legal fraternity. I make it clear that I am not for a moment questioning the integrity or competence of Judge McIntyre, but my questions are:

1. Will the Attorney-General deny reports that he recommended the appointment of the highly qualified barrister Mark Griffin QC to the District Court to fill the vacancy that was subsequently filled by Judge McIntyre?

2. Will the Attorney-General deny reports that during the course of consultations about the appointment of a new District Court judge it was stated by him or his representative that the appointment had to be a woman?

3. Does the Attorney-General agree with the federal Labor Party's shadow attorney-general Joe Ludwig that there ought to be independent oversight of the process of appointing judges?

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (14:54): I think the third question is relevant to the Attorney-General; the other two are really just about gossip, and I think the Attorney-General has much better things to do in this state than respond to the gossip of members opposite. As I said, in relation to the broader policy question I will see whether the Attorney-General wishes to make a response. I will refer it to him.

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