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‘Rigorous, transparent and merits-based’ appointments get LCA tick of approval
The nation’s largest legal body is standing behind a Labor vow to reinstate rigorous, transparent and merits-based judicial appointments before this year’s federal election.
Grace Ormsby
Calling the stance a promotion of greater transparency and accountability, the Law Council of Australia has also backed indications from the federal opposition that legal aid funding will be boosted if the ALP is elected into government.
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Under the proposed changes, judicial positions in the Federal Court of Australia, Family Court of Australia and Federal Circuit Court of Australia and appointments to the Administrative Appeals Tribunal would be publicly advertised, the LCA said, with an independent panel providing potential appointee shortlists to the Attorney-General.
While appointments would remain an Attorney-General and cabinet responsibility, any decisions made outside of this process will need to be reported and explained in Parliament, it was noted.
The Law Council’s president Arthur Moses SC said the proposal would enhance transparency, reinforcing the independence and integrity of these bodies.
“The current appointments process is shrouded in mystery, which can diminish public confidence in the judiciary and justice system,” Mr Moses said.
“The federal opposition’s proposal would promote greater transparency and public confidence that all appointments are based on merit and that those who have the qualities required for appointment are fairly considered,” he continued.
Stating that “such a system would safeguard the quality and improve the diversity of appointments,” Mr Moses noted that “a judiciary that reflects the community it serves better enhances public confidence in the administration of justice, including respect for the rule of law”.
Recommendations for appointments will be sought from stakeholders, including the legal profession, Mr Moses said, noting that the Law Council would welcome an opportunity for participation.
After the Labor Party announcement was made, former Attorney-General and current shadow attorney-general Mark Dreyfus took to Twitter, noting again that “Labor will restore the transparent, accountable judicial appointments process we had when last in government, and extend a similar process to the AAT for the first time.”
He said all vacancies will be advertised, and a shortlist put together by an independent panel.
“The selection panel will be instructed to consider the need for our judiciary and AAT to be better reflective of the Australian community,” he continued.
Flagging that appointments of women to the federal judiciary are at a low 30 per cent under this government, Mr Dreyfus urged “we can and must do better”.
Mr Dreyfus also stated his commitment to “increasing the Commonwealth’s contribution to legal assistance”.
The Law Council considered this as one of its own long-standing priorities.
In response, Mr Moses highlighted that the Commonwealth government’s contribution to legal aid funding has dropped from 55 per cent in 1996–97 to 32 per cent in 2017–18.
“As a result, while 14 per cent of Australians live below the poverty line, legal aid is available to just eight per cent of the population,” Mr Moses noted.
“The Law Council’s Justice Project has found, due to chronic underfunding, every year tens of thousands of Australians are being denied access to justice.”
“This must change,” he said.
It comes after the NSW Law Society’s new president, Elizabeth Espinosa, said that preparing for the future involves investing in solicitors as advocates to show they are “equipped to serve as future advocates”.
