❓ Dr. Walker questions the vetting process for judicial appointments, highlighting a case where a WA District Court judge had a serious finding against them in Victoria. The Attorney General declines to comment on the specific case.
AnsweredQoN 1306Legislative Council
Asked
23 October 2024
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
JUDICIAL COMMISSION
1306. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I apologise for the grammar in this
question.
I am grateful to the Attorney General
for his response of 17 September 2024 to my question without notice 1041, asked
on 11 September, in which he was good enough to outline the process for the
appointment of judges here in Western Australia. In the hope of further
clarification —
(1) What checks
and balances are in place to ensure that a nomination by the Solicitor-General
is comprehensively and appropriately vetted?
(2) Is the
Attorney aware, for example, that we currently have a District Court judge here
in WA who, when a prosecutor in Victoria,
had a serious finding made against him, being described as ''the worst
fundamental abuse of process'' and ''the most outrageous
case'' the presiding Supreme Court judge had seen in 40 years of legal practice, yet that prosecutor was found
to be a fit and proper candidate for our own bench here in WA ? Can the
Attorney General tell me how this can happen?
The PRESIDENT : Just one
moment, honourable member. I am seeking some advice in relation to that
question. I am going to allow the question to be answered, although I have some
reservations about the content. We will see whether the parliamentary secretary
representing the Attorney General is able to answer it.
1306. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I apologise for the grammar in this
question.
I am grateful to the Attorney General
for his response of 17 September 2024 to my question without notice 1041, asked
on 11 September, in which he was good enough to outline the process for the
appointment of judges here in Western Australia. In the hope of further
clarification —
(1) What checks
and balances are in place to ensure that a nomination by the Solicitor-General
is comprehensively and appropriately vetted?
(2) Is the
Attorney aware, for example, that we currently have a District Court judge here
in WA who, when a prosecutor in Victoria,
had a serious finding made against him, being described as ''the worst
fundamental abuse of process'' and ''the most outrageous
case'' the presiding Supreme Court judge had seen in 40 years of legal practice, yet that prosecutor was found
to be a fit and proper candidate for our own bench here in WA ? Can the
Attorney General tell me how this can happen?
The PRESIDENT : Just one
moment, honourable member. I am seeking some advice in relation to that
question. I am going to allow the question to be answered, although I have some
reservations about the content. We will see whether the parliamentary secretary
representing the Attorney General is able to answer it.
AnswerView source ↗
Thank you, President. I do have an
answer to that part of the question, but I note that making imputations regarding
judicial officers is not permissible.
The PRESIDENT : Whether by way
of quote or direct.
Hon MATTHEW SWINBOURN : Yes.
In any event, the following answer
has been provided to me by the Attorney General.
(1) The Solicitor-General undertakes or arranges
appropriate vetting of proposed appointees, including through consultation with the relevant heads of
jurisdictions and appropriate representatives of the legal profession .
(2) The Attorney
General will not comment on the individual judicial officer referred to by the
member.
answer to that part of the question, but I note that making imputations regarding
judicial officers is not permissible.
The PRESIDENT : Whether by way
of quote or direct.
Hon MATTHEW SWINBOURN : Yes.
In any event, the following answer
has been provided to me by the Attorney General.
(1) The Solicitor-General undertakes or arranges
appropriate vetting of proposed appointees, including through consultation with the relevant heads of
jurisdictions and appropriate representatives of the legal profession .
(2) The Attorney
General will not comment on the individual judicial officer referred to by the
member.
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