Login
ABA welcomes reports of Federal Judicial Commission
The Australian Bar Association has joined the Law Council in supporting reports that the government has sought independent advice on the Federal Judicial Commission.
Naomi Neilson
In response to reports that Attorney-General Christian Porter has sought legal advice on the establishment of a Federal Judicial Commission, Australian Bar Association (ABA) president Matthew Howard SC has joined other legal bodies in supporting the efforts of the government in re-establishing public confidence in the judiciary.
“The ABA welcomes reports that the commonwealth Attorney-General is considering the establishment of a commission. Such a commission would reflect the community’s expectations that there would be transparent accountability of judicial officers outside of, and additional to, the existing appeal processes.”
The Attorney-General has reportedly looked into modelling the Federal Judicial Commission after the existing NSW Judicial Commission, which has the power to investigate complaints about the ability or behaviour of a judicial officer – including relating to bias and inappropriate behaviour. When it comes to alleged criminal conduct, however, the commission refers complaints to police or corruption bodies.
Calls for a Federal Judicial Commission are not new to the profession, but they were renewed in July 2020 with the news that former High Court justice Dyson Heydon sexually harassed young associates. At the time, the Law Council’s former president Pauline Wright told Lawyers Weekly that the commission should operate at arms-length of government and be transparent to “shine a bright light into dark corners”.
In a statement last Friday, 12 February, new president Jacoba Brasch QC said it is “essential” that there is a strong and independent commission that is separate to the executive arm of the government that aims to “alleviate serious concerns while ensuring crucial accountability and the maintenance of public confidence”.
Mr Howard said the ABA understands that the establishment of the commission will require “careful consideration” of the constitutional provisions that guarantee the independence of judges.
“Nevertheless, the ABA is confident that such a body may be established without infringing that,” he added. “The ABA looks forward to working with the government and other stakeholders to assist in bringing the Federal Judicial Commission into being.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
