Judicial Appointments Policy
From 1999 to 2002, Law Council policy processes resulted in a Judicial Appointments Policy, which was in effect from 2002 to 2008.
In November 2007, a new Federal Government was elected and subsequently announced changes to the previous Government's judicial appointments process.
The Law Council considered its position regarding these changes through a Working Group appointed in March 2008.
This Policy results from consideration of the Working Group's recommendations by Directors at their meeting in September 2008.
The Policy affirms that judicial appointment should be a function of Executive Government. The Policy also affirms that, in addition to any statutory criteria for eligibility for appointment, the expected attributes for judicial appointment are as set out in Attachment A to the Policy. The Policy then goes on to address the establishment of a formal Judicial Appointment Protocol, which outlines the judicial appointments process in the Federal Court, the Family Court, and the Federal Magistrates Court.
In May 2010, the Attorney-General formalised the Government's policy for federal judicial appointments. ‘Judicial Appointments: Ensuring a Strong and Independent Judiciary Through a Transparent Process' outlines the appointment process for the Federal Court, Federal Magistrates Court and Family Court, including:
- public notification of appointment criteria;
- broad consultation to identify persons who are suitable for appointment;
- notices in national and regional media seeking expressions of interest and nominations; and
- appointment of independent advisory panels to assess and develop a short list of candidates.
The policy adopts key elements of the Law Council's policy.
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