Hulls’ Acting Judge Policy Corrupts Judicial Independence

A conflict of interest denotes a situation in which an official has a private financial interest sufficient to influence or appear to influence the exercise of his or her public duties and responsibilities. The concept is applicable not only in situations where a conflict actually exists but also where it appears to exist. Rob Hulls, First speech in Victorian Parliament, Hansard, 14th May 1996, p.39

The Victorian Liberal Nationals Coalition fully supports the Victorian Bar Council’s opposition to Attorney-General Rob Hulls’ dangerous policy on acting judges, Shadow Attorney-General Robert Clark said today.

Making a judge’s continued appointment subject to the decision of the
Attorney-General of the day corrupts the independence and impartiality of
our judiciary.

How can Rob Hulls expect anyone in a court case against the government to
accept having that case heard by a judge whose ongoing employment and
retirement pension entitlements are both completely dependent on their
appointment being continued by the Attorney-General? Mr Clark said.

Appointment of judges for life or until a fixed retirement age, and with
guarantees of their pay and pension entitlements, has been a fundamental
pillar of judicial independence for hundreds of years.

Judges need to be able to make decisions without fear or favour, and be
seen without any shadow of a doubt to be in a position to do so, Mr Clark
said.

For Mr Hulls to invoke a spurious and illogical claim of sexism to attack
the Bar Council shows just how readily our Attorney-General resorts to
bullying and bluster to try to silence his critics.

One could equally argue that it is Rob Hulls who is being sexist by only
appointing Judge Barbara Cotterell as an acting judge, rather than as a
full judge.

There is no doubt that Judge Cotterell, previously a magistrate with many
years of experience, is eminently qualified for appointment as a full
judge, and there is absolutely no need for her appointment to be as an
acting judge.

The court has vacancies in its existing ranks that need filling, and the
court will continue to need additional judges in future to cope with
growing workloads, Mr Clark said.

Victorians view the undermining of the judiciary as something that happens
elsewhere.

Now we cannot be so sure, Mr Clark said.