Chapter 5
Appointment of judges

Commission’s approach in Issues Paper 29

5.16The starting point of our preliminary consideration was the principle that all judges should be appointed by a transparent process, with clear criteria, and adequate and appropriate consultation. We sought to give support to the kind of mechanics which had been suggested by successive Solicitors-General, as our enquiries suggested that their proposals have been employed somewhat unevenly by different Attorneys-General.

5.17In summary, we proposed that the Attorney-General should continue to make recommendations for appointment to the Governor-General. The Governor-General, of course, gives effect to the recommendation by his or her warrant. This presaged continuation of the very significant role of the Attorney-General.

5.18We also suggested that there should be legislated criteria for appointment, and a required scheme of consultation on the part of the Attorney-General.