Former midwife Lisa Jane Barrett – acquitted of manslaughter over babies’ deaths – cleared to practise law in SA

A former midwife who was acquitted of manslaughter over the homebirth deaths of two babies can practise law – after initially being knocked back.

A controversial former midwife acquitted of killing two babies during homebirths has been declared a fit and proper person by the Supreme Court to be admitted as a solicitor and barrister.

Lisa Jane Barrett – who was found not guilty in 2019 of two counts of manslaughter – initially had her application to be admitted as a lawyer knocked back by the Board of Examiners.

But she now has been found to be “a fit and proper person” to practise law.

Ms Barrett was charged over the deaths of Tully Oliver Kavanagh in 2011 and an unnamed baby boy in 2012, and stood trial before Justice Ann Vanstone and in the absence of a jury.

In her reasons for the not guilty verdict, Justice Vanstone said that while Ms Barrett’s care was “less than competent”, criminal negligence had not been proven beyond reasonable doubt.

Ms Barrett was deregistered as a midwife in 2011 and in 2013 was banned by the Health and Community Services Complaints Commissioner from practising midwifery.

The deaths of two other babies, in 2007 and 2009, as well as Tully, were the subject of a coronial inquest, which found she continued to perform midwifery after her registration was rescinded.

Lisa Jane Barrett outside court in 2019. AAP Image/Keryn Stevens

Ms Barrett completed a law degree in 2018 and, in 2020, she applied to the Supreme Court to become a lawyer.

But the Board of Examiners – which includes senior lawyers and a Supreme Court master – refused to admit her amid concerns she was not a “fit and proper person” and had made a “number of serious errors of judgment” during her career as a midwife.

“There was a concern that the applicant may have placed her own wishes and beliefs over the safety of the women and children whom she sought to assist, despite recommendations made by the Health and Community Services Complaints Commissioner,” a Full Court of the Supreme Court judgment said.

Lisa Barrett outside the Coroner’s Court in 2011.

Ms Barrett appealed to the board, which then reconsidered further evidence and reassessed the matter, subsequently finding Ms Barrett had acknowledged her previous conduct was unsatisfactory.

In the Full Court of the Supreme Court judgment, which upheld a decision of the board, Ms Barrett was “regarded as open and frank” and “intends to pursue the law as a means of helping people” and would “display integrity, be honest and comply with the laws that apply to her”.

The judgment also said Ms Barrett had no prior convictions and “does not intend to practice in medical and health law”.

Ms Barrett was found to be “a fit and proper person to be admitted as a practitioner” to the court.

Ms Barrett, as do all newly admitted practitioners, will be supervised for two years.