Opinion: Qld Labor’s jobs for the boys (and girls) run deep

Sometimes it feels like Queensland Labor is a big club of fellow travellers with the number of mates’ appointments, writes Des Houghton.

Attorney-General and Justice Minister Shannon Fentiman has promoted her aunt to a new role in the judiciary on a salary of $368,000.

Kerry Magee was one of 15 new specialist Queensland Children’s Court magistrates whose powers were expanded to deal with serious crimes by children under 17 and to make child protection orders.

The appointment of Magee, the sister of Fentiman’s mother Christine, follows the appointments of at least 17 Labor “mates” to high-paying jobs in the judiciary in recent years, despite claims by Labor of a bipartisan selection process.

A succession of Labor attorneys-general have appointed lawyers who have direct or indirect family links to ALP figures. Some of them were thanked profusely in Parliament for their help with Labor election campaigns. Some have been friends since university days. Some have made donations to the ALP.

Magee was appointed to her new role by Governor Paul de Jersey on October 8 on Fentiman’s recommend, according to parliamentary documents. There was no press release announcement.

Magee’s current salary is $368,331, but she and other members of the judiciary are overdue for a raise when the Remuneration Tribunal, an independent statutory body, makes its next determination.

Magee, a former president of the Gold Coast Bar Association, is a seasoned magistrate who was sworn in 2009.

Here I hasten to add I am not suggesting she was not qualified for the role.

Attorney-General Shannon Fentiman

Fentiman spoke glowingly of “Aunt Kerry” and her mother Christine in her maiden speech in Parliament in 2015. Her mother had “instilled in me a passion for social justice”.

She added: “I also cannot forget my Aunt Kerry, who was one of the first women to become a partner at a large Gold Coast law firm. She was my inspiration to study law. These strong women paved the way for me.”

Earlier this month Fentiman also promoted Supreme Court judge and Labor donor Kerri Mellifont QC to the role of president of the Queensland Civil and Administrative Tribunal on a package in excess of $468,000 a year.

It was a swift upgrade for Justice Mellifont who was elevated to the Supreme Court a month before on October 4.

Mellifont is a prominent Labor identity and the wife of Labor’s Member for Toohey, Peter Russo, and the daughter of the late Brian Mellifont, an ALP life member who served as an alderman on the Brisbane City Council for 24 years.

Documents filed with the Electoral Commission of Queensland show that Kerri Mellifont gave $3,700 to the ALP Queensland branch between 2017 and 2020.

The wife and the sister-in-law of prominent Labor MP Linus Power have both won high-paying jobs in the Queensland judiciary in recent years.

Fentiman made Megan Power a magistrate in July 2021. She is Linus Power’s sister-in-law by virtue of her marriage to barrister Ben Power, Linus’ brother.

Linus’ wife Jacqueline Power, a former legal adviser with the Australian Workers Union, was appointed to the Queensland Industrial Relations Commission in July 2019 by Industrial Relations Minister Grace Grace.

Labor’s Member for Logan Linus Power

The appointment was not without controversy.

At the same time, she appointed Power, Grace also appointed Ros McLennan, the general secretary of the Queensland Council of Unions to the QIRC. Both get salaries of $368,060 a year and will retire on generous pensions like those awarded to Supreme Court judges.

The appointments of Power and McLennan caused deep divisions within the Labor movement.

CFMEU boss Michael Ravbar said in a statement to The Australian that the Queensland Labor Government was out of touch for giving plum jobs to political mates.

Grace was close to McLennan and was Ms McLennan’s predecessor at the QCU before she re-entered politics.

Ravbar slammed the appointments saying the QIRC had “scant representation” for blue-collar workers.

“What we have here is a decision that commits taxpayers to funding millions in extra salaries over the coming years for a series of appointments that basically reward friends of the government,” Ravbar said.

“These appointments reflect an appalling lack of judgment on the part of the Palaszczuk government – a government which when it comes to the interests of workers – is looking increasingly remote and intolerant of criticism.’’

It was the first time your columnist has agreed with anything Ravbar has said.

Earlier this year Fentiman appointed another Labor mate to the judiciary when Irish-born Eoin Mac Giolla Ri was sworn in as a magistrate on $368,332.

In his maiden speech Russo thanked Mac Giolla Ri and another lawyer Peter Davis, who was also destined for the judiciary.

Justice Peter Davis

“I thank Eoin Mac Giolla Ri, who gathered supporters to my functions at Michael’s, and Peter Davis and Belinda Davis, who were central to the organisation of my Jail House Rock function held at Boggo Road jail, and to making sure that my volunteers on election day were fed and watered,” Russo told the House.

“I also thank my mate T.P. (Terry Peters) for plugging election day holes. Boggo Road jail was a place that I had often visited as a lawyer, and I must say that I had mixed feelings about holding a function at a place that used to be fundamentally one of misery.

“The aim of the night was to try to have so much fun that some of that misery was cancelled out. Many gave it their best shot.”

After organising the fundraiser for Russo and providing sustenance for ALP booth workers, it’s fair to say that Davis was a Labor supporter and a Labor activist. As president of the Queensland Bar Association, Davis became embroiled in a series of bitter disputes with the Premier Campbell Newman and Attorney-General Jarrod Bleijie. He was among a group of lawyers who campaigned against the Newman government.

By September 2017 the new Attorney-General Yvette D’Ath appointed Davis to the Supreme Court. D’Ath promoted Davis again in May 2020. He now sits as president of the Queensland Industrial Relations Commission where he enjoys an annual salary of $433,012 plus an annual jurisprudential allowance of $35,008.

During her time as Attorney-General, D’Ath appointed other Labor mates to the judiciary.

Judge Gregory Lynham

Barrister Mark Nolan was a former state secretary of the Labor Party in Western Australia and was a director of Campaign and Communications Pty Ltd, a company commissioned to co-ordinate Labor’s 2012 state election campaign. Nolan was appointed to the magistracy in October 2017 and appointed a children’s court magistrate earlier this month.

In the lead-up to the 2015 election, Nolan’s wife Kathryn Ellis became involved in a controversy in her role as director of corruption investigations at the Crime and Misconduct Commission.

The Courier-Mail reported Ellis was one of the officials leading the CMC’s misconduct division when CMC launched an investigation into financial dealings involving LNP leader Campbell Newman.

Ellis was stood down. Later, CMC investigators recommended she be sacked for failing to disclose her husband’s relationship with the Labor Party. She later resigned.

The CMC later cleared Newman of official misconduct.

A year after the 2015 state election, Labor’s failed Moggill candidate Louisa Pink was appointed a magistrate, while Gregory Lynham a cousin of Labor Mines Minister Anthony Lynham was made a District Court judge on a package of $$421,218.

Jobs for mates continued recently when the former minister was appointed chairman of the Gladstone Ports Corporation.

Failed Labor candidate turned magistrate Louisa Pink

There are wheels within wheels. Sometimes it feels as though Labor is a big club of fellow travellers.

The appointments of Labor figures to judicial posts who have job security until they turn 70, stretches back decades. Labor attorneys-general who appointed Labor members or friends include Rod Welford, Linda Lavarch, Kerry Shine, Cameron Dick and Paul Lucas.

Lavarch appointed Fleur Kingham as a judge of the District Court in July 2006 and in 2016 D’Ath promoted her to the position of president of the Land Court on a remuneration of $468, 020.

She is the wife of David Barbagallo, the former chief of staff of Premier Annastacia Palaszczuk who was cleared last year of corruption after an investigation by the CCC.

However, the investigation found Barbagallo failed to properly declare he was a was director of a company given $267,000 in government funding.

Fentiman declined an interview request and tried to distance herself from the appointments she approved.

Her spokesman said Chief Magistrate Terry Gardiner had initially requested the 15 Magistrates be appointed to the Children’s Court.

“Magistrate Magee was one of the magistrates put forward by the Chief Magistrate,” she said.

She said Fentiman had taken advice from Integrity Commissioner, Nikola Stepanov.

“The Attorney-General sought Integrity Commissioner advice regarding the appointment of Magistrate Magee as a Children’s Court Magistrate.

“The advice was that there were no concerns with this appointment.’’

MINISTER’S PAST INTEGRITY ISSUE

Attorney-General and Justice Minister Shannon Fentiman, who is also the Minister for Women and Violence Prevention, was ensnared in her own integrity crisis in 2019.

It happened when she belatedly declared staying at the Canadian ski slopes home of a consultant whose firm later won work from her department. Fentiman was forced to update her Register of Member’s Interests to include the free accommodation during a winter getaway at Whistler.

She was a guest at the holiday home owned by PricewaterhouseCoopers consultant Nicole Scurrah, who was former premier Anna Bligh’s chief of staff, and her husband Paul, the boss of Virgin Australia.

Ms Fentiman’s declaration came after the Opposition questioned Treasurer Jackie Trad during Budget estimates hearings on her stay at the same Whistler home, which she did declare.

PwC has been awarded six small contracts totalling $242,000 from Fentiman’s department. The Courier-Mail said it understood Scurrah was not involved in any of them.