Federal Court to be grilled on six-figure roles

The Federal Court is expected to be grilled over the appropriateness of hiring 10 people to fill important jobs with six-figure salaries. See why.

The Federal Court is coming under fire over several appointments for six-figure roles. Picture: NCA NewsWire / Naomi Jellicoe

Federal Court officials will be questioned at estimates in a fortnight over the appropriateness of appointments made to important six-figure jobs.

It comes after the court was criticised over its answers to questions on notice posed by Greens senator David Shoebridge.

The Australian Public Service Commissioner has investigated the court over the appointment of 10 people to the position of registrar, a job which carries with it judicial powers including the ability to preside over hearings and issue bankruptcy orders.Because of the job’s importance, registrars need to be admitted as lawyers by a state supreme court.

However, two of the people who were given the job were not admitted as lawyers at the time they were appointed.

In a secret report, APSC acting assistant commissioner Kate McMullan found that the court broke the Public Service Act in appointing one of the people but said the other appointment did not break the law because the applicant had “a clear pathway to eligibility within a reasonable time after the recruitment process”.

Senator David Shoebridge. Picture: NCA NewsWire / Martin Ollman

Answering Senator Shoebridge’s questions last month, the court told parliament Ms McMullan made two recommendations and it “fully complied” with them by training staff on public service hiring rules and the public service code of conduct.

“No further issues were identified by the Australian Public Service Commission regarding recruitment conducted by the Federal Court,” the court told parliament.

However, documents show Ms McMullan made additional recommendations to the court and did identify at least one additional issue.

In a December 20, 2020 letter to the court’s chief executive, Sia Lagos, Ms McMullan said that in the case of the applicant where she found no breach, “as a matter of best practice it may have been advisable for the selection panel to more explicitly record the reason for short-listing, interviewing and selecting such a candidate”.

“Additionally, while I did not make any adverse findings in relation to the other recruitment processes undertaken by the FCA, I note that more clear and transparent communications from the FCA about the role review process … may have been advisable to reduce the risk of misunderstanding in relation to those roles,” Ms McMullan said in the letter.

“I have therefore recommended that future FCA role reviews or restructuring exercises are communicated to staff in a transparent and clear way to reduce the risk of misunderstanding and/or misinformation.”

Australian Public Service Commissioner acting assistant commissioner Kate McMullan. Picture: LinkedIn

Senator Shoebridge said he would be asking the court about its answer when executives appear before estimates hearings, expected to be on May 23 or 24.

“I expect full and frank answers when they are given on oath in Budget estimates,” he said.

“I expect nothing less in the responses that are provided by the minister in this matter.”

A Federal Court spokesman said: “The Federal Court strongly rejects any allegation that it misled parliament. The Court answered all questions accurately and truthfully.”

“In addition to meeting all the recommendations of the APSC, relating to adverse findings, the Court also complied with all further guidance provided by the Commission at that time.”

Originally published as Federal Court to be grilled on six-figure roles