AG blocked top discrimination lawyer from tribunal job

Why another top lawyer was knocked back for appointment to a tribunal by the personal intervention of the Attorney-General.

Former Tasmanian Anti-Discrimination Commission Robin Banks.

FORMER Tasmanian Anti-Discrimination Commissioner Robin Banks was another of the recommended candidates blocked from appointment to the Tasmanian Civil and Administrative Commission by Attorney-General Elise Archer, parliament has heard.

A panel recommended 17 candidates for appointment to the Tribunal in June.

But Ms Archer rejected four of those recommended for appointment — including barrister Greg Barns SC and Ms Banks — and appointed six candidates who were not on the list.

The government initially refused to release the names of those who were appointed by Governor Barbara Baker on Ms Archer’s recommendation in August – saying that the process was confidential.

The appointments do not appear to have been publicly announced or recorded in the Government Gazette.

Former Tasmanian Anti-Discrimination Commissioner Robin Banks. Picture: Sam Rosewarne.

Ms Banks, a lawyer with 20-years experience and PhD candidate, said she had asked for feedback from Department of Justice and was told because it was because of her public work.

“I find it odd because most of what I have done work on since I was Commissioner was work I was doing when I was Commissioner,” she said.

That included work on gender identity recognition legislation for transgender Tasmanians, she said.

“Speaking up about equality rights, and better protection around equality rights, and injustice and improving people’s lives should not preclude you from serving on a tribunal.

“Talk about silencing of dissent: this is silencing of voices who seek to improve outcomes in our society.

“It is deeply disappointing. It is problematic that the Attorney is also suggesting that the panel didn’t do their job.”

Ms Banks said the selection panel has asked applicants about their ability to conform with the code of conduct and she had addressed those to their satisfaction.

Labor shadow Attorney-General Ella Haddad said Ms Banks was a highly qualified candidate and labelled the interference in the appointment process by the Attorney-General “appalling”.

Labor shadow Attorney-General Ella Haddad said Ms Banks was a highly qualified candidate/ Picture: David Killick

“It’s the Attorney-General who has shown us this week that it is her that can’t act in an impartial way,” Ms Haddad said.

The Attorney-General told Parliament she could not be satisfied that some candidates with a history of advocacy could comply with the tribunal’s code of conduct requiring impartiality. “I was completely entitled to reach a different view about the suitability of candidates than that which was reached by the selection panel,” Ms Archer said.

“As I’ve said, after having regard to the panel’s advice, I formed the view that the panel had not adequately considered a number of matters required for appointment.

“Those matters were directly relevant to selection criterion six which was a preparedness to adhere to the TASCAT member code of conduct and to maintain the tribunals independence and reputation as well as personal independence and integrity.”

Premier Jeremy Rockliff speaks to the media at Parliament Square in Hobart on Thursday, November 24, 2022.

Premier Jeremy Rockliff on Thursday expressed his confidence in Ms Archer’s handling of appointments to the tribunal.

“I have every confidence in the Attorney-General and the Attorney-General is a very diligent and hardworking Member of Parliament,” he said.

Mr Barns said he was seeking a right of reply to Ms Archer’s comments in parliament.

‘I don’t play favourite’: Archer defends hand-picking lawyers

ATTORNEY-GENERAL Elise Archer has told parliament said she was not confident the candidates she blocked from being appointed to a state tribunal would have conformed with its code of conduct.

An independent selection panel made 25 recommendations for appointments of the Tasmanian Civil and Administrative Tribunal in June but Ms Archer rejected four — including senior barrister Greg Barns SC — and added six candidates of her own choosing,

In response to a question from member for Franklin David O’Byrne, Ms Archer said she was glad for the opportunity to explain the appointment process to the House of Assembly.

“I’ve done absolutely nothing wrong,” she said.

“When I reviewed the selection report, I did not consider that the panel had adequately considered whether four of the recommended applicants held other positions that could affect the perception of their impartiality.

“The issue was directly relevant to selection criteria six, which was and I quote: ‘preparedness to adhere to the TASCAT member code of conduct and to maintain the tribunals’ independence and reputation as well as personal independence and integrity and to promote the highest standard of behaviour’.”

Mr O’Byrne said TASCAT was being stacked with political appointees.

“It’s appears that any candidate who has been even slightly critical of the minister or the government has been excluded from these roles.

“There is a long history of suitable members of the judiciary being appointed in roles when they have previously engaged in civil discourse.

“In response to my question, the Minister made the extraordinary assertion that this interference was justified to ‘preserve the perception of impartiality’ of TASCAT.

“What’s impartial about circumventing the recommendations of the independent selection panel and the Minister adding their own recommendations?”

Attorney- General of Tasmania Elise Archer. Picture Chris Kidd

In response to questions from Labor, Ms Archer said she met with TASCAT President Malcolm Schyvens before the appointments were made by the Governor.

“The correct process was followed. I considered that selection criteria were adequately taken into account,” she said.

Greens MP Rosalie Woodruff accused Ms Archer of “breaking the law” by her interference with the selection process — something Ms Archer rejected.

“The requirements of the TASCAT Act in relation to those appointments were absolutely followed,” she said.

And Labor’s shadow Attorney-General Ella Haddad said Ms Archer’s actions would have a chilling effect on free speech by lawyers.

“Isn’t it clear if someone speaks up publicly in this state, they won’t get a job,” she asked.

Ms Archer rejected that as well.