Senate debates

Thursday, 15 March 2012

Questions without Notice

Family Court

2:45 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

My question is to the Minister representing the Attorney-General, Senator Ludwig. The minister will recall that on 14 February he told the Senate Legal and Constitutional Affairs Legislation Committee that the Attorney-General had promised a Family Court judicial appointment would remain at the Townsville registry. The minister will probably also be aware that the last permanently based Family Court judge in Townsville, the Hon. Justice Robert Monteith, retired in November 2011, almost four months ago. When does the government intend to replace Justice Monteith?

2:46 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I thank Senator Ian Macdonald for his interest in Family Court judges in Townsville. I do not accept the premise of his question, but can I answer it in this way: there is, and has been, consultation between the Attorney-General and the Chief Justice and the Chief Federal Magistrate. The Attorney-General is considering how judicial resources may best be allocated following Justice Monteith's resignation and other upcoming vacancies.

The Attorney-General has also approved the commencement of the process to appoint judges in Sydney, Adelaide and Queensland, and has indicated a preference that the Queensland position be based in Townsville. These positions will be advertised shortly, I am advised, and I encourage strong candidates from North Queensland in particular to apply. Placements in particular registries are always dependent on suitable applicants or nominees being put forward in the appointment process, and for any Queensland position it remains the prerogative of the Chief Justice of the Family Court to manage the circuit duties and the workload of judges, which may entail extensive travel for any judges based in North Queensland.

The process is in train. The Attorney-General is going through the appropriate process to discuss and to end up with an appointment process. I encourage strong candidates, particularly in North Queensland, to watch for the advertisement, make the appropriate applications and indicate their preference for Townsville. There is a preference from the Attorney-General to look at Townsville— (Time expired)

2:48 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

Mr President, I ask a supplementary question. I ask the minister to check the Hansard records, where he will see that commitment was made. I also ask whether he is aware that the Townsville legal profession was advised by the Attorney-General's office on 15 February that advertisements would be placed in papers in Townsville on 3 March. Were they published on that day as promised? If they were not, when is it intended to place those advertisements?

2:49 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

In fact, I think the primary question covers all the issues that the supplementary question has sought to deal with. Again, I take the opportunity to indicate the information I have at hand. I am always encouraged in these circumstances to take on notice any question that I have not answered to see if the Attorney-General can provide any additional information which may be helpful.

What I said in answer to the primary question was that the Attorney-General has approved the commencement of the process to appoint judges in Sydney, Adelaide and Queensland, and has indicated a preference that the Queensland position be based in Townsville. In addition, my answer indicated that the process will also entail advertisements, and I can indicate that they are in train. As to the particular timing of that, it is a matter for the Attorney-General to deal with, but it seems that it will not be too far away.

2:50 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

Mr President, I ask a second supplementary question. I would like the minister to reassure the people of North Queensland that a permanent placement will be made to the Family Court in Townsville. The minister will be aware that at estimates he promised, on behalf of the Attorney-General, that it would be done. The Attorney-General's office told us that there would be an advertisement on 3 March and there was not. Are these promises by the minister similar to the Prime Minister's promise that there would be no carbon tax or to her ironclad guarantee to maintain the health insurance rebate? Should people just ignore the promise— (Time expired)

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

It worries me somewhat that Senator Ian Macdonald has now gone to the gutter in relation to what is a very important Family Court appointment in Townsville. To those on the other side—

Senator Brandis interjecting

I am sure that Senator Brandis would not agree that we should cheapen this appointment by using the language that Senator Ian Macdonald has used, drawing it into another debate completely that can be run at any time. What the Attorney-General has said is that these positions will be advertised shortly and, as I said in my answer to the primary question, I encourage people from North Queensland to make strong applications for that position because the Attorney-General has a preference for a Townsville base.