The single sharpest fact in this story is that federal court judge Alexander 'Sandy' Street was the subject of a confidential police report nearly a decade ago, but it appears to have been ignored. This report was sent to the Australian Federal Police after an inter-agency taskforce examined a deal between his ex-wife's freight business and Chinese military officers. Judge Alexander Street is a federal court judge in Australia, and this report raises serious questions about his conduct.
The report was sent to the Australian Federal Police, but it seems that neither then-attorney-general George Brandis nor chief justices of the Federal Circuit Court, including the incumbent, William Alstergren, were ever informed about it. They didn't know about the report, and it's not clear why they weren't told.
At the state and territory level, Victoria, NSW, South Australia, the Northern Territory, and the ACT all have independent bodies that receive and manage complaints about judicial officeholders. But at the federal level, there isn't a similar body, and this case highlights the need for one. The Albanese government committed in principle to establish a federal judicial commission in 2022, but it hasn't been created yet.
Barrister Geoffrey Watson, SC, is a director of the Centre for Public Integrity, and he believes that a federal judicial commission is necessary. He said earlier this year, 'It's shown to have functioned very well with minimal disruption to judicial processes and enhancement to confidence in the judiciary.' He points to the NSW experience, where such a commission has been in place for some time. It's worked well there, and he thinks it could work well federally.
The design of a federal judicial commission is crucial to its effectiveness. The government has asked questions about membership and what would happen when its members disagree. They're also considering its remit, including whether it could investigate matters on its own initiative. The government has asked to what extent the workings of such a commission and the identity of those under scrutiny should be made public. This is an important consideration, as transparency is key to building trust.
When information about the conduct of judicial officers comes to light after being hidden, the risks to public confidence in the judiciary are magnified. Even where there isn't any wrongdoing, appearances count. In this case, the fact that Judge Street's conduct was not examined for so long raises questions about the accountability of federal judges. It's clear that something needs to change.
Geoffrey Watson, SC, said, 'It's shown to have functioned very well with minimal disruption to judicial processes and enhancement to confidence in the judiciary.' His comments highlight the importance of a federal judicial commission.
The case of Judge Street isn't an isolated one. There have been questions raised about Chief Justice William Alstergren himself and the disclosure of his relationship with fellow federal judge Amanda Mansini. This highlights the need for a federal judicial commission to investigate such matters and ensure that federal judges are held accountable for their conduct. They can't be above the law, and the public needs to know that they're being held to account.
The Australian government needs to get on with honouring its commitment to create a federal judicial commission. The longer it takes, the more questions will be raised about the accountability of federal judges. The public deserves to know that the judiciary is transparent and accountable, and a federal judicial commission is essential to achieving this. It's what the public expects, and it's what the government should deliver.
Key Facts
- Federal court judge Alexander 'Sandy' Street was the subject of a confidential police report nearly a decade ago.
- The report was sent to the Australian Federal Police after an inter-agency taskforce examined a deal between his ex-wife's freight business and Chinese military officers.
- Neither then-attorney-general George Brandis nor chief justices of the Federal Circuit Court, including the incumbent, William Alstergren, were ever informed about the report.
- The Albanese government committed in principle to establish a federal judicial commission in 2022, but it hasn't been created yet.
- Barrister Geoffrey Watson, SC, believes that a federal judicial commission is necessary to ensure accountability of federal judges.
The federal judicial commission, when created, will have a crucial role in investigating complaints against federal judges. It will need to be designed carefully to ensure that it is effective and transparent. The government will need to consider questions about membership and remit. They'll also need to think about the extent to which its workings and the identity of those under scrutiny should be made public. This is a complex issue, and it won't be easy to get right.
The case of Judge Alexander Street highlights the need for a federal judicial commission in Australia. The government needs to get on with honouring its commitment to create such a commission to ensure that federal judges are held accountable for their conduct. The public deserves to know that the judiciary is transparent and accountable, and a federal judicial commission is essential to achieving this. The government's commitment to creating a federal judicial commission is a step in the right direction, and it's crucial that they follow through on it. The public is waiting, and they won't wait forever.
The government should take action now to establish a federal judicial commission and ensure that federal judges are held to account.