Queensland Attorney-General Deb Frecklington has appointed former Liberal National Party MPs, including two former federal ministers, to the panel that hears disciplinary cases involving lawyers. The nine appointments to the Queensland Civil and Administrative Appeals Tribunal were made in early September and revealed only through an update to the government's appointments register.
Attorney-General Deb Frecklington made nine appointments to the Queensland Civil and Administrative Appeals Tribunal (QCAT) in early September, updating the roughly dozen members of its legal practitioner disciplinary function.
The panel deals with matters involving alleged wrongdoing by lawyers. Its members are split into "practitioner" and "lay" members, that is, lawyers and non-lawyers. Under the Legal Profession Act, lay members are eligible only if they have never been lawyers and have "high level experience and knowledge" in fields including consumer protection, business and public administration.
According to Brisbane Times' Public Circus column, the appointments include three former LNP MPs, and a broader group of five people with links to the party. Among them are Jane Prentice, a minister in the Turnbull government, and De-Anne Kelly, a minister in the Howard government. The appointments were revealed only through an update to the government's sprawling appointments register.
The appointments come as the Crisafulli LNP government continues to overhaul boards and state entities. More than half of QCAT's 143 members have been appointed or reappointed since the election, Brisbane Times reported.
Analysis
Why This Matters
- The disciplinary panel decides cases of alleged misconduct by lawyers, so its members hold real power over legal practitioners and over public confidence in the profession.
- The appointments extend the LNP government's sweeping changes to Queensland boards and tribunals into a quasi-judicial setting where independence is expected.
- The low-profile manner of the appointments, surfaced only through a register update, raises questions about transparency.
Background
QCAT is Queensland's main civil and administrative tribunal, handling disputes across areas from small claims to professional discipline. Its legal practitioner disciplinary function operates under the Legal Profession Act with a mix of "practitioner" and "lay" members. Lay members must never have been lawyers and must show high-level experience in fields such as consumer protection, business or public administration, reflecting a design that non-lawyers help judge the profession.
Since winning government, the Crisafulli LNP has been overhauling boards and entities across the state, and QCAT has not been exempt. More than half of its 143 members have been appointed or reappointed since the election, meaning the tribunal's current composition is substantially the work of the current government.
Key Perspectives
The LNP government: Appointments to tribunals are a routine function of government, and lay members must meet statutory criteria, including never having practised law and possessing relevant senior experience. Former ministers bring public administration experience.
The legal profession: The credibility of disciplinary hearings depends on members being seen as independent of party politics, since they are judging the conduct of fellow professionals.
Critics: Five of the nine appointees having links to one party, including three former MPs, invites questions about whether selections were made on merit. The limited public visibility of the appointments compounds those concerns.
What to Watch
- Whether the government's appointments register reveals further party-aligned appointments to QCAT or other state bodies as the overhaul continues.
- Any reaction from Queensland's legal professional bodies to the panel's composition.
- Whether the appointments draw scrutiny in state parliament or in future reviews of the appointments process.