2 June, 2026
The Hon. R.A. SIMMS (15:27): I seek leave to make a brief explanation before addressing a question without notice to the Attorney-General on the topic of judicial appointments.
Leave granted.
The Hon. R.A. SIMMS: On 21 May 2026, Her Excellency the Governor appointed former Labor minister Andrea Michaels to the office of Associate Justice of the Supreme Court of South Australia. I understand that judicial appointments are made by the Governor following approval by cabinet and on advice of the Attorney-General. As of 2025, the Remuneration Tribunal has determined that Associate Justices of the Supreme Court earn $468,100 a year. My questions to the Attorney-General, therefore, are:
1. What was the selection process for the appointment of former minister Andrea Michaels to the Supreme Court?
2. Were other applicants considered for this position?
3. What level of consultation occurred with the state's judiciary in relation to the appointment?
The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations, Minister for Arts, Special Minister of State) (15:28): I thank the honourable member for his question. As the honourable member pointed out, several important appointments were made to the state's courts and tribunals on 21 May, which include: Jeff Powell SC as a judge of the District Court; as the honourable member pointed out, Andrea Michaels as an Associate Justice of the Supreme Court; Naomi Kereru as the State Coroner; Thomas Burke as a magistrate; and Ben Smith as a commissioner of the South Australian Employment Tribunal.
As the member has pointed out, the process, which has been the same under every government that I can remember, is that the Governor proclaims these appointments after Executive Council meets on the advice of cabinet.
Obviously, we don't go into the nature of cabinet deliberations. I don't think there is any suggestion that any of the people I have mentioned are not suitable appointments for these offices.
I think the process that has stood the test of time in South Australia has served South Australia well. If the suggestion is that someone who served in our parliament ought to be excluded from a particular role in our society, that's not something I agree with. We have seen Robin Millhouse, Len King and others as very good servants on our judiciary in years gone by.
The Hon. R.A. SIMMS (15:29): Supplementary: given the new associate justice will be paid more than $468,000 a year, doesn't the Attorney-General think the people of South Australia deserve more transparency around the selection process of such a key appointment? Isn't this more jobs for Labor mates?
The PRESIDENT: I don't think that follows from the original one, but you are welcome to have a crack at it if you want.
The Hon. K.J. MAHER (15:30): I am always very accommodating to the Hon. Robert Simms and the Greens. Notwithstanding how out of order he may be here and at other times, I am happy to answer the question. As I have said, I don't think having served in this chamber should rule you out from serving in any other capacity in South Australia. The process is the same as it has been under all governments of all persuasions that I can remember.
The Hon. N.J. CENTOFANTI (Leader of the Opposition) (15:30): Supplementary: when did discussions to do with the key appointment of the former minister occur in cabinet?
Members interjecting:
The Hon. N.J. CENTOFANTI: When. You don't have to do deliberations, just when.
The PRESIDENT: I will move on. The Hon. Mr Simms, did you have a supplementary?
The Hon. R.A. SIMMS (15:31): Supplementary: will the government review the process to better accord with community expectations?
The PRESIDENT: Once again, I don't think that follows from the original answer.
Members interjecting.