Judges are no more than glorified bureaucrats given immense power with no accountability. It has to stop.
“And my question to you minister are were you looking at setting up some sort of review commission similar to ICAC but for judges whereby judges can be held to account for their performance.
I think that’s been discussed but I’m not up to speed with it. I have a vague recollection of a judicial commission being committed to.”
Committee on 15/02/2023
Education and Employment Legislation Committee
Fair Work
Senator RENNICK: I’ll finish off on this question. Mr Nathan Necovski went to the Fair Work Commission, and, as part of the mandates, he had to get a vaccine and was injured after the vaccine. He was given an exemption from getting further vaccines because he was severely incapacitated. He then went to the Fair Work Commission, who actually said that the dismissal was unfair, but they gave him a measly $2,175 in compensation. Do you think that’s something that is fair to the Australian workers? This guy did the right thing. He got a vaccine, was incapacitated and lost his job. The Fair Work Commission actually ruled in his favour and said it was an unfair dismissal, but the compensation was just over $2,000. How is $2,000 going to compensate someone who (a) has lost his job and (b) has been severely injured, with possibly lifelong consequences, from the vaccine?
Mr Furlong : It may help if I just describe my role at the commission. I hold a statutory office that’s responsible for the administrative side of the organisation. I’m responsible for providing—
Senator RENNICK: So you’re responsible for the administration. How do I get these commissioners who are making such callous rulings to be held accountable to the parliament and to the people?
Mr Furlong : In many ways, they’re quasi-judicial officers. In many ways, they’re akin to judges. They’re independent statutory office holders. They make decisions in accordance with the Fair Work Act, which provides them with the guidance—obviously, under case law as well—to assist them in their decision-making.
Senator RENNICK: My question is to you, Minister, and I’m happy for you to correct me here. Is the government looking at setting up some sort of judicial review commission similar to ICAC but for judges, whereby judges can be held to account for their performance? I think that’s been discussed, but I’m not up to speed with it.
Senator Watt: I have a vague recollection of a judicial commission being committed to. I think I’m right in saying that, but that really would be something for Attorney-General’s estimates.
Senator RENNICK: Yes, sure. Is that something we could look at—bringing the Fair Work commissioners under that judicial commission so that they’re held accountable for these callous decisions? I know you can’t answer that, but—
Senator Watt: Yes, I wouldn’t want to comment on something that’s outside this portfolio.
Senator RENNICK: Okay. Thanks for your time.
