Appointing Public Defenders

Public Defenders are appointed under the Public Defenders Act 1995. They are appointed by the Governor in Council. The Governor usually acts upon the advice of the Attorney General, who is authorised by Cabinet to give the Governor such advice. A Public Defender appointed by the Governor has tenure and can only be removed from office as a result of incompetence, misconduct, bankruptcy and mental illness.

To be eligible to be appointed as a Public Defender the following criteria apply (Schedule 1, clause 2):

1. A person must be an Australian lawyer of at least 7 years' standing to be eligible for appointment as the Senior Public Defender
2. A person must be an Australian lawyer of at least 5 years' standing to be eligible for appointment as a Deputy Senior Public Defender
3. A person must be an Australian lawyer to be eligible for appointment as a Public Defender

Section 3A of the Act provides that the Attorney General may issue guidelines for the process of selection for appointment or reappointment of a Public Defender.

Download the Guidelines for the appointment of Public Defenders (PDF, 1.6 MB)

Read more about the role of the Public Defenders.