History of Public Defenders

There has been a Public Defender in New South Wales since 1941. The first incumbent was Gordon Champion. When he died in 1945 he was replaced by Fred Vizzard who remained the sole Public Defender until he was joined by Clarrie Cullen in 1953. Fred Vizzard came to national prominence for his defence of Stephen Lesley Bradley who was charged with, and ultimately convicted of, the kidnapping of young Graeme Thorne.

The number of Public Defenders was increased to three in 1965 with the appointment of Howard Purnell QC. Over the years since 1965, the number has incrementally been increased and now stands at twenty-nine.

Initially, Public Defenders came within the ambit of the Public Service and were under the control of the Public Service Board. This was seen as unsatisfactory because it meant that Public Defenders did not have the same independence as Crown Prosecutors. Consequently, in 1969 the government decided that Public Defenders should be, and be seen to be, independent of the executive arm of government. In that year, the Public Defenders Act 1969 was passed. The Public Defenders worked under that Act for 26 years.

In 1995, the Public Defenders Act 1995 replaced the earlier Act. The new Act extended the scope of work that Public Defenders could undertake, allowing them to appear and advise in relation to prerogative writs in the Supreme Court, bail applications and quasi criminal procedures such as parole hearings, hearings before the Mental Health Review Tribunal and the like. Further, the Public Defenders were now enabled to accept work for legal aid agencies other than the Legal Aid Commission (now Legal Aid NSW), namely Aboriginal legal services and other community legal centres. The Public Defenders Act 1995 also permitted Public Defenders to be seconded to Royal Commissions, ICAC and as Crown Prosecutors. The new Act enshrined the positions of Senior Public Defender and Deputy Senior Public Defender and outlined the responsibilities of persons holding these offices.

In 1999, changes were made to provisions which now appear in the Crimes (Sentencing Procedure) Act giving the Senior Public Defender a special right to intervene in cases where the Court of Criminal Appeal has been asked to give a Guideline Judgment about a matter or offence of general public importance.

In 2020, the Attorney General issued a formal specification under s10 of the Act clarifying that the Public Defenders could appear and advise:

      On behalf of a legally aided person whose liberty is at stake, in any proceedings, whether before a court, tribunal or authority (such as the Parole Authority) which affect the liberty of a person including, but not limited to, applications for orders for extended supervision or continuing detention, terrorism control orders, child protection (offenders prohibition) orders and judicial review of administrative decisions (such as administrative decisions about parole or detention).

(See NSW Government Gazette No 187 of 28 August 2020)

There are now 29 Public Defenders based in locations throughout the State including Sydney, Western Sydney, Campbelltown, Wollongong, Newcastle, Coffs Harbour, Lismore, Wagga Wagga, Tamworth, Orange and Dubbo.