Published in 2017, the Kerr Report provided guidance on the selection process for judges in Australia. The report highlighted the importance of ensuring that potential appointees are "inable of being chosen" – meaning they should not be disqualified from standing for election due to any criminal convictions or other disqualifying circumstances.
The Australian Public Law approach emphasizes the need for a thorough vetting process to ensure that only fit and impartial candidates are appointed as judges. The report's recommendations have had a significant impact on the judicial appointments process in Australia, with many jurisdictions adopting similar criteria to those outlined by Kerr. This has helped to reduce the number of disqualified applicants and increase the diversity of the judiciary.
However, critics argue that the Kerr Report has been criticized for its limitations and potential biases. Some have argued that the report's focus on disqualifying candidates based on criminal convictions overlooks other important factors, such as a candidate's qualifications and suitability for office. Nevertheless, the Australian Public Law approach remains an important framework for selecting judges in Australia, emphasizing the importance of impartiality and fairness in the appointment process.
For further information on the Kerr Report and its implications for judicial appointments, please refer to the source URL: https://www.auspublaw.org/blog/2017/02/incapable-of-being-chosen
https://www.auspublaw.org/blog/2017/02/incapable-of-being-chosen