Letter to the Editor

Dear Editor

I wish to echo the sentiment of Dr Huntly, in his article "Demise of the Crown in Western Australia", that lawyers considering their career could do well to consider the option of opportunities in the public service sector.

The practice of law in all areas can be very challenging but we do also have the satisfaction of helping clients achieve objectives that they do not have the training or knowledge to be able to do themselves. As Dr Huntly commented, in the public service matters that we work on can have a broader effect. At the risk of being self-indulgent, I give two examples.

A recent article in The West Australian newspaper has brought to mind when I was working for the Crown Law Department, as it was then called, in the 1970s. My duties included being the Western Australian legal officer attached to the Standing Committee of Attorneys General of Australia and New Zealand (“Standing Committee”). One of the topics raised for consideration for uniform law was the interstate transfer of prisoners. I was a member of the subcommittee that prepared a position paper for the Standing Committee. It was a subject that had many issues. However, potential benefits being considered were promoting successful rehabilitation and reintegration into society of prisoners and also the practical aspect of better dealing with the situation where a prisoner in one State has various criminal charges against him or her in other States. To wait until the prison term expired and then arresting the prisoner on release and bring him or her to trial in another State posed many difficulties with the passage of time. For the prisoner to be transferred to another State and have all outstanding charges dealt with and sentencing with knowledge of the existing sentence could bring some clarity and direction of the prisoner’s future and hopefully assist in rehabilitation.

After consideration and discussion, the Standing Committee was in favour of uniform legislation for interstate transfer of prisoners. By then I was on extended long service leave and also researching constitutional law at UWA. From my involvement and research on the position paper for the interstate transfer of prisoners, the Standing Committee asked if I would accept a brief to prepare the draft uniform legislation. I was happy to accept the assignment and in due course my draft was accepted as the pro forma for the uniform legislation. Processing through to become law takes time and the relevant legislation in Western Australia is Prisoners (Interstate Transfer) Act 1983.

I had no involvement beyond that but with the concept or transfer of prisoners established in Australia it expanded into the international sphere. Now the International Transfer of Prisoners Act 1997 (Commonwealth) provides legal framework for the international transfer of prisoners scheme administered by the Commonwealth Attorney General’s Department. Under this, with various Treaties, Australia is now able to undertake transfers of prisoners with over 60 countries.

From time to time, news reports refer to Australians imprisoned overseas being transferred back to Australia to serve out their sentences, hopefully with a better prospect of successful rehabilitation than may otherwise have been the case.

No instant gratification here from the work I did in the 1970s but to have played a small role in such community issues has been a rewarding element of practice.

Another of the projects of the Standing Committee of around that era was the establishment of the Family Court throughout Australia and in particular the Family Court of Western Australia. I had the privilege of working with the Solicitor General, Ron (later Sir Ronald) Wilson QC in researching and advising on Western Australia going its own way with the establishment of the Family Court. There may be differing views as to whether the solution that was adopted for balancing uniform laws with State rights within a Federation and preserving the status of the Judiciary. It seems overall to have been very successful. In any event to have had some involvement with the establishment of that Court through my employment has been rewarding. At this stage, I am probably the last remaining person with a practice certificate to have had any involvement at that time.

I am not seeking to sell a career in the public service, in fact I have spent more time in private practice than with the public service. In both there are times that are rather mundane, times that are stressful and times that are rewarding. As I said at the beginning, I just wish to echo Dr Huntly saying that in looking for a career do not overlook what may be offered in the public service.

Yours Faithfully

Murray Smith Murray Smith Solicitors

Mosman Park WA 6012