Style The Honourable Formation 1 January 1901 | Inaugural holder Sir Samuel Griffith | |
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Nominator Prime Minister of Australia Appointer Governor-General of Australia Term length No set term, though retirement is mandatory at age 70 | ||
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, the first woman to hold the office.
The office of Chief Justice of the High Court is established under section 71 of the Australian Constitution, which establishes the High Court as consisting of a Chief Justice and at least two other Justices. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903, with the first appointments to the High Court commencing on 5 October 1903.
The Chief Justice is first among equals among the Justices of the High Court, and the position differs little from that of the other Justices. All Justices, including the Chief Justice, are appointed by the Governor-General of Australia, on the advice of the federal government. They can be removed only by the Governor-General, on a request from both houses of the federal parliament, although this has never been done. Since 1977, appointment has been until the mandatory retirement age of seventy (before 1977, appointment was for life). The one substantial difference between a Chief Justice and the other Justices of the Court is that, where opinion on the court is evenly divided, ordinarily the side of the question that is supported by the Chief Justice prevails.
The Chief Justice often acts as the Governor-General's deputy, especially at ceremonies such as the opening of Parliament after an election. Chief Justice Samuel Griffith was several times consulted by Governors-General of Australia on the exercise of the reserve powers. However, Chief Justice Garfield Barwick created controversy during the 1975 Australian constitutional crisis when he advised Governor-General Sir John Kerr on the constitutional legality of dismissing a prime minister—especially as the prime minister, Gough Whitlam, had refused Kerr's request for permission to consult Barwick or to act on any advice except Whitlam's own.
The Chief Justice also administers the Oath of Allegiance to the Monarch and an Oath of Office to the Governor-General-designate when he or she takes up his or her appointment.
List of Chief Justices of Australia
Chief Justice Sir John Latham was absent from the office when he served from 1940 to 1941 as Australia's first ambassador to Japan. Sir George Rich was Acting Chief Justice in Latham's absence.