Federal Court of Australia
'SUDGMENT Ne. ... en pe
CATCHWORDS
Administrative Law - Judicial Review - Appointment of counsel for
defence of andicted person under Judiciary Act 1903 5.69(3) -
Certification by Justice or Judge to Attorney-General that indicted person "1s without adequate means to provide defence for himself" - Interpretation - The contrary of that which 15
certified not to be considered in exercise of discretion conferred
by 5.69(3).
Judiciary Act 1903 - s.69(3)
BRIAN JAMES MAHER V. ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
No. G30 of 1985
JENKINSON J. 3 MAY 1985 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) NO. G30 of 1985 GENERAL DIVISION )
BETWEEN: BRIAN JAMES MAHER Applicant
AND: ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
Respondent
CORAM: Jenkinson J.
DATE: 3 May 1985 PLACE: Brisbane
REASONS FOR JUDGMENT
Application for an order of review in respect of a decision made by the respondent under section 69(3) of the Judiciary Act 1903 that he decline to cause arrangements to he made for the defence of the applicant, a person committed for trial for offences against the law of the Commonwealth. Section
69(3) of the Judiciary Act 1903 provides:
"Any person committed for trial for an offence against the laws of the Commonwealth may at any time within fourteen days after committal and before the jury 1s sworn apply to a Justice in Chambers or toa Judge of the Supreme Court of a State for the appointment of counsel for his defence. If it be found to the satisfaction of the Justice or Judge that such person is without adequate means to provide defence for himself, and that it is desirable in the interests of justice that such an appointment should be made, the Justice or Judge shall certify this to the
2.
Attorney-General, who may if he thinks fit thereupon cause arrangements to be made for the defence of the accused person. Upon committal the person committed shall be supplied with a copy of this sub-section."
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