Duncan Kerr
Encyclopedia
Duncan James Colquhoun Kerr SC (born 26 February 1952) is an Australian Senior Counsel
and former politician.
Born in Hobart
, Tasmania
, Kerr was educated at the University of Tasmania
, where at one stage he was President of the Tasmania University Union
and has degrees in both law and social work. Kerr was the Labor candidate in the Division of Braddon
in the Australian federal election, 1977
, losing to future Premier of Tasmania Ray Groom
.
Kerr served in the Australian House of Representatives
as Member for Denison
from 11 July 1987 to 19 July 2010. Prior to entering politics, Kerr acted as Crown Counsel in the Tasmanian Solicitor-General's Department, as lecturer in constitutional law and Dean of the Faculty of Law at the University of Papua New Guinea
, and as Principal Solicitor for the NSW Aboriginal Legal Service.
Kerr served as Minister for Justice
from 1993 to 1996, and briefly as Attorney-General
in 1993. Prime Minister Paul Keating
's original choice for Attorney-General in 1993 had been Michael Lavarch
, but Lavarch's re-election was delayed by the death of an opposing candidate for the seat of Dickson
; Kerr held the portfolio in the interim until Lavarch won the resulting supplementary election. Kerr served as Attorney-General for 26 days.
Kerr was a member of the Opposition Shadow Ministry from 1996 to 2001. Following the 2001 election he considered a move to the Tasmanian state parliament; however, this did not proceed due to the desire of then-leader Simon Crean
and the party's central office to prevent a by-election
.
Another factor that worked against Kerr's move to Tasmanian state politics were media reports suggesting that he was about to replace Deputy Premier Paul Lennon. This was angrily denied by Premier Jim Bacon who threatened to resign if Lennon was forced to leave as Deputy Premier.
Prior to his appointment to the Rudd Ministry, Kerr was Co-Convenor of the Australian Parliamentary Group for Drug Law Reform, a cross-party group that advocates harm minimisation as being more effective, more cost-efficient and less harmful than zero-tolerance when it comes to dealing with drug use.
Kerr is the author of Annotated Constitution of Papua New Guinea (1985), Essays on the Constitution (1985), Reinventing Socialism (1992) and Elect the Ambassador; Building Democracy in a Globalised World (2001).
Kerr was leading Counsel in the High Court case Plaintiff S157 v The Commonwealth
. This important case, concerning the implications of privative clauses within the Migration Act 1958 (Cth), has been described as one of the most far-reaching and influential of the High Court's decisions on constitutional matters in the past 100 years (Crispin Hull, Canberra Times, High Court Centenary Issue). He was appointed a Senior Counsel
in 2003, and as Adjunct Professor of Law, Faculty of Law, Queensland University of Technology
in 2007. Kerr has acted as counsel in the High Court of Australia
, Federal Court of Australia
, Family Court of Australia
, Supreme Court of Tasmania
, District Court of New South Wales
, Supreme Court of New South Wales
, and the Supreme Court of Papua New Guinea
.
Kerr retired from politics at the 2010 election. On 14 December 2009 his appointment as Parliamentary Secretary for Pacific Island Affairs ceased. Upon Kerr's retirement, the previously-safe Labor seat of Denison was won by Andrew Wilkie
, an independent.
Kerr currently practices law from Michael Kirby Chambers, Hobart.
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
and former politician.
Born in Hobart
Hobart
Hobart is the state capital and most populous city of the Australian island state of Tasmania. Founded in 1804 as a penal colony,Hobart is Australia's second oldest capital city after Sydney. In 2009, the city had a greater area population of approximately 212,019. A resident of Hobart is known as...
, Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
, Kerr was educated at the University of Tasmania
University of Tasmania
The University of Tasmania is a medium-sized public Australian university based in Tasmania, Australia. Officially founded on 1 January 1890, it was the fourth university to be established in nineteenth-century Australia...
, where at one stage he was President of the Tasmania University Union
Tasmania University Union
The Tasmania University Union Inc is the students' union that represents tertiary students attending the University of Tasmania. Until 2007, it repreesented students only at the southern campus but with the cessation of the Student Association due to Voluntary Student Unionism it now encompasses...
and has degrees in both law and social work. Kerr was the Labor candidate in the Division of Braddon
Division of Braddon
The Division of Braddon is an Australian Electoral Division in Tasmania.The division was created in 1955 to replace the abolished Division of Darwin, and is named for Sir Edward Braddon, a Premier of Tasmania and one of Tasmania's five original federal MPs...
in the Australian federal election, 1977
Australian federal election, 1977
Federal elections were held in Australia on 10 December 1977. All 124 seats in the House of Representatives, and 34 of the 64 seats in the Senate, were up for election....
, losing to future Premier of Tasmania Ray Groom
Ray Groom
Raymond John "Ray" Groom, AO is a lawyer and former Australian sportsman and politician, representing the Liberal Party in the Federal Parliament 1975–84 and the Tasmanian Parliament 1986–2001. He was a Federal and state minister for a total of 13 years...
.
Kerr served in the Australian House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
as Member for Denison
Division of Denison
The Division of Denison is anAustralian Electoral Division in Tasmania.The division was created in 1903 and is named for Sir William Denison, who was Lt-Governor of Van Diemens Land 1847-55...
from 11 July 1987 to 19 July 2010. Prior to entering politics, Kerr acted as Crown Counsel in the Tasmanian Solicitor-General's Department, as lecturer in constitutional law and Dean of the Faculty of Law at the University of Papua New Guinea
University of Papua New Guinea
The University of Papua New Guinea was established by ordinance of the Australian administration in 1965. This followed the Currie Commission which had enquired into higher education in Papua New Guinea...
, and as Principal Solicitor for the NSW Aboriginal Legal Service.
Kerr served as Minister for Justice
Minister for Justice (Australia)
The Australian Minister for Justice is the Hon Brendan O'Connor MP. The position supports the Attorney-General. Michael Tate was appointed the first minister with this title on 18 September 1987 and there have ministers with responsibilities for justice ever since except between 3 December 2007...
from 1993 to 1996, and briefly as Attorney-General
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
in 1993. Prime Minister Paul Keating
Paul Keating
Paul John Keating was the 24th Prime Minister of Australia, serving from 1991 to 1996. Keating was elected as the federal Labor member for Blaxland in 1969 and came to prominence as the reformist treasurer of the Hawke Labor government, which came to power at the 1983 election...
's original choice for Attorney-General in 1993 had been Michael Lavarch
Michael Lavarch
Michael Hugh Lavarch is an Australian lawyer, educator and former politician. He was the Attorney-General of Australia between 1993 and 1996, and since 2004 has been Dean and Professor of Law at Queensland University of Technology , his alma mater.Lavarch commenced his legal career in Brisbane as...
, but Lavarch's re-election was delayed by the death of an opposing candidate for the seat of Dickson
Division of Dickson
The Division of Dickson is an Australian Electoral Division in Queensland, Australia. The division was formed in 1992 and is named after Sir James Dickson, a leading advocate in Australian Federation, Queensland Premier and Minister for Defence in first Australian Ministry. It is located in the...
; Kerr held the portfolio in the interim until Lavarch won the resulting supplementary election. Kerr served as Attorney-General for 26 days.
Kerr was a member of the Opposition Shadow Ministry from 1996 to 2001. Following the 2001 election he considered a move to the Tasmanian state parliament; however, this did not proceed due to the desire of then-leader Simon Crean
Simon Crean
Simon Findlay Crean is an Australian politician, and the current Minister for the Arts and Minister for Regional Australia, Regional Development and Local Government in the Australian Federal Government. He was leader of the Australian Labor Party and Leader of the Opposition at the Federal level,...
and the party's central office to prevent a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
.
Another factor that worked against Kerr's move to Tasmanian state politics were media reports suggesting that he was about to replace Deputy Premier Paul Lennon. This was angrily denied by Premier Jim Bacon who threatened to resign if Lennon was forced to leave as Deputy Premier.
Prior to his appointment to the Rudd Ministry, Kerr was Co-Convenor of the Australian Parliamentary Group for Drug Law Reform, a cross-party group that advocates harm minimisation as being more effective, more cost-efficient and less harmful than zero-tolerance when it comes to dealing with drug use.
Kerr is the author of Annotated Constitution of Papua New Guinea (1985), Essays on the Constitution (1985), Reinventing Socialism (1992) and Elect the Ambassador; Building Democracy in a Globalised World (2001).
Kerr was leading Counsel in the High Court case Plaintiff S157 v The Commonwealth
Plaintiff S157 v The Commonwealth
- Background :The plaintiff wished to challenge a decision of the Refugee Review Tribunal denying him a protection visa. Two sections of the Migration Act 1958 purported to deny him the right to appeal the decision. The plaintiff applied to the High Court, arguing that the relevant sections did...
. This important case, concerning the implications of privative clauses within the Migration Act 1958 (Cth), has been described as one of the most far-reaching and influential of the High Court's decisions on constitutional matters in the past 100 years (Crispin Hull, Canberra Times, High Court Centenary Issue). He was appointed a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
in 2003, and as Adjunct Professor of Law, Faculty of Law, Queensland University of Technology
Queensland University of Technology
Queensland University of Technology is an Australian university with an applied emphasis in courses and research. Based in Brisbane, it has 40,000 students, including 6,000 international students, over 4,000 staff members, and an annual budget of more than A$750 million.QUT is marketed as "A...
in 2007. Kerr has acted as counsel in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
, Family Court of Australia
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
, Supreme Court of Tasmania
Supreme Court of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, and is able to both receive appeals from lower courts, and able to be appealed from.The ordinary sittings of the...
, District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
, Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, and the Supreme Court of Papua New Guinea
Supreme Court of Papua New Guinea
The Supreme Court of Papua New Guinea has been the highest court of Papua New Guinea since 16 September 1975, replacing the pre-Independence Supreme Court and the overseas appellate tribunals from 1902 to 1975 of the High Court of Australia and the Judicial Committee of the Privy Council...
.
Kerr retired from politics at the 2010 election. On 14 December 2009 his appointment as Parliamentary Secretary for Pacific Island Affairs ceased. Upon Kerr's retirement, the previously-safe Labor seat of Denison was won by Andrew Wilkie
Andrew Wilkie
Andrew Damien Wilkie is an Australian politician and independent federal member for Denison...
, an independent.
Kerr currently practices law from Michael Kirby Chambers, Hobart.