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{{Short description|Australian judge}}
{{Use dmy dates|date=May 2016}}
{{Use Australian English|date=May 2016}}
{{Infobox military person
{{Infobox military person
|name= Len Roberts-Smith
| honorific_prefix = [The Honourable]
| name = Leonard William Roberts-Smith
|image= Len Roberts-Smith.jpg
|image_size=
| honorific_suffix = [[Reserve Force Decoration|RFD]], [[Queen's Counsel|QC]]
|alt=
| native_name =
|caption=
| native_name_lang =
|nickname=
| image =
|birth_date= {{birth date and age|1946|10|25|df=yes}}
| image_size =
|birth_place= [[Adelaide]], [[South Australia]]
| alt =
|death_date=
| caption =
|death_place=
| birth_date = <!-- {{Birth date|YYYY|MM|DD}} --> 1946
|placeofburial=
| death_date = <!-- {{Death date and age|YYYY|MM|DD|YYYY|MM|DD}} -->
|allegiance= Australia
| birth_place =
|branch= [[Australian Army Reserve]]
| death_place =
|serviceyears = 1964–2007
| placeofburial =
|rank= [[Major general (Australia)|Major General]]
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| placeofburial_coordinates = <!-- {{Coord|LAT|LONG|display=inline,title}} -->
|unit=
| nickname =
|commands= [[Judge Advocate General (Australia)|Judge Advocate General]]
| birth_name =
|battles=
| allegiance = {{flag|Australia}}
|awards= [[Order of Saint John (chartered 1888)|Commander of the Order of St John]]<br/>[[Reserve Force Decoration]]
| branch = [[Australian Army Reserve]]
|children= [[Ben Roberts-Smith]]<br/>[[Sam Roberts-Smith]]
| serviceyears = 1964–2007
|laterwork= Justice of the [[Supreme Court of Western Australia]]; Court of Appeal Judge
| rank = [[Major General (Australia)|Major General]]
| servicenumber =
| unit =
| commands = Judge Advocate General of the [[Australian Defence Force|ADF]]
| battles =
| battles_label =
| awards = [[Reserve Force Decoration]]
| relations =
| laterwork = Justice of the Supreme Court ; Court of Appeal Judge
| signature =
| website = <!-- {{URL|example.com}} -->
}}
}}
The Honourable '''Leonard William Roberts-Smith''' [[Reserve Force Decoration|RFD]] [[Queen's Counsel|QC]] (born 1946) is a former Justice of the [[Supreme Court of Western Australia]], which is the [[Australian court hierarchy|highest ranking court]] in the [[Australia]]n [[States and territories of Australia|State]] of [[Western Australia]] (WA). From February 2005, he was one of the inaugural Judges of the Court of Appeal Division, having been first appointed to the Supreme Court on 6 November 2000. From May 2007 he served as Commissioner of the [[Corruption and Crime Commission]] of Western Australia, having been appointed for a five-year term.<ref name=CCC>{{cite web |title= About the CCC – The Commissioner |url= http://www.ccc.wa.gov.au/AboutCCC/Commissioner/Pages/default.aspx |work= [[Corruption and Crime Commission]] of Western Australia |publisher= [[Government of Western Australia]] |date = 2011 |accessdate= 24 January 2011}}</ref> He retired on 31 January 2011.
[[Major general (Australia)|Major General]] '''Leonard William Roberts-Smith''', {{postnominals|country=AUS|size=100|sep=,|RFD|KC}} (born 25 October 1946)<ref>{{Cite news|newspaper=[[The Southern Cross (South Australia)|The Southern Cross]]|location=Adelaide, South Australia|date=8 November 1946|title=Family Notices Birth Notice|page=14|url=https://trove.nla.gov.au/newspaper/article/167713046|via=[[Trove]]}}</ref> is a former Justice of the [[Supreme Court of Western Australia]]. From February 2005, he was one of the inaugural Judges of the Court of Appeal Division, having been first appointed to the [[Supreme Court of Western Australia|Supreme Court]] on 6 November 2000. From May 2007, he served as Commissioner of the [[Corruption and Crime Commission]] of Western Australia, having been appointed for a five-year term.<ref name=CCC>{{cite web |title= About the CCC – The Commissioner |url= http://www.ccc.wa.gov.au/AboutCCC/Commissioner/Pages/default.aspx |work= [[Corruption and Crime Commission]] of Western Australia |publisher= [[Government of Western Australia]]|date= 2011 |accessdate= 24 January 2011 |archive-url= https://web.archive.org/web/20110218125455/http://www.ccc.wa.gov.au/AboutCCC/Commissioner/Pages/default.aspx |archive-date= 18 February 2011 |url-status= dead |df= dmy-all }}</ref> He retired on 31 January 2011.


==Early life and family==
==Background==
Len Roberts-Smith was educated at [[Saint Ignatius' College, Adelaide]], and graduated in law from the [[University of Adelaide]] in 1969.
Born in [[Adelaide]], South Australia, on 25 October 1946 to Doreen Roberts and Norman Smith,<ref>{{Cite news|newspaper=[[The Southern Cross (South Australia)|The Southern Cross]]|location=Adelaide, South Australia|date=25 May 1945|title=At the Altar|page=9|url=https://trove.nla.gov.au/newspaper/article/167784704|via=[[Trove]]}}</ref> Roberts-Smith was educated at [[Saint Ignatius' College, Adelaide]], and graduated in law from the [[University of Adelaide]] in 1969. Roberts-Smith and his wife Sue have two sons, [[Ben Roberts-Smith|Ben]] and [[Sam Roberts-Smith|Sam]].

He and his wife Sue have two sons, Ben and Sam.
*Corporal [[Ben Roberts-Smith]] (born 1978) became Australia's most highly decorated current serving soldier when he was awarded the [[Victoria Cross for Australia]] on 23 January 2011 for most conspicuous gallantry in action in circumstances of extreme peril on 11 June 2010, during the [[Shah Wali Kot Offensive]] in Afghanistan.<ref name=Citation>{{cite web | title=Corporal Benjamin Roberts-Smith, VC, MG
| url=http://www.defence.gov.au/special_events/Roberts-Smith/index.htm
| work=Citation – Victoria Cross for Australia | publisher=Department of Defence, [[Commonwealth of Australia]]
| date = 23 January 2011 | accessdate=23 January 2011}}</ref><ref name=SMH>{{cite news
| last=AAP | title=SAS digger awarded VC for taking on Taliban
| url=http://www.smh.com.au/national/sas-digger-awarded-vc-for-taking-on-taliban-20110123-1a0zd.html
| accessdate=23 January 2011 | newspaper=[[The Sydney Morning Herald]] | date=23 January 2010
| publisher=[[Fairfax Media]]}}</ref><ref>{{cite news | author1=Cowan, Sean | author2=Taylor, Nick
| title=WA digger awarded VC medal | url=http://au.news.yahoo.com/thewest/a/-/wa/8693473/wa-digger-awarded-vc-medal/
| accessdate=22 January 2011 | newspaper=[[The West Australian]] | date=22 January 2011
| publisher=[[West Australian Newspapers]]}}</ref> Ben was previously awarded the Medal for Gallantry.
*Sam (born 1985) is currently a member of the Moffatt Oxenbould Young Artist Program with [[Opera Australia]], having graduated from the [[Western Australian Academy of Performing Arts]] with both a Bachelor of Music and GradDip Opera. In 2009 Sam won the prestigious [[Australian Singing Competition]].


==Legal career==
==Legal career==
After graduating, Len Roberts-Smith went to Papua New Guinea in 1970, where he held various positions in the Crown Law Department, ultimately becoming Chief Crown Prosecutor. On Independence in 1975, he became the first Public Prosecutor under the new Constitution. As Public Prosecutor, he had responsibility for all criminal prosecutions throughout the country. He returned to [[South Australia]] in 1976 and became a Stipendiary Magistrate. In 1978, he was appointed the foundation Director of the Legal Aid Commission of Western Australia and held this position for 11 years. In February 1989, he returned to private practice, as a barrister, and in December 1989 was appointed a [[Queen's Counsel]].
After graduating, Roberts-Smith went to [[Papua New Guinea]] in 1970, where he held various positions in the Crown Law Department, ultimately becoming Chief Crown Prosecutor.<ref name=APCML /> On [[Papua New Guinea Independence Act 1975|Independence in 1975]], he became the first public prosecutor under the new Constitution. As [[public prosecutor]], he had responsibility for all criminal prosecutions throughout the country. He returned to [[South Australia]] in 1976 and became a stipendiary magistrate. In 1978, he was appointed the foundation director of the [[Legal Aid Commission]] of Western Australia and held this position for 11 years. In February 1989, he returned to private practice, as a [[barrister]], and was appointed a [[Queen's Counsel]] in December 1989.<ref name=APCML />


Len Roberts-Smith held numerous prominent community positions. He was a former Chairman of the Citizens' Advice Bureau of WA (Inc), Chairman of the State Advisory Panel for Translators and Interpreters, and the President of the Civil Rehabilitation Council of WA (Inc) from 1980 to 1982. He chaired the State Government Committee of Review into the Administration of Criminal Justice in Queensland in 1993, which reported in September that year. He was Counsel to the WA Parliamentary Committee on Delegated Legislation from 1989 to 1998. In 1989 he was appointed Deputy President, and in 2000, President of the Equal Opportunity Commission of Western Australia. <ref name=CCC/>
Roberts-Smith held numerous prominent community positions. He was a former chairman of the Citizens' Advice Bureau of WA (Inc), chairman of the State Advisory Panel for Translators and Interpreters, and the president of the Civil Rehabilitation Council of WA (Inc) from 1980 to 1982. He chaired the State Government Committee of Review into the Administration of Criminal Justice in Queensland in 1993, which reported in September that year. He was counsel to the WA Parliamentary Committee on Delegated Legislation from 1989 to 1998. In 1989, he was appointed deputy president, and in 2000, president of the Equal Opportunity Commission of Western Australia.<ref name=CCC/>


Len Roberts-Smith has been an accredited Australian Advocacy Institute teacher since 1992 and was a member of the Legal Practice Board of WA between 1989 and 2000. Between 1992 and 2000, he was Deputy Chairman of the Legal Practitioners Complaints Committee. From 1999 to 2000, he was Chair of the Murdoch University Board of Discipline, before resigning upon his appointment to the Bench. In 2002, prior to his appointment to the Bench, he conducted a Ministerial Review into the Western Australia Witness Protection Program and the death of a protected witness.
Roberts-Smith has been an accredited Australian Advocacy Institute teacher since 1992 and was a member of the Legal Practice Board of WA between 1989 and 2000. Between 1992 and 2000, he was deputy chairman of the Legal Practitioners Complaints Committee. From 1999 to 2000, he was chair of the [[Murdoch University]] Board of Discipline, before resigning upon his appointment to the Bench. In 2002, prior to his appointment to the Bench, he conducted a Ministerial Review into the Western Australia Witness Protection Program and the death of a protected witness.


==Military career==
Len Roberts-Smith joined the Australian Army Reserve in 1964, being commissioned as a Second Lieutenant (Royal Australian Infantry) in 1969. When he moved to Port Moresby in 1970, Len Roberts-Smith transferred to the Australian Army Legal Corps as a reservist with the rank of Captain. During his time in Papua New Guinea he was promoted to Major. In 1985 he was appointed as a Judge Advocate and a Defence Force Magistrate. He was promoted Lieutenant Colonel in 1986 and Colonel in June 1994.<ref>Biographical Details; APCML Conference 20–22 Feb 02 – ADF Contributions to International & Operations Law</ref> On 6 June 2002, Len Roberts-Smith was appointed Judge Advocate General (JAG) of the [[Australian Defence Force]] and was promoted to Major General, having been acting in the position since 3 October 2001. As JAG, Len Roberts-Smith was responsible for reporting annually to Parliament on the operation of the ''Defence Force Discipline Act 1982'' and any other Commonwealth or Australian Capital Territory law relating to the discipline of the Defence Force. He was also responsible for making procedural rules for Service tribunals, providing the final legal review of proceedings with the Defence Force, participating in the appointment of Judge Advocates, Defence Force Magistrates, Presidents and members of the courts martial. His appointment to the substantive position was for a three-year term He was the first Western Australian to serve in the role. In 2005, he was reappointed by the [[Governor General of Australia]] for a further two years.<ref name=CCC/>
Roberts-Smith joined the Australian Army Reserve in 1964, being commissioned as a second lieutenant (Royal Australian Infantry) in 1969. When he moved to Port Moresby in 1970, Roberts-Smith transferred to the Australian Army Legal Corps as a reservist with the rank of captain. During his time in Papua New Guinea, he was promoted to major. In 1985, he was appointed as a judge advocate and a defence force magistrate. He was promoted to lieutenant colonel in 1986 and colonel in June 1994.<ref name=APCML>{{cite conference|archive-url=https://web.archive.org/web/20110216061156/http://www.apcml.org/latest_news/pushing_the_envelope/bio_len_roberts_smith.doc|archive-date=2011-02-16|url=http://www.apcml.org/latest_news/pushing_the_envelope/bio_len_roberts_smith.doc|url-status=dead|title=Biographical Details: The Hon Justice Leonard William Roberts-Smith, RFD|conference=Asia-Pacific Centre for Military Law conference 20–22 February 2002|publisher=ADF Contributions to International & Operations Law|type=Microsoft Word file}}</ref> On 6 June 2002, Roberts-Smith was appointed [[Judge Advocate General (Australia)|Judge Advocate General]] (JAG) of the [[Australian Defence Force]] and was promoted to major general, having been acting in the position since 3 October 2001. As JAG, Roberts-Smith was responsible for reporting annually to Parliament on the operation of the ''Defence Force Discipline Act 1982'' and any other Commonwealth or Australian Capital Territory law relating to the discipline of the Defence Force. He was also responsible for making procedural rules for Service tribunals, providing the final legal review of proceedings with the Defence Force, and participating in the appointment of Judge Advocates, Defence Force Magistrates, Presidents and members of the courts martial. His appointment to the substantive position was for a three-year term. In 2005, he was reappointed by the [[Governor-General of Australia]] for a further two years.<ref>[https://www.supremecourt.wa.gov.au/_files/Media_Alert_5_December_2005.pdf JAG Appointment – Media statement], 5 December 2005, Supreme Court of Western Australia</ref>


On 26 November 2012 the Australian Government Minister for Defence, Stephen Smith MP, announced that Len Roberts-Smith had been appointed Chair of an independent Defence Abuse Response Taskforce (the Taskforce), to deal with individual complaints of sexual and other abuse in the Australian Defence Force, some going back decades. The Taskforce is assessing each individual allegation of abuse in Defence that occurred prior to April 2011. The Taskforce is working with those who have made allegations to determine an appropriate response in individual cases, which may include:
On 26 November 2012 the Australian Government Minister for Defence, [[Stephen Smith (Australian politician)|Stephen Smith]], announced that Roberts-Smith had been appointed chair of an independent [[Defence Abuse Response Taskforce]] (DART), to deal with individual complaints of sexual and other abuse in the Australian Defence Force.
<ref>The Weekend West November 27 – 28 2012 ; The Australian Financial Review 27 November 2012; The Australian, November 27 2012</ref>{{full|date=June 2014|reason=Editor who added the information in the original edit only listed the newspapers of the day, no references to articles or anything specific}}
* a referral to counselling
* a Reparation Payment of up to $50,000
* referral of appropriate matters to police or military justice authorities for formal criminal investigation and assessment for prosecution
* referral to the Chief of the Defence Force for administrative action, and
* possible restorative engagement, including apologies from appropriate senior Defence officers.<ref name="Defence Abuse Response Taskforce"> [http://www.defenceabusetaskforce.gov.au Defence Abuse Response Taskforce].</ref>
Len Roberts-Smith completed his term as Chair of the Defence Abuse Response Taskforce on 30 November 2014.[[http://wwwdefenceabuseresponsetaskforce.gov.au/Pages/default.aspx]].

==Honours and Awards==
<center>
[[File:Australian Service Medal 1945-1975 ribbon.png|100px]]
[[File:Reserve Force Decoration (Australia) ribbon.png|100px]]
[[File:Australian Defence Medal (Australia) ribbon.png|100px]]
</center>

{| class="wikitable"
|-
|[[File:Australian Service Medal 1945-1975 ribbon.png|80px]] || [[Australian Service Medal 1945–1975]] ||
|-
|[[File:Reserve Force Decoration (Australia) ribbon.png|80px]] || [[Reserve Force Decoration]] (RFD) with Federation Star || for 40 plus years service
|-
|[[File:Australian Defence Medal (Australia) ribbon.png|80px]] || [[Australian Defence Medal]] ||
|}


==See also==
==See also==
Line 93: Line 50:


==Further reading==
==Further reading==
*''Len Roberts-Smith QC : administrative reformer and legal gladiator''. Brief, Dec. 2000, p.27.
*{{cite journal|title=Len Roberts-Smith QC: administrative reformer and legal gladiator|journal=Brief|location=Perth, Western Australia|publisher=Law Society of Western Australia|date=December 2000|page=27}}


{{Authority control}}
==External links==
* [http://www.apcml.org/latest_news/pushing_the_envelope/bio_len_roberts_smith.doc Biographical Details] (Asia-Pacific Centre for Military Law)
* [http://www.supremecourt.wa.gov.au/content/news/media/2005/default.aspx Media Statement, 5 December 2005] (Supreme Court of Western Australia)
* [http://www.defence.gov.au/jag/jag.htm Judge Advocate General] (Department of Defence)


{{DEFAULTSORT:Roberts-Smith, Len}}
{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->
[[Category:1946 births]]
| NAME =Robertssmith, Len
[[Category:Living people]]
| ALTERNATIVE NAMES =
[[Category:Military personnel from South Australia]]
| SHORT DESCRIPTION = Australian judge
[[Category:Australian expatriates in Papua New Guinea]]
| DATE OF BIRTH = 1945
[[Category:Adelaide Law School alumni]]
| PLACE OF BIRTH =
[[Category:Lawyers from Adelaide]]
| DATE OF DEATH =
| PLACE OF DEATH =
}}
{{DEFAULTSORT:Robertssmith, Len}}
[[Category:1945 births]]
[[Category:Australian Army officers]]
[[Category:Australian generals]]
[[Category:Australian generals]]
[[Category:Australian Queen's Counsel]]
[[Category:Australian King's Counsel]]
[[Category:Judges of the Supreme Court of Western Australia]]
[[Category:Judges of the Supreme Court of Western Australia]]
[[Category:Living people]]
[[Category:21st-century Australian judges]]
[[Category:People educated at Hale School]]
[[Category:People educated at Saint Ignatius' College, Adelaide]]
[[Category:Recipients of the Reserve Force Decoration]]

Latest revision as of 13:00, 13 December 2024

Len Roberts-Smith
Born (1946-10-25) 25 October 1946 (age 78)
Adelaide, South Australia
AllegianceAustralia
Service / branchAustralian Army Reserve
Years of service1964–2007
RankMajor General
CommandsJudge Advocate General
AwardsCommander of the Order of St John
Reserve Force Decoration
ChildrenBen Roberts-Smith
Sam Roberts-Smith
Other workJustice of the Supreme Court of Western Australia; Court of Appeal Judge

Major General Leonard William Roberts-Smith, RFD, KC (born 25 October 1946)[1] is a former Justice of the Supreme Court of Western Australia. From February 2005, he was one of the inaugural Judges of the Court of Appeal Division, having been first appointed to the Supreme Court on 6 November 2000. From May 2007, he served as Commissioner of the Corruption and Crime Commission of Western Australia, having been appointed for a five-year term.[2] He retired on 31 January 2011.

Early life and family

[edit]

Born in Adelaide, South Australia, on 25 October 1946 to Doreen Roberts and Norman Smith,[3] Roberts-Smith was educated at Saint Ignatius' College, Adelaide, and graduated in law from the University of Adelaide in 1969. Roberts-Smith and his wife Sue have two sons, Ben and Sam.

[edit]

After graduating, Roberts-Smith went to Papua New Guinea in 1970, where he held various positions in the Crown Law Department, ultimately becoming Chief Crown Prosecutor.[4] On Independence in 1975, he became the first public prosecutor under the new Constitution. As public prosecutor, he had responsibility for all criminal prosecutions throughout the country. He returned to South Australia in 1976 and became a stipendiary magistrate. In 1978, he was appointed the foundation director of the Legal Aid Commission of Western Australia and held this position for 11 years. In February 1989, he returned to private practice, as a barrister, and was appointed a Queen's Counsel in December 1989.[4]

Roberts-Smith held numerous prominent community positions. He was a former chairman of the Citizens' Advice Bureau of WA (Inc), chairman of the State Advisory Panel for Translators and Interpreters, and the president of the Civil Rehabilitation Council of WA (Inc) from 1980 to 1982. He chaired the State Government Committee of Review into the Administration of Criminal Justice in Queensland in 1993, which reported in September that year. He was counsel to the WA Parliamentary Committee on Delegated Legislation from 1989 to 1998. In 1989, he was appointed deputy president, and in 2000, president of the Equal Opportunity Commission of Western Australia.[2]

Roberts-Smith has been an accredited Australian Advocacy Institute teacher since 1992 and was a member of the Legal Practice Board of WA between 1989 and 2000. Between 1992 and 2000, he was deputy chairman of the Legal Practitioners Complaints Committee. From 1999 to 2000, he was chair of the Murdoch University Board of Discipline, before resigning upon his appointment to the Bench. In 2002, prior to his appointment to the Bench, he conducted a Ministerial Review into the Western Australia Witness Protection Program and the death of a protected witness.

Military career

[edit]

Roberts-Smith joined the Australian Army Reserve in 1964, being commissioned as a second lieutenant (Royal Australian Infantry) in 1969. When he moved to Port Moresby in 1970, Roberts-Smith transferred to the Australian Army Legal Corps as a reservist with the rank of captain. During his time in Papua New Guinea, he was promoted to major. In 1985, he was appointed as a judge advocate and a defence force magistrate. He was promoted to lieutenant colonel in 1986 and colonel in June 1994.[4] On 6 June 2002, Roberts-Smith was appointed Judge Advocate General (JAG) of the Australian Defence Force and was promoted to major general, having been acting in the position since 3 October 2001. As JAG, Roberts-Smith was responsible for reporting annually to Parliament on the operation of the Defence Force Discipline Act 1982 and any other Commonwealth or Australian Capital Territory law relating to the discipline of the Defence Force. He was also responsible for making procedural rules for Service tribunals, providing the final legal review of proceedings with the Defence Force, and participating in the appointment of Judge Advocates, Defence Force Magistrates, Presidents and members of the courts martial. His appointment to the substantive position was for a three-year term. In 2005, he was reappointed by the Governor-General of Australia for a further two years.[5]

On 26 November 2012 the Australian Government Minister for Defence, Stephen Smith, announced that Roberts-Smith had been appointed chair of an independent Defence Abuse Response Taskforce (DART), to deal with individual complaints of sexual and other abuse in the Australian Defence Force.

See also

[edit]

References

[edit]
  1. ^ "Family Notices – Birth Notice". The Southern Cross. Adelaide, South Australia. 8 November 1946. p. 14 – via Trove.
  2. ^ a b "About the CCC – The Commissioner". Corruption and Crime Commission of Western Australia. Government of Western Australia. 2011. Archived from the original on 18 February 2011. Retrieved 24 January 2011.
  3. ^ "At the Altar". The Southern Cross. Adelaide, South Australia. 25 May 1945. p. 9 – via Trove.
  4. ^ a b c Biographical Details: The Hon Justice Leonard William Roberts-Smith, RFD. Asia-Pacific Centre for Military Law conference 20–22 February 2002 (Microsoft Word file). ADF Contributions to International & Operations Law. Archived from the original on 16 February 2011.
  5. ^ JAG Appointment – Media statement, 5 December 2005, Supreme Court of Western Australia

Further reading

[edit]
  • "Len Roberts-Smith QC: administrative reformer and legal gladiator". Brief. Perth, Western Australia: Law Society of Western Australia: 27. December 2000.