Virginia Bell (judge): Difference between revisions

 

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On 26 August 2022, Prime Minister [[Anthony Albanese]] and Attorney-General [[Mark Dreyfus]] announced that the government had appointed Bell “to lead an inquiry into the appointment of former Prime Minister, the Hon [[Scott Morrison]] MP, to administer departments other than the [[Department of the Prime Minister and Cabinet (Australia)|Department of the Prime Minister and Cabinet]] and related matters”.<ref>{{Cite web |last=Dreyfus |first=Mark |date=26 August 2022 |title=Establishment of Inquiry into the appointment of The Hon Scott Morrison MP to multiple departments |url=https://ministers.ag.gov.au/media-centre/establishment-inquiry-appointment-hon-scott-morrison-mp-multiple-departments-26-08-2022 |access-date=27 August 2022 |website=Attorney-General}}</ref> after Morrison had secretly appointed himself to five ministries without even his colleagues’ knowledge.<ref name=busch2026/><ref name=”p625″>{{cite web | last=Grattan | first=Michelle | title=Former High Court judge Virginia Bell to investigate Morrison’s secret ministries | website=theconversation.com | date=4 October 2023 | url=https://theconversation.com/former-high-court-judge-virginia-bell-to-investigate-morrisons-secret-ministries-189465 | archive-url=https://web.archive.org/web/20240421141943/https://theconversation.com/former-high-court-judge-virginia-bell-to-investigate-morrisons-secret-ministries-189465 | archive-date=21 April 2024 | url-status=dead | access-date=8 January 2026}}</ref> The report was published on 25 November.<ref>{{cite web|url=https://www.ministriesinquiry.gov.au/|last=Bell|first=Virginia|title=Report of the Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments|date=25 November 2022|access-date=25 November 2022|archive-date=20 October 2023|archive-url=https://web.archive.org/web/20231020004642/https://www.ministriesinquiry.gov.au/|url-status=dead}}</ref>

On 26 August 2022, Prime Minister [[Anthony Albanese]] and Attorney-General [[Mark Dreyfus]] announced that the government had appointed Bell “to lead an inquiry into the appointment of former Prime Minister, the Hon [[Scott Morrison]] MP, to administer departments other than the [[Department of the Prime Minister and Cabinet (Australia)|Department of the Prime Minister and Cabinet]] and related matters”.<ref>{{Cite web |last=Dreyfus |first=Mark |date=26 August 2022 |title=Establishment of Inquiry into the appointment of The Hon Scott Morrison MP to multiple departments |url=https://ministers.ag.gov.au/media-centre/establishment-inquiry-appointment-hon-scott-morrison-mp-multiple-departments-26-08-2022 |access-date=27 August 2022 |website=Attorney-General}}</ref> after Morrison had secretly appointed himself to five ministries without even his colleagues’ knowledge.<ref name=busch2026/><ref name=”p625″>{{cite web | last=Grattan | first=Michelle | title=Former High Court judge Virginia Bell to investigate Morrison’s secret ministries | website=theconversation.com | date=4 October 2023 | url=https://theconversation.com/former-high-court-judge-virginia-bell-to-investigate-morrisons-secret-ministries-189465 | archive-url=https://web.archive.org/web/20240421141943/https://theconversation.com/former-high-court-judge-virginia-bell-to-investigate-morrisons-secret-ministries-189465 | archive-date=21 April 2024 | url-status=dead | access-date=8 January 2026}}</ref> The report was published on 25 November.<ref>{{cite web|url=https://www.ministriesinquiry.gov.au/|last=Bell|first=Virginia|title=Report of the Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments|date=25 November 2022|access-date=25 November 2022|archive-date=20 October 2023|archive-url=https://web.archive.org/web/20231020004642/https://www.ministriesinquiry.gov.au/|url-status=dead}}</ref>

===Royal Commission into the Bondi Beach shootings===

===Royal Commission into ===

{{further|Royal Commission on Antisemitism and Social Cohesion}}

{{split}}

On 8 January 2026, Prime Minister [[Anthony Albanese]] announced a [[Royal Commission]] into [[antisemitism in Australia]] and social cohesion, following the [[2025 Bondi Beach shooting]], to be led by Bell.<ref>{{cite web | last1=Gould | first1=Courtney | last2=Armstrong | first2=Clare | title=Former High Court justice Virginia Bell to lead Bondi royal commission | website=ABC News | date=8 January 2026 | url=https://www.abc.net.au/news/2026-01-08/albanese-bell-royal-commission-antisemitism-bondi/106210052 | access-date=8 January 2026}}</ref> Its terms of reference and overall direction have been supported by the [[Executive Council of Australian Jewry]], the [[Zionist Federation of Australia]], and the [[Business Council of Australia]]. <ref name=jca>{{cite web | first=Jerome | last=Doraisamy | title=Virginia Bell’s experience ‘speaks for itself’: A-G, PM defend royal commission appointment | website=Lawyers Weekly | date=9 January 2026 | url=https://www.lawyersweekly.com.au/politics/43597-virginia-bell-s-experience-speaks-for-itself-a-g-pm-defend-royal-commission-appointment | archive-url=https://web.archive.org/web/20260110021247/https://www.lawyersweekly.com.au/politics/43597-virginia-bell-s-experience-speaks-for-itself-a-g-pm-defend-royal-commission-appointment | archive-date=10 January 2026 | url-status=live | access-date=10 January 2026}}</ref>

On 8 January 2026, Prime Minister [[Anthony Albanese]] announced a [[Royal Commission ]] following the [[2025 Bondi Beach shooting]], to be led by Bell.<ref>{{cite web | last1=Gould | first1=Courtney | last2=Armstrong | first2=Clare | title=Former High Court justice Virginia Bell to lead Bondi royal commission | website=ABC News | date=8 January 2026 | url=https://www.abc.net.au/news/2026-01-08/albanese-bell-royal-commission-antisemitism-bondi/106210052 | access-date=8 January 2026}}</ref> Its terms of reference and overall direction have been supported by the [[Executive Council of Australian Jewry]], the [[Zionist Federation of Australia]], and the [[Business Council of Australia]]. <ref name=jca>{{cite web | first=Jerome | last=Doraisamy | title=Virginia Bell’s experience ‘speaks for itself’: A-G, PM defend royal commission appointment | website=Lawyers Weekly | date=9 January 2026 | url=https://www.lawyersweekly.com.au/politics/43597-virginia-bell-s-experience-speaks-for-itself-a-g-pm-defend-royal-commission-appointment | archive-url=https://web.archive.org/web/20260110021247/https://www.lawyersweekly.com.au/politics/43597-virginia-bell-s-experience-speaks-for-itself-a-g-pm-defend-royal-commission-appointment | archive-date=10 January 2026 | url-status=live | access-date=10 January 2026}}</ref>

While various mainstream media have reported that some [[Jewish Australian]]s wanted a commissioner whom they saw may be more sympathetic to anti-Semitism concerns, and Liberal politician [[Josh Frydenberg]] expressed his disagreement with the choice, the [[Law Council of Australia]], which had advocated for the establishment of the Royal Commission, expressed appreciation for her appointment. LCA president Tania Wolff said that she is “an eminent Australian jurist”, and that “the conduct of royal commissions are governed by clear and well-established legal principles… In Australia, judges decide matters impartially and independently, by applying the law to the evidence before them. They do not act on personal views, political considerations, or public pressure”. Attorney-General [[Michelle Rowland]] said “Her experience speaks for itself”.<ref name=jca/>

While various mainstream media have reported that some [[Jewish Australian]]s wanted a commissioner whom they saw may be more sympathetic to anti-Semitism concerns, and Liberal politician [[Josh Frydenberg]] expressed his disagreement with the choice, the [[Law Council of Australia]], which had advocated for the establishment of the Royal Commission, expressed appreciation for her appointment. LCA president Tania Wolff said that she is “an eminent Australian jurist”, and that “the conduct of royal commissions are governed by clear and well-established legal principles… In Australia, judges decide matters impartially and independently, by applying the law to the evidence before them. They do not act on personal views, political considerations, or public pressure”. Attorney-General [[Michelle Rowland]] said “Her experience speaks for itself”.<ref name=jca/>

Australian judge

Virginia Margaret Bell (born 7 March 1951) is a retired Australian judge. She is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. She was sworn in on 3 February 2009, and retired on 28 February 2021.

Previously a public defender, she assisted in the Wood Royal Commission into the New South Wales Police Service from 1995 until 1999. She was appointed a judge of the Supreme Court of New South Wales in 1999, before being appointed to the High Court. After her retirement, in 2022, she led an inquiry into former prime minister Scott Morrison’s self-appointment to several ministerial positions. In 2026, Prime Minister Albanese selected her to lead a Royal Commission into antisemitism in Australia and social cohesion, following the 2025 Bondi Beach shooting.

Virginia Margaret Bell was born on 7 March 1951^[1] in Sydney, New South Wales,^[2] the daughter of a naval captain. As a child, she lived for some years at the Garden Island naval base in Sydney.^[3]

Bell was educated at SCEGGS Darlinghurst before attending the University of Sydney, where she graduated in law in 1976.^[4]

Bell was admitted as a solicitor of New South Wales in 1977 and worked as a solicitor at the Redfern Legal Centre in Sydney from 1978 to 1984.^[1]

On 20 December 1984,^[2] Bell was called to the NSW bar joining Frederick Jordan Chambers. Bell was appointed a public defender in 1986, returning to private practice in late 1989.^[1][2] During her time as public defender, she worked part-time as a commissioner on the Law Reform Commission of New South Wales.^[5]

She was one of the counsel assisting the Wood Royal Commission into the New South Wales Police Service between 1994 and 1997.^[3][1] On 6 November 1997, she was appointed Senior Counsel.^[1][2]

On 25 March 1999, Bell was sworn in as a judge of the Supreme Court of New South Wales.^[2] She was elevated to the Court of Appeal of that court in early 2008, resigning on 19 December 2008 in order to be appointed to the High Court of Australia.^[1]

During her time on the Supreme Court, she presided over a defamation case brought by Rene Rivkin, holding that allegations of homosexuality were no longer defamatory at common law.^[6][2]

In December 2008, Attorney-General Robert McClelland announced that Bell would succeed Michael Kirby on the High Court.^[7] She was sworn in on 3 February 2009.^[8] She was the 48th person and the fourth woman appointed to the High Court since the federation of Australia in 1901.^[9]

Bell retired on 28 February 2021.^[10][11]

As a young woman, Bell was a prominent advocate of prison reform, and a member of the group Women Behind Bars.^[5]

She is a lover of theatre, and known for her sense of humour. Under the stage name “Ginger de Winter”, she was barrel-spinner on television game shows, and was president of the “Australian Barrel Girls Association”.^[5]

Between 1982 and 1984, Bell was a member of the Board of Governors of the Law Foundation.^[1] From 1998 to 1999, she served as a part-time Commissioner of the Law Reform Commission of New South Wales.^[1]

From 2007 to 2008, Bell was president of the Australasian Institute of Judicial Administration,^[12][1] a research and educational institute founded in 1976. Funded by both Australian and New Zealand governments as well as subscription payments by members, the institute’s aims include research into judicial administration and the provision of educational programmes about court administration and judicial systems, for people working within these systems.^[13]

She also served as chair of the University of Wollongong Law Faculty Advisory Committee from 2007 to 2008.^[1]

She briefly hosted the ABC Radio National program Late Night Live in 1990.^[14][3]

She was patron of the Rose Scott Women Writers’ Festival for some years.^[10]

Bell has been called upon to give a number of addresses and lectures during her time at the High Court, the transcripts of which are available online.^[15] These include:

• 2013: “Section 80 – The Great Constitutional Tautology”, for The Lucinda Lecture, Monash University^[15]
• 2014: Tristan Jepson Memorial Foundation Lecture, honouring Tristan Jepson, a law graduate and comedic actor and writer who suicided aged 26 in 2004^[15][16]
• 2015: “Magna Carta – Resonances in the Common Law of Australia”, Spring Conversazione, Melbourne^[15]
• 2016: “Equality, Proportionality and Dignity: The Guiding Principles for a Just Legal System”, the Sir Ninian Stephen Lecture, University of Newcastle Conservatorium Concert Hall, Newcastle, New South Wales^[15]
• 2017: “Examining The Judge”, speech at the launch of volume 40 of the University of New South Wales Law Journal^[15]
• 2018: Criminal Law Stream, Australian Bar Association & New South Wales Bar Association National Conference
• 2019: The Sir James Martin Oration, honouring SirJames Martin, who was premier of the Colony of New South Wales three times before becoming the fourth Chief Justice^[15]

On 26 August 2022, Prime Minister Anthony Albanese and Attorney-General Mark Dreyfus announced that the government had appointed Bell “to lead an inquiry into the appointment of former Prime Minister, the Hon Scott Morrison MP, to administer departments other than the Department of the Prime Minister and Cabinet and related matters”.^[17] after Morrison had secretly appointed himself to five ministries without even his colleagues’ knowledge.^[3][18] The report was published on 25 November.^[19]

On 8 January 2026, Prime Minister Anthony Albanese announced a Royal Commission on Antisemitism and Social Cohesion,^[20] following the 2025 Bondi Beach shooting, to be led by Bell.^[21] Its terms of reference and overall direction have been supported by the Executive Council of Australian Jewry, the Zionist Federation of Australia, and the Business Council of Australia. ^[22]

While various mainstream media have reported that some Jewish Australians wanted a commissioner whom they saw may be more sympathetic to anti-Semitism concerns, and Liberal politician Josh Frydenberg expressed his disagreement with the choice, the Law Council of Australia, which had advocated for the establishment of the Royal Commission, expressed appreciation for her appointment. LCA president Tania Wolff said that she is “an eminent Australian jurist”, and that “the conduct of royal commissions are governed by clear and well-established legal principles… In Australia, judges decide matters impartially and independently, by applying the law to the evidence before them. They do not act on personal views, political considerations, or public pressure”. Attorney-General Michelle Rowland said “Her experience speaks for itself”.^[22]

On 26 January 2012, Bell was appointed a Companion of the Order of Australia for “eminent service to the judiciary and to the law through leadership in criminal law reform and public policy development, to judicial administration, and as an advocate for the economically and socially disadvantaged”.^[23][2]

She received honorary degrees from the University of Wollongong and the University of Sydney.^[2]

On her appointment to the High Court, Australian Law Reform Commission president David Weisbrot opined that Bell would be a “progressive” jurist in the tradition of Michael Kirby.^[24] Kate Hannon wrote in The Sydney Morning Herald that her appointment was “welcomed as redressing a lack of criminal law expertise on the bench of Australia’s superior court, and as going some way towards correcting the gender imbalance”.^[7] Commentator Natasha Stojanovich noted the “disproportionate media focus on Justice Bell’s gender and commitment to social justice sadly distract from the strong merit of her appointment”.^[6]

Jeremy Gans, a Melbourne Law School professor, wrote in 2018 that Bell’s partnership with Susan Kiefel and Patrick Keane was “the most powerful bloc of judges in the court’s history”. Gans found that the three justices had been in agreement in 88 percent of the 116 cases where they had sat together.^[25]

As of 2009 Bell was living in inner Sydney with her partner, a barrister.^[26][27]

She has long been involved in the LGBT and human rights issues, participating in the first Mardi Gras LGBT rights rally in Sydney in 1978, which was broken up by police.^[28]