Tasmania's Attorney-General Elise Archer says she chose members for a tribunal over candidates recommended by its selection panel because she wanted to preserve the tribunal's independence from politics.
The Tasmanian Civil and Administrative Tribunal (TASCAT) is a specialist tribunal which deals with dispute resolution. Its selection panel recommended 17 candidates for appointment in June this year.
Ms Archer rejected four of those candidates and appointed six others, according to Right to Information documents.
Ms Archer told the ABC she did so because some of the candidates the panel had recommended were "political advocates", who could be perceived as not being independent.
She denied any suggestion the candidates she appointed despite their failure to be selected by the panel were "political" appointments.
"It's not a political appointment — it's the very opposite," she said.
Ms Archer said she removed one of the successful candidates because they had previously worked in her office, "so that there wouldn't be any favouritism".
She said her intention was "to remove the political perception, to ensure that I'm not appointing people that are my favourites, but appointing people based on the fact that they had been through previous rounds [of the selection process] as well, had been interviewed and should be appointed".
"I couldn't understand why they hadn't been recommended for TASCAT, and so it was appropriate for me to make those appointments," she said.
"And I stand by those appointments. They're very good appointments."
The Right to Information documents also show TASCAT president Malcolm Schyvens requested an urgent meeting with Ms Archer because "your recommendations represent a significant divergence from the views of the appointed selection panel".
Ms Archer said she and Mr Schyvens subsequently met to discuss the appointments and that she had "total confidence" in him.
Mr Schyvens is currently overseas and declined to comment.
AG has 'serious questions to answer', Labor says
Lawyer Greg Barns SC said he had never seen a Tasmanian minister interfere with an independent appointment process before.
"It's extraordinary that the president of TASCAT should have to get an urgent meeting with the Attorney-General. That's unprecedented," he said.
"[Ms Archer's] view seems to be that a person who has been a critic of the government is not eligible for an appointment to an independent body.
"There is a history around this country of conservative governments refusing to appoint people with progressive views and this is just another example."
Mr Barns said Ms Archer should explain why she decided to go against the wishes of the panel.
"She had a transparent process created with an excellent panel [with] independent people," he said.
"There should be pressure placed on her to reveal why it was that she refused to accept the recommendations."
Shadow Attorney-General Ella Haddad said Ms Archer had "serious questions to answer".
"It is important the appointments to public bodies such as TASCAT are done transparently, and without any hint of political interference," she said in a statement.
"It seems strange for the Attorney to set up an arm's length recruitment panel only to ignore the majority of their recommendations.
"Actions like these erode public trust in our politicians, especially our Attorney-General who people have the right to expect would ensure all decision-making is conducted in a professional and impartial manner."
Tasmanian Labor MP Anita Dow agreed.
"Tasmanians expect the highest standards from their first-law officer... this should have been an independent process. It's an important statutory body that should be at arm’s length from government," she said.
"The Premier said he would lead a government with integrity. Well I ask the question — what's happened to that?"
