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RICHARD ELGIN MCGARVIE AC - BIOGRAPHICAL

Born 1926 and brought up on his parents’ dairy farm at Pomborneit East in Victoria’s Western District.  Attended the local state school then Camperdown High School of which he was dux in 1942.  After two years’ farm work entered the wartime Australian Navy in 1944, training at HMAS Cerberus and serving on the destroyer, HMAS Arunta.  The war ended before he saw active service.  He served in Japan and was discharged as an Able Seaman in 1946.

Studied law at Melbourne University under the Commonwealth Reconstruction Training Scheme and graduated in 1950 winning the Supreme Court Prize for the top honours student of the year.  Joined the Victorian Bar in 1952 and became Queen’s Counsel in 1963 at the age of 37.  Did degree in Commerce and Economics part time at Melbourne University.  Chairman of the Victorian Bar Council 1973-5.  Treasurer of Law Council of Australia 1974-6.

Independent lecturer in law of contract Melbourne University 1957-63.  Joint author of first Australian contract casebook.  Chancellor of La Trobe University 1981-1992.

Joined Australian Labor Party in 1949.  Took a leading part in the formation and operation of the Participants organisation which worked to overthrow the extremist and electorally unpopular Victorian Central Executive:  was Secretary of Participants.  Resigned from the ALP in 1970 sending a detailed letter given wide publicity calling on the Federal Executive to intervene and dismiss the Victorian Executive, which it did within months.  This made possible the Whitlam election victory in 1972.

Appointed on the decision of the Hamer Liberal Government to the Supreme Court of Victoria in 1976.  Followed the usual practice and resigned from the ALP on the day of appointment (having been readmitted) and has had no association with any political party since.  Served as Judge until appointed Governor of Victoria in 1992 on the choice of Labor Premier, Joan Kirner.  Served as Governor for five years to 23 April 1997.

Foundation Chairman of National Discrimination Committee 1973-6.  Led Amnesty International Mission to Indonesia in 1975.  Involved in bringing the Australian Institute of Judicial Administration into active operation as Deputy Chairman and Chairman 1980-6.  Led Australian Delegation on Criminal Law and Procedure to China in 1982.  Member of Constitutional Commission’s Advisory Committee on Australian Judicial System 1985-1987.  His paper to Supreme Court and Federal Court Judges in January 1992 led to the formation of the Judicial Conference of Australia.  Author of the McGarvie model for a republican equivalent of our present system of democracy.

An appointed delegate to Constitutional Convention on Republic, February 1998.

Written on law, judicial independence, modern Australian governorship, and education in citizenship and ethics.  Author of the book, Democracy: choosing Australia’s republic, published by Melbourne University Press in September 1999, which describes how the constitutional responsibilities of the Governor-General and Governors are performed, predicts and explains why the 1999 referendum would fail, and shows how the republic issue can now be resolved safely for our democracy and federation.  His papers on internet at http://www.chilli.net.au/~mcgarvie cover these subjects.

Married Lesley Kerr, musician, in 1953 and they have 4 children and 7 grandchildren.

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