Ronald Wilson

Infobox Judge
name = Sir Ronald Wilson


caption =
order =
office = Puisne Justice of the High Court of Australia
term_start = 21 May 1979
term_end = 13 February 1989
appointer = Malcolm Fraser
predecessor = Sir Kenneth Jacobs
successor = Michael McHugh
birth_date = 23 August 1922
birth_place = Geraldton, Western Australia, Australia
death_date = 15 July 2005
death_place =

Sir Ronald Darling Wilson, AC, KBE, CMG, QC ( 23 August, 1922- 15 July, 2005) was a distinguished Australian lawyer, judge and social activist serving on the High Court of Australia between 1979 and 1989 and as the President of the Human Rights and Equal Opportunity Commission between 1990 and 1997.

Wilson is probably best known as the author with Mick Dodson of the "Bringing Them Home" report into the Stolen Generation published in 1997 which led to the creation of a "National Sorry Day" and a walk for Reconciliation across the Sydney Harbour Bridge in 2000 with 400,000 people participating. Wilson was also one of three judges sitting on the WA Inc Royal Commission in the early 1990s which eventually led to former Premier Brian Burke being jailed in March 1997.

Early life

Wilson was born in Geraldton, in Western Australia on 23 August, 1922. His early life was marked by sorrow and hardship. When he was four years old his mother died. At the age of seven his father suffered a stroke and spent the next five years in a hospice 300 miles from home. His older brother became a father figure to him and for years the family faced financial struggles. At the age of 14, these pressures forced Sir Ronald to leave school and he took his first job as a messenger with the Geraldton Local Court.

In World War II, Wilson elected to join the Royal Australian Air Force where he flew a Spitfire in defence of Britain.

Education

After World War II, Wilson enrolled in the University of Western Australia finishing with a law degree in 1949. He later completed a Master of Laws degree at the University of Pennsylvania in 1957.

Wilson was chancellor of Murdoch University between 1980 and 1995. The "Ronald Wilson Prize in Law" was first awarded at that university in 1993. It is awarded to the graduate who best combines distinguished academic performance in Law units with qualities of character, leadership and all-round contribution to the life of the university.

Early legal career

Wilson was admitted as a barrister and solicitor in 1951. He had a rapid rise in his legal career, becoming Crown Prosecutor for Western Australia in 1959, only eight years after starting work as a lawyer. In 1963, he was admitted as a
Queen's Counsel, the youngest ever in WA. As a prosecutor, Wilson earned the nickname of the "Avenging Angel".

In recent years, two men he had prosecuted for murder have had their convictions overturned: John Button, who was convicted in 1963 of the manslaughter of his girlfriend Rosemary Anderson and Darryl Beamish, convicted of the 1959 murder of Jillian Brewer. Perth serial killer, Eric Edgar Cooke, confessed to both offences before he was hanged for other murders, but was not believed by authorities. The convictions were eventually overturned in 2002.

In 1969, Wilson became the Solicitor-General of Western Australia. He served in that position for ten years working under both ALP and Liberal governments.

High Court Justice 1979-1989

The Fraser Government appointed Wilson to the High Court of Australia. He was the first member of the High Court from Western Australia. Wilson adopted a federalist position on the court.

In the "Koowarta v Bjelke-Petersen" case decided in 1982, Wilson was in the minority in holding that the external affairs power in the Australian constitution applied only to relationships outside Australia. The majority of the High Court found that the treaty need only apply to issues of clear international concern. The majority held the Federal Parliament had the power to pass the "Racial Discrimination Act 1975" as a result of Australia being a signatory to the Convention on the Elimination of All Forms of Racial Discrimination.

In "Commonwealth v Tasmania" decided in 1983, the external affairs power was again the central issue. The new Hawke Government had used the external affairs power as the basis for passing legislation preventing the Tasmanian Government from building a hydro-electric dam on the Franklin River. Wilson considered that the external affairs power did not give the Federal Parliament authority to pass such legislation as it could obtain power to pass any form of legislation it wished by simply entering into a treaty with another power. Chief Justice Harry Gibbs and Daryl Dawson were the other judges joining Wilson in the dissenting judgement.

Wilson retired from the High Court in 1989.

Commissioner 1990-1997

The Hawke Government appointed Wilson as the President of the Human Rights and Equal Opportunity Commission in 1990.Wilson and Mick Dodson, the Aboriginal Social Justice Commissioner, jointly lead the National Inquiry into the forced removal of Aboriginal children from their families and communities.

Wilson and Dodson visited every state in Australia over the 17-month duration of the Inquiry and heard testimony from 535 aboriginals with 600 more making submissions. Wilson wrote after the completion of the report: "In chairing the National Inquiry (...) I had to relate to hundreds of stories of personal devastation, pain and loss. It was a life-changing experience."

The Inquiry produced a report called "Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families" which was tabled in Federal Parliament. It found that Australia was in breach of international law, called for a national compensation fund and recommended a national "sorry day."

The report was welcomed by Aboriginal Australians but widely criticised by conservatives. Anthropologist Ron Brunton said the claims of genocide were an "embellishment." Prime Minister John Howard refused to issue an apology instead stating his regret. The Parliaments of NSW, Victoria and South Australia have passed motions apologising for the treatment as has the Northern Territory parliament. The first National Sorry Day was held in 1998 and attracted widespread participation while in 2000, 400,000 people walked across the Sydney Harbour Bridge in support of reconciliation.

Carmen Lawrence appointed Wilson as one of the three eminent jurists conducting the W.A. Inc Royal Commission. The Royal Commission was chaired by Geoffrey Kennedy and the third member was Peter Brinsden. In its 1992 report, the Royal Commission said "The commission has found conduct and practices on the part of certain persons involved in government in the period 1983 to 1989 such as to place our government system at risk." It was particularly critical of the behaviour of former Premier Brian Burke who was subsequently convicted for two years on charges of fraudulent behavior in 1994.

Church and social leadership

Throughout his life, Wilson was an active participant in first the Presbyterian Church of Australia and then the Uniting Church, formed after the union of many congregations of the Presbyterian Church of Australia, Methodist Church of Australasia and Congregational Union of Australia into one denomination. He held a range of senior positions in the Church including:
*Moderator of Assembly, Presbyterian Church in Western Australia (1965)
*Moderator, WA Synod, Uniting Church in Australia (1977-1979)
*President of the Assembly, Uniting Church in Australia (1988-1991)
*Deputy Chairperson of the Council for Aboriginal Reconciliation (1991-1994)
*President, Australian Chapter, World Conference on Religion and Peace (1991-1996)

Wilson was the first layperson to be the President of the Assembly of the Uniting Church in Australia. He was particularly concerned with encouraging the broad Australian community to gain an understanding of Australian Aboriginal and Torres Strait Islander history.

In retirement, he travelled widely to Aboriginal and church events, and was an active member of a refugee education scheme near his home.

Honours

Throughout his life, Wilson was honored for his contribution to Australian society. In 1978 he was made a Companion of the Order of St Michael and St George (CMG) for services to the community.

In 1979 he was made Knight Commander of the Order of the British Empire (KBE) for services to the law. In 1988 Sir Ronald was made Companion in the General Division of the Order of Australia (AC) for services to the law.

Family

Sir Ronald married Leila Smith in April 1950. They had five children and nine grandchildren.

Reports

* National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, "Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islanders from their Families", Human Rights and Equal Opportunity Commission Sydney 1997 ISBN 0-642-26954-8
*Royal Commission into Commercial Activities of Government and Other Matters, "Report of the Royal Commission into Commercial Activities of Government and Other Matters" WA Government Printer Perth Western Australia 1992 2 volumes commonly known as the W.A. Inc Royal Commission

References

This article is based on a range of written and online references as outlined below.

Online references

* [http://www.abc.net.au/news/newsitems/200507/s1415939.htm Australian Broadcasting Corporation (ABC) report on death]
* [http://www.hcourt.gov.au/justices_02.html Biographical synopsis on High Court page]
* [http://www.abc.net.au/news/newsitems/200507/s1415968.htm Tributes to Wilson after his death published by the ABC on 17 June 2005]
* [http://www.smh.com.au/news/opinion/a-role-in-the-fall-of-a-labor-mate-conveniently-omitted-from-theeulogies/2005/07/19/1121538972499.html Alan Ramsey article in the "Sydney Morning Herald" on Wilson's role in WA Inc Royal Commission]
* [http://www.smh.com.au/news/National/Sir-Ronald-Wilson-honoured-by-mourners/2005/07/22/1121539136536.html AAP Report on Wilson's funeral published in "Sydney Morning Herald" 22 July 2005]
* [http://www.theaustralian.news.com.au/common/story_page/0,5744,16013975%255E7583,00.html Opinion piece by Christopher Pearson critical of Wilson's performance in the "Bringing Them Home" report "The Australian" retrieved on July 23, 2005]
* [http://www.theaustralian.news.com.au/common/story_page/0,5744,15960622%5E28737,00.html Obituary of Wilson published in "the Australian" on 18 July, 2005]

Written references

* Crown Content Pty Ltd "Who's Who in Australia 2005" North Melbourne 2005 page 1999
* See the written reports cited above.
* Estelle Blackburn, "Broken Lives" Hardie Grant South Yarra 2001 ISBN 1-876719-79-6 has details of the Beamish and Button cases.
* Peter Brett, "The Beamish Case" Melbourne University Press 1966 outlines his concerns about the Beamish case
* H. P. Lee and George Winterton, "Australian Constitutional Landmarks" Cambridge University Press 2003 ISBN 0-521-83158-X pages 269, 270