Peter McClellan

{{short description|Australian judge}}

{{Use Australian English|date=June 2018}}

{{Use dmy dates|date=May 2020}}

{{Distinguish|Peter McLellan}}{{Infobox judge

| honorific-prefix = The Honourable

| name = Peter McClellan

| honorific-suffix = {{post-nominals|country=AUS|AM|KC|size=100%}}

| nationality =

| order =

| office = Chief Royal Commissioner of the Royal Commission into Institutional Responses to Child Sexual Abuse

| term_start = 11 January 2013

| term_end = 15 December 2017

| alongside = Bob Atkinson, Jennifer Coate, Robert Fitzgerald, Helen Milroy, Andrew Murray

| nominator = Julia Gillard

| appointer = Quentin Bryce
({{small|Governor-General}})

| predecessor =

| successor =

| order1 =

| office1 = Judge of the New South Wales Court of Appeal

| term_start1 = 21 February 2013

| term_end1 = 8 February 2018

| appointer1 =

| predecessor1 =

| successor1 =

| order2 =

| office2 = Chief Judge at Common Law of the Supreme Court of New South Wales

| term_start2 = 1 September 2005

| term_end2 = 21 February 2013

| appointer2 = Marie Bashir
({{small|Governor of NSW}})

| predecessor2 =

| successor2 =

| order3 =

| office3 = Chief Judge of the Land and Environment Court of New South Wales

| term_start3 = 25 August 2003

| term_end3 = 1 September 2005

| predecessor3 = Maria Pearlman

| successor3 = Brian Preston

| order4 =

| office4 = Judge of the Supreme Court of New South Wales

| term_start4 = 29 January 2001

| term_end4 = 25 August 2003

| nominator4 = Bob Debus

| appointer4 = Jim Spigelman, CJ

| predecessor4 =

| successor4 =

| birth_name = Peter David McClellan

| birth_date =

| birth_place = Sydney, New South Wales, Australia

| death_date =

| death_place =

| religion =

| alma_mater = Normanhurst Boys' High School;
University of Sydney

| occupation = Judge

| profession =

| children = Nick, Jo, Jack and Will

| spouse = Jayne Jagot

| footnotes =

}}

Peter David McClellan {{post-nominals|country=AUS|AM|KC}} is a retired judge of the New South Wales Court of Appeal who served between February 2013 and February 2018. McClellan was the Chief Royal Commissioner of the Royal Commission into Institutional Responses to Child Sexual Abuse from January 2013 to December 2017. He was previously the Chief Judge in Common Law in the Supreme Court, a position to which he was appointed in 2005.{{cite web |title=Justice Peter McClellan AM |url=http://www.childabuseroyalcommission.gov.au/justice-peter-mcclellan-am/ |work=Our work: The Commissioners |publisher=Royal Commission into Institutional Responses to Child Sexual Abuse |year=2013 |accessdate=12 February 2014 }}

Early life and education

McClellan grew up on Sydney's Upper North Shore, and received his secondary school education at Normanhurst Boys High School. Fellow Supreme Court Justice Ian Harrison (who also attended the school) said that, "that school was instrumental in assisting your Honour to overcome adolescent difficulties you had with low esteem, lack of confidence and self doubt".{{cite web |url=http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_01Sept05_McClellan.pdf/$file/Speech_01Sept05_McClellan.pdf |title=Farewell ceremony of the Chief Judge of the Land and Environment Court, Justice Peter McClellan |accessdate=26 December 2010 |date=1 September 2005 |publisher=Land and Environment Court of New South Wales |archive-url=https://web.archive.org/web/20110313211856/http://lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_01Sept05_McClellan.pdf/$file/Speech_01Sept05_McClellan.pdf |archive-date=13 March 2011 |url-status=dead }}

McClellan later studied arts and law at the University of Sydney, where he graduated with a Bachelor of Arts in 1971 and a Bachelor of Laws in 1974.{{cite web |url=http://www.uws.edu.au/__data/assets/word_doc/0003/148881/Justice_McClellan_Profile.doc |title=Profile of the Honourable Justice Peter McClellan |publisher=University of Western Sydney |format=Word |accessdate=27 December 2010 }}

Career

McClellan was admitted to practise law as a solicitor of the Supreme Court of New South Wales on 26 July 1974, and worked for a short time as a solicitor at Hall and Hall. He was called to the Bar on 2 May 1975. His legal practice primarily consisted of planning and environmental law, administrative law, valuation and water-related matters, as well as advising government agencies. From 1984 to 1985, he held the role of Counsel Assisting the Maralinga Royal Commission into British nuclear testing in Australia.{{Cite web |last=Hyland |first=Anne |date=2022-12-23 |title=From brickie's labourer to Supreme Court judge: Peter McClellan's extraordinary career |url=https://www.smh.com.au/national/nsw/from-brickies-labourer-to-supreme-court-judge-peter-mcclellan-s-extraordinary-career-20221212-p5c5qd.html |access-date=2022-12-23 |website=The Sydney Morning Herald |language=en}} Also that year, he was appointed Queen's Counsel. He later served as Chairman of the New South Wales State Government Inquiry into Swimming Pool Safety from 1988 to 1991, Acting and Assistant Commissioner of the Independent Commission Against Corruption from 1992 to 1993, and supervised the statutory review of the Sydney Casino licence in 1997 and 2000.

In 1998, McClellan was the Chairman of the Sydney Water Inquiry.{{Cite news |title=Sydney's Cryptic Water Crisis |series=Background Briefing |author=Walsh, Nonee |work=ABC Radio National |location=Australia |date=22 November 1998 |format=transcript |url=http://www.abc.net.au/rn/talks/bbing/stories/s17169.htm |accessdate=26 December 2010 }} On 29 January 2001, McClellan was appointed a Justice of the Supreme Court of New South Wales.{{cite web |url=http://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/Pre-2015%20Speeches/McClellan/mcclellan_2001.01.30.pdf |title=Swearing in Ceremony of The Honourable Peter David McClellan QC |work=Supreme Court of New South Wales |date=30 January 2001 |accessdate=11 March 2019}} From 25 August 2003, McClellan was the Chief Judge of the Land and Environment Court of New South Wales, leaving this role on 1 September 2005 due to his re-appointment to the Supreme Court.{{cite web |url=http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/pages/LEC_currentdirectory#past |title=Past Chief Judges |publisher=Land and Environment Court of New South Wales |accessdate=26 December 2010 }}

McClellan has also worked as an Assistant Commissioner at the Independent Commission Against Corruption and as an Acting Judge of the District Court of New South Wales. In addition, he has held the position of New South Wales President of the National Environmental Law Association.

On 11 January 2013, Justice McClellan was announced as the head of the Royal Commission into Institutional Responses to Child Sexual Abuse.{{cite web|url=http://www.heraldsun.com.au/news/breaking-news/greens-back-mcclellan-appointment/story-e6frf7kf-1226552296516 |title=Greens back McClellan appointment |work=Herald Sun |date=11 January 2013 |accessdate=11 January 2013}}{{cite news |work=The Australian |author=Moran, Susannah |url=http://www.theaustralian.com.au/news/inquiry-chief-peter-mcclellan-noted-for-fairness-and-experience/story-e6frg6n6-1226552323683 |date=12 January 2013 |accessdate=12 January 2013 |title=Inquiry chief Peter McClellan noted for fairness and experience }} He presented the commission's final report and recommendations on 15 December 2017.{{cite news|url=http://www.abc.net.au/news/2017-12-15/royal-commission-into-child-abuse-makes-almost-200-new-findings/9261286 |title=Royal commission: Celibacy and confessional overhaul proposed in child sex abuse findings |first1=Riley |last1=Stuart |first2=Bellinda |last2=Kontominas |work=ABC News |date=15 December 2017 |accessdate=21 December 2017}}

McClellan retired from the Supreme Court on 8 February 2018.{{cite web |title=Farewell Ceremony for the Hon Justice Peter McClellan |url=http://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/2018%20Speeches/McClellan_20180208.pdf |website=SupremeCourt.justice.nsw.gov.au |accessdate=28 January 2019}}

Honours and personal life

In 2011 McClellan was appointed a Member of the Order of Australia for service to the judiciary through the Supreme Court of New South Wales, to environmental law, and to legal education.{{cite web |url=https://honours.pmc.gov.au/honours/awards/1144287 |title=McCLELLAN, Peter David: Member of the Order of Australia |publisher=Commonwealth of Australia |work=It's an Honour |date=13 June 2011 |accessdate=13 June 2011 }} In 2018 he was awarded the Human Rights Medal.

McClellan is married to Justice Jayne Jagot of the High Court of Australia.

References