THE NATIONAL MAGAZINE OF THE ORDER OF AUSTRALIA ASSOCIATION

SC, S.C., QC, KC – WHAT DO THEY ALL MEAN? Contributed by William Lye OAM QC

The Star of Courage (SC) is awarded for acts Governor, Executive Councillor, Minister, of conspicuous courage by members of the Supreme or County Court judge, Queen’s community in circumstances of great peril. Counsel, and Royal Commissioner. It is the second highest Australian Bravery In most States and Territories, Senior Coun- Decoration in the Group of Bravery Cita- sels are appointed by the Chief Justice and tions. The postnominal ‘SC’ is frequently under the seal of the Court. The appoint- confused with the title and rank in the legal ments are entered onto the Roll of Senior profession of Senior Counsel (S.C.) that is It took just over 100 years for Joan Rosanove, Counsel kept by the Prothonotary of the differentiated from the bravery decoration who was the frst female Queen’s Counsel Supreme Court. ‘SC’ with the dot between the letters. in Victoria, to be appointed in 1965. A Queen’s Counsel is appointed by Letters The title and rank of Senior Counsel (S.C.) Looking around the world, the frst female Patent to be ‘one of His Majesty’s counsel or Queen’s Counsel (QC) or King’s Counsel King’s Counsel was Helen Kinnear from learned in the law’. Senior Counsel in (KC), also referred to as ‘Silk’, is a recog- Canada, appointed in 1934. The frst Victoria and South Australia may apply for nition of a barrister’s distinguished and women King’s Counsel in the United Letters Patent to be appointed to the offce proven merit as an advocate in the admin- Kingdom were Helena Normanton and of Queen’s Counsel upon invitation by the istration of justice. Rose Helibron, both appointed in 1949. Attorney-General and then upon recom- Silks are members of the inner Bar, acting mendation to the Governor in Council. The Dame Roma Mitchell, from South Australia, as leaders of the Bar, with additional power to appoint Queen’s Counsel through was the frst woman in Australia to be professional responsibility to clients, the the issue of Letters Patent is exercised by appointed Queen’s Counsel in 1962. community and the legal profession. Silks the Governor in Council. The frst women appointed Queen’s are typically instructed in more diffcult or In Queensland, appointments are made as Counsel in New Zealand were Chief complex matters. Queen’s Counsel. Justice Dame Sian Elias and Dame Lowell The Institution of Silk, dates back to the Goddard, both appointed on 4 March Senior Counsel who obtains a grant of Letters late 16th century when Queen Elizabeth 1988. Patent for a commission as Queen’s Counsel I named Sir Francis Bacon as ‘learned undertakes not to use the designation ‘Senior Appointments to the rank of Queen’s counsel extraordinary to Her Majesty’. Sir Counsel’ or ‘S.C.’ from the date of her or his Counsel (QC) are currently only made in Francis Bacon was the frst ‘Crown Counsel’. appointment as Queen’s Counsel. the states of Victoria, Queensland, and In 1604, King James I appointed Sir Francis South Australia. New South Wales, Austra- Bacon with letters patent, making him The appointment and Letters Patent lian Capital Territory, Northern Territory, the frst King’s Counsel. The title Queen’s expressly provide that the appointment is Western Australia and Tasmania continue Counsel is, therefore, of ancient lineage. without loss or gain of precedence granted to confer the rank of Senior Counsel (S.C.) previously as Senior Counsel and with full The gowns of Senior Counsel or Queen’s only. authority to do all things that any other of Counsel are made of silk. In Victoria, the Her Majesty’s Counsel may do and in the The Commonwealth of Australia can also silk gown incorporates a rosette attached to same manner and form. appoint QCs. the back of the gown by a silk ribbon. The rosette (pictured) is a square piece of black The Letters Patent is a single page docu- The use of letters after an individual’s name silk decorated with a bow on each corner. ment addressed to the recipient setting out follows a prescribed order. Decorations and These bows have several layers of ruffed the particular commission. It is signed by Honours under the Australian Honours System silk pinned with a button in the centre. the Governor and the Attorney-General. take precedence before Queen’s Counsel or Senior Counsel. For example, Mary Jane AM The offce of Queen’s Counsel was In Victoria, the details of the Letters Patent S.C. or John Smith AO RFD QC. conferred by Letters Patent for pre-eminent are entered in the Register of Letters Patent distinction as an advocate in Court. Letters administered and kept by the Secretary, A recipient of the Star of Courage (SC) Patent is, thus, a type of legal instrument Department of Premier and Cabinet. and an OAM, who is not otherwise a issued by a Monarch, or by the preroga- Senior Counsel, would use the letters as The frst Queen’s Counsels in Victoria were tive powers of the Head of State granting Peter James SC OAM. However, a Senior appointed on 10 August 1863. an offce, right, monopoly, title, or status to Counsel (S.C.) with an OAM would use the an individual. John Hubert Plunkett was the frst Queen’s letters as Mark Doe OAM S.C. Counsel appointed on 6 June 1856 in New Other individuals appointed by Letters It would be interesting to fnd someone South Wales. Patent include the Governor, Deputy with postnominals like, SC S.C. or SC QC!

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