Question
Whitlam is a prosecutor for the Queensland Police Service (QPS). Whitlam's work includes prosecuting cases in the Magistrates Court including drug offences, domestic violence, assault,
Whitlam is a prosecutor for the Queensland Police Service (QPS). Whitlam's work includes prosecuting cases in the Magistrates Court including drug offences, domestic violence, assault, drunk and disorderly conduct and driving infringements. Whitlam has worked for the QPS for 15 years and has gained significant recognition in the Courts and amongst his peers. Due to his experience, he is offered an appointment as a Queensland Magistrate, which he accepts after resigning from the QPS.
With reference to any fundamental principles of government in Australia, for instance the separation of powers, discuss whether there are any issues with Whitlam's appointment as a Queensland Magistrate, given his prior role as a prosecutor for QPS.
Discuss whether your answer to the above would change if Whitlam worked as a part-time prosecutor for the QPS whilst serving as a Queensland Magistrate two days a week.
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