Roma Mitchell

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The Honourable Dame
Roma Mitchell
AC DBE CVO QC
Mitchell in 1965
31st Governor of South Australia
In office
6 February 1991 – 21 July 1996
MonarchElizabeth II
PremierJohn Bannon (1991–1992)
Lynn Arnold (1992–1993)
Dean Brown (1993–1996)
LieutenantCondor Laucke (1991–1992)
Basil Hetzel (1992–1996)
Preceded byDonald Dunstan
Succeeded byEric Neal
10th Chancellor of the University of Adelaide
In office
1983–1990
Preceded byJohn Bray
Succeeded byWilliam Scammell
Judge of the Supreme Court of South Australia
In office
23 September 1965 – 1983
Nominated byEdric Bastyan
Appointed byFrank Walsh
Personal details
BornRoma Alma Flinders Mitchell
(1913-10-02)2 October 1913
North Adelaide, South Australia, Australia
Died5 March 2000(2000-03-05) (aged 86)
St Andrew's Hospital, South Australia, Australia
RelationsSamuel Mitchell (grandfather)
EducationSt Aloysius College, Adelaide
Alma materUniversity of Adelaide (LLB)
Profession
  • Barrister
  • lawyer

Roma Alma Flinders Mitchell (2 October 1913 – 5 March 2000) was an Australian barrister and lawyer. She became Australia's first female judge, the first woman appointed Queen's Counsel (QC) in 1962, the first female chancellor of an Australian university from 1983 to 1990, and the first woman to serve as governor of an Australian state from 1991 to 1996.

Mitchell was born on 2 October 1913 in North Adelaide, the youngest daughter of solicitor Harold Flinders Mitchell and Maude Imelda Mitchell. After her father's death in World War I, she was raised by her mother and excelled academically at St Aloysius College, becoming dux and achieving top marks in French and Latin. In 1931, she entered the University of Adelaide's law school, graduating with a Bachelor of Laws in 1934. During her studies, she co-founded the Women's Law Students' Club and received the David Murray Fellowship for her academic excellence.

Mitchell was admitted to the bar in 1934 and began her legal career at Rollison & Rollison, quickly rising to partner. She was a pioneering advocate for women's rights, campaigning for equal custody, equal pay, and the inclusion of women on juries in South Australia. In 1962, she became Australia's first female QC and in 1965 the country's first woman judge. She chaired key legal reform committees, contributed to criminal law and penal reform, and led the Royal Commission on Police Dismissal in 1978. Mitchell also served in academic and human rights roles, including deputy chancellor of the University of Adelaide, and later chair of the Australian Human Rights Commission, addressing issues from discrimination to Indigenous rights.

In 1983, Mitchell served briefly as South Australia's first female acting Chief Justice before retiring from the judiciary. She remained active in public life, serving as chancellor of the University of Adelaide from 1983 to 1990 and conducting inquiries on human rights and social justice. In 1991, she became Australia's first female state governor, holding the vice-regal office until 1996 and promoting gender equality, education, and community engagement. Mitchell continued her advocacy through campaigns, boards, and foundations, attending constitutional conventions and supporting Indigenous and women's rights. She died from bone cancer on 5 March 2000, and her state funeral was attended by hundreds.

Early life and education

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Roma Alma Flinders Mitchell was born on 2 October 1913 at Quambi Nursing Home on Pennington Terrace, North Adelaide,[1] the second daughter and youngest child of Harold Flinders Mitchell, a solicitor, and his wife Maude Imelda, née Wickham. Her father was killed in battle in France in April 1918 while serving with the First Australian Imperial Force, leaving Maude to raise their two daughters.[2] His death placed financial strain on the family, as her untrained mother struggled to support her children.[3] After Mitchell's birth, the family lived in Renmark on the River Murray before returning to North Adelaide,[1] where they resided on Hill Street across the Adelaide Park Lands from Medindie.[4]

Mitchell was educated at St Aloysius College from 1920 to 1930. Her mother had withdrawn her and her sister from St Dominic's Priory School and enrolled them at St Aloysius. The family later moved to Kyre Avenue, Kingswood, near the foothills of the Mount Lofty Ranges.[5] Taught to read at home before starting school,[6] Mitchell excelled academically, becoming dux of her school in 1928 and 1929, and placing first in South Australia in French in 1929 and Latin in 1930, after repeating her final year, as her mother considered her too young to attend university.[7] In 1931 she entered the University of Adelaide's law school,[8] graduating with a Bachelor of Laws in December 1934.[9] During her studies, she co-founded the Women's Law Students' Club after being excluded from the all-male Law Students' Society, serving as its secretary in 1934 and winning its debate award in 1933 and 1934. She was awarded the David Murray Fellowship in recognition of her academic distinction.[2]

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Early career (1935–1962)

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Roma and Ruth Mitchell, presumably in Adelaide, c. 1936

Mitchell was admitted to the bar in 1934[10] and formally admitted as a barrister and lawyer by the Supreme Court of South Australia in February 1935,[9][11] three days after completing her studies. She began her articles of clerkship with Rollison & Rollison, assisted by her uncle, lawyer Frank Villeneuve Smith, but later moved to a larger firm that could hire a professional solicitor. Four months after joining, she was promoted to partner at the firm, which became Nelligan, Angas Parsons & Mitchell.[2] She was also active in campaigns, including the 1940 fight for equal custody rights, which held that a mother should have the same authority over children as the father. Equal pay for equal effort was another cause she supported.[11]

Portrait of Mitchell, c. 1954

Early in her legal career, Mitchell undertook little work in the criminal division, believing that, as a woman in a predominantly male court, she might be perceived as an oddity, potentially disadvantaging her clients. She led initiatives through the National Council of Women and the League of Women Voters and handled domestic violence cases decisively, as recalled by Len King, who was articled to her in 1948–49.[2] In 1951, she and lawyer Sesca Zelling defied a male-only directive to attend the jubilee supper at the federal legal conference in Sydney.[12] Mitchell was elected to the Law Society of South Australia's council in 1952 and joined its legal assistance committee, contributing to systems later influential in Britain after presenting the South Australian programme at the 1954 Commonwealth and Empire Law Conference in London. In 1958, she became the first part-time family law instructor at the University of Adelaide,[2] where she mentored students including Margaret Nyland.[13][11]

In 1960, Mitchell led a renewed and ultimately successful campaign to allow women in South Australia to serve on juries. In 1962, she led a final deputation representing seven women's organisations to Premier Thomas Playford IV, carefully presenting arguments in favour of women's inclusion. She highlighted the issue of unequal pay for government employees and argued that women jurors could assess certain witnesses, particularly in sex crime cases, with greater objectivity. Her efforts led to Playford's agreement to permit women jurors, a reform implemented three years later.[11]

Queen's Counsel (1962–1978)

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On 20 September 1962, Mitchell became the first woman in Australia appointed Queen's Counsel and established a law firm with David Haese and Doreen Curnow, later joined by Ted Mullighan, increasingly taking on court work for women affected by domestic violence, deserted wives, and those without means of support. She was appointed vice-president of the Law Council of Australia in 1963 and was expected to become its first female president. In 1965, however, attorney-general Don Dunstan offered her a position on the South Australian Supreme Court,[2] and on 23 September 1965, Roma Mitchell became Australia’s first woman judge.[14] Although she later described judicial life as offering "no excitement," she accepted the appointment out of a sense of moral obligation and a belief that she owed it to women. Her appointment attracted public attention, including debate over forms of address, and she received 482 letters and telegrams of congratulation. Mitchell took her seat on the Full Court on 27 September 1965, delivering remarks referencing President John F. Kennedy's inaugural address, and worked across criminal and civil jurisdictions at both first instance and appellate levels, writing judgments promptly.[2] In the same year, she became a member of the University of Adelaide council.[15]

From 1971 to 1977, Mitchell chaired the Criminal Law and Penal Methods Reform Committee of South Australia, later known as the Mitchell Committee,[16] which issued five reports containing 907 recommendations. The committee advocated for judges and magistrates to retain responsibility for sentencing rather than leaving it to legislation, and emphasised the need for jurists and police to be better informed on criminology and correctional systems. Its 1973 report addressed the neglect and mistreatment of Aboriginal peoples, recommending the abolition of minor offences, establishment of detoxification centres, and replacement of short-term imprisonment with supervised prohibition, as well as improved care for inmates. The 1977 report on rape recommended that husbands be indictable for the rape of a wife in cases of separation, and highlighted the outdated assumption that a wife must submit to intercourse regardless of her wishes. Mitchell also delivered the Sir John Morris memorial lecture in 1971 on "Women's Liberation and the Law" and in 1975 became the first woman to present the Australian Broadcasting Commission Boyer lectures, titled The Web of Criminal Law, presenting key aspects of the committee's work to a national audience.[2]

In 1978, Mitchell was appointed to lead the Royal Commission on Dismissal from the Office of the Commissioner of Police, known as the Salisbury Commission, to determine whether Commissioner Harold Salisbury had misled the government, whether his dismissal was justified, and whether the Crown's prerogative to dismiss the commissioner required modification. She submitted her report on 30 May 1978, affirming all three points and demonstrating her capacity to manage complex and politically sensitive matters.[2] That same year, she became chairman of the South Australian State Heritage Committee,[17] and from 1974 to 1981, she served as chair of the parole board.[18] Earlier, in 1972, she had been appointed the first woman deputy chancellor of the University of Adelaide,[19][20] a position she held until her later elevation to chancellor.[15]

Australian Human Rights Commission (1981–1983)

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In 1981, Mitchell, together with lifelong friends Jean and Billie Whyte, purchased land at Carrickalinga and built a kit house as a retreat, while also assisting with Meals on Wheels by delivering lunches to frail aged residents.[2] That year, she joined the council for the Order of Australia, serving until 1990,[17] and in December 1981 was appointed chair of the newly established Australian Human Rights Commission, a part-time role she held until 1986[2] under the Fraser government.[21] The commission brought together representatives from across the states to address complaints concerning women, Indigenous peoples, ethnic minorities, and people with disabilities, focusing on inquiry, conciliation, and education rather than prosecution. Mitchell addressed issues of racial intolerance, particularly in Western Australia and the Northern Territory, and contributed to developing distinctions in the treatment of mental illness and intellectual disability. The commission supported the sex discrimination bill introduced by Susan Ryan in 1983 and responded to opposition to immigration following public commentary by historian Geoffrey Blainey.[2]

Later life and death

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In 1983, Mitchell served a few months as the first woman acting Chief Justice of South Australia and,[19][20] as a resident appeal court judge, worked alongside colleagues including Harry Gibbs;[22] on 28 September, King spoke at a special session of the South Australian Supreme Court to mark her departure from the bench.[22] She retired from the judiciary that year,[22] having faced eleven unsuccessful attempts at appointment to the High Court of Australia,[2] and in retirement remained active in public life, contributing to organisations such as the Ryder-Cheshire Foundation, the Winston Churchill Memorial Trust, and the University of Adelaide, where she served as chancellor from 1983 to 1990,[a][2] succeeding John Jefferson Bray and beginning a second five-year term in 1988 before resigning upon her appointment as governor.[15] Between 1984 and 1986, during the Hawke government,[21] she conducted a judicial inquiry with royal commission powers to determine compensation for Greek migrants wrongly accused of social security fraud, and the Human Rights Commission she had chaired was subsequently replaced by the Human Rights and Equal Opportunity Commission with an expanded mandate.[2]

St Francis Xavier's Cathedral in 2012

Appointed by John Bannon's government, Mitchell became governor of South Australia on 6 February 1991, making her the first woman in Australia to hold a vice-regal office.[24] On 18 April 1991, she ceremoniously granted the University of South Australia's charter.[25] In her 1993 Phillip Hughes Oration in Hobart, Mitchell reflected on the prejudice she and her contemporaries faced as women in their professions, advocating for affirmative action to prevent gender-based detriment rather than to give women preference over men.[19] In 1994, she served as patron for the centennial celebration of women’s suffrage in South Australia.[11] On 13 January 1996, she opened the rebuilt Beacon Hill Lookout in Robe as part of the town's sesquicentenary celebrations, and in April she toured the Clare Valley with Governor-General William Deane on his first official engagements outside Canberra.[26] That same year, and until her death,[27] she also chaired the South Australian Ministerial Board on Ageing. On 11 July 1996, she took part in the dedication service for the St Francis Xavier's Cathedral.[26] She completed her tenure as governor on 21 July 1996 and was succeeded by Eric Neal the following day.[28]

In 1997, Mitchell supported the Women for Wik campaign to endorse the High Court's decision on Wik.[26] In 1998, she attended the constitutional convention in Canberra on behalf of South Australia.[17][20] Mitchell was also one of the original trustees of the Don Dunstan Foundation. She visited Glenelg in October 1999 to commission the Australian Customs Vessel (ACV) Holdfast Bay. She presided over a debate at the University of Adelaide two months later titled "That Ideology Is Dead."[26]

Mitchell died from bone cancer on 5 March 2000[29] at St Andrew's Hospital, Adelaide, and was cremated. Her state funeral at St Francis Xavier's Cathedral attracted hundreds of attendees, with additional spectators accommodated in marquees outside.[2] It was one of the largest funerals ever held at the Cathedral and was broadcast on television.[30] Speakers included senior figures from the Catholic and Anglican churches, the Salvation Army, and the Lutheran church.[2] Tributes poured in from political leaders,[b] colleagues, the media, and community groups, praising her intellect, integrity, compassion, and lifelong commitment to justice and equality. Bannon highlighted her leadership in social reform; Neal lauded her wisdom, dignity, and humanity; and Archbishop Leonard Faulkner commended her deep faith and moral example. The Australian described her as "a compassionate beacon for justice," while the Aboriginal community remembered her as "a legend in her own lifetime."[32]

Personal life

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Mitchell was a fourth-generation South Australian.[20] Her grandfather, Samuel James Mitchell, had served as a Northern Territory government resident and a judge in South Australia.[20][33] She maintained a close relationship with her mother and remained in mourning following her death in 1938. Mitchell's Catholic and Irish working-class heritage contrasted with her attainment of senior positions in a predominantly Protestant establishment, and she valued her imperial honours.[2]

Honours and legacy

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Statue of Mitchell on North Terrace, Adelaide, 24 October 2025

Mitchell was appointed a Commander of the Order of the British Empire (CBE) in the 1971 Birthday Honours on 12 June for service to law[34] and was elevated to Dame Commander of the Order of the British Empire (DBE) in the 1982 Birthday Honours for service to the community.[35] She received a Doctor of the University degree in 1985 for her service to the University of Adelaide[15] and was appointed a Companion of the Order of Australia (AC) during the 1991 Australia Day Honours for her contributions to law, learning, and the community.[36] Mitchell was awarded the Key to the City by the City of Adelaide in 1996[23] and the Legion of Honour by the French government on 10 April 1997.[37] A statue by Janette Moore, unveiled by William Deane in June 1999 in Prince Henry Gardens outside Government House,[29][23] depicts Mitchell seated informally and reading, an image Deane said evoked her presence in the nearby gardens, with an inscription recording her career.[38]

Mitchell was made a Commander of the Royal Victorian Order (CVO) in the 2000 New Year Honours on 1 January; as her health deteriorated, Deane personally bestowed the honour at her bedside.[39] Following her death, she left a bequest to the University of Adelaide, which established the Dame Roma Mitchell Chair of Law, and she was also a founding member of the university's Graduates Union.[40] The Roma Mitchell Chambers, opened on 7 December 2000, were named in her honour, with Gerard Brennan highlighting her achievements, independence, and lifelong public and private service,[20] and she was posthumously inducted onto the Victorian Honour Roll of Women in 2001.[29] Roma Mitchell Secondary College, created in 2006 from the merger of four schools at Gepps Cross, was named in consultation with the community to honour her legacy.[41] The A$96 million Roma Mitchell Commonwealth Law Court Building, designed by Mariano Deuonni of Hassell and opened in February 2006, houses the Federal, Family, and Federal Magistrates courts and accommodates the High Court when visiting the state.[42] Additionally, the ACV Dame Roma Mitchell, a Bay-class patrol boat, was commissioned in December 2000 and completed its final patrol before decommissioning in December 2014.[43]

See also

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Notes

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  1. ^ When Mitchell became chancellor of the University of Adelaide, she was the first woman to hold that position at an Australian university.[12][23]
  2. ^ Prime Minister John Howard was among the political figures who expressed their condolences.[31]

References

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  1. ^ a b Magarey & Round 2007, p. 7.
  2. ^ a b c d e f g h i j k l m n o p q r Magarey, Susan (2025), "Dame Roma Alma Mitchell (1913–2000)", Australian Dictionary of Biography, Canberra: National Centre of Biography, archived from the original on 22 October 2025, retrieved 22 October 2025
  3. ^ "Australian Biography: Dame Roma Mitchell" (PDF). National Film and Sound Archive. p. 2. Archived from the original (PDF) on 29 March 2025. Retrieved 23 October 2025.
  4. ^ Magarey & Round 2007, p. 8.
  5. ^ Magarey & Round 2007, p. 11.
  6. ^ Magarey & Round 2007, p. 16.
  7. ^ Magarey & Round 2007, p. 22.
  8. ^ Magarey & Round 2007, p. 38.
  9. ^ a b "Australian Biography: Dame Roma Mitchell". National Film and Sound Archive of Australia. Archived from the original on 12 August 2025. Retrieved 23 October 2025.
  10. ^ "Dame Roma Mitchell (1913 - 2000)". Australian Broadcasting Corporation. 2000. Archived from the original on 7 February 2006. Retrieved 23 October 2025.
  11. ^ a b c d e "Roma Mitchell leads successful bid in 1960s to sway Tom Playford to let South Australian women serve on juries". Adelaide AZ. Archived from the original on 26 September 2023. Retrieved 23 October 2025.
  12. ^ a b "Roma Mitchell a South Australia supreme court judge in 1965 after her other Australian female legal first as QC". Adelaide AZ. Archived from the original on 23 October 2025. Retrieved 23 October 2025.
  13. ^ Halonkin, Larissa (7 April 2016). "Nyland, Margaret". Australian Women Lawyers as Active Citizens. Archived from the original on 15 December 2024. Retrieved 23 October 2025.
  14. ^ Maccallum, Lyn (23 September 2015). "In the Herald: September 24, 1965". The Sydney Morning Herald. Archived from the original on 9 February 2019. Retrieved 23 October 2025.
  15. ^ a b c d "Dame Roma "one of the great University Chancellors"". University of Adelaide. 5 March 2000. Archived from the original on 16 March 2025. Retrieved 23 October 2025.
  16. ^ Jordan 2000, p. 311–312.
  17. ^ a b c Jordan 2000, p. 312.
  18. ^ Emerson, John (2006). History of the Independent Bar of South Australia. Papinian Publishing. p. 101. ISBN 978-0-86396-835-8.
  19. ^ a b c "Women & Politics in South Australia". State Library of South Australia. Archived from the original on 12 June 2025. Retrieved 23 October 2025.
  20. ^ a b c d e f "About Roma Mitchell Chambers". Roma Mitchell Chambers. Archived from the original on 11 July 2025. Retrieved 23 October 2025.
  21. ^ a b Magarey & Round 2007, p. 299.
  22. ^ a b c Magarey & Round 2007, p. 298.
  23. ^ a b c "Dame Roma Mitchell AC, DBE, CVO, QC". City of Adelaide. Archived from the original on 3 August 2023. Retrieved 23 October 2025.
  24. ^ Martin, Robert (2009). Responsible Government in South Australia. Vol. 2. Wakefield Press. p. 130. ISBN 978-1-86254-844-2.
  25. ^ Mackinnon, Alison (2016). New Kid on the Block: The University of South Australia in the Unified National System. Melbourne University Publishing. p. 67. ISBN 978-0-522-87057-2.
  26. ^ a b c d Klaassen, Nic. "Dame Roma Mitchell". Flinders Ranges Research. Archived from the original on 7 September 2025. Retrieved 23 October 2025.
  27. ^ "Dame Roma Mitchell". St Aloysius College. Archived from the original on 16 June 2025. Retrieved 23 October 2025.
  28. ^ Hughes, Colin A. (2002). A Handbook of Australian Government and Politics, 1985-1999. The Federation Press. p. 175. ISBN 978-1-86287-434-3.
  29. ^ a b c "Honourable Dame Roma Mitchell AC DBE". Victoria State Government. Archived from the original on 10 May 2025. Retrieved 23 October 2025.
  30. ^ Hilliard, David. "Dame Roma's Catholic legacy" (PDF). Roman Catholic Archdiocese of Adelaide. Archived from the original (PDF) on 5 April 2025. Retrieved 23 October 2025.
  31. ^ "The Honourable Dame Roma Mitchell". Prime Minister of Australia. 5 March 2000. Archived from the original on 4 November 2005. Retrieved 23 October 2025.
  32. ^ Jordan 2000, p. 312–313.
  33. ^ Thornton, Robert (2006). "Samuel James Mitchell (1852–1926)". Australian Dictionary of Biography. Canberra: National Centre of Biography. Archived from the original on 14 August 2025. Retrieved 23 October 2025.
  34. ^ "No. 45385". The London Gazette (Supplement). 4 June 1971. p. 5993.
  35. ^ "Queen's Birthday 1982 Honours" (PDF), Commonwealth of Australia Gazette, 12 June 1982, archived from the original (PDF) on 2 April 2016, retrieved 23 October 2025
  36. ^ "Companion of the Order of Australia (AC) entry for Her Excellency the Honourable Dame Roma Flinders Mitchell". Australian Honours Database. Canberra, Australia: Department of the Prime Minister and Cabinet. 26 January 1991. Retrieved 5 December 2022.
  37. ^ Land, William A. (2022). "The Légion d'Honneur in Australia" (PDF). Institute for the Study of French-Australian Relations. p. 41. Archived from the original (PDF) on 29 June 2025. Retrieved 23 October 2025.
  38. ^ "Dame Roma Mitchell Statue". History Trust of South Australia. Archived from the original on 20 July 2025. Retrieved 23 October 2025.
  39. ^ Debelle, Penelope (6 March 2000). "Nation mourns Dame Roma". The Age. Archived from the original on 10 May 2025. Retrieved 23 October 2025.
  40. ^ "1930s to 1940s: Delivering growth in times of adversity". University of Adelaide. 2014. Archived from the original on 27 April 2023. Retrieved 23 October 2025.
  41. ^ "About Us". Roma Mitchell Secondary College. Archived from the original on 22 July 2012. Retrieved 23 October 2025.
  42. ^ "Roma Mitchell Commonwealth Law Court Building". State Library of South Australia. Archived from the original on 10 July 2025. Retrieved 23 October 2025.
  43. ^ Bateman, Daniel (19 December 2014). "Turtle-y awesome: animals saved". Cairns Post. Archived from the original on 1 November 2020. Retrieved 23 October 2025.
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