New South Wales Communities and Justice Minister Natasha Maclaren-Jones passed over top-ranked female candidates for the role of the independent Children's Guardian, choosing to recommend a man who never formally applied for the job.
The minister is now pushing to remove a legislated age cap on the Children's Guardian position, as her choice for the job will become ineligible to serve just 10 months into a five-year term.
Ms Maclaren-Jones did not answer specific questions from 7.30 regarding her role in the process but said in a statement "the best candidate for the job was identified following both formal and informal searches".
"The use of external recruitment firms is but one method used to find suitable candidates for the position," she said.
The appointment follows the intense scrutiny of former NSW Nationals leader John Barilaro's selection for a New York trade post, after a recruitment process identified a woman as the preferred candidate.
The Office of the Children's Guardian is an independent statutory body that regulates child protection in NSW, which includes overseeing NSW government services.
On December 12, Ms Maclaren-Jones announced the appointment of Steve Kinmond, who had headed the Association of Children's Welfare Agencies since 2019 and before that served as a deputy ombudsman for 15 years.
Mr Kinmond told 7.30 he never applied for the Children's Guardian role and initially turned down an approach by a senior bureaucrat late last year.
He later met Ms Maclaren-Jones and several of the minister's staff in her office to discuss his advocacy work, in what he says became a "de facto interview" for the role.
"I came out thinking, 'Oh gee, that seems like a job interview,'" Mr Kinmond said.
"I indicated very strongly I'd be independent."
Ms Maclaren-Jones said she had met Mr Kinmond in his capacity as head of the Association of Children's Welfare Agencies.
"Mr Kinmond's appointment is made with no special conditions, and I expect he will act in accordance with his duties as an independent regulator," she said.
The government first advertised the role in late July and contracted executive recruitment firm Omera Partners to find candidates for the position, which paid more than $372,000 in 2021–2022.
7.30 has spoken with two senior government staff who say they were informed the recruitment process identified an all-female shortlist. Those candidates went through an extensive vetting process which included interviews before a panel of high-ranking public servants
Despite the selection of preferred candidates, Ms Maclaren-Jones chose to formally recommend Mr Kinmond, whose appointment was approved by the NSW governor in December.
"Before Mr Kinmond's appointment, a number of other appropriately qualified candidates were also closely considered," Ms Maclaren-Jones told 7.30 in a statement.
"It is not appropriate to comment further about these candidates."
The minister praised Mr Kinmond, citing his nearly 40 years of experience in the child and family sector in NSW and adding that his appointment had been "extremely well received by a wide range of stakeholders".
Age cap of 65
Mr Kinmond was appointed to lead the regulator for a five-year term.
However, the Children's Guardian legislation places an age cap of 65 on the role, meaning Mr Kinmond's tenure would end in October, after just 10 months in the position.
According to correspondence seen by 7.30, the Office of the Children's Guardian wrote to Ms Maclaren-Jones on December 19 alerting her to the age restriction.
Ms Maclaren-Jones responded saying she was aware of the age barrier, that she believed it was contrary to "community expectations" and that she was taking steps to seek its removal.
"This will ultimately be a matter for cabinet and NSW parliament in 2023," she wrote on December 21.
Ms Maclaren-Jones told 7.30, "The Department of Communities and Justice advised me that there were no impediments to the appointment of Mr Kinmond to the position."
Mr Kinmond said he only found out about the age cap after a call from a human resources staff member a few days before Christmas.
"I was singularly unimpressed, because how hard is it to read a very obvious provision?" he said.
"I'm not critical of the minister. I know the system – the minister should have been given good advice."
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