Former attorney-general Robert McClelland in line for top judicial role in NSW Former Federal Attorney-General Robert McClelland. Pic: Ray Strange Source: The Australian THE senior Sydney Labor cabinet minister sacked last year by Julia Gillard after he backed Kevin Rudd for the leadership is being considered for a top judicial post by the NSW government. Former attorney-general Robert McClelland, who had been eyeing a future federal appointment to the bench before he was dumped, has now turned to the O'Farrell government for a possible life after politics. An appointment of Mr McClelland to the bench has the potential to spark a possible by-election in his western Sydney seat of Barton if he took up the post before September. Before this week it would have added to the general fears of a by-election bringing down the minority government with suspended Labor MP Craig Thomson and former Speaker Peter Slipper both now facing criminal charges and also considered potential. early retirements. Ms Gillard's early announcement of the election date however may have quarantined the government from collapse. Senior government sources confirmed a parliamentary precedent going back to 1966 states that a by-election can be called off if the date of the general election is known. Mr McClelland made the shock announcement on Monday that he would not contest the next election. He has so far not publicly committed to staying until the election. "I have indicated an intention to not contest the next election and obviously I am considering a number of options for my post-parliamentary career," he told The Daily Telegraph. The Daily Telegraph has confirmed Mr McClelland, a key supporter of Mr Rudd, had recently applied and been interviewed for the $265,000 a year post as a commissioner on the bench of the NSW Industrial Relations Commission. A decision on key appointments to the IRC, which has a significant backlog, is expected to be finalised by the end of February or early March by NSW Cabinet, with the posts to be taken up by mid-year. It is also unlikely an early retirement by Mr McClelland alone would bring down the government, although it could hand the balance of power to independent Andrew Wilkie. A spokesman for Ms Gillard last night said no one in the Prime Minister's office had been aware that Mr McClelland had applied to join the NSW bench. Dismissing any sinister motive by the NSW government, a source said if successful Mr McClelland's appointment could be delayed until after a federal election if required. Mr McClelland is a 17-year veteran of parliament and a widely respected legal mind.