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Penny was born in Sabah, Malaysia. She moved to Australia when she was eight and settled in the Adelaide Hills. She won a scholarship to Scotch College and obtained a Bachelor of Arts Degree and a Law Degree (Hons) from the University of Adelaide. Penny began working for the Construction, Forestry, Mining and Energy Union when she was still studying and stayed with the union after she was admitted to the Bar. She became an elected organiser and industrial officer. She was then employed as a ministerial advisor to the Carr government in New South Wales, concentrating on forest policy. She later returned to Adelaide to practise law.
Party Positions

Delegate, ALP State Convention (SA) 1989-94 and from 1996.
Deputy Chair, ALP Platform Committee (SA) 1990-94.
Member, ALP State Executive (SA) 1996-99.
Member, ALP National Policy Committee on Industry, Infrastructure and Regional Development 1998-2000.
Delegate, ALP National Conference 2000.
Qualifications and Occupation before entering Federal Parliament

BA, LLB (Adel), GradDip in Legal Practice (SA).
Industrial officer 1990-96.
Barrister and solicitor 1996-2000.
Legal officer 2000-02.