The Law Council Justice Project is building a picture of access to justice across Australia
The Justice Project team are studying the results of submissions and feedback, from more than 130 consultations with legal aid commissions, community legal centres, peak bodies, academics, private practitioners, Judges, courts, government bodies and agencies. Last week, Justice Project Steering Committee met to discuss the emerging themes and to consider the potential outcomes as the Project enters the next phase. The Justice Project team has also consulted with the Australian Human Rights Commission to discuss its initial research relating to people with disability and the justice system at the Disability Justice Plan Symposium in Adelaide. During the consultations,
heartbreaking personal examples of racism, discrimination, unmet legal need, and a lack of mechanisms to ensure more accountable decision-making have been heard. Read more.
Referendum rejection profoundly disappointing, constitutional reform must advance
The Law Council of Australia has expressed profound disappointment at the Federal Government’s decision to reject the Referendum Council’s recommendation for a referendum into the creation of a representative body to give Aboriginal and Torres Strait Islander First Nations a Voice to the Australian Parliament. The Law Council also expressed dismay that the Federal Government declined to identify any further process through which constitutional reforms and reconciliation with Australia’s First Nations will be advanced. Law Council President, Fiona McLeod SC, dismissed suggestions that a Voice to the Australian Parliament amounted to a ‘third chamber’. Read more.
Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017
The Law Council does not support reforms in their current form and noted the proposed measures represent the potential for intrusive search and seizure powers with minimal safeguards. A key concern for the Law Council is the broad discretion granted to the Minister to declare an item as prohibited, combined the allowance of warrantless, broadly directed searches to be performed. The Law Council provided a submission on 20 October 2017, to the Legal and Constitutional Affairs Legislation Committee, in response to proposed measures intended to assist in the promotion of a safe and secure environment within immigration detention facilities. A narrowing of the proposed measures, as well as the inclusion of procedural and administrative safeguards to ensure the proposals remain in proportion to their stated objects was recommended. Annual Dialogue on Business and Human Rights
The Law Council attended the Australian Dialogue on Business and Human Rights, hosted by the UN Global Compact Network Australia and the Australian Human Rights Commission, on 31 October 2017. The annual event is a multi-sector, multi-stakeholder forum aimed at driving the business and human rights agenda forward. This year’s event focused on conducting human rights due diligence, a timely and appropriate theme considering the Government’s proposed modern slavery in supply chains reporting requirements. Over the course of the day, participants heard from representatives of large multinationals on how they conduct due diligence and the importance of doing so, as well as discussing issues around conducting due diligence in their own entities. Review of ‘declared areas’ provisions
The Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for their inquiry into the ‘declared areas’ provisions under the Criminal Code, which expressed concern that the offence may not be consistent with Australia’s international human rights obligations. The Law Council’s recommendations, submitted on 1 November 2017 were in response to the recent report published by
the Independent National Security Legislation Monitor (INSLM). The Law Council supported the INSLM’s two recommendations that the PJCIS may review a Ministerial declaration at its discretion, and the recommendation for Ministerial pre-authorisation for a person to travel to a declared area. The Law Council also recommended that the offence include a fault element for entering or remaining in a declared area for an illegitimate purpose and to expand the list of legitimate purposes for a which a person may travel to a declared area. Hearing on the Cashless Debit Card
The Social Services Amendment (Cashless Debit Card) Bill 2017 would seek to expand authority for the trial of the cashless debit card in Ceduna and the Kimberley to additional sites, including Kalgoorlie, Jervis Bay and Bundaberg. The Law Council gave evidence to the inquiry on the Bill, on 2 November 2017. The Law Council’s submission, and evidence, questioned the effectiveness of the card to achieve its purposes, as well as noting the human rights impacts of the card, and proposed some changes to its functionality should it be rolled out further. 2018 John Koowarta Scholarship
Applications for the John Koowarta Scholarship are open. Applications close 8 December 2017. For more information about the Scholarship, read more here.
Black Lives Matter
The Law Council took part in a roundtable discussion between the Change the Record Coalition and members of the Black Lives Matter Global network on 31 October 2017. The roundtable was a valuable opportunity to share stories and strategies on shared issues such as self-determination and justice reinvestment. Modern Slavery in Supply Chains Reporting Requirements Submission
The Law Council has made a submission on the Government’s Modern Slavery in Supply Chains Reporting Requirements Public Consultation Paper. The Government proposes to introduce reporting requirements on modern slavery in supply chains for entities with revenue of $100 million on more, largely following the model set out in section 54 of the UK’s Modern Slavery Act 2015. The Law Council welcomes and is generally supportive of introducing reporting requirements for business on modern slavery in supply chains, but considers the threshold should be lowered to no higher than $60 million, consistent with the UK, and that penalties should be introduced for businesses that fail to
report. Stop, Search and Seizure Powers, Control Orders and Preventative Detention Orders Submission
The Law Council provided a submission, on 3 November 2017, to the Parliamentary Joint Committee of Intelligence and Security on Intelligence and Security (PJCIS) on the Independent National Security Legislation’s Monitor’s (INSLM’s) recent reports on: - on stop, search and seizure powers provided for under Division 4A of Part IAA of the Crimes Act 1914 (Cth); and
- the control order (CO) regime provided for under Division 104 of the Criminal Code Act
1995 (Cth) (Criminal Code) and the preventative detention order (PDO) regime provided for under Division 105 of the Criminal Code.
The Law Council previously made a submission to the INSLM in May 2017. The latest INSLM reports reflected numerous positions of the peak legal body. Read more. South Australia Magistrates Court undertakes unconscious bias training
The first unconscious bias workshop for judicial officers of the South Australia Magistrates Court was held recently. In a post workshop survey, 100 per cent found the session a valuable learning experience and 90 per cent considered they could apply what they learned in day-to-day interactions.
The online training module presented by the Law Council’s exclusive provider of unconscious bias training for legal practitioners, Symmetra, has exposed valuable and practical insights regarding how and where biases emerge in the opinions and decisions of legal professionals. The workshop also covered practical skills of bias avoidance specifically for people working independently. Magistrates were open-minded and enthusiastic in co-designing tools for themselves to help them overcome potential biases in the future. Read more by Joshua Price Director of Innovation & Business Development at Symmetra. National Indigenous Legal Conference (NILC) 2017
‘Aboriginal Lives Matter: 50 Years on since the 1967 Referendum, Restoring, Reclaiming and Revitalising Our Rights in Law’ will be held at the University of South Australia on 16-17 November 2017. Law Council President, Fiona McLeod SC, will be speaking about The Justice Project and access to justice issues facing Aboriginal and Torres Strait Islander Peoples. Register here.
AdvocacyCurrent inquiries and consultations - as of 3 November 2017.
Media release: Key Coverage: - “It should not be so easy to silence Indigenous voices”, NITV, 4 November 2017.
- Interview with Fiona McLeod SC on CAAMA Radio, 3 November 2017, discussing a referendum council.
- “Eminent lawyers petition Turnbull to rethink voice stance”, The Australian, 1 November 2017.
- “'Shadow lawyers' kept from Fair Work cases”, Australian Financial Review, 3 November 2017.
- “Indigenous Referendum Rejection 'Profoundly Disappointing'”, Pro Bono Australia, 2
November 2017.
- “Law Council critical of referendum rejection”, World News Australia, 2 November 2017.
- Interview with Fiona McLeod SC on Radio National – the World Today, 1 November 2017, (also online), discussing the LCA’s disappointment with the Federal Government's rejection of the council's referendum into the creation of a representative
body to give voice to Aboriginal and Torres Strait Islander First Nations a voice to the Australian Parliament, (also on all 59 metro stations in the country).
- Interview with Fiona McLeod SC on 4K1G Townsville, 1 November 2017, discussing the LCA’s disappointment with the Federal Government's rejection of the council's referendum into the creation of a representative body to give voice to Aboriginal and Torres Strait Islander First Nations a voice to the Australian Parliament.
- “Rethinking one of the legal industry’s oldest traditions”,
Lawyers Weekly, 1 November 2017.
- “Law Council upset by reconciliation setback”, Katherine Times, 1 November 2017.
- Interview with Fiona McLeod SC on ABC Riverina, Wagga Wagga, ABC Radio Darwin, ABC Alice Springs, 1 November 2017, discussing the support of the establishment of an Indigenous advisory body enshrined in the constitution.
- “LCA urges transparency in ‘imminent’ Manus closure”, Lawyers Weekly, 31 October 2017.
- “Terror law to allow child detention denounced”, The New Daily, 30 October 2017.
- “Monitor releases first reports on Australian counter terrorism
laws”, Lawyer’s Weekly, 30 October 2017.
- “History will not be kind after this failure”, The Australian, 27 October 2017.
- “Lawyers welcome redress bill but question fairness”, Lawyers Weekly, 27 October 2017.
EventsUpcoming events 2017 2018
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