Consideration of raising minimum age of criminal responsibility doesn’t go far enough
The Law Council of Australia welcomes the decision by Australia’s State Attorneys-General to support development of a proposal to increase the minimum age of criminal responsibility (MACR) from 10 to 12 years of age, but believes an opportunity to bring Australia into step with international human rights standards has been missed.
“We, along with other medical and legal experts, have long condemned the fact the minimum age of criminal responsibility in Australia is currently 10 years of age,” Law Council of Australia President, Dr Jacoba Brasch QC said.
“Therefore, we are pleased the State Attorneys-General have agreed to consider lifting the MACR to 12 but continue to call for it to be immediately lifted to 14 years of age. At 12, a child cannot lawfully sign onto Facebook but can be questioned, arrested, detained and imprisoned.” Read more.
Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021
On 12 November 2021, the Law Council appeared before the Parliamentary Joint Committee on Corporations and Financial Services as part of the Committee’s inquiry into the Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021. While the Law Council supports the stated underlying purpose of the Bill, the Law Council opposes the Bill in its current form. Read more.
Older Australians must be protected against abuse
The Law Council of Australia strongly welcomes the decision by Commonwealth, state and territory Attorneys-General to prioritise enduring power of attorney (EPOA) law reform to better protect older Australians from financial abuse. Read more.
ATO Legal Professional Privilege Protocol
The Law Council of Australia appreciates the context underpinning the development of the Australian Taxation Office’s (ATO) draft legal professional privilege (LPP) protocol (consultation draft Protocol), and welcomes attempts to assist advisers and taxpayers to work through LPP matters. Read more.
New BLS Executive
At the conclusion of the Annual General Meeting (AGM), Rebecca Maslen-Stannage, Frank O’Loughlin QC and Mark Friezer have stepped down from the Executive. Ms Maslen-Stannage and Mr O’Loughlin are both former chairs of the Section and Mr Friezer was the immediate past deputy chair of the Section. Read more.
LCA Submissions
Recently published Law Council Submissions.
- Aged Care Quality Principles, Department of Health.
- ATO Legal Professional Privilege Protocol, Australian Taxation Office.
Section Submissions
Recently published Section Submissions.
- Retirement Income Covenant - September 2021, Treasury, (Legal Practice Section).
- Feedback on ASBFEO’s Preliminary Report, The Show Must Go On: Is a discretionary managed fund the solution to the insurance crisis facing Australia’s amusement, leisure and recreation sector?, Australian Small Business and Family Enterprise Ombudsman, (Business Law Section).
Inquiries and consultations
As of 24 November 2021.
Comment on the scope of rules 10.07 and 10.08 of the Federal Court Rules 2011 (Cth), Federal Court of Australia.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Better Dealing with Vulnerable People, Australian Taxation Office.
The performance and integrity of Australia’s administrative review system, Senate Standing Committees on Legal and Constitutional Affairs.
Improving the competency and accountability of family report writers, Attorney-General's Department.
Australia's 2022-23 Migration Program, Department of Home Affairs.
Online Privacy Bill Exposure Draft, Attorney-General's Department.
Model Operating Requirements Consultation Draft 7.1, Australian Registrars’ National Electronic Conveyancing Council (ARNECC).
2021-22 Review of the Legislation Act 2003, Attorney-General's Department.
Clarifying the treatment of trusts under insolvency law, The Treasury.
Care and Support Sector Code of Conduct Consultation, Department of Health.
Improving the technology neutrality of Treasury portfolio laws, The Treasury.
National Anti-Racism Framework, Australian Human Rights Commission.
Privacy Act Review – Discussion paper, Attorney-General's Department.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
Prudential Standard SPS 530 Investment Governance in Superannuation, Australian Prudential Regulation Authority.
The Banking Code Review, Australian Banking Association.
Prudential Standard SPS 250 Insurance in Superannuation, Australian Prudential Regulation Authority.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Exposure draft legislation to improve timeliness of national access regime processes, The Treasury.
CP 351 Superannuation forecasts: Update to superannuation calculators and estimates relief, Australian Securities and Investments Commission.
Strengthening Financial Resilience in Superannuation, Australian Prudential Regulation Authority.
News and Media
Media releases/statements:
- Consideration of raising minimum age of criminal responsibility doesn’t go far enough, 16 November 2021.
- Older Australians must be protected against abuse, 17 November 2021.
Key media articles:
- ACT to forge ahead with raise the age plan despite states agreement, Canberra Times, 16 November 2021.
- Attorneys-general plan to #raisetheage is ‘half-baked', legal organisations say, Lawyers Weekly, 17 November 2021.
- With a federal election looming, is there new hope for leadership on integrity and transparency?, The Conversation, 18 November 2021.
- Flaws in class action bill, The Australian, 22 November 2021.
Upcoming Events
The Law Council of Australia is pleased to invite you to attend an online webinar on the topic of 'Looking downstream: the long-term costs of underfunding legal aid in Australia'.
In its 2014 Report Access to Justice Arrangements, the Productivity Commission recognised the net public benefits to the community of proper investment in the legal aid and the ‘false economy’ of not doing so. The Productivity Commission noted that a significant funding injection was needed to increase access to legal assistance for many Australians. Seven years on, PwC analysis demonstrates that Commonwealth funding of legal aid on a per capita basis continues to fall. Learn more about the event.
Other events
