The Justice Project consultations drawing to a close
With the Justice Project consultations drawing to a close, one of the last stops this week was Mildura in country Victoria. Law Council President, Fiona McLeod SC, spoke to the local ABC station about the justice issues facing those experiencing social and economic disadvantage in rural, regional and remote parts of Australia. One outcome, reiterated many times, is the need to address the underlying needs of young people whether related to safe and suitable housing (including bail accommodation), substance abuse, their needs as victims of family violence or educational re-engagement. Read more. The Law Council would like to thank all those who have made submissions so far. Consultations for the Justice Project are closing soon, so it’s not too late to have your say.
We've created an easy online submission form, which you can access here.
Submissions close 30 September 2017. If you would like any further information about the Justice Project or require assistance please don’t hesitate to contact the Justice Project team by phone (02) 6246 3788 or email.
Major family law review welcome, but significant funding required for meaningful reform
The Law Council has given a strong welcome to the family law system review, but will continue to aruge that meaningful and lasting reform will require significant court and legal assistance funding.
The Australian Law Reform Commission (ALRC) is tasked by the Attorney-General Senator George Brandis QC to undertake the review.
Law Council of Australia President, Fiona McLeod SC, said the Law Council looked forward to contributing to the review, which will cover a range of issues that have been of serious concern to the legal profession for many years. Read more.
Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017
On 20 September 2017, the Law Council provided a submission to the Senate Standing Committee on Legal and Constitutional Affairs’ inquiry into the Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017. The Bill seeks to require the Minister to disclose sponsor sanction information and allow the Department to use tax file numbers to obtain information to engage in sponsor monitoring and compliance activities. The Law Council’s submission addressed procedural fairness and privacy concerns. UN Special Rapporteur Country Report
On 20 September, Victoria Tauli-Corpuz, the UN Special Rapporteur on the Rights of Indigenous Peoples, presented her Country Report on her visit to Australia to the UN Human Rights Council. The Report highlighted the high rates of incarceration of Aboriginal and Torres Strait Islander peoples and the abuse and mistreatment of young Aboriginal and Torres Strait Islander people in custody. The Report provided more than fifty recommendations for state and federal governments. The Report is available here. Equitable Briefing Policy Guidelines
Adoptees of the Law Council’s Equitable Briefing Policy are reminded that annual reports are due to the Law Council by 30 September. The Law Council has developed an online portal in response to feedback to improve the efficiency of the reporting process, enabling organisations and counsel to provide their annual report directly to the Law Council following the end of each financial year. The online forms are available to access via the Policy webpage on the Law Council website. Please see the Reporting Template and Guidelines for further information. The Law Council will collate data provided and produce a final report of figures for publication by 30 November 2017. Data will be aggregated and published information will not disclose identifying information. Cyber security awareness campaign
Stay Smart Online Week, which runs from 9 to 13 October, is a national awareness initiative by the Australian Government that puts online security in the spotlight, and reminds us all to set aside some time to focus on the important but easy steps that we can take to stay safe online. Learn more here.
Consultation Roundtable on Modern Slavery
On 22 September 2017, the Law Council attended the Consultation Roundtable on Modern Slavery in Supply Chains Reporting Requirement, hosted by the Attorney-General’s Department in Canberra. The purpose of the roundtable was to discuss the government’s proposal to introduce reporting requirements for businesses of a certain size regarding modern slavery risks in their supply chains, as set out in a recently published Discussion Paper. The Law Council supports the introduction of reporting requirements and will be making a submission on the discussion paper, having previously made a submission to and given evidence to the on-going parliamentary inquiry into Establishing a Modern Slavery Act in Australia. Australian Young Lawyers' Conference and National Golden Gavel
The 2017 Australian Young Lawyers' Conference and National Golden Gavel Final will be held on Friday 20 October. This annual event is presented by the LCA's Young Lawyer Committee, in association with the NSW Young Lawyers, and supported by the Law Society of NSW. Registrations are closing soon. Register here. Elder Abuse: Legal, Regulatory and Policy Challenges
The Macquarie Law Journal is seeking contributions for its upcoming special edition on the theme “Elder Abuse: Legal, Regulatory and Policy Challenges”. Submissions of articles from academics, researchers, practitioners and students on all matters relating to elder abuse are due by Friday 23 February 2018. Articles should be between 8,000 and 10,000 words in length, although shorter papers may be considered. Case notes, reports on recent developments and book reviews should be approximately 2,000 words in length. References and footnotes are not included in the above word counts. For inquiries about the special edition please contact the Editor at ilija.vickovich@mq.edu.au. Elder
abuse and broader access to justice issues experienced by older Australians, such as challenges accessing legal aid assistance, grandparenting issues, and the lack of specialist legal services for older Australians, are covered in the Older Persons Justice Project paper.
InternationalLAWASIA Annual Conference
From 18 – 21 September 2017, President, Fiona McLeod SC, Chief Executive Officer, Jonathan Smithers, and Director International, Margery Nicoll attended the 30th LAWASIA Annual Conference in Tokyo. The Conference gravitated around the theme of ‘Big Leap through the Rule of Law – LAWASIA Legacy and Future Role’. President McLeod SC presented on the development and future of legal aid in Australia. Elections were held at the Council Meeting. Christopher Leong (Malaysia) was inaugurated as President. Chunghwan Choi (Korea) was chosen for the position of President-Elect.
(President McLeod SC and JFBA President Nakamoto with delegates following their meeting.)
IBA Annual Conference
Day registration has been negotiated by the IBA Host Committee, and is now available to Australian based delegates. This is an IBA first! Day registration will allow delegates to attend the conference for one day for a rate of £385 (including GST). Pre-registration is not required, delegates sign up on the day at the Conference registration desk. Delegates are also encouraged to attend the Rule of Law Symposium on Friday 13 October (no additional charge). The IBA is the largest gathering of the legal profession in the world – and this year it will be held at the Sydney International Convention Centre. This is a once in a lifetime opportunity for Australian lawyers. Notable speakers already
confirmed include: - Chief Justice Susan Kiefel, Australia's first female Chief Justice
- The Hon. Michael Kirby, former Justice of the High Court of Australia
- Mary Gaudron QC, first female justice of the High Court of Australia
- Dame Quentin Bryce AD, CVO, first female Governor-General of Australia (2008-2014)
- The Hon Bruce Billson MP, member of the Australian House of Representatives
- The Hon Mark Speakman, SC, MP, Attorney General of New South Wales
- The Hon Linda Burney, first Aboriginal woman to serve the Australian House of Representatives
- Emeritus Professor Rosalind Croucher AM, President of the Australian Human Rights Commission
- Fiona McLeod SC, President of the Law Council of Australia
- The Hon John Howard OMAC, former Prime Minister of Australia
- Dr Robert Gates, former United States Secretary of
Defense.
- Julian Assange, Founder of WikiLeaks
- Ambassador Michael Froman, former US Trade Representative
- Pavlo Petrenko, Minister of Justice of Ukraine
AdvocacyCurrent inquiries and consultations - as of 27 September 2017.
- CP 294 The sale of add-on insurance and warranties through caryard intermediaries, Australian Securities and Investments Commission.
- The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyber-bullying, Senate Standing Committee on Legal and Constitutional Affairs.
- Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017 [provisions], Senate Standing Committee on Economics.
- Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017, Senate Standing Committee on Economics.
- Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017 and the Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017, Senate Standing Committee on Economics.
Public consultation on several Intellectual Property (IP) matters, IP Australia. Review of Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969 (Business Law Section, Intellectual Property Law Committee, Barba Wallner) The integrity of the water market in the Murray – Darling Basin, Senate Rural and Regional Affairs and Transport References Committee. Litigation Funding and Group Proceedings: Consultation Paper, Victorian Law Reform Commission. Law of Contempt, Senate Standing Committee on Legal and Constitutional Affairs. Modern Slavery in Supply Chains Reporting Requirement – Public Consultation, Attorney General’s Department Minister for Justice. - Review of the 'declared area' provisions, Parliamentary Joint Committee on Intelligence and Security.
- Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime, Parliamentary Joint Committee on Intelligence and Security.
- Inquiry into establishing a Modern Slavery Act in Australia, Joint Standing Committee On Foreign Affairs, Defence And Trade: Foreign Affairs and Aid Sub-Committee.
- Indigenous incarceration, Australian Law Reform Commission.
Media release: Key Coverage: - “'Outdated' family law faces overhaul”, The Australian, 28 September 2017.
- “Historic family law review to start in October”, Northern Territory News, 28 September 2017.
- “Family law overhaul 'overdue'”, Geelong Advertiser, 28 September 2017.
- Interview with Fiona McLeod SC on Radio National AM program, 28 September 2017, discussing the review into the family law system.
- Interview with Fiona McLeod SC on ABC Radio Sydney, ABC Radio Melbourne, ABC Radio Adelaide, ABC Radio Canberra, ABC Radio Darwin, 2GB Sydney, 2CC Canberra, 4BC Brisbane, 7LA Launceston, discussing the review into the family law system
- “Lawyers and children's advocates welcome Family Court review”, ABC online, AM Program, 28 September 2017.
- “Review into 'painstakingly slow, prohibitively expensive 'family law system announced”, ABC Online, 28 September 2017.
- “Fact check: Is Australia in breach of its UN anti-corruption obligations?”, ABC online, 28 September 2017.
- “First comprehensive review of the Family Law Act”, Media release form Senator The Hon George Brand AC, 27 September 2017.
- Interview with Fiona McLeod SC on ABC Radio Mildura, 27 September 2017, discussing the Justice Project and legal aid.
- News program, A-PAC, Sydney, Legal and Constitutional Affairs Legislation Committee, 20 September 2017, mentioning the Law Council and discussing the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017 (Provisions).
- “New rules for postal vote adverts”, Northern Daily Leader, 21 September 2017.
- “Silk picked to monitor
national security laws”, Lawyers Weekly, 19 September 2017.
- “Millions of Australians frozen out of the justice system”, InDaily, 18 September 2017. Op-ed by Morry Bailes.
- “Turnbull government urged to move swiftly on proposed whistlelower laws”, WA Today, 4 September 2017.
- “LCA backs recommendation for Whistleblower Protection Authority”, Lawyers Weekly, 15 September 2017.
EventsUpcoming events 2017 2018
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