Rule of law focus as legal
year opens in Asia
Caption: Thomas So, President, Law Society of Hong Kong, and Morry Bailes, President, Law Council of Australia.
"When justice is denied to some, we are no longer the democracy we want to be. We need to maintain the fabric of a truly democratic society and, for that we rely on the law.
No person should be left out of the justice system, if that is gone then we are in perilous waters.” Law Council of Australia President, Morry Bailes told a strong and attentive audience at a Symposium on Constitutional Law in Malaysia recently... Read more here.
Secrecy of information, treason, espionage and sabotage target of new Bill
The Law Council has prepared a submission to the Parliamentary Joint Committee on Intelligence and Security on the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017. The Bill seeks to amend and introduce offences in the Criminal Code Act 1995 (Cth) that target the activities of foreign actors, and those acting on their behalf, who seek to work against Australia’s interests through a variety of means, including by obtaining classified information or seeking to influence the outcome of Australia’s democratic process. The Bill, if enacted, would make significant changes to a range of Commonwealth criminal offences, including (but not limited to) creating
new offences for treason, espionage, foreign interference, sabotage,..Read more here. Home Affairs Bill
On 22 January 2018,the Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security for their inquiry into the Home Affairs Bill. The Bill was introduced to Parliament on 8 December, and follows the establishment of the new Home Affairs portfolio. The Bill makes changes relating to the Attorney-General’s oversight of intelligence, security and law enforcement agencies. The concerns the Law Council raised in the submission including that a conflict of interest may arise from the amendment which would allow the Attorney-General to have oversight of the Inspector-General of Intelligence and Security (IGIS), while at the same time retaining powers to issue
warrants whose legality and proprietary is determined by the IGIS. Make your workplace more flexible
The Law Council recently published a webpage on flexible workplaces in the legal profession, which provides tips and resources to assist workplaces in developing flexible workplace policies, and translating these policies into practice. The webpage includes information on what flexible workplace arrangements are, employer responsibilities and examples of flexible working arrangements. Part of the Law Council’s ongoing efforts towards achieving inclusion and diversity in the legal profession, webpages have also recently been published containing information and resources around making your legal practice LGBTI+-friendly and address bullying and harassment in the workplace.
Foreign Influence Transparency Scheme Bill 2017
On 22 January 2018, the Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security in response to proposed measures intended to promote transparency about the forms and sources of foreign influence in Australia. In its submission, the Law Council noted its support for the policy intent of the measures, however raised several concerns with the proposed implementation. A key concern for the Law Council was the broad reach of the scheme, creating the potential for onerous registration and reporting obligations for a range of organisations and individuals beyond the intended targets of the measures. The Law Council submitted that the measures as introduced may
result in a chilling of otherwise legitimate and constructive advocacy and public debate, an outcome inconsistent with principles of free speech and the implied right of free political and governmental communication. ILS International Law and Practice Course 2018
Would you like to learn more about the practice of international law? The International Law Section is holding a course in 2018 consisting of ten lectures which will address questions you might encounter in practice, such as how to draft arbitration and choice of law clauses; how to deal with international sales of goods and CISG problems; how does the WTO work and more. The inaugural lecture is free to attend and will be delivered by the Hon. Michael Kirby AC CMG,on an ‘Introduction to International Law’. Read more here. Calling for nominations
Nominations for the LEAP Migration Manager John Gibson AM Award for the Young Australian Migration Lawyer of the Year and the Outstanding Contribution to Immigration Law Award are still open. Nominations close 5pm, 31 January 2018.
Media release: Key Coverage: - Debate rises over Victorian judiciary attack, Lawyers Weekly, 24 January 2018.
- Fear 'rushed' foreign influence bill will harm freedom of
speech, The Guardian, 23 January 2018.
- American lobbyists, universities hit back at foreign influence bill, WA Today, 22 January 2018.
- Anti-judge rhetoric a danger to democracy, InDaily, 18 January 2018, op-ed by Morry Bailes.
- Interview with Morry Bailes on ABC Radio Canberra, ABC South East NSW Bega, ABC News Melbourne,
ABC Radio Melbourne, ABC Newscastle, ABC Radio Sydney, discussing separations of power and the attacks by politicians on Victorian judges is eroding public confidence in the justice system.
- Lawyers lash out over latest Dutton attack, Lawyers Weekly, 17 January 2018.
- Judge retreats on ridicule of Dutton, The Australian, 17 January 2018.
- Interview with Morry Bailes, on Radio National, 16 January 2018, discussing the comments made by Dutton about Victorian Judges and the rule of law.
- Legal body says rule of law threatened after Dutton's criticism of judiciary, The Guardian, 15 January 2018.
- Interview with Morry Bailes, on 3AW Melbourne, 15 January 2018, discussing the rule of law.
- Aus must project ‘single arbitral face to the world’, Lawyers Weekly, 9 January 2018.
- Facebook calls for new Australian cyberbullying laws only as last resort, AFR, 5 January 2018.
Upcoming events 2018 For more events and information, visit the Law Council's event page.
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