Justice targets back on the agenda
The Law Council has redoubled its call for the Australian Government to create a series of justice targets to end the dis-proportionally high imprisonment rates of Aboriginal and Torres Strait Islander peoples. Incarceration rates of Aboriginal and Torres Strait Islander peoples, have increased by 88 per cent in the last decade, and are nothing short of a national crisis that requires a strong national response. The call for justice targets came on the 10-year anniversary of the Rudd Government’s Apology to Australia’s Indigenous
peoples and one day after the Turnbull Government’s tabling of the 10th Closing the Gap report. Justice targets would help drive change among all Australian governments by outlining clear markers for improvement and create accountability for falling short. Read more.
Attorney-General’s Department national security consultations
On 19 February 2018, Law Council representatives attended a series of consultations being led by the Attorney-General’s Department in relation to the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 and the Foreign Influence Transparency Scheme Bill 2017. During the course of the consultations, the Law Council reiterated the views contained in its written submissions to the Parliamentary Joint Committee on Intelligence and Security that both Bills are in need of considerable amendment prior to enactment. Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017
On 16 February 2018, the Law Council appeared before the Joint standing Committee on Electoral Matters regarding the Bill. The Law Council acknowledged the threat of foreign interference on Australia’s democratic processes but noted concerns in relation to the Bill’s potential impact on the charities and not-for-profit sector. The Law Council also noted two possible constitutional issues in relation to the Bill. The first is the threat to the implied freedom of political communication that will arise through bodies and persons restricting their engagement in public debate so as to avoid the serious burdens involved in being classified as a political campaigner or a third-party campaigner. The second is a potential federalism issue. Unlike the New South Wales legislation which restricts political donations only in relation to state elections, this Bill affects
donations to all political parties in all circumstances, including when the money would go to funding state or territory elections. Legal professional privilege and foreign influence
On 15 February 2018, the Law Council provided a supplementary submission to the Parliamentary Joint Committee on Intelligence and Security regarding the operation of legal professional privilege and the potential interaction with proposed disclosure obligations contained within the Foreign Influence Transparency Scheme Bill 2017. The submission noted that the proposed exemption from registration for lawyers does not reflect the current law as it relates to legal professional privilege, and may in some instances lead to an abrogation of this principle. Law Council Update Review
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LCA attends Senate Committee Hearing on Cyberbullying
On the 9 February 2018, Law Council President-elect, Arthur Moses SC, and Dr Natasha Molt from the Secretariat appeared at the Senate Legal and Constitutional Affairs References Committee for the inquiry into the adequacy of existing offences in the Commonwealth Criminal Code and of state and territory laws to capture cyberbullying. In his opening statement Mr Moses acknowledged the recent teenage deaths as a result of cyberbullying, and the need to ensure appropriate protective and deterrent mechanisms are in place. Mr Moses submitted that current criminal laws adequately criminalise conduct, and advocated for the use of other tools such as education, victim support, early intervention and
prevention and civil avenues. Mr Moses’s full opening statement can be read here. Security of Critical Infrastructure Bill
On the 7 February 2018, the Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security for their inquiry into the Security of Critical Infrastructure Bill 2017. The Bill was introduced to Parliament on the 7 December 2017, and introduces two measures to regulate assets across high-risk sectors in response to national security risks of espionage, sabotage and coercion arising from foreign involvement in Australia’s critical infrastructure. The two measures are the creation of a ‘last resort’ Ministerial directions power and the creation of a critical assets register. The Law Council submitted that they are supportive of certain aspects
of the Bill, including safeguards on the Minister’s exercise of the last resort directions power, however expressed concern regarding the scope of the definition of direct interest holder in relation to the creation of a Register, and the threshold for the Minister to exercise the directions power. Inquiry into the impact of new and emerging ICT on Australian law enforcement agencies
On the 6 February 2018, the Law Council provided a submission to the Parliamentary Joint Committee on Law Enforcement for their inquiry into the impact of new and emerging information and communications technology on law enforcement agencies. The Law Council recommended that the Committee should have regard to certain rule of law principles and human rights obligations when considering any expansion of law enforcement capabilities, in particular the rights of privacy and freedom of opinion and expression, security of personal information and client legal privilege. The submission also recommended that the Government release an exposure draft of any proposed legislation on accessing encrypted
material, and additional information about the operation of the National Facial Biometric Matching Capability.
Inquires and consultations: Migration Amendment (Clarification of Jurisdiction) Bill 2018, Senate Standing Committees on Legal and Constitutional
Affairs. Australian Citizenship Legislation Amendment (Strengthening the Commitments for Australian Citizenship and Other Measures) Bill 2018, Senate Standing Committees on Legal and Constitutional Affairs. Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017, Senate Standing Committees on Legal and Constitutional Affairs. Australian Consumer Law Review: ACL
Amendments, Treasury. Inquiry into Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017, Senate Economics Legislation Committee. Amendments to Environmental Protection Regulations 1987 to provide for use of clean fill and uncontaminated fill, Government of Western Australia Department of Water and Environmental Regulation. The operation, regulation and funding of air route service
delivery to rural, regional and remote communities, Senate Rural and Regional Affairs and Transport References Committee. The impact of new and emerging information and communications technology, Parliamentary Joint Committee on Law Enforcement. Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017, Senate Legal and Constitutional Affairs Committee. Review of the Security of Critical Infrastructure Bill
2017, Parliamentary Joint Committee on Intelligence and Security. Review of the early release of superannuation benefits, Treasury. Draft AML/CTF Rules, AUSTRAC. Religious Freedom Review, Department of the Prime Minister and Cabinet. Inquiry into the Quality of Care in Residential Aged Care Facilities in Australia, Legal and Constitutional Affairs Legislation Committee. Reforms to the Native Title Act 1993,
Attorney-General's Department. Closing the Gap, Prime Minister and Cabinet. Review of the family law system, Australian Law Reform Commission. Inquiry into Class Action Proceedings and Third Party Litigation Funders, Australian Law Reform Commission.
Recent submissions:
Media releases: Key Coverage: - Leave family disputes to judges: Law Council calls for Brandis plan to be dumped, The Australian, 23 February 2018.
- Abuse redress plan not a character test, SMH, 20 February 2018.
- Coalition to rethink plan to bar criminals from child sex abuse redress scheme, The Guardian, 19 February 2018.
- Give criminals abuse compo, The Australian, 19 February 2018.
- Interview with Konrad de Kerloy on Radio National, 18 February 2018, discussing money laundering.
- Berejiklian's government must right a great wrong, The Australian, 16 February 2018.
- Secrecy laws too flawed to be fixed, say media groups, Adelaide Advertiser, 14 February 2018.
- LCA warns on consequences of proposed cyber bullying offence, Lawyers Weekly, 13 February 2018.
- New ACT Supreme Court judge revealed, Lawyers Weekly, 12 February 2018.
- LCA welcomes proposed amendments to controversial
espionage laws, Lawyers Weekly, 12 February 2018.
- Coalition backs down on security laws after warnings they could criminalise journalism, The Guardian, 8 February 2018.
- Labor and Greens vote against legislation banning detainees from having mobile phones, The Australian, 8 February 2018.
- Spying laws rewritten to protect media, 9News.com, 8 February 2018.
- Protection for journalists in espionage legislation "won't be strong enough": Andrew Wilkie, ABC online, 8 February 2018.
Kirby stresses importance of international law to new practitioners
The ILS had the pleasure of listening to The Hon. Michael Kirby CMG on 5 February, when he delivered the inaugural lecture for their new International law and Practice Course. Justice Kirby, provided an entertaining and inspiring presentation on how he came to be involved in international law, and how international law inevitably informs the Australian legal system. Justice Kirby spoke about his involvement with United Nations and colourfully portrayed how he managed to climb the ranks in the international legal scene, commencing with his Chairmanship of the OECD Data Privacy Working Group. Read more here. The Hon Michael Kirby AC CMG’s presentation was the first of ten lectures to be delivered in the course. The course’s preliminary outline can be accessed here.
Event wrap up: Immigration Law Conference
The Migration Law Committee from the Federal Litigation and Dispute Resolution Section hosted the Immigration Law Conference in Adelaide. The conference brought together about 190 leading lawyers, barristers, judges, academics and government officials, who practice the ever-changing area of migration law. The conference included the latest trends and hot topics in procedural and substantive areas of migration law including judicial review, cancellations, refugee and business migration, employer sponsored visas and skilled and student visas. At the conference dinner, the 2018 John Gibson AM Young Lawyer Award was presented to Mitch Simmons from MSM Legal / Board Member of Refugee Advocacy Service of South Australia. The Outstanding
Contribution to Immigration Law Award was also presented and was awarded to Sarah Fisher. The Migration Law Committee would like to thank the sponsors, the presenters and the organising committee for all their hard work, dedication and expertise in delivering another informative and educational conference. A special thanks to the Chair of the Migration Law Committee, Mr David Prince and Deputy Chair, Ms Carina Ford, on organising a terrific event.
Upcoming events 2018 For more events and information, visit the Law Council's event page.
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