Freedom of Information changes go too far

On the International Day for Universal Access to Information, the Law Council of Australia expressed concern the COAG Legislation Amendment Bill 2021 extends Freedom of Information (FOI) exemptions too broadly and without adequate justification.

In its submission to the Senate Finance and Public Administration Legislation Committee inquiry, the Law Council notes that a key administrative change contained in the Bill is the cessation of the Council of Australian Governments and the establishment of a new intergovernmental body known as the National Cabinet.

Under proposed amendments in Schedule 3 of the Bill, the definition of Cabinet would be amended in the FOI Act so that the National Cabinet is covered on the basis of being deemed to be a Committee of the Commonwealth Cabinet. Read more.

New program to bring more lawyers to the bush
On 22 September 2021, the Law Council of Australia launched its RRR Digital Treechange initiative to increase the recruitment of lawyers in rural, regional and remote (RRR) Australia. The Digital Treechange initiative seeks to attract more lawyers to practice outside CBDs by enabling them to ‘trial’ rural practice from their home. Learn more about the initiative here.

A recording of the launch is available here.

Measured approach to infrastructure security regulation welcomed
The Law Council supports the measured approach recommended by the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to the development and implementation of an expanded regulatory framework for the security of privately owned and operated critical infrastructure assets. Read more.

Urgent action needed to address ageism
The Law Council of Australia is calling for stronger protections for the human rights of older persons, including increased efforts towards an international Convention on the Rights of Older Persons. Read more.

Some concerns remain for the Law Council over ATO draft privilege protocol
The Law Council of Australia remains concerned about aspects of the Australia Taxation Office’s draft legal professional privilege (LLP) protocol which was released for further consultation. “The Taxation Committee of the Law Council’s Business Law Section has been in consultation with the Australian Taxation Office over a proposed set of guidelines for managing claims to LPP in response to information requests from the Commissioner of Taxation,” Law Council of Australia President, Dr Jacoba Brasch QC explained. Read more.

48th Human Rights Council Statements
On 20 September 2021, Law Council President, Dr Jacoba Brasch QC, presented an oral statement before the Working Group on Arbitrary Detention during the 48th session of the United Nations Human Rights Council. The statement was co-sponsored by the International Bar Association’s Human Rights Institute, and expressed concern at the practice of states to unlawfully detain lawyers acting for human rights defenders and political opponents. Read more.

BLS Report Podcast - Episode 7
The latest episode of the BLS Report, Episode Seven: Cyber Security & the Critical Infrastructure Bill, is now available online. The BLS Report is a podcast series dedicated to the late Professor Robert (‘Bob’) Baxt. Listen here.

Law Council submission to the OECD’s Review of the AusNCP
In June 2021, the Law Council, in consultation with its Constituent Bodies and specialist Business and Human Rights Committee, provided a submission to the OECD’s Review of the AusNCP. While the submission welcomed recent efforts by the AusNCP to undertake outreach activities, it identified further opportunities to promote the Guidelines and the role of the AusNCP amongst key stakeholders. Read more.

2021 Australian Young Lawyer
Award Winners

Australian Young Lawyer of the Year

The 2021 Australian Young Lawyer of the Year Award was presented to Ms Kendra Turner. Kendra was admitted to practice in December 2020. She is a member of Corrs Chambers Westgarth’s national Diversity and Inclusion program, through which she has presented locally and nationally on the importance of diversity and inclusion in the workplace.

Kendra is a Management Committee Member of the Society of African Australian Lawyers Inc., a not-for-profit which she helped launch and which aims to improve access to justice in Western Australia, particularly within the African community. She has also worked with the youth-run Indigenous Communities Education and Awareness Foundation and undertaken a secondment to the Aboriginal Legal Services of WA, assisting lawyers in its Civil and Human Rights team.

Watch Kendra’s acceptance speech here.

Read Kendra's interview here.

Australian Young Lawyer Organisation Award

The 2021 Organisation Award was presented to LIV Young Lawyers (YL). LIV YL was recognised for its ‘Young Lawyers Bootcamp 2021’.

The Young Lawyers Bootcamp was held for the first time this year and was designed to address a gap in the support of students from legal study through to practice. It was delivered virtually using interactive technologies.

Over 1,000 people registered across four workshops covering topics including Study and Practice of Law and Reading and Understanding the Law. The Bootcamp highlighted that law students graduate with multiple skills and encouraged lateral thinking on how to use their learning in all expressions of legal practice, including in legal technology, policy, government and education roles.

Watch acceptance speech here.

Read the interview with the LIV Young Lawyers here.

LCA Submissions

Recently published Law Council Submissions.

COAG Legislation Amendment Bill 2021, Senate Finance and Public Administration Legislation Committee.
Strengthening protections against unfair contract terms, Treasury.
Inquiry into the Territories Stolen Generations Redress Scheme Bills, Senate Finance and Public Administration Legislation Committee.

Section Submissions

Recently published Section Submissions.

Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021 (Exposure Draft), Treasury, (Legal Practice Section).
Evaluation of the 2021 foreign investment reforms, Treasury, (Business Law Section).
Introduction of protection for geographical indications in Australia, IP Australian, (Business Law Section).
Improving schemes of arrangement to better support businesses, Treasury, (Business Law Section).

Inquiries and consultations

As of 30 September 2021.

Retirement Income Covenant - September 2021, The Treasury.
Malaysia-Australia Free Trade Agreement, Department of Foreign Affairs and Trade.
Review of the insolvent trading safe harbour, The Treasury.
Consultation on a common pathway for digital execution of statutory declarations and deeds, Department of the Prime Minister and Cabinet.
Aged Care Quality Principles, Department of Health.
Legal Professional Privilege (LPP) Protocol, Australian Taxation Office.
CP 347 Proposed amendments to the prohibition on order incentives in the ASIC market integrity rules, Australian Securities and Investments Commission.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Review of the Foreign Influence Transparency Scheme Act 2018, Parliamentary Joint Committee on Intelligence and Security.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
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.

News and Media

Media releases/statements:

Australian Young Lawyer Awards, 18 September 2021.
Appointment of FCFCOA Deputy Chief Judges, 21 September 2021.
New program to bring more lawyers to the bush, 22 September 2021.
Stolen Generations Redress Scheme must provide just reparations to survivor, 23 September 2021.
Some concerns remain for the Law Council over ATO draft privilege protocol, 23 September 2021.
Measured approach to infrastructure security regulation welcomed, 30 September 2021.
Urgent action needed to address ageism, 1 October 2021.

Key media articles:

LCA launches digital solution to attract more lawyers to rural firms, Lawyers Weekly Australia, 23 September 2021.
Compo payouts 'stolen', Daily Telegraph, 25 September 2021.
Regional lawyer shortage prompts 'try before buy' scheme, 27 September 2021, 4CA AM 846.
Legal pushback on national cabinet secrecy, 7news.com.au, 27 September 2021.
Legal experts blast ‘bizarre legislation’ proposed to shield national cabinet from FoI requests, The Guardian, 27 September 2021.
LCA argues against national cabinet secrecy bill, Lawyers Weekly, 28 September 2021.
Interview with Dr Jacoba Brasch QC on RN Breakfast, 28 September 2021. discussing the COAG Legislation Amendment Bill 2021 extends Freedom of Information (FOI) exemptions too broadly.

Events

Upcoming Webinar for Legal Practitioners on the
AusNCP’s Complaints Process

The Australian National Contact Point (AusNCP) is responsible for promoting the OECD Guidelines for Multinational Enterprises (the Guidelines) and facilitating the resolution of disputes related to their implementation.

The Guidelines are a set of non-binding recommendations addressed by governments to business with respect to responsible business conduct including in relation to disclosure, human rights, employment and industrial relations, environment, anti-corruption, competition and taxation. Companies operating in Australia and Australian companies operating overseas are expected to act in accordance with the Guidelines.

The Law Council has long supported implementation of the Guidelines, in particular the role of the AusNCP in promoting the use of the Guidelines.

This year, the Law Council has continued to engage directly with Treasury-based representatives of the AusNCP to work towards enhancing the visibility of this important mechanism amongst the legal profession.

On Thursday, 21 October 2021 from 5.00pm – 6.00pm AEDT the Law Council will support a webinar for legal practitioners on the AusNCP’s complaints process. The webinar will be presented by Mr John Southalan, AusNCP Independent Examiner, and the AusNCP Secretariat. Please RSVP by email to secretariat@ausncp.gov.au for further details.

A copy of the flyer is available here.

Chief Justices Past and Present: Dispute Resolution - Lecture Three

Join the International Law Section for the third session of the Chief Justices Past and Present: Dispute Resolution Lecture Series – featuring the Hon. Wayne Martin AC QC and Ms Mary Walker OAM as Chair of the session.

The webinar will address aspects of the relationships between different forms of ADR and the civil courts in an Australian context and will compare those relationships to the various mechanisms available for the resolution of international disputes. Learn more here.