Draft Commonwealth Integrity
Commission legislation

The Law Council of Australia has long been advocating for the establishment of a Commonwealth Integrity Commission and is pleased that the government has finally released the Exposure Draft legislation.

The Exposure Draft largely follows the model proposed by the government in 2018, and creates a centralised, specialist centre for the investigation of corruption in the public sector by forming two separate divisions – one to oversee law enforcement bodies and the other to oversee the public sector more broadly. Two Deputy Commissioners (one for each of the proposed divisions) would be established under the proposal, alongside the lead Integrity Commissioner. Read more.

LCA National Press Club Address - "No time like the present to protect our human rights"
The Law Council of Australia has long called for, and continues to advocate for an effective legal protection of human rights in Australia at the Commonwealth level. For the first time in 12 years, the existing Law Council policy on a Federal Human Rights Charter has been updated. With COVID-19 impacting upon the human rights of individuals, there is no time like the present to address this gaping hole in Australia’s legal framework.

Law Council President, Pauline Wright, and Professor Andrew Byrnes will address the National Press Club on 18 November 2020. If you wish to attend this event, please contact events@lawcouncil.asn.au. RSVP by COB Monday, 9 November 2020. Spaces are limited.

Public consultation on a proposed Australian Solicitors’ Conduct Rule
The Law Council of Australia invites comments and submissions by 7 December 2020 on a proposal for an Australian Solicitors’ Conduct Rule (Rule 11A – Short-term legal assistance services). Learn more here.

Time to revisit ALRC report to close the justice gap
A panel of Indigenous leaders has called on the necessity for governments to listen to Aboriginal and Torres Strait Islander peoples and have ‘challenging discussions’ if there is ever going to be a drop in their alarming incarceration rates. Read more.

Appointments to the High Court of Australia
The Law Council of Australia congratulates the Honourable Justice Simon Steward and the Honourable Justice Jacqueline Gleeson on their appointments as Justices of the High Court of Australia. Read more.

Release of the Royal Commission into National Natural Disasters Arrangements Report
It is not surprising that the importance of legal assistance in times of emergency features prominently in the Royal Commission into National Natural Disaster Arrangements report, handed to the government last week. As noted in the report, the delivery of legal assistance is a key example of non-government recovery support playing a fundamental role in helping individuals who are adversely affected by natural disasters. Read more.

IBA Mental Wellbeing Survey
The International Bar Association has developed a global project which focuses on addressing mental health in the legal profession around the world. The first phase of the project consists of two global surveys – one for individual lawyers, the other for law firms and other legal institutions, including bar associations, law societies and in-house legal departments. For more information about the project or to participate in the surveys, visit the IBA website.

LCA Submissions

Recently published Law Council Submissions.

Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
National Commissioner for Defence and Veteran Suicide Prevention Bill 2020, Senate Standing Committee on Foreign Affairs, Defence and Trade.
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020, Senate Community Affairs Legislation Committee.
Inquiry into Customary Law and Aboriginality, Northern Territory Law Reform Committee.
National Disability Strategy, Department of Social Services.
Review of the Expensive Commonwealth Criminal Cases Fund, Robert Cornall AO.
Supplementary submission: Inquiry into the Destruction of 46,000 Year Old Caves at the Juukan Gorge in the Pilbara Region of Western Australia, Joint Standing Committee on Northern Australia.
Review of the Lands Acquisition Act 1989 (Cth), Department of Finance.

Section Submissions

Recently published Section Submissions.

Civil Dispute Resolution Regulations 2011, Attorney-General’s Department, (Business Law Section).
Proposal re: Infringement Notice Scheme and Registered Trade Marks, Department of Home Affairs, (Business Law Section).

Inquiries and consultations

As of 4 November 2020.

Inquiry into the Foreign Investment Reform (Protecting Australia's National Security) Bill 2020 and Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020, Parliamentary Senate Economics Legislation Committee.
Treasury Laws Amendment (2020 Measures No.4) Bill 2020, Parliamentary Senate Economics Legislation Committee.
Consultation on the Data Availability and Transparency Bill 2020, Office of the National Data Commissioner.
Inquiry on the future conduct of elections operating during times of emergency situations, Parliamentary Joint Standing Committee on Electoral Matters.
Position Paper on Proposed Regulatory Framework for Interoperability, Australian Registrars National Electronic Conveyancing Council.
Singapore Convention on Mediation – Consultation paper, Attorney-General’s Department.
Review of Part 14 of the Telecommunications Act 1997 – Telecommunications Sector Security Reforms, Parliamentary Joint Committee on Intelligence and Security.
Australia-European Union Free Trade Agreement: Consultation on a Possible New Geographical Indications Right, IP Australia.
Requiring Deductible Gift Recipients (DGRs) to Register as Charities, The Treasury.
Review of Judicial Impartiality, Australian Law Reform Commission
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.
Guidance for digital check-in providers collecting personal information for contact tracing, Office of the Australian Information Commissioner.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
ATO consultation with the Legal Profession, Australian Taxation Office.
Commonwealth Integrity Commission consultation draft, Attorney-General’s Department.
Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.

News and Media

Media releases and statements:

Response to draft Commonwealth Integrity Commission legislation, 2 November 2020.
Release of the Royal Commission into National Natural Disasters Arrangements Report, 30 October 2020.
Data retention legislation needs more work, 29 October 2020.
Response to appointments to the High Court of Australia, 28 October 2020.
We need movement on the Commonwealth Integrity Commission, 26 October 2020.

Key coverage:

New free bushfire legal to help tackle emerging problems, Lawyers Weekly, 6 November 2020.
Clash on effectiveness over Commonwealth Integrity Commission powers, Lawyers Weekly, 4 November 2020.
Federal MPs to face corruption scrutiny, The Australian, 3 November 2020.
Family courts at breaking point as Chief Justice Will Alstergren admits parents face ‘unacceptable delays’, The Australian, 3 November 2020.
Video of baby in airport emerges as UK confirms two women involved in Qatari search scandal, ABC online, 29 October 2020.
This country needs a strong National Integrity Commission, Sydney Morning Herald, 28 October 2020.
Qatar may have legal basis for degrading searches, legal redress unlikely, ABC online, 26 October 2020.
Audit office funding slashed, renewing calls for integrity commission, Sydney Morning Herald, 26 October 2020.

Events

November

12 November 2020 - Privacy Law Seminar 2020
Host: Business Law Section
Time: 12.30 - 1.30 pm
Location: Webinar via Zoom
13 November 2020 - World Masters Webinar Series - Session Three
Host: Legal Practice Section
Time: 9.30 - 10.30 am
Location: Webinar via Zoom
17 November 2020 - ILS International Law and Practice Course 2020 Lecture Five
Host: International Law Section
Time: 5.00 - 6.00pm
Location: Webinar via Zoom
18 November 2020 - LCA Address to the National Press Club - "No time like the present to protect our human rights"
Host: Law Council of Australia
Time: From 11.30am, lunch 12 noon, speakers 12.30pm, concludes 1.30pm
Location: National Press Club, Canberra
RSVP: By COB Monday, 9 November 2020 to events@lawcouncil.asn.au. Spaces are limited.

December

4 December 2020 - Hot Topics in Commonwealth Compensation 2020
Host: Federal Litigation and Dispute Resolution Section
Time: 9.00 am - 1.00 pm
Location: Webinar via Zoom

Draft Commonwealth Integrity Commission legislation