Lack of action to raise the age

Children as young as 10 are still to be considered criminally responsible, following the decision by the Council of Attorneys-General to defer the proposal to raise the age of criminal responsibility for at least twelve months.

While the decision is disappointing, and the welfare of children in the juvenile justice system at stake, it provides the legal profession and others in civil society with the opportunity to liaise with government to formulate a workable policy framework for non-criminal, therapeutic diversion options for 10 to 14 year olds. Read more.

Statement on Family Court Bomber
More than three decades have passed since a campaign of death and destruction was waged against the Family Court and its judges, and family lawyers. Read more.

Nationally consistent power of attorney laws key to mitigating elder abuse
Enhancing protections relating to the use of enduring power of attorney instruments (EPOAs) is a welcome priority for the Council of Attorneys-General and significant focus should be given to creating nationally consistent laws, according to the Law Council of Australia. Read more.

The BLS Report podcast
Episode Two of the BLS Report podcast is now available. This Episode provides a clear analysis of the temporary relief measures for insolvent entities and their directors adopted by government in response to the pandemic. BLS members can listen to the episode here.

ILS International Law and Practice Course
Lecture One: Rule of Law Issues in the South Pacific
The ILS hosted its first International Law and Practice Course lecture for 2020. The lecture featured the Hon. Michael Kirby AC CMG, the Hon. Justice Martin Daubney AM, and Dr Gordon Hughes AM as guest speakers who discussed the topic ‘Rule of Law Issues in the South Pacific’. ILS members can watch the lecture here.

2020 John Koowarta Scholarship Round open
Applications for the 2020 John Koowarta Reconciliation Law Scholarship are still open. The Scholarship is available to Aboriginal and Torres Strait Islander students enrolled in an approved course of study for admission as a legal practitioner in Australia. Applications close 8 September 2020. For further information or to apply visit the LCA website.

Advocacy

Inquiries and consultations as of 29 July 2020.

Refresh of the Commissioner's Interpretation Statement: Housing, Australian Charities and Not-for-profits Commission.
Refresh of the Commissioner's Interpretation Statement: Public Benevolent Institutions, Australian Charities and Not-for-profits Commission.
Inquiry into family, domestic and sexual violence, Parliamentary House of Representatives Standing Committee on Social Policy and Legal Affairs.
Inquiry into the human rights of women and girls in the Pacific, Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability – Criminal Justice System Issues Paper, Royal Commission.
Review of the current CPD requirements for lawyers in Victoria, Victorian Legal Services Board and Commissioner.
Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia, Parliamentary Joint Standing Committee on Northern Australia.
Review of AFP Powers, Parliamentary Joint Committee on Intelligence and Security.
Review of ‘Declared Areas’ Provisions, Parliamentary Joint Committee on Intelligence and Security.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - First Nations People with Disability issues paper, Royal 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.
Elimination of Racial Discrimination (CERD), Attorney-General's Department.
Review of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth), Parliamentary Joint Committee on Intelligence and Security (Supplementary Submission).
Litigation funding and the regulation of the class action industry, Parliamentary Joint Committee on Corporations and Financial Services (Supplementary Submission).
2020-21 Pre-Budget Submissions, The Treasury.
Review of Managed Investment Schemes Uniform General Rules 91A-91D: Revised Guidance Material, Legal Services Council.
An Investigation into the effectiveness of ATO communications of taxpayers' rights to complain, review and appeal, Inspector-General of Taxation.

News and Media

Media releases and statements:

Litigation funding for class actions promotes access to justice, but contingency fees are problematic, 29 July 2020.
Law Council President, Pauline Wright, statement on lack of action to raise the age,
28 July 2020.
Nationally consistent power of attorney laws key to mitigating elder abuse, 24 July 2020.
Law Council President, Pauline Wright, statement on Family Court Bomber, 24 July 2020.

Key coverage:

The push to raise Australia's minimum age of criminal responsibility, ABC online, 27 July 2020.
Australian states agree to overhaul of 'outdated' defamation laws, The Guardian, 27 July 2020.
Democracy threat comes from within, Sydney Morning Herald, 27 July 2020.
'Prison is no place for a child': Australia to discuss raising the age of criminal responsibility, SBS, 26 July 2020
A 30-year 'ill-kept secret' exposed after justice served to the family court bomber, ABC online, 24 July 2020.
Ten-year-olds do not belong in detention. Why Australia must raise the age of criminal responsibility, The Conversation, 23 July 2020.
Push to raise age of criminal responsibility, Sydney Morning Herald, 21 July 2020.
New Independent National Security Legislation Monitor appointed, Lawyers Weekly, 20 July 2020.
LCA works with Federal Courts for seamless post-COVID transition, Lawyers Weekly, 20 July 2020.