Proposed amendments on espionage and foreign interference a positive first step
The Law Council recently expressed concerns at the depth and breadth of the provisions in the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 and Foreign Influence Transparency Scheme Bill 2017 and the unintended consequences that flow from them. The Australian and other media outlets reported today, that the government proposed to introduce amendments to the proposed laws. According to reports, the government proposes to: - Narrow definitions applying to Commonwealth officers to ‘conduct that would cause harm to Australia's interests’, as well as the definitions of harmful information.
- Narrow the offence applied to non-Commonwealth officers to only be applicable to ‘the most serious and dangerous’ conduct.
- Allow journalists to defend their reporting on the basis that they ‘reasonably believe’ it was in the public interest, and not a requirement to prove it was ‘fair and accurate’.
Law Council President, Morry Bailes, said in a general sense the proposed amendments appeared to be a step in the right direction and the government’s intention to narrow some of the critical definitions was something that the Law Council had strongly recommended. Read more.
Legal year opens in top end
The Northern Territory deals with some of the most difficult federal legal issues. Issues such as proper access to justice, over representation of Aboriginal and Torres Strait Islanders in jails along with scarcity and under resourcing of rural, regional and remote areas. Law Council President, Morry Bailes, addressed these issues in his speech when he opened the Northern Territory’s Legal Year last week. Read full speech here. Resources on bullying and harassment in the workplace
The Law Council, in consultation with the Equal Opportunity Committee, have uploaded a new webpage on bullying and harassment in the workplace. The webpage includes information on workplace bullying and harassment law and provides resources to address harassment and bullying in legal practice. The Law Council has also recently finalised other webpages on diversity and inclusion within the legal profession, which contain information and resources around making your legal practice LGBTI+-friendly and flexible workplaces practices. Driving cultural change in the legal profession
The Law Council has been analysing the confidential reports submitted by adoptees of the Equitable Briefing Policy since the reporting period closed in late November 2017. A draft report of outcomes and figures was prepared in December, and was provided to the Law Council’s Equal Opportunity Committee in-confidence for initial review. The Law Council is considering all feedback and working to prepare a final draft in February 2018. All data is aggregated and published information will not disclose any identifying information. Law Council Update Review
The Law Council is currently conducting a review of the Law Council Update. As a valued Law Council Update reader, your feedback is appreciated. Please take a few moments to complete this short survey and tell us what you think.
Current approach to fines exacerbates disadvantage and disproportionately affects vulnerable people, Justice Project finds
As the Justice Project team continues to examine more than 100 submissions and consolidate the notes from the extensive consultations some consistent and strong themes have emerged. Countless case studies have highlighted the real need for access to timely legal advice in preventing small legal problems from snowballing into much larger issues, where debts and fines potentially escalate into criminal law matters. What starts out as relatively minor issues of fines and penalty notices can have real and lasting impacts on people, especially those experiencing economic disadvantage. Read more. Law Council consults on Review of
Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors’ Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council’s Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. Read more here.
The closing date for Submissions is 31 May 2018, which may be lodged here.
GST changes to affect property settlements
The Treasury Laws Amendment (2018 Measures No. 1) Bill 2018 was introduced in the Federal Parliament on 7 February and introduces new arrangements that will require purchasers of new residential premises and new residential subdivisions to withhold the GST on the purchase price and remit it directly to the Australian Taxation Office as part of settlement. If the Bill is passed, changes will begin on 1 July 2018 (contracts entered into before 1 July 2018 will not be affected so long as the transaction settles before 1 July 2020). The Law Council and law society Constituent Bodies are currently working with the ATO and Treasury to ensure the profession is prepared when changes are
enforced.
Inquires and consultations: Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 and related bill, Senate Standing
Committees on Community Affairs. 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. Family Law Amendment (Family Violence and Other Measures) Bill 2018, Senate Legal and Constitutional Affairs Committee. Family Law Amendment (Parenting Management Hearings) 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:
Key Coverage: - New A-G retreats on spy laws, The Australian, 8 February 2018.
- Chrissa Loukas-Karlsson announced as the new ACT Supreme Court judge, Riot ACT, 7 February 2018.
- Senior counsel joins ACT Supreme Court, Canberra Times, 7 February 2018.
- Political attacks on judges weaken democracy, The Age, 6 February 2018, Op-ed by Morry Bailes.
- Attacks on the judiciary by politicians weaken our democracy, SMH, 5 February 2018, Op-ed by Morry Bailes.
- Interview with Morry Bailes on Sky News, 5 February 2018, discussing Labor's suggestion for a National Integrity Commission.
- Interview with Morry Bailes on Sky News, 5 February 2018, discussing the government's proposed foreign interference bill.
- Interview with Morry Bailes on ABC Radio, The World
Today, 2 February 2018, discussing the mental well-being of lawyers and their eating habits.
- Peter Dutton's suggestion for the public to choose judge and magistrate appointments attacked, Daily Telegraph, 2 February 2018.
- Peter Dutton criticised for ‘subjecting judges to quasi-election’, The Guardian, 2 February 2018.
- Give criminals their just deserts with sensible sentencing, The Australian, 2 February 2018.
- 11 Ways Experts Say The Government's New Foreign Donation Laws Will Screw Democracy, Buzzfeed News, 2 February 2018.
- Interview with Morry Bailes on Radio National with Fran Kelly, 1 February 2018, discussing intelligence and espionage laws.
- LCA weighs in on espionage crackdown, Lawyers Weekly, 1 February 2018.
- Interview with Morry Bailes on ABC News 7:30 program and ABC News Evening, 31 January
2018, discussing one of the biggest leaks of government classified material in Australian history.
- Call for Charities to be Exempt From Foreign Influence Transparency Scheme, Pro Bono Australia, 31 January 2018.
- Interview with Morry Bailes on ABC News Evening with Grandstand, Sydney, 30 January 2018, discussing the Parliament's Intelligence and Security Committee hearing on the government's new foreign interference laws.
- Australia Catholic bishops criticise 'foreign influence' laws, BBC, 30 January 2018.
- How Australia’s Espionage Laws Could Silence Whistle-Blowers and Activists, New York Times, January 2018.
- ABA, Property Council want proposed foreign influence rules to be narrowed, AFR, 29 January 2018.
Upcoming events 2018 For more events and information, visit the Law Council's event page.
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