Australians deserve an independent and adequately resourced administrative review system
The Administrative Appeals Tribunal (AAT) must be independent and adequately funded to ensure it can successfully fulfil its functions and objective to provide merits review of government decisions that impact people’s lives.
“The AAT is a cornerstone of Australia’s administrative law system,” Law Council of Australia President, Mr Tass Liveris said. “However, we have concerns that Australia’s current administrative law system, including the AAT, is not functioning optimally."
This week, the Senate Legal and Constitutional Affairs References Committee reported that it would rely on its substantive interim report into Australia’s administrative review system.
The Law Council supports the recommendations by the majority of the Committee as they relate to the need for a more robust process for the appointment of members to the AAT and the re-funding of the Administrative Review Council.
2022 Australian Young Lawyer Awards
The 2022 Australian Young Lawyer Awards are now open. The awards aim to encourage and foster young lawyer organisations to establish programs for the benefit and assistance of the profession and the community, and to recognise and reward the achievement and contributions of individual lawyers.
To nominate a young lawyer or young lawyer organisation, head to our website
CDO regime should not be extended
People should not be detained based on a prediction they might commit a future offence, the Law Council of Australia has told the Independent National Security Legislation Monitor (INSLM) today.
Speaking at the INSLM’s public hearing on its Review of Division 105A of the Criminal Code Act 1995 (Cth), the Law Council has reiterated that detention should be imposed only as a criminal sentence following a person’s conviction of an offence.
“What is under consideration is whether someone sentenced for a terrorist act can be kept in jail beyond their criminal sentence, perhaps indefinitely, based on a perceived risk that they might commit a further terrorist offence sometime in the future,” Law Council of Australia President, Mr Tass Liveris explained.
“This is a very slippery slope, and the Law Council is not aware of any empirically validated methodology which would help courts and judges accurately assess this risk.”
The Law Council’s position remains that continuing detention orders (CDO) are not a necessary or proportionate response to the threat of terrorism and should not be renewed beyond their current sunset date of 7 December 2026.
The BLS Report Podcast - Episode 10: Business Ethics: Private and public regulation
In the tenth episode of the BLS Report, Professor Jeremy Moon, Chair of Sustainability Governance at Copenhagen Business School, and Mr Tim Bednall of King & Wood Mallesons, discuss the positive and negative influence of corporations in setting the rules of the game for corporate behaviour.
To listen to this and previous episodes click here
LCA Submissions
Recently published Law Council Submissions. ·
National Data Security Action Plan Discussion Paper - Department of Home Affairs
Quality of Advice Review - The Treasury
Next Steps to improve Australia’s settlement and integration of refugees. - Department of Home Affairs
Positioning Australia as a Leader in Digital Economy Regulation - Automated Decision Making and AI Regulation. - Department of Prime Minister and Cabinet
Section Submissions
Recently published Section Submissions.
- Corporate control transactions in Australia: options to improve schemes of arrangement, takeover bids, and the role of the Takeovers Panel - The Treasury (Business Law Section)
- Crypto asset secondary service providers: Licensing and custody requirements, - The Treasury (Business Law Section)
- Quality of Advice Review - Issues Paper - The Treasury (Business Law Section and Legal Practice Section)
Inquiries and consultations
As of 1 July 2022.
- Electronic Conveyancing National Law – Australian Registrars' National Electronic Conveyancing Council
- Consultation: Online proceedings framework - Fair Work Commission
- Stage 2 Reform of the Disability Standards for Accessible Public Transport 2002 - Department of Infrastructure, Transport, Regional Development and Communications
Upcoming Events
Consumer Rights Forum 2022
19 July 2022
The Legal Practice Section's Consumer Law Committee will be hosting another exciting ‘Consumer Rights Forum’ in Sydney and by webinar.
Mahla Pearlman Oration 2022
27 July 2022
The Legal Practice Section of the Law Council of Australia and the Environment and Planning Law Association of New South Wales will co-host the 10th Mahla Pearlman Oration on 27 July 2022 in Sydney and online.
The Mahla Pearlman Oration honours the memory of the late Honourable Mahla Pearlman AO, the former Chief Judge of the Land and Environment Court of New South Wales (1992–2003), and former President of the Law Council of Australia (1989–90). The annual event is a tribute to Chief Judge Pearlman’s achievements and inspiration to younger generations of environmental lawyers.
