The Federal Budget 2023-24
On 9 May 2023, Law Council of Australia President, Mr Luke Murphy, attended Parliament House and addressed the media in response to the Federal Budget. Mr Murphy noted that the Law Council acknowledges the significant contribution that has been announced to ensure the ongoing funding of the Family Violence Prevention Legal Service, which provides culturally aware services to Aboriginal and Torres Strait Islander victims. However, there was a missed opportunity to further fund the legal assistance service sector, especially when times are tough for Australians given the current economic climate.
“The Budget fails to recognise the fundamental role of legal assistance services in supporting Australians when crisis hits,” Mr Luke Murphy said.
The Law Council notes the Government’s previously announced commitment to provide $63.4 million over two years from 2023–24 to appoint additional full-time members to address the backlog of cases in the Administrative Appeals Tribunal ahead of the establishment of a new administrative review body.
However, the Government has not provided additional funding to the Federal Circuit and Family Court to complement this measure. This creates the significant risk that this backlog will be shifted to the already under-resourced court system.
Read more here.
Meeting with Emeritus Prof. Rosalind Croucher AO
On 12 May 2023, Law Council President, Mr Luke Murphy, met with Emeritus Prof. Rosalind Croucher AO, President of the Australian Human Rights Commission, to discuss a wide range of human rights issues, including the National Human Rights Framework review, implementation of the Respect@Work Report and the Modern Slavery Act Review. The Law Council looks forward to ongoing collaboration with the Australian Human Rights Commission.
Inquiry into Migration, Pathway to Nation Building
On 12 May 2023, a panel of expert witnesses appeared before the Joint Committee on Migration, to give evidence on behalf of the Law Council of Australia, in relation to the Committee’s inquiry – Migration, Pathway to Nation Building. Specifically, the Law Council was represented by members of the Migration Law Committee of its Federal Dispute Resolution Section – Chair, Mrs Valerie Pereira; Deputy Chair, Mr Chris Spentzaris; and member, Ms Lena Hung – and Mr Matt Wood, Principal Policy Lawyer in the Law Council’s Policy Division.
The Law Council’s appearance at the parliamentary hearing followed its comprehensive submission to the Committee, dated 31 March 2023.
This submission, which drew on a number of substantive contributions from Constituent Bodies, made several substantive recommendations underpinned by the following reform principles:
(a) there should be identifiable pathways to permanent residence for visas in the GSM and employer sponsored visa programs;
Read more here.
A new system of Federal Administrative Review
On 12 May 2023, the Law Council lodged a submission to the Attorney-General’s Department in response to an Issues Paper on Administrative Review Reform. The comprehensive Issues Paper set out 67 consultation questions on the design of a new federal administrative review body in the context of the forthcoming abolition of the Administrative Review Tribunal (AAT).
The Law Council’s submission provides responses to each of the consultation questions, emphasising the importance of an administrative review body that is accessible, efficient, and independent. The submission can be found here.
Key points made within the submission include:
- Accessibility, independence and impartiality must underpin all aspects of the new body. The new body must also prioritise rigorous and accurate decision-making, and most importantly, fairness.
- The re-establishment of an adequately funded Administrative Review Council (or similar body) is strongly supported and should aim to be an appropriate mechanism for the facilitation of ongoing, objective and apolitical review of the performance and integrity of Australia’s administrative review system.
Read more here.
LCA Submissions
Recently published Law Council Submissions.
- Supplementary Submission - Inquiry into the Aboriginal and Torres Strait Voice Referendum, Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.
- A new system of federal administrative review, Attorney-General's Department.
Inquiries and consultations
As of 19 May 2023
- Family Law Amendment (Information Sharing) Bill 2023, Senate Legal and Constitutional Affairs Committee.
- Family Law Amendment Bill 2023, Senate Legal and Constitutional Affairs Committee.
- Review of post-sentence terrorism orders: Division 105A of the Criminal Code Act 1995, Parliamentary Joint Committee on Intelligence and Security.
- Review into philanthropic giving, Productivity Commission.
- 2023 Workplace Reform Consultations, Department of Employment and Workplace Relations.
- Plant breeder’s rights reform, IP Australia.
- Review of Secrecy Provisions, Attorney-General's Department.
- Digital Assets (Market Regulation) Bill 2023, Senate Standing Committees on Economics.
[202309] Tax treatment of crypto assets, Australian Taxation Office.
The operation of Commonwealth Freedom of Information (FOI) laws, Senate Legal and Constitutional Affairs Committee.
Greenwashing, Senate Standing Committees on Environment and Communications.
Modernising Australia's anti-money laundering and counter-terrorism financing regime, Attorney-General's Department.
- Inquiry into Australia's Human Rights Framework, Parliamentary Joint Committee on Human Rights.
News and Media
Media releases/statement:
Key media articles:
- 'Legally sound': Council, South Eastern Times, 18 May 2023.
- Budget provides ‘positive outcome' for family law matters, Lawyers Weekly Australia, 17 May 2023.
- Leadership needed on corporate law reform, The Australian, 16 May 2023.
- Law Institute of Victoria backs First Nation Voice, Gippsland Times & Maffra Spectator, General News, 12 May 2023.
- Secret report on terrorist assessment reveals problems, Yarrawonga Chronicle, 12 May 2023.
Upcoming Events
The Law Council of Australia, along with the Australian Pro Bono Centre and the Queensland Law Society invite you to attend the 8th National Access to Justice & Pro Bono Conference. The conference will be held on 21–23 June 2023 in Brisbane.
A two-day program will explore the various challenges and opportunities associated with enhancing access to legal services and pro bono work, with plenaries and four session tracks to choose from, including a focus on pro bono matters, family and relationship law. Hear from leading speakers on critical and current access to justice issues facing Australians.
For more information about ticket prices visit the event website here.
Public interest in artificial intelligence has exploded following release of numerous publicly available generative artificial intelligence tools such as ChatGPT. It is important committee members of the LCA understand the technology, risks, and legal and ethical issues arising from artificial intelligence (and more specifically generative AI), given they will increasingly be asked to engage on the topic.
The BLS' Digital Commerce Committee and Intellectual Property Committee will be hosting a series of lunchtime webinars available to members across the BLS & LCA to explore foundational and more specific risks/legal issues relating to artificial intelligence.
For more information and register here.
The Legal Practice Section's Australian Consumer Law Committee, will be hosting another exciting ‘Consumer Rights Forum’ in Brisbane and by webinar. This year's topic is "Natural Disaster Insurance: The Real Cost".
Limited number of tickets available with complimentary entry, registrations close Tuesday, 11 July 2023, unless sold out prior. Learn more and register here.
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 11th Mahla Pearlman Oration on 20 July 2023 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. Learn more and register here.
The Immigration Law Committee from the Federal Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers in the Gold Coast.
The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience.
In-person registrations is now open, and close COB Friday, 13 October 2023. Learn more and register here.
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 22 - 23 March 2024. The conference will be conducted over two days and will canvass current issues in Australian immigration law.
If you would like to be placed on the mailing list for this event, please contact the Section Administrator on the details below. Registrations will open mid to late 2023. Learn more here.
LAWASIA and the Sabah Law Society are very pleased to invite the participation of members and legal professionals at the 12th LAWASIA Employment Law Conference, to be held in Kota Kinabalu (Sabah), Malaysia, from 8 to 10 June 2023.
Registrations are now open! Learn more and register here.
