Judicial impartiality critical to procedural fairness
The Law Council welcomed the recommendations of the Australian Law Reform Commission’s review of the laws relating to impartiality and bias, which call for some significant changes the Council has long been advocating for.
In particular, the Law Council was pleased the ALRC recommended a Federal Judicial Commission. The Law Council believes a standalone Commission will play a critical role in supporting judicial impartiality and public confidence in the administration of justice.
The Law Council is calling for the Government to support the establishment of a Federal Judicial Commission, to establish a consultation process regarding its design, and to ensure that it is adequately resourced to enable it to carry out its functions efficiently and effectively.
AAT and NDIS appeals
The Law Council of Australia was pleased to see Communiques published following the most recent Disability Reform Ministers’ Meetings committed to review and improve the operation of the National Disability Insurance Scheme (NDIS) and reduce the number of appeals of decisions by the National Disability Insurance Agency (NDIA) to the Administrative Appeals Tribunal (AAT).
These undertakings, as well as recent media report that the Government will prioritise introducing a new alternative dispute resolution (ADR) system for NDIS participants to challenge cuts to their funding, are welcomed by the Law Council.
However, the Law Council believes additional issues which require attention include inequality in resourcing for NDIS appeals litigation; the inability of the AAT to appoint a litigation guardian for incapacitated applicants; and personal debt recovery occurring against NDIS participants where an overspend on their plan has arisen.
Australian and New Zealand Standard Classification of Occupations
The Law Council provided a submission to the Australian Bureau of Statistics regarding the changes it proposes to its management of the Australian and New Zealand Standard Classification of Occupations (ANZSCO). ANZSCO occupation classifications presently form a fundamental underpinning of the Skilled Visa framework under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth). As presently employed, these classifications determine who may be able to apply for a skilled visa, the priority with which their visa application will be processed, and whether they can apply for permanent residency.
The Law Council has previously made submissions which raise concerns about how ANZSCO is maintained and employed in the skilled migration context; specifically that ANZSCO is a static document that is not agile or adaptable to the realities of evolving labour trends, particularly in the technology industry.
The Law Council submitted that the ABS proposals to increase the frequency of reviews, invite more regular public consultation, ensure occupations are self-contained, and consider a wider range of sources to inform updates, will all assist to improve the utility of ANZSCO going forward.
The Law Council understands that, separately, a comprehensive update to the ANZSCO will commence from July 2022. The Law Council anticipates that there will be the opportunity to make submissions to that update, and will consult with constituent bodies, Sections and committees if and when that opportunity arises.
Tom Yuncken Australian Young Construction Lawyer Award
The Business Law Section is calling for nominations for the 2022 Tom Yuncken Australian Young Construction Lawyer Award. Nominations close 4.00pm AWST, Friday 7 October 2022.
For more information about the award, visit the Law Council website.
LCA Submissions
Recently published Law Council Submissions.
- Review of the Australian and New Zealand Standard Classification of Occupations, Australian Bureau of Statistics
Inquiries and consultations
As of 12 August 2022.
- Stage 2 Reform of the Disability Standards for Accessible Public Transport 2002 - Department of Infrastructure, Transport, Regional Development and Communications
- Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 – Parliament of Australia (aph.gov.au), Senate Education and Employment Legislation Committee
- Inquiry into matters relating to work and care in Australia, Senate Select Committee on Work and Care
- Interoperability pricing for Electronic Lodgment Network Operators - Issues Paper, Interoperability Pricing and Regulatory Tribunal (NSW)
- Remake of ACNC Regulations, The Treasury
- Aged Care Amendment (Implementing Care Reform) Bill 2022 [Provisions], Senate Standing Committees on Community Affairs
- 2022 Joint Costs Advisory Committee inquiry, Federal Circuit and Family Court of Australia
- Consultation paper on conditional costs agreements, Legal Services Council
- Transitional arrangements for ESS, ASIC
- Aboriginal and Torres Strait Islander Visual Arts and Crafts, Productivity Commission
Upcoming Events
LAWASIA Alternative Dispute Resolution Conference
9-10 September 2022 Denarau, Fiji
LAWASIA, in association with the South Pacific Lawyers’ Association, the Commonwealth Lawyers Association, the International Law Section of Law Council of Australia and the Fiji Law Society, is pleased to invite members and legal professionals to attend the LAWASIA ADR Conference to be held in Fiji from Friday 9 to Saturday 10 September 2022.
Join leading international and local experts as they share thematic insights on topics such as International Commercial Arbitration and the Singapore Convention on Mediation, as well as their views on recent ADR developments.
As a conference bonus, registered delegates are entitled to attend an interactive workshop on 9 September 2022, at which international experts will provide an overview of essential ADR theory and key issues. This is intended as both an introduction for those with limited experience in the area of ADR, and a refresher for more experienced practitioners, with a view to equipping delegates to obtain maximum benefit from the main program.
For more information and to register, visit https://lawasiafiji2022.com/
Migration Law Seminar
The Migration Law Committee from the Federal Litigation and Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers.
The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience. Register now via https://www.lawcouncil.asn.au/event/migration-law-seminar
Immigration Law Conference 2023
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 17-18 March 2023 in Sydney and online. The conference will be conducted over two days and will canvass current issues in Australian immigration law. https://www.lawcouncil.asn.au/event/immigration-law-conference-2023
