Small business natural disaster
preparedness and resilience

On 15 February 2022, the Law Council provided a submission to the Small Business and Family Enterprise Ombudsman in response to its inquiry into small business natural disaster preparedness and resilience. With input from the Business Law Section’s SME Committee and the Law Council’s Access to Justice Committee, the submission focused on how legal assistance can be made more accessible for small businesses in the wake of a natural disaster, noting the wide ranging immediate and longer-term legal issues that are likely to arise for small businesses in affected communities.

The Law Council called for greater resourcing to allow legal assistance services to quickly respond to natural disasters, and improved support for practitioners seeking to undertake pro bono work for those affected. Read more.

Reform of Australia’s Electronic Surveillance Framework: Discussion Paper
The Law Council is contributing to a major reform of Australia’s electronic surveillance laws. The Australian Government has accepted recommendations of a major review of the legal framework for the national intelligence community to consolidate and modernise existing Commonwealth legislation regulating the use of surveillance devices, telecommunications interception and remote computer access. Read more.

United Nations ‘Open-ended Working Group on Ageing for the purpose of strengthening the protection of the human rights of older persons’
On 21 February 2022, the Law Council made a submission to the United Nations ‘Open-ended Working Group on Ageing for the purpose of strengthening the protection of the human rights of older persons’ (OEWG). The submission addressed normative content on:

(a) the rights of older persons to work and access the labour market, and
(b) the right of older persons to access justice.

Read more.

Webinar discussion on the United Nations Guidelines for Lawyers in Support of Peaceful Assemblies
On 24 January, the President took part in a webinar discussion on the United Nations Guidelines for Lawyers in Support of Peaceful Assemblies, scheduled to mark the International Day of the Endangered Lawyer. The event was organised by the International Bar Association’s Human Rights Institute (IBAHRI), UN Office of the High Commissioner for Human Rights, UN Special Rapporteur on Freedom of Assembly and Association, Geneva Bar Association, United States Permanent Mission in Geneva and the International Commission of Jurists. Read more.

President’s bilateral meetings with the Law Society of Singapore and the Malaysian Bar
Following on from the formal meetings to mark the Opening of the Legal Year in Singapore, Malaysia and Hong Kong, the Law Council initiated bilateral meetings with the Law Society of Singapore and the Malaysian Bar. This meeting provided an opportunity to promote the Law Council’s areas of focus for the upcoming year, receive an update from counterpart Presidents on their priorities and legal issues of significance in their jurisdictions, and to identify possible areas of collaboration. Read more.

South Pacific Lawyers’ Association AGM
On 4 February 2022, the South Pacific Lawyers’ Association (SPLA) held its 2021 Annual General Meeting via Zoom. The meeting was attended by representatives from Samoa, Fiji, Tuvalu, Timor Leste, New Zealand and Norfolk Island, as well as an observer from Palau. Read more.

LCA Submissions

Recently published Law Council Submissions.

The future of online proceedings, Fair Work Commission.
Concept Paper for a National Anti-Racism Framework, Australian Human Rights Commission.
ARNECC - Electronic Conveyancing National Law, Australian Registrars’ National Electronic Conveyancing Council.
Small Business Natural Disaster Preparedness and Resilience, Australian Small Business and Family Enterprise Ombudsman.
Normative Input to the Twelfth Working Session on the Right to Work and Access to Justice, Twelfth Session of the United Nations General Assembly Open-Ended Working Group.

Section Submissions

Recently published Section Submissions.

Response to Consultation on ASIC CP357 – Remaking Relief for Business Introduction Services, Australian Securities and Investments Commission.

Inquiries and consultations

As of 24 February 2022.

Sharing Economy Reporting Regime – Australian Taxation Office.
The Australian Taxation Office’s Administration and Management of Objections - Inspector-General of Taxation.
New family dispute resolution services for Aboriginal and Torres Strait Islander families - Attorney-General's Department.
Public consultation to progress further Respect@Work recommendations (FED) - Attorney-General's Department.
Review of the Legislative Framework for Corporations and Financial Services Regulation - Australian Law Reform Commission.
The Exercise of the General Powers of Administration - Inspector-General of Taxation.
The Exercise of the Commissioner’s Remedial Power - Inspector-General of Taxation.
Review of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 - Parliamentary Joint Committee on Intelligence and Security.
Draft National Plan to End Violence against Women and Children 2022-2032 - Department of Social Services.
The Banking Code Review - Australian Banking Association.
Social Media (Anti-Trolling) Bill 2022 [Provisions] - Attorney-General's Department.
Possible reforms to the Bankruptcy system - Attorney-General's Department.
TPB Information Sheet TPB(I) 12/2012 Insolvency practitioners: Do you need to register as a tax and BAS agent? - Tax Practitioners Board.
2022 Foreign Investment Reforms - Exposure Draft Regulations - The Treasury.

News and Media

Media releases/statements:

Balance needed in visa cancellation decisions, 16 February 2022.

Key media articles:

Criminal deportation bill could have ‘chilling’ effect: Lawyer, The New Daily, 15 February 2022.
Draft laws to make it easier to deport criminals set up pre-election fight, 9News, 16 February 2022.
Passage of deportation bill through lower house ‘shameful’, Lawyers Weekly, 20 February 2022.
Why we need a radical rethink on government red tape, AFR, 20 February 2022.

Upcoming Events

The Legal Practice Section of the Law Council of Australia is delighted to present its 34th annual Superannuation Law Conference at Hotel Realm in Canberra on 10-11 March 2022. To register or for more information about the event visit the conference webpage here.

Join the International Law Section for the fifth ILS International Law and Practice Course lecture – Australia-China Trade and Investment Frictions in a New Era of Geo-economics, featuring Professor Jane Golley and Dr Martyn Taylor.

This lecture will explore the Australia-China relationship through the lens of geo-economics – defined in simple terms as the use of economic tools to pursue geopolitical goals in line with national interests – highlighting the point that this relationship can only really be understood through a trilateral lens that involves the US as well. Learn more about the event here.