Law Council concerned by continued assault on judicial independence in Kiribati
The Law Council of Australia has expressed its concern at what it calls the ongoing efforts of the Kiribati Government to undermine judicial independence and the rule of law, This follows its attempted deportation of High Court judge, Justice David Lambourne.
The Law Council is particularly concerned that authorities sought to proceed with the deportation, in contravention of an interim order from Kiribati’s Court of Appeal, and then placed him in immigration detention.
This attempted deportation is the latest in a series of efforts by the Government of Kiribati to remove Justice Lambourne from the judiciary. These efforts have included refusing to issue Justice Lambourne a visa or repatriation flight to Kiribati, withholding his salary, and pressuring him to sign an employment contract which purported to limit his tenure.
New tool to help small businesses grow
The Law Council of Australia has today launched a checklist designed to help small legal workplaces and sole practitioners recruit and retain new staff.
“This checklist is designed to help legal firms understand the steps involved in recruiting and more importantly, where to seek assistance and information if needed,” Law Council of Australia President, Mr Tass Liveris said.
The Small Business Employer’s Checklist identifies the major considerations, resources and legislative obligations for employers who are seeking to hire and onboard a prospective employee. This resource aims to assist in removing some recruitment barriers and administrative hurdles that smaller legal workplaces, especially those in RRR areas, may experience.
View and download the Small Business Employer’s Checklist here.
Please note this resource is current to 8 August 2022 and is for general guidance purposes only.
Read more.
Climate Change Bill 2022
The Senate Environment and Communications Legislation Committee is currently considering the Climate Change Bill 2022 and Climate Change (Consequential Amendments Bill) 2022.
The bills would codify Australia’s 2030 and 2050 greenhouse gas emissions reduction targets, provide for an annual statement in relation to the targets, embed the targets in the objectives and functions of relevant Commonwealth agencies, and empower the Climate Change Authority to provide advice to the Minister in relation to future targets.
While the Bill is broadly consistent with the three broad principles of the LCA Climate Change Policy, the Law Council has provided a
submission outlining amendments which may be made or matters which may benefit from further consideration by the Committee, to address drafting ambiguities and to enhance achievement of the Bill’s objects.
Read more.
Humanitarian Program 2022 - 2023
The Law Council of Australia (Law Council) appreciates the opportunity to provide a submission to the Department of Home Affairs (Department) regarding its 2022-23 Humanitarian Program.
The Law Council notes in particular the request in the Department’s 2022-23 Humanitarian Program Discussion Paper for submissions ‘to inform the development and composition of the Program in 2022-23, to help ensure it delivers effective and strong outcomes for people in humanitarian needs’.
Federal Parole Authority
This month, the Law Council has begun collating feedback from Constituent Bodies regarding the structure, features, and composition of an independent federal parole authority with a view to providing a proactive policy submission to Government.
The establishment of an independent federal parole authority is a priority project for federal criminal law reform of the Law Council’s National Criminal Law Committee because the federal jurisdiction is out of step with States and Territories which all have some version of an independent decision maker to decide, most or all, parole applications.
Currently, federal parole applications are decided by the Commonwealth Attorney General. In practice, these decisions are made by a division of the Attorney General’s Department, the Commonwealth Parole Office.
The feedback from Constituent Bodies reveals unanimous support for the establishment of a federal parole decision maker as an independent statutory agency that is insulated from the risk of political interference (perceived or otherwise).
A key focus of the Law Council will be highlighting the need for the new federal parole authority to be underpinned by principles of independence, transparency, procedural fairness, and accountability.
Notably, the 2006 report of the Australian Law Reform Commission (ALRC), Same Crime, Same Time: Sentencing of Federal Offenders, recommended the establishment of an independent federal parole authority. However, these recommendations were not implemented in subsequent changes to the federal parole system.
The ALRC Report compellingly captured the rationale for reform to the current system: “because such decisions affect an individual’s liberty, they should be made through transparent and accountable processes in accordance with high standards of procedural fairness and independently of the political arm of the executive. The current arrangements lack adequate transparency and independence”.
By way of next steps, following the completion of the consultation process, the Law Council anticipates providing written submissions to the Attorney on this topic. The Law Council looks forward to providing an update on this advocacy project to Constituent Bodies in due course.
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.
Climate Change Bill 2022 [Provisions] and the Climate Change (Consequential Amendments) Bill 2022 [Provisions], Senate Standing Committees on Environment and Communications.
Australia's Humanitarian Program 2022-23, Department of Home Affairs.
Section Submissions
Recently published Section Submissions.
- Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, Senate Education and Employment Legislation Committee, (Federal Litigation and Dispute Resolution Section)
Inquiries and consultations
As of 26 August 2022
- ACNC Commissioner's Interpretation Statement - Public Benevolent Institution, Australian Charities and Not For Profit Commission
- Treasury Laws Amendment (Competition and Consumer Reforms No. 1) Bill 2022: More competition, better prices, Treasury
- Australia's extinction crisis, Senate Standing Committees on Environment and Communications
- Multinational Tax Integrity and Tax Transparency, The Treasury
- Inquiry into matters relating to work and care in Australia, Senate Select Committee on Work and Care
- Review of the Model Defamation Provisions Stage 2 - Part A Amendments, Depatment of Communities and Justice (NSW) (on behalf of the MAG)
- Aboriginal and Torres Strait Islander Visual Arts and Crafts, Productivity Commission
- Consultation paper on conditional costs agreements, Legal Services Council
- ATO 2022 Review of the Taxpayers' Charter, ATO
News and Media
Key media articles:
- MAG prioritises key issues of concern, Mirage News, 15 August 2022
- The LCA has expressed concern about the government of Kiribati’s continuous efforts to undermine judicial independence and the rule of law, Lawyers Weekly Australia, 22 August 2022
- News Kiribati is attempting to deport Australian suspended Hight Court judge David Lambourne and has shone a spotlight on the role of foreign judges in the Pacific, Pacific Beat, 22 August 2022
- WA’s Bar has signed up to the Law Council of Australia’s Equitable Briefing Policy, Lawyers Weekly Australia, 23 August 2022
- ‘Steady decline in gender disparity’ offers encouraging signs for women at the Bar, Lawyers Weekly Australia, 23 August 2022
- The Law Council of Australia has expressed its concern at what it calls the ongoing efforts of the Kiribati Government to undermine judicial independence and the rule of law, Radio New Zealand, 23 August 2022
- Kiribati has no functioning High Court. The Australian Law Council has condemned the situation of suspended High Court judge David Lambourne and so has the Fiji Law Society, ABC News, Mornings, 22 August 2022
- Pacific Island high courts are still dominated by foreign judges, but a constitutional crisis in Kiribati is exposing the risks, ABC Online, 24 August 2022
- Law Council urges Kiribati to respect rule of law after attempts to oust high court judge, The Epoch Times, 25 August 2022
Upcoming Events
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/
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
The Young Commonwealth Lawyers Association (YCLA) are pleased to announce their inaugural virtual Conference, Young Commonwealth Lawyers – Forging the Way Forward.
Registration is free to all Commonwealth Lawyers Association members, and £15 for non-members.
Conference topics include:
- How young lawyers can negotiate their pay and advocate for their career progression
- Mentoring, Professional Growth & Crafting a Specialization as a Young Lawyer
- Understanding gender at work in the law: how to expose gender bias blind spots for career success
- Recent developments in LGBTQ+ rights
- Wellness in law and Retention in the legal practice
- Advocacy: A Practical Approach/ Basics of Advocacy for YL / Advocacy for YL: Tips from the Bar
- Actualizing the 2nd Pillar of the International Decade for People of African Descent; Recognition, Justice and Development
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
