The Law Council responds to Federal Budget
On the 25 October 2022, the Law Council welcomed the investments in community-led justice reinvestment initiatives and First Nations-led legal assistance services announced in the Federal Budget.
This funding includes:
- $81.5 million for justice reinvestment initiatives to be delivered in partnership with First Nations communities, including:
- $69.0 million over 4 years from 2022–23 (and $20.0 million per year ongoing) for justice reinvestment initiatives; and
- $12.5 million over 4 years from 2022–23 (and $3.1 million per year ongoing) to support a national independent body to coordinate justice reinvestment;
- $13.5 million over 3 years from 2022–23 for Aboriginal and Torres Strait Islander Legal Services (ATSILS);
- $1.0 million over 3 years from 2022–23 for the representative peak body for ATSILS, the National Aboriginal and Torres Strait Islander Legal Services; and
- $3.0 million over 3 years from 2022–23 for the National Family Violence Prevention Legal Services Forum.
The Law Council has consistently advocated for national justice reinvestment models and increased investment in First Nations access to justice.
However, it also noted the lack of new investment in the justice system, courts and tribunals and the baseline funding of legal assistance services and highlighted that the May 2023 Budget would present a critical opportunity to redress this issue.
Read more here.
Westpac Equitable Briefing Event
On 20 October 2022, Ms Kate Eastman AM SC, Chair of the Law Council’s Equal Opportunity Committee, gave the keynote address at the Westpac Equitable Briefing event in Sydney. The Law Council has received very positive feedback about Ms Eastman’s address.
Westpac is an adoptee of the Law Council’s Equitable Briefing Policy and invited the Law Council to speak at the event. Ms Eastman spoke on behalf of the Law Council about the background, purpose, and outcomes of the Policy to date.
The Law Council released its equitable briefing policy in 2016. The Policy seeks to set equitable briefing targets for the profession and to facilitate data collection for the Law Council to report on progress against the targets. It is intended to drive cultural change within the legal profession, support the progression and retention of women barristers, and address the significant pay gap and underrepresentation of women in the superior courts.
The recent Review of the Policy notes that data collected from adoptees’ annual reports over the first four-year term of the Policy suggests it is having a positive impact with respect to the number of women barristers briefed. However, for senior women barristers, and in terms of the value of briefs, the data shows that more needs to be done.
The Equitable Briefing Policy is available for adoption by barristers and briefing entities such as law firms, and clients who engage barristers directly. The selection of counsel is ultimately a decision for the client, and in‑house counsel are encouraged to apply the Policy when instructing law firms and selecting barristers.
The Law Council is pleased to have received new sign‑ups to the Policy in recent months and would like to thank existing adoptees for their ongoing commitment to this initiative.
Australia falling behind on OPCAT obligations
The Law Council of Australia released a media release on 25 October 2022 noting that was very concerned that the United Nations Subcommittee on Prevention of Torture (SPT) felt it had no choice but to suspend its visit to Australia in light of the obstructions it encountered in carrying out its mandate to inspect any and all places of detention it sees fit.
OPCAT is designed to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.
Read more here.
Careful consideration of NACC legislation needed
The Law Council of Australia strongly supports the establishment of a National Anti-Corruption Commission, having advocated for such a body for many years, but believes a number of specific aspects of its proposed operation require careful consideration.
Speaking at a public hearing of the Joint Select Committee on National Anti-Corruption Commission (NACC) Legislation, the Law Council’s representatives, led by President Tass Liveris, welcomed the introduction of legislation to establish a national integrity commission as a positive step.
In particular, the Law Council commended the Commission’s remit to investigate serious or systemic corrupt conduct across the Commonwealth public sector and its preventive and educative functions.
One of the most serious concerns raised by the Law Council is that the legislation in its current form has the
capacity to abrogate well-established common law rights including legal professional privilege and the privilege against self-incrimination. These were linked to its opposition to post-charge coercive powers and information sharing.
Read more here.
Passage of amended Aged Care Bill welcomed
The Law Council of Australia has commended the Federal Parliament on the passage on 27 October 2022 of the Aged Care Amendment (Implementing Care Reform) Bill 2022 (Cth), which implements a key Royal Commission recommendation that all residential aged care facilities have a registered nurse on duty at all times (the ‘one registered nurse requirement’).
In particular, it welcomed amendments to the Bill moved by the Government in the House of Representatives and agreed by the Senate, which are consistent with recommendations made by the Law Council in its submission to the Senate Community Affairs Legislation Committee inquiry into the Bill. These amendments concern the power the Bill gives the Minister to provide for exemptions from the one nurse requirement.
Read more here.
Restoring Australia’s human rights status
On 28 October 2022, the Law Council issued a media release welcoming the passage one day beforehand of the Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Bill 2022 (Cth) (the Bill) will improve the transparency of appointments to the Australian Human Rights Commission (AHRC) and thus help this vital institution maintain its global standing.
The Bill, will establish a merit based and publicly advertised appointment process for AHRC members and set a maximum appointment period.
The Law Council was also pleased to see an increase in the AHRC’s base funding in the Budget plus further funding to implement Respect@Work recommendations and to develop a National Anti-Racism Strategy.
However, careful scrutiny is needed as to whether the AHRC’s increased base funding is now sufficient to ensure that it can carry out its core functions effectively.
Read more here.
LCA Submissions
Recently published Law Council Submissions.
A New Approach to Regulating Aged Care, Department of Health and Aged Care.
Exemptions for litigation funding schemes, The Treasury.
Supplementary Submission for Anti-discrimination and Human Rights Legislation (Respect at Work) Bill 2022, Senate Legal and Constitutional Affairs Legislation Committee.
Review of the Model Defamation Provisions Stage 2 - Part B Amendment, Department of Justice and Community Safety (Vic) (on behalf of the MAG)
Management of Migration to Australia — Family Reunion and Partner Related Visas, Australian National Audit Office
Inquiries and consultations
As of 4 November 2022
Consultation paper on conditional costs agreements, Legal Services Council
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022, House of Representatives
National Principles to Address Coercive Control, Attorney-General's Department
Interoperability pricing for Electronic Lodgment Network Operators - Issues Paper 2, Independent Pricing and Regulatory Tribunal (NSW)
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, Senate Standing Committees on Education and Employment
Review of the Commonwealth Modern Slavery Act 2018, Attorney-General's Department
TR 2022/D2 Income tax: residency tests for individuals, Australian Taxation Office
Corporate Insolvency in Australia, Parliamentary Joint Committee on Corporations and Financial Services
Employment White Paper - Consultation, The Treasury
Financial Services Legislation: Interim Report B (ALRC Report 139), Australian Law Reform Commission
Calls for submissions on Australia’s new international development policy, Department of Foreign Affairs and Trade
News and Media
Media releases/statement:
Careful consideration of NACC legislation needed, 21 October 2022
Australia falling behind on OPCAT obligations, 25 October 2022
Welcome investment in First Nations justice, 25 October 2022
Passage of amended Aged Care Bill welcomed, 27 October 2022
Restoring Australia’s human rights status, 28 October 2022
Law Council concern for separation of powers in Kiribati, 1 November 2022
Key media articles:
Lidia Thorpe scandal highlights hypocrisy and need for integrity commission, edgeofthecrowd.com, 23 October 2022
Higher penalties for data breaches not the answer, Australian Financial Review, 24 September 2022
Hacked firms to be hit for millions, Weekend Australian, 22 October 2022
Federal Budget: WA's Aboriginal Cultural Centre gets $50m funding to take project forward, West Australian, 23 October 2022
Judge associates 'uniquely at risk' of harassment, Australian Financial Review, 25 October 2022
Australian Family Lawyers to merge with GTC Legal Group, Australasian Lawyer, 24 October 2022
Big fines won't defeat threat to data: Telstra, Australian Financial Review, 25 October 2022
Jury still out in rape trial of Lehrmann, Australian Financial Review, 25 October 2022
Optus' customer retention tactics reviewed by rival, Australian Financial Review, 25 October 2022
Wide fallout feared from Medibank hack, Australian Financial Review, 25 October 2022
Aboriginal leader seeks mine compensation, Canberra Times, 24 October 2022
ASIC sues BPS Financial over crypto Qoin, Australian Financial Review, 26 October 2022
A divided Lehrmann jury told to push on, West Australian, 26 October 2022
Cairns' Reef Hotel Casino to admit to breaching gaming legislation, court hears, ABC Online, 25 October 2022
Shocking ‘attack' on Indigenous WA boy a sad indictment on Australia's grim violence record, National Indigenous Times, 25 October 2022
Optus hack prompts $5.5m for privacy commissioner, Australian Financial Review, 26 October 2022
$75 million to prepare for Indigenous Voice to parliament referendum, Sydney Morning Herald, 25 October 2022
Data breach fine proposals in wake of Optus, Medibank hacks not enough: privacy advocates, ABC Online, 27 October 2022
Law Council welcomes $99m investment in First Nations justice, Australasian Lawyer, 26 October 2022
Kate Eastman on the ‘great opportunity' for equitable briefing, Lawyers Weekly Australia, 26 October 2022
Dreyfus 'sceptical' on contingency fees, Australian Financial Review, 28 October 2022
‘More Penalties' are here - More Competition, Better Prices Bill passes both Houses, Lexology, 29 October 2022
New judge appointed to land and Environment Court, NSW Government, 31 October 2022
Lehrmann retrial set down for February, The Australian, 1 November 2022
Additional access to justice on hand, Weekly Advertiser, 02 November 2022
Lawyers recommend QoA stress tests for consumer outcomes, Money Management, 02 November 2022
Dr Pritchard appointed to Land and Environment Court, Tumut & Adelong Times, 04 November 2022
Upcoming Events
The ACT Law Society's New Lawyers Committee is proud to host the 2022 National Golden Gavel and Australian Young Lawyer Awards on behalf of the Law Council of Australia.
The event will be held on Friday 18 November 2022 at the Hyatt Hotel Canberra from 6.30pm to 10.00pm (AEDT).
The Hon Justice Lucy McCallum, Chief Justice of the ACT Supreme Court, will deliver an address on the future of the legal profession and the role of advocacy. The hilarious Julian Morrow, co-founder of The Chaser and Giant Dwarf, will be MC for the night, so this is an event not to be missed!
For more information visit: https://www.lawcouncil.asn.au/about-us/awards/national-golden-gavel
The 35th LAWASIA Conference registrations are now open, it will be held in Hilton Sydney.
Don't miss out this great opportunity to meet the exceptional keynote speakers! Learn more and register now: 35th LAWASIA Conference 2022 – 18-21 Nov 2022 | Sydney, Australia (lawasia2022.com)
The Federal Litigation and Dispute Resolution Section invites you to attend the second Hot Topics in Commonwealth Compensation seminar for 2022, on Friday, 2 December 2022, from 9am - 1pm (AEDT).
The event will be chaired by the Administrative Appeals Tribunal's, President, the Hon Justice Fiona Meagher. A networking morning tea will be held between the second and third presentations. As such, in-person tickets will be popular and are likely to sell out quickly. Seminar attendees who wish to book an in-person ticket are encouraged to register their attendance immediately: https://www.lawcouncil.asn.au/event/hot-topics-in-commonwealth-compensation-
The Legal Practice Section's Charities and Not-for-Profit Committee is set to host the third John Emerson AM Oration & CLAANZ Annual Lecture 2022 in Melbourne on 12 December 2022, jointly with the Charity Law Association of Australia and New Zealand.
The Oration will be delivered by Professor Oonagh Breen and co-chaired by Seak-King Huang, Chair of the Charities and Not-for-Profit Committee, and Associate Professor Ian Murray, Chair of the Board of Charity Law Association of Australia and New Zealand.
The John Emerson Oration is in honour of John Emerson AM. While John has now retired from Herbert Smith Freehills, where he was a partner for almost four decades, he remains recognised as an expert in the tax laws applicable to charities in Australia. John was also a member of the Board of Taxation and a number of other legal and public sector committees. He was a key contributor to the reform of laws which led to the establishment of the Australian Charities and Not-for-profits Commission. John is a Member of the Order of Australia for services to law and to the community, particularly through the provision of advice to charities and not-for-profit organisations and the development of public administration reform to encourage philanthropy in Australia.
For more info visit: https://www.lawcouncil.asn.au/event/2023-john-emerson-oration-
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section invites you to attend a conference covering a broad range of topics presented by leading lawyers in federal law, in house counsel, members of the judiciary and federal tribunal members. The conference will take place in person in Melbourne.
The conference theme is "Connections and Coherence in Federal Litigation". Registrations are now open: https://www.lawcouncil.asn.au/event/commonwealth-law-conference-
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 conference will be conducted over two days and will canvass current issues in Australian immigration law.
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
