Law Council reaffirms its opposition to the death penalty

To mark World Day Against the Death Penalty (10 October 2021), the Law Council of Australia has released its revised Policy Statement on the Death Penalty and reaffirmed its absolute opposition to the imposition or execution of the death penalty.

“No person – irrespective of their nationality, the nature of the crime, or the country in which they have allegedly committed a crime – should be subjected to the death penalty,” Law Council of Australia President, Dr Jacoba Brasch QC stated.

“We agree with the United Nations High Commissioner for Human Rights who said earlier this year that ‘the death penalty undermines dignity and denies our most basic human right, the right to life’. Read more.

Congratulations to new Federal Circuit and Family Court Judges
In the past week, the Law Council of Australia has been privileged to officially welcome on behalf of the profession the appointment of four new judges to the Federal Circuit and Family Court of Australia. Ceremonial sittings were held in Perth, Melbourne and Cairns to mark the elevation of their Honours, Judge Allyson Ladhams, Judge Jonathan Forbes, Judge Catherine Symons and Judge Patricia Cope. Transcripts of each welcome address are available in the links below.

Sentence reductions and remissions
The Law Council of Australia has warned eliminating the potential for remission or reduction of federal sentences will reduce incentives for prisoners to comply with directions in times of emergency, such as a pandemic.

In its submission to the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Crimes Amendment (Remission of Sentences) Bill 2021, the Law Council urged reconsideration of the Bill.

Public Hearing 17 of the Disability Royal Commission
On 13 October 2021, Law Council of Australia President, Dr Jacoba Brasch QC gave evidence at a public hearing of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

In her statement to the Royal Commission, Dr Brasch QC explained that people with disability, and women with disability in particular, experience disproportionately high rates of domestic and family violence. Read more.

Launch of National Security Committee
For the first time since its inception 88 years ago, the Law Council of Australia has established a National Security Committee to assist with its policy advocacy workload on the extensive and complex range of issues which are emerging as Australia’s Parliament and the nation’s security agencies seek to come to terms with the scope of the dynamics defining our world in the 21st century.

The Law Council is honoured that the Committee’s inaugural chair will be Mr Lloyd Babb SC. Under Lloyd’s foundational guidance, the National Security Committee will provide advice on the operation, effectiveness and implications of Australia’s national security laws while making sure our national security policies and laws contain appropriate safeguards for protecting the rights of individuals and are proportionate to any threat.
Read media release here.

Victorian Young Property Lawyer of the Year Award
The Legal Practice Section recently presented the 2021 Victorian Young Property Lawyer of the Year Award to Mr Jordon Engwerda. Jordan is a Senior Associate in the MinterEllison Real Estate Group and specialises in retail and office leasing. Learn more about this year's winner here.

Consultation on Corporate Collective Investment Vehicles - Regulatory and Tax Frameworks
The Business Law Section provided a submission to the Treasury in relation to the exposure draft legislation and explanatory materials issued on 27 August 2021, with respect to the following draft Bills:

a. Treasury Laws Amendment (Corporate Collective Investment Vehicle) Bill 2021: Regulatory framework (Regulatory Framework Bill); and

b. Treasury Laws Amendment (Corporate Collective Investment Vehicle) Bill 2021: (Tax treatment) (Tax Framework Bill).

The content of the submission relating to the Regulatory Framework Bill has been prepared by the Financial Services Committee of the Business Law Section of the Law Council of Australia and the content relating to the Tax Framework Bill has been prepared by the Taxation Committee of the Business Law Section of the Law Council of Australia. Read submission here.

LCA Submissions

Recently published Law Council Submissions.

Response to Question on Notice - Inquiry into the Territories Stolen Generations Redress Scheme Bills, Senate Finance and Public Administration Legislation Committee.
Modernising Document Execution, Department of the Prime Minister and Cabinet.
COVID-19 concession proposals, Department of Home Affairs.
Treasury Laws Amendment (Measures for Consultation) Bill 2021: Litigation funders, Treasury.
Crimes Amendment (Remissions of Sentences) Bill 2021, Senate Legal and Constitutional Affairs Legislation Committee.

Section Submissions

Recently published Section Submissions.

Consultation on Corporate Collective Investment Vehicles - Regulatory and Tax Frameworks, Treasury, (Business Law Section).

Inquiries and consultations

As of 12 October 2021.

Australia’s engagement in Afghanistan, Senate Standing Committees on Foreign Affairs Defence and Trade.
(Proactive) Aged Care Quality Principles, Department of Health.
Retirement Income Covenant - September 2021, The Treasury.
Second round of miscellaneous amendments to Treasury portfolio laws 2021, The Treasury.
Franchise Disclosure Register, The Treasury.
CP 347 Proposed amendments to the prohibition on order incentives in the ASIC market integrity rules, Australian Securities and Investments Commission.
Legal Professional Privilege (LPP) Protocol, Australian Taxation Office.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Review of the Foreign Influence Transparency Scheme Act 2018, Parliamentary Joint Committee on Intelligence and Security.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
Prudential Standard SPS 530 Investment Governance in Superannuation, Australian Prudential Regulation Authority.
Prudential Standard SPS 250 Insurance in Superannuation, Australian Prudential Regulation Authority.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Risk Matrix for Interoperability and eConveyancing Industry Code Consultations, ARNECC/NSW Registrar-General.

News and Media

Media releases/statements:

Law Council reaffirms its opposition to the death penalty, 9 October 2021.
Law Council launches National Security Committee, 15 October 2021.

Key media articles:

A reminder this World Mental Health Day, QLS Proctor, 8 October 2021.
Judgment handed down on secrecy in Bernard Collaery prosecution, Lawyers Weekly, 6 October 2021.
Abuse victims ignored: Disability inquiry, Wagga Wagga Daily Advertiser, 13 October 2021.

Events

Upcoming Webinar for Legal Practitioners on the
AusNCP’s Complaints Process

The Australian National Contact Point (AusNCP) is responsible for promoting the OECD Guidelines for Multinational Enterprises (the Guidelines) and facilitating the resolution of disputes related to their implementation.

The Guidelines are a set of non-binding recommendations addressed by governments to business with respect to responsible business conduct including in relation to disclosure, human rights, employment and industrial relations, environment, anti-corruption, competition and taxation. Companies operating in Australia and Australian companies operating overseas are expected to act in accordance with the Guidelines.

The Law Council has long supported implementation of the Guidelines, in particular the role of the AusNCP in promoting the use of the Guidelines.

This year, the Law Council has continued to engage directly with Treasury-based representatives of the AusNCP to work towards enhancing the visibility of this important mechanism amongst the legal profession.

On Thursday, 21 October 2021 from 5.00pm – 6.00pm AEDT the Law Council will support a webinar for legal practitioners on the AusNCP’s complaints process. The webinar will be presented by Mr John Southalan, AusNCP Independent Examiner, and the AusNCP Secretariat. Please RSVP by email to secretariat@ausncp.gov.au for further details.

A copy of the flyer is available here.

2021 ILS International Law and Practice Course Lecture 2

Join the International Law Section for the second ILS International Law and Practice Course lecture – Representation and influence of Small Island Developing States (SIDS), particularly Pacific SIDS - in the Human Rights Council, featuring H.E. Ms. Nazhat Shameem Khan, President of the Human Rights Council and Ms Mary Walker OAM as Chair of the session.

The President of the Human Rights Council, H.E. Nazhat Shameem Khan, will speak on the representation and influence of Small Island Developing States (SIDS), in particular, Pacific Small Island Developing States (PSIDS), at the Human Rights Council.

Ensuring that the voices of SIDS and PSIDS receive proper attention and that their priorities remain high on the Council’s agenda is a priority for the Presidency.

In addition, the President will discuss the challenges and opportunities of SIDS participation in the Council and provide examples of how SIDS and PSIDS have engaged successfully and have helped shape the discussions in the Council in the promotion and protection human rights.

For more information about the lecture or to register, visit the Law Council website.