National Anti-Corruption Commission Bill
Parliament sat during the last week of September and a number of pieces of legislation of significant interest to the Law Council were either introduced or debated, including the National Anti-Corruption Commission Bill 2022.
The Law Council has advocated for a national integrity commission for many years. It has called for the National Anti‑Corruption Commission to be aimed at addressing serious and/or systemic corrupt conduct, be empowered to hold public hearings where a closed hearing would be unfair to the person or contrary to the public interest, be heavily focused on education and corruption prevention, and to have consistent processes, powers and requirements when dealing with law enforcement and other public sector corruption.
To achieve these outcomes, the Commission must be adequately funded. Therefore, the Law Council welcomed the Government’s commitment of $262 million over four years for the establishment and ongoing operation of the Commission.
A Joint Select Committee has now been established to review the Bill and the Law Council will be providing a submission to help ensure the final model for the National Anti‑Corruption Commission is fit for purpose. The Committee is due to report on 10 November 2022.
Read more here.
Appointment of the Honourable Justice Jayne Jagot
The Law Council of Australia has welcomed the historic appointment of the Honourable Justice Jayne Jagot as a Justice of the High Court of Australia.
Justice Jagot now becomes the 56th Justice of the High Court and the seventh woman appointed to the Court. Justice Jagot will replace the Hon. Justice Patrick Keane AC, who retires next month.
This is the first time since Federation that a majority of Justices on the High Court will be women.
The Law Council recognises diversity as an essential feature in ensuring a responsive and well-informed judiciary. Over 50 per cent of the profession and population are female. Representation in Australia’s courts should reflect the community that they serve.
Law Council of Australia President, Mr Tass Liveris also commended and thanked Justice Keane for his outstanding service to the High Court for nearly 10 years and to the administration more broadly through his previous appointments.
Read more here.
Optus hack a reminder of the importance of cyber security
The recent Optus data breach is a reminder to all businesses that cyber security must be prioritised as a vital part of day-to-day operations.
Given the importance and sensitivity of the information held by law firms of all sizes, it is imperative that they are extremely diligent to the risk of cyber-attack and invest in protecting themselves and their clients.
To this end, the Law Council, with assistance from its Constituent Bodies, developed the Cyber Precedent suite of resources to assist the legal profession to actively protect itself from cyber-attacks. The Law Council is currently reviewing these resources to ensure that they remain fit for purpose against evolving threats.
Federal judicial commission a step closer
In its response last week to the Australian Law Reform Commission’s report Without Fear or Favour: Judicial Impartiality and the Law on Bias, the Government gave in -principle support for establishment of a judicial commission.
The Law Council of Australia has been calling for a standalone federal judicial commission since 2006.
It is essential to the promotion of the rule of law and the Australian constitutional system that there be a strong, independent, and transparent judiciary. Consistent with this aspiration, a means of fairly and punctually addressing complaints directed to the judiciary in an independent, structured manner is necessary.
A federal judicial commission, underpinned by four key features, namely independence, coherence, accessibility and transparency, will assist to provide a clear and structured framework for responding to such complaints.
The Law Council also sees a role for a federal judicial commission in the provision of education, training and development to the judiciary and in assisting judges with difficult ethical questions.
President of the Australian Law Reform Commission
A search is underway for the next President of the Australian Law Reform Commission (ALRC). The ALRC is a national independent statutory body which provides recommendations for law reform to Government on issues referred to it by the Attorney-General of Australia. The President leads references made to the ALRC by the Attorney-General. The President is the Chief Executive Officer and Chief Financial Officer of the ALRC and is responsible for the management of the ALRC and in particular, for ensuring that it performs its functions effectively and economically. Learn more about this appointment here.
Applications close on 21 October 2022.
LCA Submissions
Recently published Law Council Submissions.
Improving Corporations and Financial Services Law, The Treasury.
Quality of Advice Review - Proposals Paper, The Treasury.
Interoperability pricing for Electronic Lodgment Network Operators - Issues Paper, Independent Pricing and Regulatory Tribunal (NSW).
Section Submissions
Recently published Section Submissions.
- Rationalisation of Ending ASIC Instrument Measures, The Treasury, (Business Law Section)
- Treasury Laws Amendment (Modernising Business Communications) Bill 2022: Virtual hearings and examinations, The Treasury, (Business Law Section)
Inquiries and consultations
As of 7 October 2022
National Anti-Corruption Commission Bills 2022, Joint Select Committee on National Anti-Corruption Commission Legislation
Digital Assets (Markets Regulation) Bill 2022, Senator Andrew Bragg
Global agreement on corporate taxation: addressing the tax challenges arising from the digitalisation of the economy, The Treasury
Financial Services Legislation: Interim Report B (ALRC Report 139), Australian Law Reform Commission
Franked distributions and capital raising, The Treasury
Review of the Model Defamation Provisions Stage 2 - Part B Amendments, Department of Justice and Community Safety (Vic) (on behalf of the MAG)
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, Senate Legal and Constitutional Affairs Legislation Committee
Management of Migration to Australia — Family Reunion and Partner Related Visas, Australian National Audit Office
Inquiry into the 2022 federal election, Joint Standing Committee on Electoral Matters
Exposure draft legislation consultation - Family Law Amendment (Information Sharing) Bill 2022 - Limited circulation release, Attorney-General's Department
Review of the Tax Treatment of Digital Assets and Transactions in Australia, The Board of Taxation
Consultation paper on conditional costs agreements, Legal Services Council
CP 364 Modifications to the ESS Regime, ASIC
National Principles to Address Coercive Control, Attorney-General's Department
Review of the Commonwealth Modern Slavery Act 2018, Attorney-General's Department
Corporate Insolvency in Australia, Parliamentary Joint Committee on Corporations and Financial Services
Employment White Paper - Consultation, The Treasury
News and Media
Media releases/statement:
Key media articles:
One in three Aussies could be caught in Optus cyberattack but they have no recourse, Smart Company Australia, 23 September 2022
Dreyfus to review Morrison's surveillance expansion, The Saturday Paper, 24 September 2022
Law Council, ASU at odds over carers leave, 26 September 2022
What the Climate Change Bill means for lawyers, Lawyers Weekly Australia, 27 September 2022
NSW Registrar General finalist in Premier’s Awards, Spatial Source, 27 September 2022
Hague Convention 'a DV risk' , The Australian, 28 September 2022
Smaller firms ‘sitting ducks' following Optus data breach, Lawyers Weekly Australia, 28 September 2022
European rules ‘could have avoided Optus breach', Australian Financial Review, 28 September 2022
Lawyers welcome Anti-Corruption Commission Bill, but want public hearings, Lawyers Weekly Australia, 29 September 2022
In hacked cyberspace no one can hear you scream, In Daily, 29 September 2022
Women in majority as Jagot elevated to highest court in land, Sydney Morning Herald, 30 September 2022
Women take majority on High Court bench, Canberra Times, 30 September 2022
Whistleblower protections need to be a priority: experts, Tasmanian Examiner, 30 September 2022
Italy's first female PM says being a woman has helped. Is she right, Sunday Age, 02 October 2022
Proposal aims to fully protect sexual assault complainants from defamation, The Age, 03 October 2022
Federal government to establish judicial commission and improve appointment transparency, Lawyers Weekly Australia, 03 October 2022
Uniting to make Australia a hard target for scammers, GovTech Review, 04 October 2022
‘Scrutiny needed for AFP counter-terrorism powers', says Law Council, Lawyers Weekly Australia, 04 October 2022
Cyber principles for directors, Company Director, 05 October 2022
Allen & Overy lures global mining co-head from Hogan Lovells, Australasian Lawyer, 06 October 2022
Dreyfus to consult court on complaints, Australian Financial Review, 07 October 2022
Upcoming Events
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 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
