Pre-budget 2023-24 Submission
On 3 February 2023, the Law Council provided a submission to the Treasury as part of the Pre-Budget Consultation process for the 2023-24 Federal Budget. The submission included substantial input from across the Law Council’s Constituent Bodies, Sections and Advisory Committees.
The Law Council’s submission provided 24 recommendations for additional investment by the Australian Government, necessary to improve access to justice outcomes and to promote and uphold the rule of law.
A significant focus of the submission was the need for increased funding for the legal assistance sector generally and in response to government initiatives which might create additional demand. Particular emphasis was provided on the family law system and the necessity of broadening the availability of services to many underserved groups such as those in rural, regional and remote areas and older Australians.
Among the other items discussed were:
- the impact of measures announced relating to the Administrative Appeals Tribunal (AAT), including the likely demands on the federal courts as a result of additional resourcing to the AAT to address backlogs;
- the establishment of an Anti-Slavery Commissioner;
- supporting full implementation of the Optional Protocol to the Convention Against Torture (OPCAT);
- abolishing temporary protection visas and increased support for the Skilled Migration Program;
- agency resourcing, including for the Office of the Australian Information Commissioner and the Australian Human Rights Commission; and
- options for developing and strengthening the legal profession in the South Pacific region, including investment in PacLII and independent legal professional bodies.
The Law Council will continue to discuss these recommendations with the Government in the lead up to the Budget on Tuesday, 9 May 2023.
Read more here.
Family Law Reform
The Law Council of Australia and its Family Law Section welcomes the release of the Australian Government’s exposure draft and consultation paper on the Family Law Amendment Bill 2023.
The draft legislation seeks to progress the first tranche of reforms addressing numerous recommendations arising in recent years from the Australian Law Reform Commission (ALRC) and the Joint Select Committee on Australia’s Family Law System.
The Law Council has long advocated for holistic reform to the family law system and for solutions to be developed to benefit Australian families, especially children.
We are currently consulting with our Constituent Bodies on the details of the proposed reforms and will be providing a submission to this inquiry.
Telecommunications Legislation Amendment
Bill 2022
On 30 January 2023, the Law Council made a submission to the Senate Environment and Communications Legislation Committee on its inquiry into the provisions of the Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Bill 2022 (Cth).
The Bill seeks to amend the Telecommunications Act 1997 (Cth) and other legislation to improve the operation and transparency of the relationship between law enforcement and telecommunications providers. Various measures in the Bill were informed by recommendations made by State coroners, the Australian Law Reform Commission and the Office of the Australian Information Commissioner.
In its submission, the Law Council supports measures to promote the safety and welfare of individuals and acknowledges the role of information disclosures permitted under the Telecommunications Act for purposes connected to the prevention of a serious threat to the life or health of a person. However, it argues that the lowering of legislative thresholds relating to the disclosure of potentially sensitive information must be carefully scrutinised in terms of necessity and proportionality. The Law Council considers this is of particular importance, given that data privacy has naturally been at the forefront of minds in the wake of recent cyber incidents involving the theft and misuse of personal data.
The Law Council has therefore focused on the privacy implications of the Bill as drafted, especially the justifications for the Bill’s proposed expanded use and disclosure regime under Part 13 of the Telecommunications Act and the adequacy of safeguards and oversight to ensure the scheme operates appropriately. Accordingly, the Law Council has recommended increased clarification and additional safeguards in relation to the measures contained in the Bill.
The Law Council is grateful for the input of Constituent Bodies, Sections and advisory committees in the preparation of this submission, whose guidance and expertise contributed to a balanced and informed response on behalf of the legal profession.
The Senate Environment and Communications Legislation Committee is due to report by 1 March 2023. The Law Council will accordingly monitor the Committee’s recommendations and any amendments to the Bill that follow.
Read more here.
Review of Commonwealth Secrecy Offences (Royal Commissions)
On 13 January 2023, the Law Council made a submission to the Attorney-General’s Department (Department) in response to the Department’s Consultation Paper ‘Secrecy Provisions Review: Protections for individuals providing information to Royal Commissions’. This review considers whether amendments are required to secrecy provisions in Commonwealth legislation to adequately protect individuals who provide information to Royal Commissions – and is the first targeted stage of a broader review of Commonwealth secrecy provisions.
In its submission, the Law Council noted the importance of ensuring adequate legal protections for persons wanting to engage with Royal Commissions and the uncertainty produced by the inconsistent framing of existing legal protections for individuals who want to provide secrecy-regulated information to Royal Commissions.
The adverse impact of this uncertainty was demonstrated most recently in the experience of the Royal Commission into Defence and Veteran Suicide. The Royal Commission highlighted the issue to Government through an Interim Report in August 2021, making several recommendations for reform. The Law Council supports the Government’s implementation of Recommendation 6 of the Interim Report and, to that end, its commitment to ‘consult the Royal Commission and other key stakeholders on drafting of the amendments.’ In this regard, the Law Council noted the work completed by the Australian Law Reform Commission in its Making Inquiries Report which sets out alternatives to provide greater certainty to individuals seeking to provide secrecy regulated information.
The Law Council looks forward to engaging with the Department in relation to specific proposals to increase certainty for individuals seeking to provide secrecy regulated information to Royal Commissions, while also balancing other essential public interests associated with the disclosure of secrecy regulated information.
Read more here.
LCA Submissions
Recently published Law Council Submissions.
A Migration System for Australia’s Future, Department of Home Affairs
Regulating Buy Now, Pay Later in Australia, The Treasury
Multinational tax integrity: Public Beneficial Ownership Register, The Treasury
2023-24 Pre-Budget submissions, The Treasury
Missing and murdered First Nations women and children, Senate Legal and Constitutional Affairs Committee
Referendum (Machinery Provisions) Amendment Bill 2022, Joint Standing Committee on Electoral Matters
Review of Commonwealth Secrecy Offences (Royal Commissions), AGD
Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Bill 2022, Senate Standing Committees on Environment and Communications
Section Submissions
Recently published Section Submissions.
- Group B+ proposal on attorney privilege, IP Australia, (Business Law Section)
- Improving the integrity of off-market share buy-backs, The Treasury, (Business Law Section)
- Consultation on proposed guidance: Providing financial services to customers that financial institutions assess to be higher-risk, AUSTRAC, (Business Law Section)
- Consultation on proposed guidance relating to employee due diligence, AUSTRAC, (Business Law Section)
Inquiries and consultations
As of 16 December 2022
Scoping the Establishment of a Federal Judicial Commission, Attorney-General's Department
Access to offenders’ superannuation for victims and survivors of child sexual abuse - The Treasury
Deductible Gift Recipient (DGR) Registers Reform, The Treasury
Climate-related financial disclosure, The Treasury
Select Committee on Foreign Interference through Social Media, Department of the Senate
Nature repair market - exposure draft of legislation, Department of Climate Change, Energy, the Environment and Water
Digital Platforms – Consultation on Regulatory Reform, The Treasury
Panel Publishes Consultation Paper - Revised Guidance Note 19 on Insider Participation in Control Transactions, Takeovers Panel
Australian Securities and Investments Commission investigation and enforcement, Senate Standing Committees on Economics
Religious Educational Institutions and Anti-Discrimination Laws, ALRC
Family Law Amendment Bill 2023, Attorney-General's Department
Migration, Pathway to Nation Building, Joint Standing Committee on Migration
Targeted review of offences for human trafficking, slavery and slavery like practices in Divisions 270 and 271 of the Criminal Code, Attorney-General's Department
Copyright Enforcement Review, Attorney-General's Department
Updated investment governance guidance for superannuation trustees, APRA
Electronic Transaction Act Consultation, Attorney-General's Department
Childcare inquiry, ACCC
Implementation of the National Redress Scheme, Joint Select Committee on Implementation of the National Redress Scheme
Consultation paper on conditional costs agreements, Legal Services Council
Section 249E of the Crimes Act 1900 (NSW) – issues for superannuation trustees, Minister for Prevention of Domestic and Sexual Violence
News and Media
Media releases/statement:
Appointments to Australia’s courts and tribunals, 19 December 2022
Taking the politics out of parole, 21 December 2022
Federal judicial commission a welcome step closer, 17 January 2023
Key media articles:
Mills Oakley expands dispute resolution and insolvency capability with new hire, Australasian Lawyer, 8 February 2023
The latest developments in law reform & advocacy: February 2023, Law Society Journal, 3 February 2023
Australian government continues to seek inputs on proposed federal judicial commission, Australasian Lawyer, 2 February 2023
ChatGPT not likely to wholly replace lawyers (yet), Lawyers Weekly Australia, 2 February 2023
Upcoming Events
Each year, the Australian Environment and Planning Law Group of the Legal Practice Section endeavours to publicly acknowledge and celebrate outstanding lawyers in the environmental law field. The Eminent Environmental Lawyer Award for Excellence recognises an established lawyer whose longstanding and outstanding contribution to the field, both directly and in terms of supporting the education and development of younger lawyers, is worthy of celebration.
For more info and registration: https://www.lawcouncil.asn.au/event/2023-eminent-environmental-lawyer-award-for-excellence
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 Legal Practice Section will be hosting its annual Superannuation Law Conference on the Gold Coast and online on 9-10 March 2023.
Given the challenges we continue to face with COVID-19, we are pleased to announce the conference will be held in a hybrid format, allowing you the flexibility to choose to attend in person or virtually.
For more info and registration here: https://www.lawcouncil.asn.au/event/superannuation-lawyers--conference-2023
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 17-18 March 2023. The conference will be conducted over two days and will canvass current issues in Australian immigration law.
To view the program and registrate here: https://lawcouncil.asn.au/event/immigration-law-conference-2023
The Federal Litigation and Dispute Resolution Section invites you to attend a seminar held by the Alternative Dispute Resolution Committee. The event will be chaired by Mary Walker OAM, Barrister, 9 Wentworth Chambers, Sydney NSW.
The seminar is complimentary, registrations are now open and close 5pm, 19 March 2023: https://lawcouncil.asn.au/event/adr-seminar-2023
