Voice to Parliament is legally safe
The Law Council of Australia encourages Australians to ensure they are fully informed about the proposed constitutionally enshrined Voice and its implications before the 14 October Referendum.
“The legal profession is uniquely qualified to assist the Australian community to understand this issue,” Law Council of Australia President, Mr Luke Murphy said. “We have a responsibility, as a profession, to help people fully understand what is being proposed.”
On 20 September 2023, the Law Council held a webinar which brought together distinguished legal experts to discuss the proposal to be put to Australians next month and answer questions raised by their colleagues.
“Our panel consisted of Professor Megan Davis, the Hon Kenneth Hayne AC KC, Professor Cheryl Saunders AO and Mr Greg McIntyre SC. These speakers are some of the most esteemed legal minds in this country, particularly in Constitutional law.
“The panel was unanimous in their view that the referendum proposal is simple, straightforward, safe and modest. Its strength is its simplicity.
“It reflects how Constitutional amendment should occur and has in the past, in that it asks the public to vote on a principle and leaves it to Parliament to implement the detail. During the webinar, Professor Saunders explained that what goes into the Constitution is what we want to protect. Things we don’t need to protect, that we are happy to see change over time, can and should be left out. This is vitally important as the legislation, the regulations, the rules underpinning the Voice must be flexible and subject to future change with public support and consultation.
“What we as a nation are being asked to decide is whether we agree that our Constitution should recognise Aboriginal and Torres Strait Islander Peoples as the First Peoples of Australia and give them a say in matters that impact them.
“The Law Council strongly encourages all Australians to read and consider the wording of the proposal closely; seek out information from a trusted source, such as the factsheets prepared by the Law Council; and even watch the webinar which is now publicly available on our website.
Read the full media release here.
A more just Australia for people with disability
Implementation of the recommendations of the Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability will make a vital contribution to ensuring a more inclusive and just Australia which supports people with disability to live independently and in safety, the Law Council of Australia said today.
“People with disability are significantly overrepresented across the criminal justice system in Australia, as victims as well as persons accused or convicted of crime. They are also at heightened risk of violence, abuse, neglect and exploitation in criminal justice settings,” Law Council of Australia President, Mr Luke Murphy said.
“The Royal Commission amplified the voices of people with disability enabling them to be heard on how we as a nation can address this unacceptable situation.
“We were pleased to see the Final Report included a focus on support for people with disability in the justice system and reflected positions raised by the Law Council.”
In particular, the Law Council welcomes the Royal Commission’s recommendations regarding achieving more disability-inclusive definitions of family and domestic violence.
Read the full media release here.
Law Council 90th Anniversary
As part of the Law Council’s 90th Anniversary, the Law Council is celebrating this milestone by highlighting its rich history and key achievements throughout the years. The Law Council had the privilege to interview a selection of past Presidents, gaining a unique perspective on their time in the role.
The series of interviews will be published on the Law Council website leading up to the Law Council’s 90th Gala Dinner in December 2023.
The Law Council had the honour to interview immediate past President, Tass Liveris. During his term, Tass had an active role in the Law Council's relocation project and lead external stakeholder engagement amongst members of the 47th Parliament of Australia.
Read the full interview here.
Updated Privacy Act vital in the digital age
On 29 September 2023, the Law Council of Australia welcomed the Government’s response to the Privacy Act Review Report as an important step towards ensuring the nation’s privacy laws keep pace with technology and community expectations.
“Noting that the majority of the Government’s responses are 'in-principle agreement', there is a significant amount of further work to be done in terms of additional consultation prior to implementation. The Law Council looks forward to further engagement to progress these reforms in a timely and considered manner,” Law Council of Australia President, Mr Luke Murphy said.
The Law Council particularly supports the Government's in-principle agreement towards clarifying an expansive definition of 'personal information' under the Privacy Act, noting that this is a central concept to privacy law in Australia. The removal of these ambiguities will deliver much-required certainty as to the scope and substance of the regime.
Read the full media release here.
Equitable Briefing Policy Annual Reports 2022/23
Deadline date extended! Adoptees of the Policy now have until COB Monday, 9 October 2023 to submit their annual report for the Equitable Briefing Policy. To submit a report or for more information, visit the LCA website here.
International Law Section Essay Competition for Studies in the Law of the South Pacific
The International Law Section 2023 essay competition is still open. Essays are to explore the topic 'The Efficacy of Existing Cross Border Dispute Resolution Mechanisms in the South Pacific Region'.
Candidates have the option of submitting previously published work of up to 5,000 words or an original work not exceeding 3,000 words. Candidates will be asked to authorise their essay for publication by the International Law Section, which may publish the winning essay on the Law Council website. The winner will receive a prize value of up to $500.00 (AUD).
Please email completed essay to doris.wimmler@lawcouncil.au by COB Tuesday, 28 November 2023.
For more information about the competition, please visit here.
The Young Federal Litigation Lawyer of the Year Award
The 2024 nomination round for the Young Federal Litigation Lawyer of the Year Award is now open. Nominations close 5pm Friday, 12 January 2024.
The Young Federal Litigation Lawyer of the Year award is given to a young lawyer who has made an outstanding contribution in the field of federal litigation and dispute resolution. Each recipient of the award is recognised for their contribution to the practice of federal litigation and dispute resolution and, where relevant, their contribution to the legal and wider community.
For information about the eligibility and nomination process, click here.
LCA Submissions
Recently published Law Council Submissions.
- New Aged Care Act: the foundations, Department of Health and Aged Care.
- Environmental and sustainability guidance, Australian Competition & Consumer Commission (ACCC).
- Legislating the objective of superannuation (second round), The Treasury.
Section Submissions
Recently published Section Submissions.
- Review of the implementation of the 1 July 2022 changes to the Commonwealth Procurement Rules, Australian Small Business and Family Enterprise Ombudsman, (Business Law Section).
- Responsible Lending Approach consultation, Australian Financial Complaints Authority, (Legal Practice Section).
- Licensing exemptions for foreign financial services providers, The Treasury, (Business Law Section).
- Consultation on updates to Part 6 (v 1.4) of the FOI Guidelines: conditional exemptions, Office of the Australian Information Commissioner, (Federal Dispute Resolution Section).
- High Seas Biodiversity Treaty, Department of Climate Change, Energy, the Environment and Water, (Legal Practice Section).
Inquiries and consultations
As of 6 October 2023.
- Treasury Laws Amendment (Better Targeted Superannuation Concessions) Bill 2023, The Treasury.
- Environmental and sustainability guidance, Australian Competition & Consumer Commission.
- Water Amendment (Restoring Our Rivers) Bill 2023 [Provisions], Senate Standing Committees on Environment and Communications.
- Review of the regulatory framework for managed investment schemes - consultation, The Treasury.
- Personal Insolvency Consultation, Attorney-General's Department.
- Counter-Terrorism and Other Legislation Amendment Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
- Identity Verification Services Bills 2023, Legal and Constitutional Affairs References Committee.
- Digital ID Bill and Digital ID Rules, Digital ID Bill and Digital ID Rules.
- Family Law Amendment (Information Sharing) Regulations 2023, Attorney-General's Department.
- Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, Senate Education and Employment Committees.
- Exposure Draft: Family Law Amendment Bill (No. 2) 2023, Attorney-General's Department.
- Closing the Gap Review, Productivity Commission.
- CP 372 Guidance on insolvent trading safe harbour provisions: Update to RG 217, Australian Securities & Investments Commission (ASIC).
- Independent Review of the National Legal Assistance Partnership, Independent Reviewer.
- Unfair trading practices - Consultation Regulation Impact Statement, The Treasury.
- Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, Parliamentary Joint Committee on Intelligence and Security.
News and Media
Media releases/statement:
- Voice to Parliament is legally safe, 25 September 2023.
- Updated Privacy Act vital in the digital age, 29 September 2023.
- A more just Australia for people with disability, 6 October 2023.
Key media articles:
- 'Australian federal police using AI to analyse data obtained under surveillance warrants', The Guardian, 22 September 2023.
- 'Judges face legal threats after ruling', Sydney Morning Herald, 23 September 2023.
- 'Top judges boycotting risky cases', Weekend Australian, 23 September 2023.
- 'TV networks raise concerns over censorship', Sun Herald, 24 September 2023.
- 'Voice's strength in its simplicity: experts', Canberra Times, 26 September 2023.
- 'Interview: Law Council President, Luke Murphy, on Radio 2SM, discussing the Voice Referendum and urging voters to get fully informed about the proposal for the referendum.', 25 Sep 2023.
- 'Interview: Law Council President, Luke Murphy, on FM101.9 with Fifi, Fev and Nick, President Luke Murphy says his organisation is confident the proposed changes to the constitution are legally safe should Australia back them in. The Law Council has considered the proposed amendment to the constitution and considers that the proposal is an orthodox approach to the proposal.', 26 September 2023.
- 'Law Council declares Voice to Parliament legally safe', Yea Chronicle, 27 September 2023.
- '‘A modest proposal that means what it says': Expert panel on the Voice', Law Society Journal, 27 September 2023.
- 'Strength is its simplicity', North West Star, 28 September 2023.
- 'The fallout from a recent case has federal circuit judges nervous – but legislating to protect them may be a step too far', The Guardian, 28 September 2023.
- 'High Court justices 'have to be subject to watchdog'', The Australian, 2 October 2023.
- 'FOI delays a 'cancer' on access', Australian Financial Review, 2 October 2023.
Upcoming Events
The Federal Dispute Resolution Section will be hosting a ADR Seminar in Adelaide on 12 October 2023. The event will be chaired by Ms Mary Walker OAM, commentary on Med-Arb & Hybrid ADR processes.
Registrations close Monday, 9 October 2023. Limited tickets still available. To learn more about the event or to register click here.
The Immigration Law Committee from the Federal Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers in the Gold Coast.
The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience.
Registrations is now open, and close Friday, 20 October 2023. Learn more and register here.
The Federal Dispute Resolution Section will be hosting its second Commonwealth Law Conference in Melbourne on 22 – 23 February 2024.
The conference will cover a broad range of topics presented by leading lawyers in federal law, in house counsel, members of the judiciary and federal tribunal members.
Key speakers include:
- The Honourable Chief Justice Mortimer
- The Honourable Paul Le Gay Brereton SC
- The Honourable Justice Emilios Kyrou AO
- The Honourable Justice Button
- Plus more.
Early bird registrations are now open, and close Friday, 10 November 2023. Learn more and register here.
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 14-15 March 2024. The conference will be conducted over two days and will canvass current issues in Australian immigration law.
If you would like to be placed on the mailing list for this event, please contact the Section Administrator on the details below. Registrations will open mid to late 2023. Learn more here.
LAWASIA and The Bar Association of India have the great pleasure of inviting their members and other legal professionals to join the 36th LAWASIA Conference from Friday 24 to Monday 27 November 2023 in the bustling city of Bengaluru, India at the Four Seasons Hotel Bengaluru.
The Annual Conference is LAWASIA’s flagship event and the highlight of its professional events program. It is a platform for the convergence of bar leaders, jurists, professional organisations and individual lawyers from across the Asia Pacific, and is designed to facilitate the discussion of regional developments in law, including Family Law, Human Rights & Rule of Law, Business Law, Environmental Law, Alternative Dispute Resolution, Criminal Law, Intellectual Property
As a generalist legal event, the Annual Conference also serves as an important forum for sharing ideas, building professional networks, reinforcing shared professional values, advocating for the rule of law in varied jurisdictions, and advancing the status of the legal profession in the Asia Pacific.
To learn more about the conference and to register, visit the LAWASIA website.
