Policy submissions

Thanks to the many experts assembled on our committees, the Society is able to look in detail at proposed legislation and its impact, not only on legal practice in the ACT, but on the community’s access to justice, and the fairness and efficiency of the administration of justice. 

We maintain a strong relationship with the ACT Government’s Justice and Community Safety directorate, which gives us the opportunity to comment on proposed legislation. We also respond to requests from other entities, including ACT Legislative Assembly Committees, and the Shadow Attorney-General, for our comments on exposure drafts of proposed legislation.

The list below sets out some of the submissions made by the Law Society. Consultation-in-confidence correspondence and submissions are not included.

Policy submissions

DATE

SUBJECT OF SUBMISSION / CORRESPONDENCE

RECIPIENT

2 October 2020

Discussion paper: Review of Australia's bilateral investment treaties

Department of Foreign Affairs & Trade

23 October 2020

Discussion paper: Review of the Lands Acquisition Act 1989

Department of Finance

3 November 2020

Draft consultation paper in relation to rule 11A: Short-term legal assistance service

Law Council of Australia

6 November 2020

Draft national action plan to reduce sexual harassment in the Australian legal profession

Law Council of Australia

19 March 2021

MAI regulation: Collection of legal costs information

Motor Accident Injuries Commission

24 March 2021

Proposed amendments to service provisions of the Bail Act 1992 and Bail Regulation 1992

Justice and Community Safety Directorate (JACS)

26 March 2021

Proposed amendments to service provisions of the Bail Act 1992 and Bail Regulation 1992 (re-draft)

JACS

26 March 2021

Civil Law Wrongs Act Amendment Bill 2021: Model defamation laws

JACS

31 March 2021

JACS proposed legislative amendments (family violence sentencing)

JACS

1 April 2021

Court and Other Justice Legislation Amendment Bill 2021

JACS

16 April 2021

Discussion paper: Judge alone trials and jury issues

JACS

20 April 2021

Lawyer project draft report

Law Council of Australia

23 April 2021

Compensation fund for Mr Fluffy asbestos victims

ACT Chief Minister;
Minister of Health

24 April 2021

Regulation 67B of the Family Law Regulation 1984

Law Council of Australia

30 April 2021

Supporting older Australia: Exempting granny flat arrangements from Capital Gains Tax (CGT)

The Treasury

10 May 2021

Federal Court draft commercial arbitration practice note

Law Council of Australia

11 May 2021

Review of direct cross-examination ban in family law proceedings

Law Council of Australia

12 May 2021

Crimes (Stealthing) Amendment Bill 2021

JACS

13 May 2021

Proposed reforms on expanding police use of body worn cameras

JACS

13 May 2021

Final report of the review of the Family Violence Act 2016 (proactive)

JACS

24 May 2021

Work Health and Safety Amendment Bill 2021: Industrial manslaugter (embargoed consultation)

Chief Minister, Treasury & Economic Development Directorate

25 May 2021

Crimes (Family Violence) Legislation Amendment Bill 2021

Office of Elizabeth Lee MLA

26 May 2021

Crimes Legislation Amendment Bill 2021: First instance witness warrants

JACS

28 May 2021

Suggested legislative amendment: Section 375 of the Crimes Act and the Childrens Court jurisdiction

JACS

3 June 2021

Crimes Legislation Amendment Bill 2021: Family violence in sentencing

JACS

3 June 2021

Inquiry into the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2021

ACT Legislative Assembly Drugs of Dependence Committee

17 June 2021

Intermediary program: Proposed next steps in engaging with the accused

ACT Human Rights Commission IMG Program

28 June 2021

Discussion paper: A new decision making framework for property matters in family law

Law Council of Australia

DATE

SUBJECT OF SUBMISSION / CORRESPONDENCE

RECIPIENT

20 March 2019

Submission to the Inquiry into Drugs of Dependence (Personal Cannabis Use) Amendment Bill

Standing Committee on Health, Ageing and Community Services

11 June 2019

Comments on proposed amendments to Part 2 and Part 4 of the Bail Act 1992 (ACT)

ACT Attorney-General

28 June 2019

Submission to Consultation on the discussion paper 'Review of child protection decisions in the ACT'

Justice and Community Safety Directorate

24 July 2019

Comments on the Crimes Legislation Amendment Bill 2019 (ACT)

ACT Attorney-General

26 July 2019

Comments on the definition of 'legal practitioner' in the Legal Profession Act and the Legislation Act

ACT Attorney-General

16 August 2019

Comments on the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019

Senate Legal and Constitutional Affairs Legislation Committee

20 September 2019

Submission to the Inquiry into Child and Youth Protection Services (Part 2)—Information Sharing under the Care and Protection System

Standing Committee on Health, Ageing and Community Services

3 October 2019

Comments on changes to robing requirements for solicitors

Registrar, ACT Supreme Court

13 November 2019

Submission to the Inquiry into the Building and Construction Legislation Amendment Bill 2019

Standing Committee on Economic Development and Tourism

21 November 2019

Comments on the Crimes (Disrupting Criminal Gangs) Legislation amendment Bill 2019 (ACT)

Justice and Community Safety Directorate

6 December 2019

Comments on the ACT Magistrate Court Practice Direction Criminal 1 (Adult criminal matters)

Acting Chief Magistrate, ACT Magistrates Court

17 March 2020

Comments on the Crimes (Offences Against Vulnerable People) Legislation Amendment Bill 2020

Justice and Community Safety Directorate

24 March 2020

Comments on the necessity of introducing amendments to allow for an election for Judge Alone Trials to deal with COVID-19

ACT Attorney-General

1 April 2020

Comments objecting to overreach in respect of ‘Judge Alone Trial Reforms - Fundamental Rights at Stake’

ACT Attorney-General

22 April 2020

Comments on Covid-19 and AV links from the Magistrates Court

ACT Minister for Corrections

20 May 2020

Comments on the land tax treatment of testamentary trusts under the Land Tax Act 2004 (ACT)

ACT Attorney-General

22 May 2020

Comments on the registration of Revocations of Powers of Attorney and aliases in Powers of Attorney

ACT Registrar-General, Access Canberra

DATE

SUBJECT OF SUBMISSION / CORRESPONDENCE

RECIPIENT

11 July 2018

Proposed amendments to the definition of tainted property — section 10, Confiscation of Criminal Assets Act 2003 (ACT)

Deputy Director-General, Justice and Community Safety Directorate

13 July 2018

Family Law Amendment (Family Violence and Cross-Examination of Parties) Bill 2018

Legal and Constitutional Affairs Committee of the Senate

18 July 2018

Comments in relation to consultation paper — Developing the National Plan on Elder Abuse

Justice and Community Safety Directorate

31 July 2018

Submission — Veterans' Advocacy and Support Services Scoping Study

Department of Veterans' Affairs

30 August 2018

Options Paper: Reform options to facilitate greater admissibility of tendency and coincidence evidence in criminal proceedings

Justice and Community Safety Directorate

5 September 2018

Inquiry into the establishment of an integrity commission for the ACT

Select Committee on an Independent Integrity Commission

11 September 2018

Elder Abuse and the Powers of Attorney Act 2006 (ACT)

Attorney-General

11 September 2018

Amendments to public notices to distribute a deceased estate, Part 3A Administration and Probate Act 1929 (ACT) and Family Provision Act 1969 (ACT)

Attorney-General

14 September 2018

Inquiry into the Crimes (Consent) Amendment Bill 2018 (ACT)

Select Committee on Justice and Community Safety

15 October 2018

Land Titles Act 1925 (ACT)

Peg Consulting Pty Ltd

19 October 2018

Review of the Lease Variation Charge

ACT Government

19 October 2018

Motor Accident Injuries Bill 2018 — Inquiry

Standing Committee on Justice and Community Safety

9 November 2018

Criminal justice reform (child sexual abuse reform options)

Justice and Community Safety Directorate

31 January 2019

Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018 (ACT)

Jeremy Hanson MLA

20 February 2019

Delays in processing Centrelink clearances

Minister for Human Services and Digital Transformation

20 March 2019

Inquiry into the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018

Standing Committee on Health, Ageing and Community Services

29 March 2019

Law Society concerns — Motor Accident Injuries Bill 2019

Caroline Le Couteur MLA

10 May 2019

Comment — Justice and Community Safety Legislation Amendment Bill 2019

Attorney-General

11 June 2019

Proposed amendments to Part 2 and Part 4 of the Bail Act 1992 (ACT)

Attorney-General, and Minister for Corrections

 

 

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