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
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2020-21 financial year
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 Health24 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
-
2019-20 financial year
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
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
-
2018-19 financial year
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