Inbrief

Policy decisions taken since the budget and featured in MYEFO include:

a. Securing Agreement to the National Legal Assistance Partnership (pg 198)

“The Government will provide an additional $23.8 million over three years from 2020-21, including ongoing funding as part of the single mechanism for Commonwealth legal assistance funding. This includes $15.3 million in additional funding for the delivery of frontline legal services to vulnerable Australians with legal needs. This additional funding is contingent on it being matched by the states and territories. The measure also provides the states and territories with $8.5 million for administration costs associated with the single national mechanism, and achieves savings of $1.7 million over three years from 2020-21 from Commonwealth administrative costs. This measure builds on the 2019-20 Budget measure titled Single National Mechanism for Commonwealth Legal Assistance that provided $1.2 billion over three years from 2020-21 for the single mechanism for Commonwealth legal assistance funding.

b. Supporting Victims of Family Violence in the Courts (pg 199)

“The Government will provide $15.5 million over three years from 2019-20 to support those affected by family violence who are involved in family law proceedings. This funding includes:

• $13.5 million over three years from 2019-20 to the Federal Court of Australia to pilot a screening and triage program for matters being considered by family law courts, with three interconnected processes: screening parenting matters for family safety risks at the point of filing; triaging matters to an appropriate pathway based on the identified level of risk; and maintaining a specialist list to hear matters assessed as involving a high risk of family violence

• $2.0 million in 2019-20 to legal aid commissions to provide legal representation to ensure that victims of family violence are not subject to cross-examination by their alleged abusers. This funding builds on the 2018-19 MYEFO measure titled Women’s Economic Security Package.”

c. PMC – additional funding to National Indigenous Australians Agency (pg 272)

“The Government will provide $74.7 million over four years from 2019-20 to the Department of the Prime Minister and Cabinet and the National Indigenous Australians Agency. This funding is an investment in the capacity of the Australian Public Service to respond to challenges and opportunities and deliver better services for the Australian people.”

d. Implementing the Govt’s response to Financial Services Royal Commission – additional funding

“The Government will provide additional funding in 2019-20 to support agencies as they undertake consultation and develop reforms to implement the Government’s response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal Commission), including the delivery of the Unpaid External Dispute Resolution Scheme. This measure builds on the 2019-20 Budget measure titled Government Response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. Further information on these reforms can be found in the Government’s response to the Royal Commission’s recommendations announced by the Prime Minister and the Treasurer on 4 February 2019 and the press release of 19 August 2019 issued by the Treasurer.”

The intention of the amendments is to provide:

• Clarity about the qualitative content of a CPD activity - by plainly stating that a CPD activity must be relevant to the barrister's professional development needs in relation to the barrister's practice of the law; and

• Guidance about the types of activities in various formats that may comprise a CPD activity - by creating a list of the same.

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place, please click on any of the "Register Now" buttons located on the dedicated 2020 Regional Conference Series website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

The conference will run from 9:00 am to 3.00 pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. Please register early to avoid disappointment.

The Reports detail: - Highlights of our activities throughout the year - Progress against our Strategic Plan - Our financial statements - The national legal profession snapshot, and - A comprehensive analysis of complaints data for the Uniform Law states.

"Rather than waste further energy on this flawed Bill, the Government should start a mature consideration of a Charter of Rights. Rights and obligations need to be set out clearly in one place through a Charter of Rights so they are properly understood by Australians", said Moses SC. Instead, he said that the government's current approach to protection of rights risks "confusion and conflict".

The effect of the amendments is to:

• Clarify the duration of a practising certificate that is not suspended, cancelled or surrendered - to expressly include 30 June as its last day.
• Assist solicitors of law practices holding money received in certain circumstances for investment purposes and/or money received pursuant to a written direction, to comply with their obligations regarding these types of trust money - by creating new categories to account for them.
• Promote efficiency, certainty and safety in complying with a client's directions to withdraw controlled moneys - by creating a hierarchy of authorised people who may withdraw money from the relevant controlled money account if the principal of the law practice is unavailable.
• Promote clarity and accountability - by specifying the details a law practice must record when payments are made from a controlled money account.
• Enhance order and transparency - by mandating that a solicitor's law practice opens and maintains a file for each matter.
• Save solicitors' time and increase the efficiency of routine auditing - by mandating that a law practice record the location of any regulated property related to a matter in the register of files opened.
• Allow efficient auditing and file transfer by setting a standard as to how registers of files opened, registers of safe custody documents and registers of financial interests are to be maintained - including legibly, in English and accessible at all times to an external intervenor, an investigator and a person conducting a compliance audit.

The Shadow Attorney-General has indicated (attached here) that the Federal Opposition will be consulting widely with the Australian community regarding the proposed legislation.

The conference will run from 9:00 am to 3.00 pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. Please register early to avoid disappointment.

**Please note, completion of the form does not imply that a place on the course is guaranteed. Places are extremely limited. Priority will be given to those barristers who have a demonstrated interest in the education programs of the NSW Bar Association.

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place, please click on any of the "Register Now" buttons located on the dedicated 2020 Regional Conference Series website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au