Bar Council business for March 2008

01/04/2008

Governance

Matters�reported elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted in this summary. Any member interested in a particular matter should contact either the relevant member of Bar Council or the executive director for further information.

Services for the commencement of the 2008 Law Term The president reported that she attended the Jewish Service for the commencement of the 2008 Law Term on 1 February 2008 and the Greek Orthodox Service on Friday, 5 February 2008. Swearing in of Paul Lakatos SC to the District Court The president spoke on behalf of the Bar at the swearing in ceremony for Paul Lakatos SC on 4 February 2008.� The ceremony was well attended. Counsel appearing in Division 12A, Family Law Act 1975 proceedings In response to a letter referred by the Family Law Committee, the president met with its chair, Grahame Richardson SC to discuss counsel appearing in Division 12A proceedings.� The president will raise this matter with the chief justice of the Family Court when they next meet. CPD Mini Conferences The president reported that she and the executive director had attended the three� CPD mini-conferences held so far this year: at Kingscliff on 9 February, Newcastle on 16 February and Parramatta on 23 February 2008.� Apology to the Stolen Generations On 13 February the president attended the television screening in the Common Room of the Apology to the Stolen Generations by the Federal Parliament.� The screening was well attended. Meeting with Executive of the Law Society The Executive of the Bar Council was invited to lunch with the Executive of the Law Society on 13 February 2008.� There was a robust discussion and a good exchange of ideas. Meeting with NSW Attorney General John Hatzistergos The president and the executive director met with the attorney general.� The discussion primarily focussed on consultation about judicial appointments and the questioning of witnesses in sexual assault trials. Productivity Commission report On 18 February 2008 the president and the executive director met with the chief judge at common law to discuss a report in The Australian on 8 February 2008 about the Productivity Commission’s recent report into court productivity.� The Australian’s report had contained a number of incorrect statements about the Supreme Court’s productivity. beyondblue seminar for heads of chambers and clerks The president advised that the beyondblue seminar on 21 February was very well attended and warmly received.� The seminar is also being run at the mini-conferences; the clerks will also be holding a further seminar. Farewell sitting for the Hon Lance Wright, president of the Industrial Relations Commission The president and executive director had attended a ceremonial sitting for the retirement of the Hon Lance Wright, president of the Industrial Relations Commission on 22 February 2008.� The solicitor general spoke on behalf of the Bar. Meeting with President Ross Ray QC and Secretary General Bill Grant, Law Council of Australia The president and executive director had met with the new president and secretary general of the Law Council of Australia on 22 February.� Working Party on the Bar and the community The president attended the inaugural meeting of the Working Party on the Bar and the Community on 25 February 2008. Women counsel and the Federal Court On 25 February the president, with Needham SC and the Bar Association’s project officer, Cindy Penrose, met with Branson J and Bennett J to discuss issues affecting women appearing before the Federal Court.� The president� had asked the Equal Opportunity Committee to follow up matters raised at the meeting, which were set out in her memorandum to the executive director ‘Under-representation of women at the Bar’ dated 26 February 2008, a copy of which was before the Bar Council. Commonwealth Bank The president, Rachel Pepper, Liz Olsson SC and Christine Adamson SC (president, Women Barristers Forum) met with representatives of the Commonwealth Bank on 29 February 2008.� The group discussed proposals on how to ease the financial burden for women at the Bar and equitable briefing.� The president is arranging further meetings with senior bank staff about equitable briefing. NSW shadow attorney general The president, Odgers SC and the Bar Association’s project officer, Cindy Penrose, met with Shadow Attorney General Greg Smith SC MP.� They had a wide ranging discussion about the Opposition’s policies on criminal law. Changes to the New South Wales Barristers’ Rules The president advised that she had been interviewed by Alan Jones on 2GB and Lawyers Weekly about the proposed amendments to 35 and 35A of the New South Wales Barristers’ Rules. The executive director reported that the proposed amendments had been circulated to the Bar, attorney general and legal services commissioner.� The director, legal is coordinating any feedback and will prepare a report for the Bar Council by the end of March. Law Council of Australia The LCA’s directors were to meet on Saturday, 15 March.� The new secretary general has taken on board the Bar Association’s suggestions concerning better implementation of the equitable briefing policy. Charter of Human Rights for NSW The president welcomed Simeon Beckett and Sarah Pritchard to the meeting.� Beckett provided an overview of the consultation process since the Bar Council last considered the Human Rights Committee’s options paper.� He advised that 75 per cent of the comments received by the committee from barristers were in favour of the Bar Association supporting a NSW Charter of Human Rights.� Two discussion forums had been held, the first addressed by the Hon Michael McHugh AC QC and the second by Professor Hilary Charlesworth and Noel Hutley SC. Bar Councillors addressed a number of questions to Beckett and Pritchard, who then withdrew from the meeting. The Bar Council then debated the recommendations in the memorandum from the Human Rights Committee. The Bar Council resolved to recommend the adoption of a charter of rights for NSW with the following features: (a)�Maintenance of the sovereignty of the NSW Parliament; (b)�Enactment by statute; (c)�Protection of the following rights (taken from the Victorian Charter adapted in accordance with NSW law): equality before the law, right to life, protection from torture or cruel, inhuman and degrading treatment, freedom from forced work (slavery, servitude or compulsory labour), freedom of movement, protection of privacy and reputation, freedom of thought, conscience, religion, belief, expression, peaceful assembly and freedom of association, protection of families and children, right to take part in public life, cultural and property rights, right to liberty and security of the person, right to humane treatment when deprived of liberty, right to a fair hearing, rights in criminal proceedings, right not to be tried or punished more than once, rights in relation to retrospectivity of criminal laws (‘Human Rights’); (d)�Public authorities and those exercising a public power be required to act in accordance with human rights unless required by statute to act otherwise; (e)�Requiring a member introducing a Bill to deliver a reasoned statement to parliament as to whether the Bill is compatible with human rights or not; and (f)�Incorporating a review mechanism no later than five years after commencement to ascertain whether rights in the charter should be reviewed, whether human rights might more adequately be enforced and whether a right to damages should be added to the charter. The executive director was asked to make the resolution available to all members of the New South Wales Bar, other bars, the Australian Bar Association, Law Council of Australia and the Law Society of New South Wales. Directors’ duties The senior vice-president outlined the responsibilities of the Bar councillors as directors of the New South Wales Bar Association. He emphasised that it was imperative that all of the directors’ actions were done in the best interests of the association. They had both constitutional and statutory responsibilities and must ensure that they do not engage in activities that could amount to a conflict of interest. The senior vice-president noted that if a director felt that was something that may affect his or her ability to deal impartially with a matter, then that concern should be disclosed. He emphasised the importance of confidentiality. All deliberations of the Bar Council, Benevolent Fund and Executive must remain confidential.� The outcomes of the council’s deliberations are publicised through the publication in In Brief of the edited minutes. For reasons of proper governance, any matters that Bar councillors wished to raise concerning operations of the association should be directed to the president or the executive director (or the director, law reform and public affairs or the executive assistant in his absence, and the director, professional conduct on conduct matters).� Bar councillors should not approach staff direct. So far as possible, the president or executive director should be given prior notice of matters Bar councillors wish to raise at Bar Council meetings that were not listed on the agenda. 3 April 2008