Government Regulators Exercising Powers

Join and examine crucial aspects of regulatory governance. Commissioner for Better Regulation Victoria, Cressida Wall, delivers a keynote followed by sessions covering case law highlights, recent developments in civil penalty proceedings, public interest immunity, and considerations in exercising discretion. Gain fresh perspectives on civil penalty regimes, public interest immunity claims, and the complexities of exercising discretion. Don't miss this opportunity to enhance your understanding of regulatory powers.

Thursday, 6 June 2024
Early Bird Discount ends 10 May 2024 $353.50
Chair:

Daniel Star, Barrister, Owen Dixon Chambers West

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 9.20am Keynote Address from the Commission for Better Regulation Victoria Evidence-Led Regulatory Reform and the Benefits to Regulators and Citizens

 

  • Understanding the risks/harms that regulators are charged with addressing, what is needed to support this: from up front approvals through to compliance and enforcement action
  • The burdens on the private sector and how government can alleviate them
  • Towards best practice for regulation and meeting citizen expectations

Presented by Commissioner Cressida Wall, Better Regulation Victoria, Economic Growth Victoria

9.20am to 10.00am Insights from the Bar: Case Law Highlights with a Focus on Criminal Enforcements

 

  • Key cases, their significance and implications for regulators
    • Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16 (24 April 2020)
    • National Heavy Vehicle Regulator v Birrell [2023] SASC 49
    • St Vincent's Care Services Ltd v The Queen [2022] VSCA 186 (2 September 2022)

Presented by Aggy Kapitaniak, Barrister, Foley’s List and Cheryl Richardson, Barrister, Foley’s List

10.00am to 10.40am Recent Developments in Civil Penalty Proceedings

 

  • The recent expansion of civil penalty regimes in Victoria
  • Recent issues in establishing liability
  • Determining penalties: the state of the law since ABCC v Pattinson

Presented by Matthew Peckham, Barrister, Owen Dixon Chambers West

11.00am to 11.20am Morning Tea
11.20am to 12.15pm Public Interest Immunity

 

  • The relevance of public interest immunity to regulators 
  • How to claim public interest immunity
  • Waiver of public interest immunity
  • Evaluating the strength of public interest immunity claims
  • Overview of key cases 

Presented by Lucy Line, Barrister, Foley’s List

12.15pm to 1.15pm Considerations in Exercising Discretion

 

  • Discretion under the rules
  • Considerations when exercising discretion
  • AFCA’s similarities and differences of differing government bodies and the impact of the exercise of discretion: a case study
  • Recent case law involving AFCA

Presented by Shail Singh, Lead Ombudsman Investments and Advice

Presenters


Ms. Lucy Line, Barrister, Foley’s List
Lucy M.E. Line has practised as a barrister at the Victorian Bar and Tasmanian Bar for nine years. She specialises in regulatory and disciplinary matters, spanning the legal, education, medical and financial sectors. Lucy’s regulatory and disciplinary experience includes: acting for the Victorian Legal Services Commissioner, acting for legal practitioners the subject of disciplinary proceedings, and acting for individuals seeking admission to the profession; acting for the Victorian Inspectorate in respect of investigations into a Victorian integrity body, including as counsel assisting the Victorian Inspectorate in compulsory examinations; acting for the Commonwealth Director of Public Prosecutions in respect of prosecuting breaches of the Corporations Act 2001 (Cth); acting for the Victorian WorkCover Authority with respect to occupational health and safety breaches; acting for Comcare with respect to defending occupational health and safety charges; acting for the Australian Health Practitioner Regulation Agency; acting for and against the Victorian Institute of Teaching; and appearing in commissions of inquiry. Lucy is a Senior Fellow at Monash University, where she teaches Juris Doctor students, and is an Adjunct Lecturer at the University of Tasmania. Lucy also sits as a member of the ethics committee of the Victorian Bar. Prior to coming to the Bar, Lucy was a Judge’s Associate at the Supreme Court of Victoria, a solicitor at Corrs Chambers Westgarth, and worked as a legal officer at the Commonwealth Attorney-General’s Department.


Mr. Shail Singh, Lead Ombudsman Investments and Advice, Financial Ombudsman Service
Shail completed a law/science degree at the University of Melbourne in 1996 and commenced his legal career in 1997 at a top-tier Australian Law Firm Blake Dawson Waldron (now Ashursts). Since that time, Shail has worked both in-house, and as legal counsel for various regulators including Worksafe Victoria and the Medical Practitioners Board of Victoria. Shail completed his Masters in Law at the University of Melbourne in 2005, and in 2008 he left the law to train and work as a financial planner, completing his Advanced Diploma of Financial Planning in 2009 at Kaplan, before joining AFCA’s predecessor scheme, FOS, as a case manager in 2010. Shail was appointed as an Ombudsman at the commencement of AFCA in 2018, and then the Senior Ombudsman (Investments and Advice) in 2021. From January 2022 he was the Acting Lead Ombudsman Investments and Advice until he was officially appointed to the role in May 2023. Shail has now worked in dispute resolution for over a decade and is a specialist in Investments and Advice complaints. This includes financial planning, derivatives, managed funds, timeshare, cryptocurrency and stockbroking disputes.


Commissioner Cressida Wall, Better Regulation Victoria, Economic Growth Victoria
Appointed Commissioner for Economic Growth and Better Regulation Victoria in January 2024, Cressida has a deep understanding of government from working across both public and private sector roles for two decades. In her previous role as Office of Projects Victoria CEO, Cressida oversaw transformative major projects reporting and policy reform. In previous roles as a senior adviser to premiers and government ministers and as a chief of staff, Cressida specialised in infrastructure policy, strategy, and major projects. To drive innovation and efficiency, Cressida advocates for strong collaboration between the private and public sectors. A commercial litigator by trade, Cressida has worked at Minter Ellison and Corrs, Chambers Westgarth and was a Director on the Board of State Trustees Victoria and an OPV Advisory Board Member. She established a private equity company and was the CEO of its property division. Cressida has also advocated to the government as the Victorian Executive Director of the Property Council of Australia.


Ms. Aggy Kapitaniak, Barrister, Foley’s Lis
Over the past 13 years Aggy has developed a practice in Crime and quasi- criminal matters in all jurisdictions. Aggy has developed a varied practice including advising and appearing in regulatory matters, commissions of inquiry and IBAC. Her particular skill is in matters involving the intersection between employment and criminal law and corporate crime. With this experience, it has seen her also build a practice in OHS/Worksafe prosecutions and WHS. Aggy also appears in Employment law, Civil penalty, Equal Opportunity and Discrimination matters. She is also an Accredited Advocacy Coach of the Bar and enjoys regularly coaching the Bar readers. Recently Aggy travelled to Papua New Guinea as a Victorian Bar delegate to teach at the Legal Training Institute as part of a Federal Government humanitarian program. Current Deputy Chair of the Human Rights Committee of the Bar; Former elected Committee member of the Criminal Bar Association; Former Committee member of Liberty Victoria; Research assistant, Clough & Mulhern, The Prosecution of Corporations, 2002, Oxford University Press; Current contributing author of Bourkes' Criminal Law - Lexis Nexis - Confiscation and Investigation Aggy holds an indictable Crime Certificate (ICC accreditation by the Bar) and is Preferred Trial Counsel for VLA.


Ms. Cheryl Richardson, Barrister, Foley’s List
Cheryl has substantial experience in occupational health and safety including the conduct of investigations and associated proceedings. Prior to coming to the Bar, Cheryl was a Senior Legal Adviser at Comcare where she provided advice in relation to investigations and prosecutions conducted under the Work Health and Safety Act 2011 (Cth). Before Comcare, Cheryl was a Lead Lawyer at WorkSafe Victoria where she prosecuted offences under the Occupational Health and Safety Act 2004, Accident Compensation Act 1985 and Workplace Injury Rehabilitation and Compensation Act 2013. Cheryl was a solicitor at the Transport Accident Commission where she advised on and prepared proceedings in relation to statutory benefit disputes in the Victorian Civil and Administrative Tribunal, serious injury applications, and common law damages trials. Cheryl also has criminal law experience, having worked at the Office of Public Prosecutions. Cheryl managed a broad range of matters involving homicide, drugs and fraud. Cheryl was also a member of the Specialist Sexual Offences Unit. She regularly appeared in both the Magistrates’ Court and County Courts.


Mr. Daniel Star, Barrister, Owen Dixon Chambers West
Dan has been at the Victorian Bar for twenty five years and has been a Silk for seven years. His practise is in cases in the Federal Court and the Supreme Court particularly in administrative law, class actions, commercial/corporations litigation and other regulatory matters. He has acted for and against a broad range of Commonwealth and State Ministers, departments and agencies/regulators in investigations and litigation. Dan is also briefed to provide written advice on matters of statutory interpretation. He has experience in royal commissions and inquiries such as the Yoorrook Justice Commission (2023-2024) and the COVID-19 Hotel Quarantine Inquiry (2020). Dan holds a first class honours degree in law from the University of Melbourne. He is a writer/editor of the monthly "Federal Court Judgments" section in the Law Institute Journal published by the Law Institute of Victoria. Dan is the Chair of the Victorian Bar's Human Rights Committee.


Mr. Matthew Peckham, Barrister, Owen Dixon Chambers West
Matthew has particular expertise in complex commercial litigation, civil penalty proceedings, regulatory investigations, financial services law, corporations law, energy law, competition and consumer law, and administrative law. Matthew regularly appears in substantial matters unled, or with a range of senior counsel. He also leads other more junior counsel, particularly in urgent or specialised matters. Before coming to the Bar, Matthew was a senior and experienced solicitor, and works closely in support of his instructors. Matthew is frequently instructed either for or against Commonwealth and State regulatory authorities. He has particular experience in conducting compulsory examinations, and investigations more generally. He previously worked at both ASIC and the Financial Services Authority (UK), where he played a key role in the UK's largest successful criminal insider trading prosecution.

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Government Regulators Exercising Powers

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Single Session
Thursday, 6 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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Venue
Cliftons Melbourne - Southbank

Level 18/2 Southbank Blvd, Southbank Melbourne 

Directions

CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)


CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)


CLOSEST BUS STOPS • Casino East, 240m (3 min walk)


NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)

FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)

Parking Information

Parking is not included in your registration. Possible options:

Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)

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