Gain essential insights from the Office of the Chief Parliamentary Counsel on how issues of statutory interpretation are considered by legislative drafters when drafting legislation, understand the contemporary approach to statutory interpretation and some practical applications and examples. Understand the implications of recent cases in statutory interpretation and unpack the use of defined terms in statutory interpretation.
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Fiona McKenzie, Barrister, Foley’s List
Focus on how issues of statutory interpretation are considered by legislative drafters when formulating legislation.
- Consistency of language within the document and across the statute book
- Definitions and other interpretive tools: notes, examples, structure, headings, extrinsic materials
- Interpretation Acts and legal assumptions
- Issues relating to subordinate legislation
- How an Act interacts with common law: clear words of abrogation
Presented by Jayne Atkins, Chief Parliamentary Counsel, Office of the Chief Parliamentary Counsel
- Australian contemporary approach to statutory interpretation
- How to use interpretation acts in statutory interpretation exercises
- Practical application and examples
Presented by Nidal Sayegh, Lead Counsel, Victorian Government Solicitor’s Office and Andrea Mapp, Lead Counsel, Victorian Government Solicitor’s Office
Presented by Alanna Mitchell, Partner, Maddocks
Gain essential insights from the latest and most relevant cases you should be aware of and their impacts on statutory interpretation
Presented by Georgina Rhodes, Barrister, Ah Ket Chambers
Presenters
Fiona McKenzie, Barrister, Foley’s List
Fiona McKenzie has practised as an administrative lawyer for most of her career. Initially at the Australian Government Solicitor's office in Melbourne, she then went to Blake Dawson before coming to the bar. Fiona has advised government and private clients on issues such as statutory interpretation, natural justice and appeals from administrative decisions. She has appeared in tribunals and courts at the federal and state levels. Fiona has a Masters degree from the ANU and has published in the field of administrative law and human rights. Fiona runs training courses on administrative law to public servants and lawyers - she has a website: www.adminlaw.com.au
Jayne Atkins, Chief Parliamentary Counsel, Office of the Chief Parliamentary Counsel
Jayne has recently been appointed as Chief Parliamentary Counsel, effective 19 January this year. Prior to that she was Deputy Chief Parliamentary Counsel and Subordinate Legislation Manager from 2013 and the Subordinate Legislation Advisor and a Principal Parliamentary Counsel from September 2006. She joined the Office of Chief Parliamentary Counsel in March 1991 after 4 years at State Trustees as a solicitor and has 30 years' experience drafting Bills for Parliament and drafting, settling and advising on subordinate legislation.
Nidal Sayegh, Lead Counsel, Victorian Government Solicitor’s Office
Nidal works in the Inquiries, Prosecution and Administrative Law Branch at the VGSO and has an extensive practice in administrative and public law matters, focussing on delivering pragmatic and innovative solutions to complex legal problems. Nidal's current practice includes advising on statutory interpretation and administrative law issues including delegations and authorisations, acting for disciplinary boards in panel hearings and tribunal referrals, advising on the conduct of formal investigations and formal inquiries, including Royal Commissions, parliamentary inquiries and boards of inquiry and acting for public sector departments and agencies in numerous merits and judicial review matters. Nidal joined the VGSO in 2022 and prior to this had a variety of in-house legal and management roles at the Victorian Department of Treasury and Finance and Cladding Safety Victoria and prior to joining the VGSO was Acting Director, Legal, Commercial and Procurement at Cladding Safety Victoria. Nidal has been involved in high-complexity, high profile administrative law and freedom of information matters, prosecutions, privacy matters, commercial transactions and major infrastructure projects and has significant experience working for both Commonwealth and State Governments.
Andrea Mapp, Lead Counsel, Victorian Government Solicitor’s Office
Andrea is Managing Principal Solicitor at the Victorian Government Solicitor Office. At the VGSO, Andrea's practice encompasses advocacy, litigation and dispute resolution, regulatory prosecutions and statutory interpretation across a diverse range of legislation. Andrea advises on departmental and regulator responses to, and governance of, emerging or existing industry practices. Her experience ranges from providing specialised advocacy, drafting regulatory frameworks, procedure manuals, precedent documents for internal use by agencies, through to advice on the rules of evidence and prospects of success in inquiries, disciplinary proceedings, prosecutions and appeals. Prior to joining the VGSO, Andrea was a Senior Advocate at Consumer Affairs Victoria, where she advocated on behalf of the Director of Consumer Affairs Victoria in complex and serious matters. Andrea was also formerly barrister at the Victorian Bar with over 20 years' legal experience. Prior to joining the bar Andrea worked both in private practice and as in house counsel. Andrea is a qualified mediator with extensive experience in a varied range of commercial areas, with a particular focus on prosecutions, administrative law, building and construction, property and the Australian Consumer Law.
Georgina Rhodes, Barrister, Ah Ket Chambers
Georgina practices in public and administrative law, regulatory law, quasi-criminal and criminal law. She acts for government (State and Commonwealth) and private clients in various matters, including occupational health and safety, crimes mental impairment, disciplinary and professional standards, worker screening, disability, child protection, criminal charges, intervention orders, and inquests and inquiries. Georgina provides advice to Government Departments and Statutory Authorities in relation to statutory interpretation, legislative reform, information sharing, subpoenas and integrity matters. Georgina is currently involved in the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings, as one of the Counsel Assisting Team led by Ms Elizabeth Bennett S.C.
Alanna Mitchell, Partner, Maddocks
Alanna is a Partner in the Commercial – Government and NFP team at Maddocks. Alanna is an experienced legal practitioner who specialises in providing commercial, administrative, integrity and investigative legal services to public sector and not-for profit clients. Alanna specialises in energy, emergency and crisis management, and the environment. She is a legal, commercial and public administration expert with a strong sense of the client imperative and a track record of providing high quality, pragmatic and strategic legal advice in high value, high risk, or sensitive matters that drives strong client solutions. Alanna has worked with Victorian Government departments and agencies on high-value, high-risk commercial and regulatory matters, including advisory, investigations, litigation, inquiries, major projects and deals, prosecutions and administrative law matters. Alanna's areas of expertise include commercial contracts, negotiations and transactions, regulatory investigations and advice on powers, procedures, compliance and enforcement, administrative law and decision-making and associated litigation, professional disciplinary investigations and prosecutions, integrity investigations, advice and regulation, public inquiries and associated litigation, public sector governance, entity establishment and restructuring, public sector board advisory, entity powers and privileges, statutory interpretation, legislation development and advice