Government Regulators Exercising Powers

The exercise of government powers is under the spotlight. Don’t miss the keynote address by Anna Cronin, Commissioner for Better Regulation, plus four more presentations on key areas of regulatory powers. Gain new insights on interpreting regulatory powers, conducting investigations, using coercive state powers, assessing whether the public interest has been met before commencing prosecutions and the ethical obligations as a government litigator. 

Thursday, 8 June 2023
10.15am to 11.05am Regulatory Investigations: Exercising and Construction of Coercive State Powers
  • The use and exercise of coercive powers
  • Warrants, seizures and searches: common traps
  • Interview, examinations, and record of interview: where they can go wrong 

Presented by Andrea Mapp, Managing Principal Solicitor, Inquiries Prosecutions and Administrative Law, Victorian Government Solicitor’s Office

11.20am to 12.15pm Is the Public Interest Being Met When you Decide to Proceed to Prosecution
  • When can you step in to resolve without prosecution?
  • What hurdles does the regulator have to consider on whether to commence either a civil or criminal proceedings?
  • Procedural steps in evidence gathering 

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

9.00am to 9.20am Keynote Address: Victoria’s Better Regulation Agenda – Including the Role of Voluntary Compliance

Presented by Anna Cronin, Commissioner for Better Regulation, Better Regulation Victoria (BRV)

Chair:

Peter Gray KC, List G Barristers

Ethics & Professional Responsibility
121.15pm to 1.15am Ethical Obligations of the Government Litigator
  • What justifies a requirement for government to litigate differently?
  • What does being a modern Model Litigant require?
  • Why does it matter and what can go wrong?
  • Practical insights and tips 

Presented by James Stoller, Barrister, Foley’s List 

9.20am to 10.15am Best Practice Regulation: Interpreting the Powers of the Regulator
  • Statutory and delegated legislation interpretation refresher
  • Understanding the powers that give you the right to prosecute 

Presented by Lucy Line, Barrister, Foley’s List

11.05am to 11.20am Morning Tea
Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility

This program is applicable to practitioners from all States & Territories

Presenters


Ms. Anna Cronin, Commissioner for Better Regulation, Better Regulation Victoria (BRV)
Anna Cronin is Victoria's first Commissioner for Better Regulation, appointed by the Victorian Government in 2015. She was given the additional role of Red Tape Commissioner in 2018. Anna has worked in economist, executive and leadership roles in Commonwealth and State governments. As Commissioner for Better Regulation, Anna is responsible for Victoria’s regulatory scrutiny system and she also chairs the Expert Panel on Building Reform for the Victorian Government. She has also been appointed to lead the establishment of Regulators as a Profession for the Victorian Government. Anna has considerable and practical experience in regulatory issues across many policy areas, at national and state levels, including in agricultural and mining regulatory and approvals frameworks. She has also held a number of board positions in the government and not for profit sectors. She sits on the Advisory Board of the Melbourne School of Government at the University of Melbourne. In recognition of her time as CEO of the National Farmers’ Federation, Anna was awarded the Centenary of Federation Medal for services to rural leadership.


Ms. Andrea Mapp, Managing Principal Solicitor, Victorian Government Solicitor’s Office
Andrea Mapp 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.


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.


James Stoller, Barrister, Foley’s List
James practises in public, commercial and common law. Before coming to the Bar, James spent almost ten years as a solicitor. Most recently, he was a Principal Solicitor at the Victorian Government Solicitor’s Office, specialising in administrative and regulatory law. At the VGSO, he acted for government departments, regulators and other statutory agencies in judicial review, merits review and professional disciplinary proceedings. He also advised government entities on statutory interpretation and statutory decision making. Before joining the VGSO, James was a Senior Solicitor in the Civil Law section at the North Australian Aboriginal Justice Agency in Darwin. In that role, he specialised in administrative and common law litigation, with a focus on intentional torts. Prior to that, James spent almost three years in commercial litigation at Logie-Smith Lanyon Lawyers, working on a broad range of commercial disputes. James also worked as a Senior Solicitor in the Proceeds of Crime directorate of the Office of Public Prosecutions, acting for the DPP in proceedings under the Confiscation Act 1997. James read with Christopher Archibald KC.


Mr. Peter Gray KC, List G Barristers
Peter Gray has been a member of the Victorian Bar since 1996, taking silk in 2011. His background is in commercial and public law litigation, having previously worked at Arthur Robinson & Hedderwicks and as an associate to the Chief Justice of the Federal Court. He appears regularly in public law matters, and commercial matters with a governmental aspect. He has been named in the current (2021) edition of the "Best Lawyers" publication as lawyer of the year in public law in Melbourne. His practice includes statutory contravention proceedings/inquiries of various kinds, and contractual disputes, as well as merits and judicial review of administrative decisions and actions. The subject matter of his cases includes competition and consumer law, environmental protection, health, aged care, education, migration and citizenship, tax, anti-dumping, customs, fisheries, infrastructure and roads, patents, therapeutic goods, extradition, FOI, information privacy, professional disciplinary matters, investigations, and police regulation. He has a particular interest in energy law, and has appeared for regulators or regulated entities in energy-related cases in the Federal Court, the Supreme Court of Victoria, the Essential Services Commission Appeal Panel and the Australian Competition Tribunal. He has appeared in cases concerning the rules for the operation of the energy markets. He has arbitrated various energy market rules disputes and other energy-related matters, and has also conducted mediations in energy matters and in other disputes within his areas of expertise. He is a member of the dispute resolution panel for the energy markets. On occasion he also appears in constitutional matters.


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.


Ms. Aggy Kapitaniak, Barrister, Foley’s List
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.

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Government Regulators Exercising Powers

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