Regulatory Decision Making: Back to Basics

Get a practical guide to regulatory decision-making first-hand from a panel of principal decision makers. Benefit from all your key questions answered and ensure your future decisions will stand under scrutiny. Improve your expertise by further understanding the governing world of regulatory decision-making. Understand how to craft effective reasons, comprehend decision acceptance factors, and navigate challenges pivotal for all lawyers. 

Tuesday, 5 March 2024
Chair:

Stephen Moloney, Barrister, Owen Dixon Chambers West

1.45pm to 2.30pm Practical Guiding Principles to Making Regulatory Decisions
  • What are the key questions to ask yourself when making regulatory decisions?
    • Where does the power come from to make that decision?
    • Am I authorised to make that decision?
    • Can I delegate the power to make that decision?
    • What must I consider when making that decision?
    • What evidence is that decision based on?
  • What steps to take to ensure decisions are free from allegations of bias
  • How to ensure decisions are transparent and conform to natural justice
  • Practical examples

Presented by Julie Zhou, Barrister, Chapman’s List

4.15pm to 5.00pm Notable Case Law Developments and Key Regulatory Insights from AFCA
  • Overview of recent legal cases (ISG, Notesco, Agriwealth)
  • Their significance and implications for the industry
  • General procedural fairness considerations for AFCA

Presented by Shail Singh, Lead Ombudsman, Investments and Advice, AFCA (Australian Financial Complaints Authority)

Professional Skills
5.00pm to 5.30pm Practical Application of Regulatory Decision-Making: A Panel Conversation

Delve further into real life examples with decision makers and Counsel and work through issues that you want answered.

Panel includes:

Brad Williams, National Manager, Legal Services at AHPRA (Australia Health Practitioner Regulation Agency) 

Steven Brnovic, Barrister, Foley’s List Leading Public and Administrative Law, Doyle's Guide 2022

Shail Singh, Lead Ombudsman, Investments and Advice, AFCA (Australian Financial Complaints Authority)

Julie Zhou, Barrister, Chapman’s List

2.30pm to 3.15pm The Delivery of Regulatory Decisions
  • Structure of effective reasons 
  • Importance of ensuring comprehension of reasons 
  • Factors that affect the acceptance of decisions 
Presented by Brad Williams, National Manager, Legal Services at AHPRA (Australia Health Practitioner Regulation Agency)  
3.15pm to 4.00pm Challenging Regulatory Decisions
  • The basics – what can be challenged, how, and why
  • Understanding the different avenues and types of challenge to the decision available
  • Strengthening prospects of a successful challenge
  • Tips, tricks and traps for dealing with regulators, applicants and review bodies

Presented by Steven Brnovic, Barrister, Foley’s List, Leading Public and Administrative Law, Doyle's Guide 2022

Description

Attend and earn 3.5 CPD units including:
1.5 units in Substantive Law
2 units in Professional Skills

This program is applicable to practitioners from all States & Territories

4.00pm to 5.00pm Break

Presenters


Mr. Steven Brnovic, Barrister, Foley's List
Steven is one of Doyle’s Guide’s leading public and administrative law junior counsel in Australia (2021-2023). He practises in merits and judicial reviews, occupational regulation, regulatory prosecutions and disciplinary matters, public interest immunity claims and advising on statutory powers and duties. He complements his Bar practise as a Commissioner for the Victorian Liquor Commission, where he is a tribunal member, board member and decision-maker. In 2020, Steven was appointed to the Counsel Assisting team for the Victorian COVID-19 Hotel Quarantine Inquiry. Outside of the Bar, Steven is a Member, Independent Panel of Reviewers for Victoria Legal Aid, an assessor for the Law Institute of Victoria’s Administrative Law Accredited Specialist program, and an author of LexisNexis’s Administrative Law commentary. Prior to his call to the Bar in 2018, he was General Counsel to the taxi regulator and an Accredited Specialist in Administrative Law.


Mr. Stephen Moloney, Barrister, Owen Dixon Chambers West
Stephen Moloney Stephen Moloney practises in administrative law, commercial law, negligence, particularly medical negligence and professional discipline. He has been a member of the Victorian Bar since 1991 and is a member of Dever's List. He is the Chairman of the Medicare Participation Review Committee of the Commonwealth, first appointed in 2010 and was recently re-appointed by the Federal Minister of Health. In this role the suitability of health professionals to participate in the Medicare Scheme is determined. He is the immediate past President of The Australian Institute of Administrative Law (Vic Chapter) and the Medico Legal Society of Victoria. He is a former member of the Human Research Ethics Committee of the Alfred Hospital. He holds a substantial practice in a variety of government regulatory areas including all aspects of the investigation and regulation of health practitioners at both a State and Commonwealth level. He regularly advises and appears for government and its agencies at both a State and Federal level in multiple jurisdictional areas.


Ms. Julie Zhou, Barrister, Chapman's List
Julie Zhou joined the Victorian Bar in 2018, practising predominantly in administrative law and employment law. She has acted in unfair dismissal and general protection claims, merits and judicial review cases concerning migration and Commonwealth benefits. Before coming to the Bar, Julie was senior in-house counsel at Monash University where she specialised in public and administrative law, disciplinary proceedings, and discrimination. Julie was also in-house counsel for State and Commonwealth governments in the ACT and in Victoria, predominantly in the areas of merits review, employment law, FOI, privacy and secrecy. Aside from practising in administrative law, Julie also lectured the subject in the Juris Doctor program at RMIT University.


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.


Mr. Bradley Williams, National Manager, Ahpra National Legal Practice
Bradley Williams is a National Manager in the Ahpra in-house National Legal Practice. With lawyers in every state and territory, the Practice handles all regulatory, civil and criminal litigation on behalf of AHPRA and National Health Practitioner Boards and provides advice on any regulatory, strategy and policy, corporate, governance, FOI and privacy issues that arise. Bradley has extensive experience as a regulatory lawyer, having held senior roles at Ahpra and the Medical Board of South Australia as well as roles at the Australian Competition and Consumer Commission and Office of Consumer and Business Affairs. Bradley has worked in private legal practice at Piper Alderman. Bradley provides regular training to AHPRA staff and National Health Practitioner Boards on governance and regulatory decision making.

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Regulatory Decision Making: Back to Basics

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Single Session
Tuesday, 5 March 2024
1.45pm to 5.30pm Australia/Sydney
CPD Points 3.5
3.5
$420.00
Online 20240517 20240305

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