Navigating Parliamentary Law

Join us on this webinar to hear a practical update from accomplished parliamentary speakers. Learn how Parliamentary Privilege can affect admissibility of evidence in legal proceedings and ways you might have to control this, the mechanics of how public inquiries are conducted by Parliamentary Committees, executive accountability to Parliament and associated practical problems with this, and lastly the process and limits of subordinated legislation and parliamentary control over this. 

Wednesday, 1 November 2023
9.00am to 10.00am Public Inquiries Conducted by Parliamentary Committees: Legislative Council Committees in the 57th Parliament
  • Overview of Legislative Council Committees in the 57th Parliament
  • Key inquiries: accountability, policy and bills inquiries
  • Discussion of case study from each inquiry type
  • Committees and the House: Calls for Papers
  • Statutory reviews
  • Update on the 58th Parliament thus far

Presented by Laura Ismay, Director – Committees, Legislative Council, Parliament of New South Wales

Chair:

Thomas Moorhead, Sergeant-at-Arms and Principal Research Officer Procedure and Privileges Committee, Legislative Assembly of Western Australia

11.15am to 12.15pm Executive Accountability to the Parliament
  • The theory of executive accountability to Parliament
  • Current mechanisms
  • Practical problems and the perception of decline
  • Notable cases: Williams v Cwth (school chaplaincy program)

Presented by Rachel Francois, Barrister, St James Hall Chambers

10.00am to 11.00am Control of Government Information in Legal Proceedings: Parliamentary Privilege
  • How the use of material in parliament may affect the potential use of that document in Court proceedings
  • What work arounds, if any, apply if parliamentary privilege attaches to certain material
  • the limits on managing sensitive information, or material under a suppression order of a Court, that has been called for production before Parliament or a parliamentary enquiry

Presented by Michael Rennie, Barrister, 6th Floor St James’ Hall Chambers

12.15pm to 1.15pm Subordinate Legislation: Process, Limits and Parliamentary Control
  • Parliamentary delegation of legislative power
  • Parliamentary supervision of subordinate legislation
  • Amending subordinate legislation: Disorganized Developments Pty Ltd v South Australia (2023) 97 ALJR 575
  • The rule of law, human rights and fundamental legislative principles in subordinate legislation
  • Disallowance of subordinate legislation
  • Effect of disallowed subordinate legislation

Presented by Tony Keyes, Parliamentary Counsel, Office of the Queensland Parliamentary Counsel

Description

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

11.00am to 11.15am Morning Tea

Presenters


Ms Laura Ismay, Director – Committees, Legislative Council
Laura is currently a Director of Committees with the NSW Legislative Council, where she leads multiple committee inquiries and oversees the preparation of committee reports on complex policy and legal matters. Since joining the NSW Parliament in 2014, Laura has worked for both Houses of Parliament, as well as for the Parliamentary Research Service, where she published papers on NSW electoral law, biodiversity legislation, local government, and abortion law reform, as well as undertaking confidential research for members on request. Laura has also completed secondments with the NSW Electoral Commission, most recently as the Principal Legal Policy Officer leading the Commission's review of the use of technology assisted voting in State elections. Laura holds a Juris Doctor from the University of Sydney and is one of the editors of the Australian Public Law blog, which provides expert commentary and analysis on recent cases and legislative change as well as updates on the latest research and scholarship in Australian public law.


Thomas Moorhead, Sergeant-at-Arms and Principal Research Officer Procedure and Privileges Committee, Legislative Assembly of Western Australia
Thomas is the Sergeant-at-Arms at the Parliament of Western Australia. He holds a Juris Doctor from the University of Melbourne and was admitted to the Supreme Court of Victoria in 2017. Professionally, Thomas has worked as Clerk's Associate at the Legislative Assembly of the Northern Territory, and then as Policy Adviser in the Office of the Leader of the Opposition (NT). Thomas has practised law in Tasmania, before returning to policy work at the Law Society of Western Australia. In his current role as the Sergeant-at-Arms, Thomas is the Principal Research Officer to the Legislative Assembly's Procedure and Privileges Committee.


Mr. Michael Rennie, Barrister, Sixth Floor St James' Hall Chambers
Michael is a barrister at 6 St James Hall Chambers, and commenced practice at the bar in May 2011. Before joining the bar, Michael had over ten years of experience as a solicitor at the Australian Government Solicitor. From 2007 Michael was the principal solicitor with the carriage of the PII concerns for the Attorney-General, ASIO and the AFP in the R v Elomar & Ors [2010] NSWSC 10 terrorism prosecution. Since 2011 Michael has appeared for both the NSW Police and the Australian Federal Police in relation to public interest immunity claims in criminal prosecutions.


Ms Rachel Francois, Barrister
Rachel is a barrister practising in NSW with over 20 years' experience in government and administrative law as well as in human rights, consumer protection and commercial law. Rachel regularly appears in the Administrative Appeals Tribunal, the Federal Court and on appeal in migration matters. Rachel is also involved in significant High Court administrative law cases including SZBEL (procedural fairness), SZMTA (materiality of jurisdictional error) and Viane (reliance on personal knowledge and unreasonableness).


Mr Tony Keyes, Parliamentary Counsel
Tony Keyes is the Queensland Parliamentary Counsel. He holds degrees in arts and law. He has worked as a solicitor and more recently as a barrister in the private, community and government sectors. As Parliamentary Counsel, Tony is responsible under the Legislative Standards Act 1992 for: the drafting of Queensland legislation; advising the Government and private members on alternative ways of achieving policy objectives and the application of fundamental legislative principles; preparing legislative reprints and legislative information; and the publication of Bills, Queensland legislation and legislative information. Before his appointment as Parliamentary Counsel, Tony was the Senior Deputy Crown Solicitor (Constitutional and Administrative Law) with Crown Law for almost ten years. In that capacity he advised and represented all levels of the Queensland Government and its agencies. He has appeared as counsel in all Queensland courts and the Queensland Civil and Administrative Tribunal, and with the Solicitor-General in constitutional litigation in the High Court of Australia.

WEB2311N02Z

Navigating Parliamentary Law

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Wednesday, 1 November 2023
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