Government Law Conference
WEB213V01: Tailored for government lawyers, this year’s conference brings together an impressive line-up of speakers to discuss the most urgent issues of the day as governments deal with extraordinary circumstances of governing in emergencies. Examine privacy and data protection, Public Inquiries and Royal Commissions, and workforce claims. You will also gain a clear understanding of procurement and probity in the aftermath of COVID-19 while exploring fraud, grant funding and procurement contracts.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Key Legal Issues for Government
Chair: Eamonn Moran PSM QC, The Inspector, Victorian Inspectorate
9.00am to 9.20am Opening Address: Deborah Glass OBE, Victorian Ombudsman
9.20am to 10.05am Government Exercising Emergency Powers: Legal Exposures
- What have been some serious impacts of the Commonwealth, State and Territory responses to the pandemic?
- How have these responses impacted on the public, business and everyday life of the citizen?
- The Biosecurity Act 2015 (Cth): How is it relevant? What does it really provide?
- What are some key ways in how Federal, State and Territory responses to the pandemic compare?
- Are the States and Territories really ‘sovereign’? If so, to what extent?
- Are the closures of State and Territories' borders a legal issue reflecting State/Territory ‘sovereignty’?
- What are some key remedies that might be available for loss or damage through the authorities' exercise of emergency powers during the pandemic?
Presented by Dr Steven Stern CTA FIPTA ICC , Barrister-at-Law, Svenson Barristers and Adjunct Professor, Victoria University
10.05am to 10.50am Royal Commission and Preparing for Inquiries and Increased Scrutiny
- What is different about non-curial/inquisitorial hearings?
- Preparation and evidence: collation and privilege claims
- Stakeholder management
- Scope and challenges to relevance
- How the process of response can become part of the inquiry
- Acting for individuals
Presented by Catherine Dunlop, Partner, Maddocks
10.50am to 11.35am Managing your Government Workforce through a Pandemic
- The COVID-19 game-changer
- Remote work: here to stay
- AI and other technologies in the WFH context
- A case for WFH 'rights'
- 7 key WFH factors that should be on your radar
- Relevant public sector case studies
Presented by Frances Anderson, Assistant Victorian Government Solicitor, Michael Carrick, Principal Solicitor, and Jane Delahey, Solicitor, Victorian Government Solicitor's Office
11.35am to 11.45am Morning Tea
11.45am to 12.30pm Privacy and Data Protection Breaches
This session will examine current issues and trends in privacy and data protection law including:
- Proposed changes to the Commonwealth Privacy Act and future directions of Privacy Law
- Rights of individuals to access their personal information and increased individual rights
- Overseas experiences and lessons learned (including from the GDPR)
- Mandatory data breach notification issues
- Class actions and Representative Complaints
Presented by Phil Catania, Partner, Corrs Chambers Westgarth; Preeminent Technology, Media & Telecommunications Lawyer and Recommended Leading Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2020
12.30pm to 1.15pm Statutory Interpretation and Recent Decisions: What are the Takeaways?
Explore several key decisions and discuss the important takeaways for government lawyers when applying statutory interpretation principles.
Presented by Jessica Cleaver, Managing Principal Solicitor and Trina Malone, Senior Solicitor, Victorian Government Solicitors Office
1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Government Procurement and Probity in 2021
Chair: Eamonn Moran PSM QC, The Inspector, Victorian Inspectorate
2.00pm to 3.00pm Changes to AS8001 Fraud and Corruption Control
- Key changes made to the revised Australian Standard AS8001 Fraud and Corruption Control
- How the standard can be applied to preventing and detecting fraud and corruption
- The nature of fraud and corruption within procurement and contract management
- Key corrupt and fraudulent schemes
- Collusive tendering
- Procurement transactions that are most susceptible to fraud or corruption
- Systemic weaknesses frequently observed
- Recent IBAC case studies
Presented by Dean Newlan, Senior Consultant, McGrathNicol; Convenor of the Standards Australia Working Group that developed and revised AS8001
3.00pm to 4.00pm Grant Funding: Following the Money Trail
- What can go wrong?
- Problems with subcontractors
- Due diligence
- Implementing the right processes to comply with auditing
- Trying to recoup grants
Presented by Daniele Bird, Partner, Financial Accounting Advisory Services and Forensic & Integrity Services and Steve Lord, Director, Forensic Team, Ernst & Young
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Procurement Contracts and Key Contractual Issues in the Aftermath COVID-19
- Force majeure clauses
- Frustration
- Variations to contract and deeds of variation
- Time and extensions of time
- Termination for cause and convenience
- Procurement Issues post COVID
Presented by Joanna Pugsley, Partner, Clayton Utz
Presenters
Eamonn Moran PSM QC
Mr Eamonn Moran PSM QC is the Inspector constituting the Victorian Inspectorate, the key oversight body in Victoria’s integrity system. In this role he is an independent officer of the Parliament. Before his appointment as Inspector, Mr Moran was practising as a barrister in general administrative and constitutional law areas and providing services to various governments as a consultant legislative counsel. He has previous experience as a law reform commissioner, parliamentary counsel, academic and solicitor at various points in his career, both in Australia and overseas. He is a former President of the Commonwealth Association of Legislative Counsel and also a former President of Clarity International, an international association promoting plain legal language.
Deborah Glass OBE
Deborah Glass is the Victorian Ombudsman. She was appointed to a 10-year term in March 2014. Her office looks at the decisions and actions of Victorian government departments, local councils, statutory bodies and their contractors. Deborah was raised in Melbourne and studied law at Monash University. She practiced law briefly before leaving Australia, working for an investment bank in Switzerland before moving into a career in financial services regulation in Hong Kong and London. She then moved into police oversight and became a Commissioner of the Independent Police Complaints Commission of England and Wales, heading up criminal and misconduct investigations into police. In 2008, Deborah was appointed IPCC Deputy Chair and in 2012, was awarded an OBE for her service. Deborah is on the board of the International Ombudsman Institute, which connects more than 190 Ombudsman offices world-wide. She is committed to ensuring fair and reasonable decision making, and to improving public administration. She holds a firm belief in public sector integrity and advancing human rights.
Dr Steven Stern CTA FIPTA ICC
Dr Steven Stern welcomes briefs to appear, advise and draw up documents in all court and tribunal matters. He has appeared as a solicitor advocate in the Federal Court, Supreme Court, County Court, Commonwealth Administrative Appeals Tribunal, Victorian Civil and Administrative Tribunal, and Fair Work Australia. He briefly read at the Bar in 1975 with Mr J G Larkins (subsequently QC) assisting in Supreme Court trials before moving to Canberra to work: as a Commonwealth legislative drafter; on business and trade law policy; and on constitutional and statutory interpretation, particularly advising on financial law matters involving the Commonwealth, such as domestic and overseas borrowings, and bond issues.
Catherine Dunlop
Catherine Dunlop is a Partner in the Employment, Safety and People team and heads the Maddocks safety practice. She advises clients on workplace and public health and safety compliance, good regulation and conduct. She acts in a wide range of Inquests and Royal Commissions and safety matters and prosecutions. She is ranked as a leading lawyer in Legal 500 and Doyles and listed in Chambers and Best Lawyers, and is a Visiting Fellow at the University of Melbourne lecturing on health and safety law.
Frances Anderson
Frances Anderson leads a team of lawyers delivering workplace relations and occupational health and safety advice to government and the Victorian public sector. She is an experienced workplace relations lawyer with 30 years of workplace relations experience, initially in South Africa where she was a director of a major law firm and head of the Cape Town workplace relations practice, and in Australia where she relocated in 2001 to continue her legal career. Frances' experience in Australia includes working both in law firms and in-house and across multiple business sectors.
Michael Carrick
Michael works in the Workplace Relations and Occupational Safety branch at VGSO advising on public sector employment and industrial relations matters. He has extensive experience, having acted for universities, major telecommunications companies, research organisations and co-operative research centres, as well as clients in the manufacturing, rail and marketing sectors in a broad range of employment and intellectual property matters. He has also been seconded into several government organisations. In addition Mick is a senior fellow of the University of Melbourne Law School where he has developed and presents artificial intelligence and information technology law subjects (including the employment implications of both) at Masters level.
Jane Delahey
Jane provides practical advice and solutions in relation to all aspects of Victorian public sector employment, including industrial relations, occupational health and safety, equal opportunity and anti-discrimination. Jane frequently advises clients on workplace investigations, the development of workplace policies and the interpretation of enterprise agreements, and has experience in litigation in the Fair Work Commission, Federal Court, Federal Circuit Court and the Victorian Civil and Administrative Tribunal. Prior to joining the VGSO, Jane worked as a policy advisor in legislation and policy teams in State Government and in project and advisory roles at a statutory authority.
Phil Catania
Philip Catania is the Technology practice group leader at Corrs Chambers Westgarth and is the Partner in Charge of the Melbourne office of Corrs. He has dual qualifications in law and computer science, and prior to joining the legal professional was employed by the Commonwealth Department of Science and Technology (Antarctica division) as a computer programmer. Philip has lectured and written extensively on Technology law and is currently on the Board of the International Technology Law Association. His practice is predominantly technology based contracting, intellectual property advice and data privacy advice.
Jessica Cleaver
Jessica leads a team of lawyers, the Constitution and Advice Team, at the VGSO, and has particular expertise in providing advice and conducting litigation for a variety of government clients on questions of constitutional law, statutory interpretation, human rights, administrative decision-making and other public law matters. Jessica regularly provides advice to the Attorney-General for Victoria on constitutional matters. She also advises on public law, statutory and human rights issues for a variety of Departments and agencies. Her extensive experience in government law, combined with her ability to interpret complex legislation, enables her to assist government clients to resolve difficult issues and to understand legislative requirements and powers.
Dean Newlan
Dean is a forensic specialist with more than 30 years of investigative and consulting experience. He is a former Partner of McGrathNicol and was appointed a consultant to the national forensic practice following his retirement from the partnership. He gained significant investigations experience as a member of the Victoria Police for ten years, including service with the CIB Fraud Squad where he was involved in a large number of fraud-related investigations and prosecutions. His forensic experience includes investigations into major corporate collapses and workplace fraud and misconduct in business, quantification of loss in commercial disputes, complex funds tracing and fraud and misconduct control.
Daniele Bird
Daniele is a partner in our Forensic & Integrity Services practice with over 25 years’ professional services experience in providing audit, finance, governance, risk and compliance services to a wide range of public sector, not-for-profit and corporate clients in Australia and around the globe. Daniele has assisted clients in the prevention, detection and investigation of fraud, corruption and conflicts of interest. Daniele has recently held senior positions within the Queensland Audit Office over the last five years as the Deputy Auditor General and head of Performance Audit.
Joanna Pugsley
Joanna Pugsley is a partner in the construction and major projects group at Clayton Utz. She advises on issues relating to construction and contract law (including drafting and negotiation) and is also experienced in the areas of tender processes and management. Jo acts for a range of contractors and developers on projects procured using numerous models including D&C, DBOM, Managing Contractor, ECI and PPPs. Advising on a range of construction, engineering, facilities management and operation agreements, Jo has particular expertise in the delivery of social infrastructure PPP projects. Jo also possesses an in-depth understanding of the relevant standard form contracts as well as current appetites for risk.
Steve Lord
Steve is a director in EY’s Forensic & Integrity Services practice. He has over 15 years of professional services experience in the UK and Australia, having undertaken investigations involving fraud, proceeds of crime, misconduct, and wage underpayments. Steve’s broader experience includes forensic accounting, quantifying damages in disputes, and corporate restructuring. Steve is a Chartered Accountant (CA), Fellow Chartered Certified Accountant and a CA Forensic Accounting Specialist.
Trina Malone
Trina is a Senior Solicitor in the Public Law and Planning branch at the VGSO. Trina's expertise comprises of advisory and litigation work in matters involving constitutional law, administrative and public law and human rights. Trina began working at the VGSO in 2020. Previously, Trina worked as a senior lawyer at the Commonwealth Attorney-General's Department, working in the areas of constitutional law and international law (with a focus on international human rights law).