Parliamentary Law: Insights from the Experts
Join Parliamentary Counsel from across the country & an eminent panel of high level speakers that can’t be missed. You will consider the parliamentary law making process, parliamentary vs executive privilege and executive accountability to parliament. Plus you will examine the all-important issues of appearing before Royal Commissions, the ombudsman and other inquisitorial bodies. Don’t miss this chance to hear learn from some of Australia’s most brilliant legal experts on parliamentary law. WEB2111N02
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
Chair: Annette O’Callaghan, NSW Parliamentary Counsel, NSW Parliamentary Counsel's Office
9.00am to 10.00am The Law Making Process
- How proposals for new laws or amendments to existing laws are generated and approved for:
- Government
- Private Members
- Role and responsibilities in the legislative drafting process
- Drafters
- Instructing officers
- Other stakeholders
- Parliamentary process and Royal Assent
- Constitutional issues
- Debate on bills
- Requirements for a bill to be passed and enacted
- Delegated legislation
- Current issues of note
Presented by Tony Keyes, Parliamentary Counsel, Office of the Queensland Parliamentary Counsel
Ethics & Professional Responsibility
10.00am to 11.00am Parliamentary Privilege vs Executive Privilege
- The Law of Parliamentary Privilege
- Immunities
- Powers
- Exclusive cognisance
- Responsible government and ‘the grand inquest of the nation’
- Parliament and the Executive
- Production of documents
- Witnesses, submissions and other evidence before parliamentary inquiries
- Parliament and integrity agencies
- Referral of matters by parliaments
- Parliamentary oversight
- Coercive powers of agencies and parliamentary privilege
- Parliament and the Courts
- Parliamentary privilege and the courts
- The courts’ role in disputes between the Parliament and the Executive
Presented by Andrew Young, Clerk of the Legislative Council, Parliament of Victoria
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Appearing before Royal Commissions, the Ombudsman and Other Inquisitorial Bodies
- Power to appoint commissions with coercive powers
- The role of counsel assisting
- Responding to summons for materials, seeking privilege and excuses
- Rights of representations
- Preparing public sector witnesses required to give evidence to a Parliamentary inquiry
- Judicial review of coronial and commission proceedings
Presented by Kathryn McMillan KC, Quay 11 Chambers
12.15pm to 1.15pm Executive Accountability to the Parliament in NSW: A Case Study
- Standing Order 52 practice and procedure
- Role and powers of Parliamentary Committees
Presented by Tom Chisholm, Principal Solicitor, Crown Solicitor (NSW)
Presenters
Annette O’Callaghan
Annette O'Callaghan was appointed as New South Wales Parliamentary Counsel in June 2018 and as head of the Parliamentary Counsel's Office is responsible for the drafting and publishing of all New South Wales legislation. Prior to being appointed as NSW Parliamentary Counsel Annette had been Queensland Parliamentary Counsel since January 2016. Annette has over 25 years' experience in legislative drafting in New South Wales, Queensland and Victoria and began her legal career in the Queensland Crown Solicitor's Office. Annette is the Secretary of the Australasian Parliamentary Counsel's Committee, which consists of the heads of the offices of the Parliamentary Counsel for the Commonwealth, the States and Territories and New Zealand.
Tony Keyes
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.
Andrew Young
Andrew Young’s parliamentary career began with the Western Australian Parliament in 1995 where he served as Senior Research Officer – Public Accounts, Assistant Clerk Committees and Assistant Clerk – Procedure & Sergeant-at-arms. Returning to Victoria in 2005, Andrew commenced with the Victorian Parliament as Assistant Clerk – Committees before being appointed as Assistant Clerk – House & Usher of the Black Road and thereafter Assistant Clerk – Committees. Mid-2014, Andrew Young was appointed to the position of Acting Clerk of the Legislative Council, Parliament of Victoria. He assumed full appointment as Clerk on 2 July 2015. On 22 August 2017, Andrew was sworn in before Her Excellency the Governor as Acting Clerk of the Parliaments (Victoria), and assumed the full appointment on 5 January 2019. Andrew has served as Acting Honorary Secretary of the Australian Study of Parliament Group (Victorian Chapter), President of the Australian and New Zealand Association of Clerks-at-the-Table (ANZACATT) from January 2016 to January 2018, and in October 2017 was appointed Honorary Secretary of the Commonwealth Parliamentary Association, Victoria Branch. He also co-presents on Parliament at the University of Tasmania and Victoria University.
Kathryn McMillan KC
Kathryn McMillan was called to the Bar in 1987 and was appointed Silk in 2006. She was an adjunct professor of law at TC Beirne Law School, University of Queensland until 2020.Kathryn has relevant extensive experience in public law, disciplinary and discrimination matters, inquests, task forces and other inquiries. She has acted in 6 Royal Commissions/Commissions of Inquiry: the Public Hospitals Commission of Inquiry (as Counsel for the Medical Board), the Queensland Child Protection Commission of Inquiry (as Senior Counsel Assisting), the Barrett Adolescent Centre Commission of Inquiry (as lead Counsel for a health authority) the Royal Commission into Institutional Sex Abuse (as King’s Counsel for the State of Queensland) and was the Commissioner for the Youth Detention Review. She is currently Senior Counsel for the State of Queensland in the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Kathryn holds a brief in the Veteran’s Royal Commission.
Tom Chisholm
Tom Chisholm is a Principal Solicitor who works with the Crown Solicitor in the Government Law practice group. Tom joined the Crown Solicitor’s Office in 2002, and has developed extensive advice writing experience. His expertise spans a variety of public law fields, including State constitutional law, parliamentary powers and privileges, statutory interpretation, and administrative law. Tom has significant experience in advising clients on legal issues relating to Parliament, including powers to compel the production of documents and to question witnesses before statutory and non-statutory committees. Tom has worked with the Crown Solicitor on a number of advices which have been tabled in Parliament.