14th Annual Religious Law Symposium
New discrimination and confessional privilege legislation, major discrimination and freedom of speech cases, and evolving religious freedoms have had an enormous impact on the legal rights & risks facing religious institutions. A panel of formidable experts will help you navigate these important issues and more. Examine freedom of speech, confessional privilege, governance & risk management. Explore litigation issues with the redress scheme, property & administration concerns, and privacy law. 2111N36
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Regulatory, Privacy and Governance Risks
Chair: Howard Harrison, Partner, Carroll and O’Dea
9.00am to 9.45am Discrimination Law and Freedom of Speech in Religion (Live Stream)
- Are there current protections for religious freedom? If so in which States and under what circumstances?
- What about the intersection between racial and religious protections?
- Update on the current proposed changes
Presented by Elizabeth Raper SC, 5 Wentworth Chambers
9.45am to 10.45am Religious Confessional Privilege: A Detailed Review
- Background and history of confessional privilege law
- Religious confession privilege law in Australia and in a global context
- Royal Commission recommendations
- Mandatory reporting laws in Australian States
- Confessional privilege law post the Royal Commission
Presented by Fr Brian Lucas, National – Director, Australia, Catholic Mission and Professor Keith Thompson, Sydney School of Law and Business, The University of Notre Dame Australia
10.45am to 11.00am Morning Tea
MANAGING RISK IN RELIGIOUS INSTITUTIONS
11.00am to 11.45am Managing Risk and the Shifting Sands of Governance (Live Stream)
Providing risk management advice for Church as governance arrangements shift, including:
- Transparency of governance structures within a Church
- Developing a unified set of risk management standards for adoption in a Church environment
- The art of balancing the right level of oversight
- Assessing overall risk maturity
- The challenges and risk considerations arising from an incorporation process within Church structures
Presented by Sandra George, Risk Consultant, Catholic Church Insurance
11.45am to 12.30pm Use of Personal Information under the Privacy Act
- Is your organisation exempt from having to comply with the Privacy Act?
- Privacy and use of personal information
- Privacy policies: why you should not rely on a generic template
- What happens if there’s been a privacy breach?
Presented by Belinda Marsh, Partner, Makinson d'Apice Lawyers
RELIGIOUS ADMINISTRATION AND PROPERTY ISSUES
12.30pm to 1.15pm Issues in the Administration of Property Owned by Church-Related Entities through Trusts
- Revisiting the Bathurst case
- Anglican Development Fund Diocese of Bathurst in its own capacity and in its capacity as trustee of the Anglican Development Fund Diocese of Bathurst (receivers and managers appointed) v The Right Reverend Ian Palmer, Bishop of The Diocese of Bathurst; Commonwealth Bank of Australia v The Right Reverend Ian Palmer, Bishop of The Diocese of Bathurst [2015] NSWSC 1856
- Enforceability of a Letter of Comfort provided to a bank by a Bishop
- Application of the rules of contract and agency in a church-related trust context
- If an enforceable debt is owed by a Diocesan entity, what property could be used for repayment? In what circumstances?
- Liability of Trustees, Boards and parishes for debts of the Diocese
Presented by Mandy Tibbey, Barrister, 8 Wentworth Chambers
Session 2
Civil Liability, Litigation & Court Orders
2.00pm to 3.00pm Review of the National Redress Scheme
- An update on the implications and operations of the scheme
- Analyse accessibility for claimants
- The functional issues
- Second anniversary review of the National Redress Scheme: recommendations and implementation
Presented by Simon Bruck, Principal Lawyer and Amy Barrett, Managing Lawyer, Knowmore Legal Service
3.00pm to 4.00pm Religious Litigation
- When will a civil court officiate in a dispute under religious laws?
- Case studies of matters in which religious disputes have become justiciable
- Is religious litigation likely to increase into the future?
Presented by Martin Slattery, Partner, Carroll and O’Dea
4.00pm to 4.15pm Break
4.15pm to 5.15pm Religious Freedom, Australian ‘Conversion Practices’ Laws & the Enforceability of Court Orders
- Examine the issues related to speech and prayer
- Analyse the new legislation and the implications for orders enforceable by civil courts
Presented by Neil Foster, Associate Professor, Newcastle Law School
Presenters
Howard Harrison
Howard Harrison holds degrees in Law (Masters) and Economics from Sydney University and is a Partner at Carroll & O'Dea Solicitors in Sydney. He has practiced as a Solicitor of the Supreme Court of New South Wales primarily in civil litigation area since July 1979. Howard is an Accredited Personal Injury Specialist through the Law Society Scheme and has presented papers on personal injury litigation issues for the College of Law, the University of Western Sydney and other Legal Education Bodies.
Father Brian Lucas
Fr Brian Lucas is a priest of the Catholic Archdiocese of Sydney ordained in 1980 after briefly practising law as a solicitor in a commercial practice in Sydney. Since 2016 has is the National Director of Catholic Mission (the Pontifical Mission Societies in Australia). Previous appointments include General Secretary of the Australian Catholic Bishops Conference in Canberra (2002 - 2015), Financial Administrator and Secretary of the Archdiocese of Sydney (2000 - 2012), and he spent 15 years as archdiocesan media spokesman. He was a Director of Catholic Church Insurances Limited (2003 - 2015).
Professor Keith Thompson
Dr Thompson has enjoyed a varied career in the law with experience in property, commercial, international, constitutional, criminal and human rights law. He worked for 11 years in Auckland in commercial and property law including 6 years as a partner with Fortune Manning and was then appointed as International Legal Counsel for The Church of Jesus Christ of Latter-day Saints. In that role, Dr Thompson supervised that Church's legal work through the Pacific Area (for 18 years) and then through the African continent for a further 2 years.
Elizabeth Raper
Elizabeth Raper has been recognised in all leading guides, including in 2021 Doyle’s Guide as a Leading Barrister, in the 2020, 2019 and 2018 Chambers and Partners Asia Guide for Band 1 Employment (Employment & WHS), Best Lawyers 2020 and Who’s Who Legal Australia 2020. Elizabeth Raper is an Adjunct Senior Lecturer in Law at Sydney University (Masters Programme) and co-author of the seminal discrimination text, with the most recent edition published in February 2019, Discrimination Law and Practice (Federation Press 5th Ed).
Elizabeth appears across Australia – including in the Federal Court and FCCA
Neil Foster
Neil Foster is an Associate Professor in Newcastle Law School at the University of Newcastle. He has a combined Arts/Law degree from the University of NSW, a degree in Theology from the Australian College of Theology, and a research Master of Laws degree from the University of Newcastle. He teaches Torts, Workplace Health and Safety Law, and an elective in “Law and Religion”. He is a co-author of textbooks on Torts and Property Law published by LexisNexis Australia, the sole author of a book on WHS Law published by the same company, and runs a blog on Law and Religion issues, https://lawandreligionaustralia.blog
Sandra George
Sandra is A highly qualified legal, risk and compliance professional with over 10 years of experience across the following sectors; financial services, energy & utilities and more recently within not-for-profit particularly focussing on church and education. Extensive experience in advising, operationalising and embedding governance models and risks (strategic and operational) at different levels across different sizes and types of organisations.
Belinda Marsh
Belinda Marsh is a Partner in Makinson d'Apice's Charities and Not-For-Profit group. She acts for educational organisations, charities, religious institutions, commercial clients as well as private clients. Belinda's expertise spans all aspects of property transactions including the acquisition and disposal of commercial and residential property, large-scale property development, commercial leasing and licensing and due diligence for all such transactions. In addition, she has extensive experience in intellectual property law matters, including copyright and trademarks, as well as privacy law compliance. Belinda also regularly acts on a broad range of commercial legal work, including the acquisition and disposal of businesses and drafting commercial licences and agreements.
Mandy Tibbey
Mandy Tibbey was called to the Bar in 2004 and has a broadly based equity and commercial practice, including church disciplinary matters. She is the Chancellor of Riverina Diocese of the Anglican Church of Australia, a part-time Senior Legal Member of NCAT, Contributing Author, Thomsons NSW Civil Procedure, Member of the Executive, NSW Ecumenical Council and Visitor, Australian College of Theology.
Martin Slattery
Martin’s diverse career – journalist, guitarist, lawyer – means he has the life experience and the professional expertise to provide what his clients want when it matters – excellent technical advice, combined with practical solutions. With a strong common law background, Martin is an expert litigator. He has significant commissions of inquiry and royal commissions experience. He has a unique insight and empathy into how the various parties to a dispute perceive the same circumstances that are the nub of the issue. As a musician, his clients trust him to explain the complexities of intellectual property law so they avoid pitfalls and take advantage of opportunities.
Simon Bruck
Simon Bruck commenced with knowmore in 2019 and was appointed as Principal Lawyer in 2021. Prior to joining knowmore, Simon worked with refugee communities and people seeking asylum at both Legal Aid NSW and at the Refugee Advice and Casework Service where he was a Supervising Senior Solicitor.
Amy Barrett
Amy Barrett has been the Managing Lawyer of the Sydney office of knowmore since April 2021. She previously worked as a lawyer at Legal Aid NSW assisting NSW Aboriginal communities with a range of civil law matters including applications to the NSW Stolen Generations Reparations Scheme. She has also worked with clients in custody, young people and clients engaging with sexual assault proceedings. Amy has also worked as a senior native tile lawyer and has been the NSW State Manager of the Commonwealth Native Title Tribunal
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)