Parliamentary Law
Everything you need to know. Are you seeking to join the dots on Parliamentary Law or just wishing to get a first-hand refresher of how the parliament works? Join us at this webinar. You’ll hear from an accomplished lineup of parliamentary speakers, receive an update on the law-making process, insights on parliamentary vs executive privilege, the limits of delegated legislation and an overview of the Parliamentary Committees in scrutinising proposed Bills and delegated Legislation. WEB2211N06Z
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit is Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Chair: Sam Hastings, Clerk of the Legislative Council of Western Australia and Clerk of the Parliaments
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
- The role of Standing Orders
- Constitutional issues
- The introduction, debate, amendment, and passage of Bills
- Assent to Bills
- Current issues of note
Presented by Sam Hastings, Clerk of the Legislative Council of Western Australia and Clerk of the Parliaments
Ethics & Professional Responsibility
10.00am to 11.00am Parliamentary Privilege: Developments Since 2019 and Current Issues
- A recap of the law of parliamentary privilege
- Parliament and the Executive
- Orders for papers in NSW: latest developments
- Orders for papers in Canberra: including the National Cabinet
- Cabinet documents and their publication by committees in NSW
- Parliament, the police and integrity agencies
- The Western Australian Legislative Council and the CCC
- The Hon Shaoquett Moselmane MLC and the AFP
- Members' electorate offices in Victoria and the use of CCTV footage
- Parliament and the Courts
- Leyonhjelm v Hanson-Young: revisiting the 'Historical Exceptions' doctrine
- Other recent court cases on the limits of 'proceedings in Parliament'
- The immunity attaching to witnesses beyond State borders: the latest advice in NSW
- Matters withing the exclusive cognisance of Parliament
- The suspension of the Member for Kiama
- The new Complaints Officer in NSW and matters of privilege
- Summon witnesses beyond State borders: the latest advice in NSW
- New standing orders in the NSW Legislative Council
Presented by Stephen Frappell, Clerk Assistant - Committees, Committee Office, Legislative Council, Parliament of New South Wales
11.00am to 11.15am Morning Tea
11.15pm to 12.15pm The Limits of Delegated Legislation
- What is put into the Bill verses the Regulations
- How much do you leave for the executive to work out?
- Common pitfalls
- Recent cases
Presented by Rachel Francois, Barrister, Level 22 Chambers
12.15pm to 1.15pm PANEL DISCUSSION: The Role and Function of the Parliamentary Committee in Scrutinsing Proposed Bills and Delegated Legislation: An Overview
Panelists
Stephen Frappell, Clerk Assistant - Committees, Committee Office, Legislative Council, Parliament of New South Wales
Sam Hastings, Clerk of the Legislative Council and Clerk of the Parliament of WA
Jim Soundias, Deputy Chief Parliamentary Counsel, Victoria
Testimonials
“Really great oversight into the context - helped me immensely to 'join the dots' in these areas”
Presenters
Sam Hastings
Sam Hastings is the Clerk of the Legislative Council and Clerk of the Parliaments of Western Australia. As Clerk, Sam is the principal advisor to the President and Members and an expert on parliamentary law, practice and procedure. Sam is the principal Clerk-at-the-Table and also the head of the Legislative Council, ensuring the effective functioning of the Council and Committees. Sam joined the Legislative Council in 2017 as an Advisory Officer after a career as a senior lawyer in the public service, including with Landgate, the Office of the Director of Public Prosecutions and the State Solicitors Office. From 2019, Sam led the House team as Clerk Assistant (House) and became Clerk in 2022. Sam holds a Bachelor of Laws with Honours and a Bachelor of Economics from Murdoch University. Sam has published papers in several international journals with a focus on legislative scrutiny and he continues to research at the University of Adelaide.
Stephen Frappell
Stephen Frappell is the Clerk Assistant – Committees in the NSW Legislative Council. He was appointed to the position in 2018, having previously held the position of Clerk Assistant – Procedure from 2012-2017, and prior to that various other positions in the Department of the Legislative Council. Prior to 2004 he worked in the Department of the Senate. He is co-editor of the second edition of New South Wales Legislative Council Practice, published in 2021, an authoritative account of the practices and procedures of the NSW Legislative Council, the oldest legislative body in Australia.
Rachel Francois
Rachel Francois 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).
Jim Soundias
Jim Soundias is a Deputy Chief Parliamentary Counsel in the Victorian Office of the Chief Parliamentary Counsel. He has over 22 years' experience as a legislative drafter and specialises in drafting energy and transport legislation.