Regulatory Decision-Making: Back to Basics
Get a practical guide to regulatory decision-making first-hand from our panel of principal decision makers, from the Victorian Ombudsman, Victorian Building Authority, AFCA, and Harness Racing Victoria. Get all your key questions answered and ensure your future decisions will stand under scrutiny. Finally, now put it all into practice, as together with the panel, you’ll review the key principles as they might apply to real life scenarios. 233V07
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Alison Smith, Principal Decision Maker, Victorian Building Authority
2.00pm to 3.00pm A Practical Guide to Making Administrative Decisions
- Key questions to ask yourself when making administrative decisions:
- Where does the power come from to make that decision?
- Is it the right power for making that decision?
- Are there any preconditions on the use of the power?
- Are there any limitations on the use of the power?
- Do I have the authority to make that decision? This covers both an authorization or a delegation
- Can I delegate the power to make that decision?
- What must I consider when making that decision?
- Who can I consult when making that decision?
- decision makers are often concerned that they can’t consult because they have to make the decision themselves, but this is not the case
- What evidence is that decision based on?
- Interpretation of legislation provisions and the power to make decisions
- Steps to take to ensure decisions are free from allegations of bias and upholding principles of Natural Justice
- Human Rights charter: how it applies to your decision
- How to ensure decisions are transparent and conform to natural justice
- When reasons should be given by the decision maker?
Presented by Vanessa Twigg, Principal Legal Adviser, Victorian Ombudsman
Professional Skills
3.00pm to 4.00pm What Motivates Acceptance of the Decision? Current Thinking
- How do you effectively communicate your decision to the recipient? Plain English communication
- Engagement with the parties
- Method of delivery of the decision
- Embedding the approach within normal process
Presented by Dr Jamie Orchard, AHPRA General Counsel, AHPRA (Australia Health Practitioner Regulation Agency)
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Reviewing Key Takeaways and Applying Principles to Real Examples
Now put it all into practice, astogether with our experienced panel, you’ll review the key principles as they might apply to real life scenarios.
Facilitator
Alison Smith, Principal Decision Maker, Victorian Building Authority
Panellists
Brad Powell, Compliance and Investigating Manager, Harness Racing Victoria
Shail Singh, Acting Lead Ombudsman, Investments and Advice, AFCA
Vanessa Twigg, Principal Legal Adviser, Ombudsman
Bronwyn Weir, Director, Weir Legal & Consulting
Presenters
Alison Smith
Before joining the VBA’s Practitioner Discipline Unit, Alison was an appointed member of the Administrative Appeals Tribunal (and formerly the Social Security Appeals Tribunal) for 12 years. Alison joined the VBA in 2019 and acts as a delegate in disciplinary proceedings against building practitioners. Alison has taken a lead role in developing and maintaining the VBA’s regulatory and disciplinary strategy in relation to the non-compliant use of combustible cladding in a cross-divisional team of lawyers, technical experts, and investigators.
Vanessa Twigg
Vanessa is a criminal and administrative lawyer with extensive experience providing legal services in Commonwealth and Victorian Government law enforcement and integrity agencies, including the National Crime Authority, the Royal Commission into the Building and Construction Industry, the Office of Police Integrity and IBAC, as well as her current role as Principal Legal Adviser for the Victorian Ombudsman. In her work she has particularly focused on the responsible exercise of both discretionary coercive investigative powers used to compulsorily acquire oral and written evidence, and electronic surveillance powers. Vanessa has highly developed skills in legal analysis and the application of public interest tests to ensure that case management processes are legally competent and the law enforcement or integrity agencies exercise investigative powers appropriately and proportionately. She is a member of the Law Institute’s Government Lawyers Section and Administrative Review and Constitutional Law Committee. She was also awarded the LIV President’s Award for Outstanding Service in 2022.
Dr Jamie Orchard
Dr Jamie Orchard is the General Counsel of AHPRA and as such oversees the operations of the AHPRA in-house National Legal Practice. With lawyers in every state and territory, that Practice handles all regulatory, civil and criminal litigation on behalf of AHPRA and National Health Practitioner Boards and provides advice on any regulatory, corporate, governance, FOI and privacy issues that arise. Jamie has extensive experience as a regulatory lawyer, having held senior executive level roles in Australia and internationally in regulators such as the Australian Securities and Investments Commission, the Dubai Financial Services Authority, the Qatar Financial Centre and the Australian Financial Ombudsman Service. Amongst other qualifications, Jamie holds a Doctor of Juridical Science in the field of natural justice in dispute resolution.
Shail Singh
Shail completed a law/science degree at the University of Melbourne in 1996 and commenced his legal career in 1997 at a top-tier Australian Law Firm Blake Dawson Waldron (now Ashursts). Since that time, Shail has worked both in-house, and as legal counsel for various regulators including Worksafe Victoria and the Medical Practitioners Board of Victoria. Shail completed his Masters in Law at the University of Melbourne in 2005, and in 2008 he left the law to train and work as a financial planner, completing his Advanced Diploma of Financial Planning in 2009 at Kaplan, before joining AFCA’s predecessor scheme, FOS, as a case manager in 2010. Shail was appointed as an Ombudsman at the commencement of AFCA in 2018, and then the Senior Ombudsman (Investments and Advice) in 2021. He is currently the Acting Lead Ombudsman, Investments & Advice and is a member of AFCA’s senior leadership team. Shail has now worked in dispute resolution for over a decade and is a specialist in Investments and Advice complaints. This includes financial planning, derivatives, managed funds, timeshare, cryptocurrency and stockbroking disputes.
Bronwyn Weir
Bronwyn has been a lawyer for over 20 years. She recently established Weir Legal and Consulting Pty Ltd having previously worked as a senior partner of a large law firm. Bronwyn advises governments on complaints management, licencing, disciplinary inquiries, enforcement, decision making and administrative law. Bronwyn also advises on regulatory practice and risk-based decision-making by regulators. She has worked with regulators in sectors including early childhood education and care, building, VET education, health, food safety, racing and primary industries. Bronwyn has a strong reputation in the area of building regulation. In 2018 she co-authored a report with Professor Peter Shergold to all state and territory and federal governments on building regulation issues. She continues to act for a number of governments in relation to their implementation of the report including Victoria, Qld, NSW and WA.
Brad Powell
Brad is a professional and approachable investigator with over 20 years experience conducting, managing and contributing to complex investigations within law enforcement, public sector and private sector contexts. He has extensive experience as an investigator and manager, establishing and leading teams, coordinating policy development and implementation, and leading compliance operations.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court