Exercise of Compulsory Information Gathering Powers
You’ll explore the exercise of the compulsory information gathering powers of Government agencies. With this extraordinary line up of government speakers, get all your questions answered and receive an overview of disciplinary, regulatory, and criminal coercive gathering powers in practice. Review how you might manage claims for privilege. Finally, you’ll put it all into practice, as this highly qualified and industry panel delves into the application and implementation of these powers in practice. 233V08
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Cathy Cato, Executive Director, Legal and Integrity, Victorian Inspectorate
9.00am to 10.00am Disciplinary and Regulatory Coercive Gathering Powers
- Different types of notices
- Seeking information
- Seeking documents: Notices to Produce
- Compulsory examinations: Notices to Examine
- How they differ from subpoenas and other litigation notices
- Duty of the government issuing the Notice
- Failure to comply and objections
- When is it appropriate to prosecute
- Dealing with lapse notices
- Objections: powers of the recipients
- Public Immunity Interest (PII) and privilege claims
- How information obtained can be used
- Intersection of court processes
Presented by Alanna Mitchell, Assistant Victorian Government Solicitor, Inquiries Prosecutions and Administrative Law and Nidal Sayegh, Lead Counsel, Victorian Government Solicitor’s Office
10.00am to 11.00am Criminal Coercive Gathering Powers
- The use of coercive powers in gathering information in relation to organised crime
- Jurisdiction of Chief Examiner and Australian Criminal Intelligence Commission
- How information is gathered under the Major Crime (Investigative Powers) Act 2004 (Vic) (MCIP Act) and Australian Crime Commission Act (2002) (ACC Act)
- Witness summons requiring evidence be given
- Witness summons/notice requiring production of documents only
- Witness summons requiring witness to give evidence and produce documents
- custodial witnesses.
- Use of coercively gathered evidence
- Limitations on use: protection against self-incrimination abrogated but limited use immunity and safety and fair trial considerations
- Court ordered release and use – ss 43A and 43B MCIP Act and s25A(12)&(13) ACC Act
- Witness’s rights: at time release of information sought and during/post release of information
- Offences under the MCIP Act and ACC Act including fail to attend and failing to produce documents, answer questions or provide false and misleading evidence
- Contempt of the Chief Examiner and ACIC
- Oversight
Presented by Joanne Smith, Victoria’s Chief Examiner, Office of Chief Examiner and Jacqui Thompson, Deputy General Counsel, Australian Criminal Intelligence Commission
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Delegated Legislation Interpretation Review: Understanding the Scope of your Powers
- Understanding your delegated powers and scope of your powers
- What are the boundaries?
Presented by Stephen Moloney, Barrister, Owen Dixon Chambers West; Chairperson Medicare Participation Review Committee, Commonwealth
12.15pm to 1.15pm Q&A Session: A Review of Information: Gathering Powers in Practice
Now put it into practice, together with this highly qualified and industry panel, you’ll take a dive into the application and implementation of information gathering powers in practice and takeaway valuable insights that only a panel of this experience can provide.
Facilitator:
Cathy Cato, Executive Director, Legal and Integrity, Victorian Inspectorate
Panellists:
Rob Hocking, Principal Strategic Investigator, Victorian Ombudsman
Kasper Maat, Senior Regulatory Manager, Compliance and Enforcement, Energy, Essential Services Commission
Brad Powell, Compliance and Investigating Manager, Harness Racing Victoria
Joanne Smith, Victoria’s Chief Examiner, Office of Chief Examiner
Vanessa Twigg, Principal Legal Adviser, Victorian Ombudsman
Presenters
Cathy Cato
Cathy Cato is Executive Director, Legal and Integrity at the Victorian Inspectorate where she heads up legal services, corporate services and operations. The functions of the VI include overseeing the use of coercive powers by entities such as IBAC, the Victorian Ombudsman and the Chief Examiner. The VI also conducts investigations using coercive powers. Cathy’s extensive career as a government lawyer began at the Australian Government Solicitor, where Cathy acted for Commonwealth clients in a range of sensitive and high-profile litigation. Cathy later worked as an in-house lawyer and legal manager at a regulatory agency, advising on investigations using coercive powers and conducting civil prosecutions. Cathy has been a senior executive since 2012, including roles at the Victorian Department of Treasury and Finance, and as a Deputy Commissioner and Acting Commissioner at the Australian Building and Construction Commission. Cathy has expertise in implementing new legislation, functions and policies, and a deep understanding of administrative investigations, civil litigation as a defender and prosecutor, public sector governance and government decision-making. Cathy considers a commitment to integrity as vital in approaching the inherent risks and challenges within the public sector.
Alanna Mitchell
Alanna Mitchell leads the Inquiries Prosecutions and Administrative Law branch at VGSO. She is an experienced Victorian Government lawyer specialising in administrative law, Royal Commissions and Inquiries, prosecutions, litigation, and projects. At the VGSO, Alanna has led the legal function in relation to the State's response to several significant Royal Commissions and public inquiries in recent years, including the Yoorrook Justice Commission, Mental Health Royal Commission, Aged Care Royal Commission, Defence and Veteran Suicide Royal Commission, and National Natural Disaster Arrangements Royal Commission, among others. Alanna has a deep understanding of public sector governance and decision making processes and has participated in and chaired senior inter-departmental committees, working groups and panels across government over many years in relation to multiple major projects, legal matters and projects. Alanna has a strong understanding of the practical application of the law, client perspective and the imperatives of balancing good legal advice with great strategy, along with how to advocate strongly for the State's position in complex, information-rich, fast moving environments. Her deep experience in Royal Commissions means she can give forward thinking, practical and strategic advice to help you get the best outcome for Victoria in relation to this Royal Commission. Alanna holds a bachelor of arts/laws (hons) and a master of public administration both from the University of Melbourne and is also a qualified Prince2 project manager. She has previously worked in the Victorian treasury, in private legal practice and management consulting in the areas of major projects, finance, infrastructure and strategy.
Nidal Sayegh
Nidal works in the Inquiries, Prosecution and Administrative Law Branch at the VGSO and has an extensive practice in administrative and public law matters, focussing on delivering pragmatic and innovative solutions to complex legal problems. Nidal's current practice includes: advising on statutory interpretation and administrative law issues including delegations and authorisations; acting for disciplinary boards in panel hearings and tribunal referrals; advising on the conduct of formal investigations and formal inquiries, including Royal Commissions, parliamentary inquiries and boards of inquiry and acting for public sector departments and agencies in numerous merits and judicial review matters. Nidal joined the VGSO in 2022 and prior to this had a variety of in-house legal and management roles at the Victorian Department of Treasury and Finance and Cladding Safety Victoria and prior to joining the VGSO was Acting Director, Legal, Commercial and Procurement at Cladding Safety Victoria. Nidal has been involved in high-complexity, high profile administrative law and freedom of information matters, prosecutions, privacy matters, commercial transactions and major infrastructure projects and has significant experience working for both Commonwealth and State Governments.
Joanne Smith
Joanne Smith is Victoria’s Chief Examiner. The Chief Examiner is an independent statutory officer, appointed by the Governor-in-Council. Ms Smith began her five-year appointment as Victoria’s Chief Examiner on 20 June 2018. Ms Smith first joined the Office of Chief Examiner in February 2016, with her appointment as an Examiner. Before that, Ms Smith was a Deputy Public Interest Monitor in the newly established Office of the Public Interest Monitor. Ms Smith has extensive experience in the exercise of coercive powers. Her career spans prosecution, law enforcement and integrity agencies in Victoria. The Chief Examiner is committed to reducing the incidence of organised crime to help build a safer Victoria, while ensuring fairness and integrity in the use of her powers.
Jacqui Thompson
Jacqui Thompson is a Deputy General Counsel at the Australian Criminal Intelligence Commission (ACIC). She leads a national legal team responsible for delivering in-house legal advice across all ACIC functions, including litigation and the delivery of legal advice concerning the exercise of the ACIC’s coercive powers. The ACIC has a unique remit, with its coercive powers being exercised for the purpose of special ACIC investigations or operations into federally relevant crime. Ms Thompson has significant experience working in law enforcement with a particular focus on the exercise of coercive powers, litigation and law reform. Ms Thompson has been with the ACIC since 2010 in a number of senior legal roles and has led a number of key legislative reform projects for the ACIC, directly impacting the exercise of coercive powers. Prior to joining the ACIC Ms Thompson was a prosecutor in NSW and the ACT and has performed legal policy roles.
Stephen Moloney
Stephen Moloney practises in administrative law, commercial law, negligence, particularly medical negligence and professional discipline. He has been a member of the Victorian Bar since 1991 and is a member of Dever's List. He is the Chairman of the Medicare Participation Review Committee of the Commonwealth, first appointed in 2010 and was recently re-appointed by the Federal Minister of Health. In this role the suitability of health professionals to participate in the Medicare Scheme is determined. He is the immediate past President of The Australian Institute of Administrative Law (Vic Chapter) and the Medico Legal Society of Victoria. He is a former member of the Human Research Ethics Committee of the Alfred Hospital. He holds a substantial practice in a variety of government regulatory areas including all aspects of the investigation and regulation of health practitioners at both a State and Commonwealth level. He regularly advises and appears for government and its agencies at both a State and Federal level in multiple jurisdictional areas.
Rob Hocking
Robert is the Victorian Ombudsman's Principal Strategic Investigator. He leads complex and high profile investigations requiring extensive evidence gathering, analysis and stakeholder management. While the Ombudsman's investigations use non coercive methods of evidence gathering wherever practicable, the use of summonses and other formal powers may be necessary and appropriate in some circumstances and Robert is experienced in the legal and strategic requirements for their use. Prior to joining the Ombudsman Robert practiced as solicitor in Australia and the United Kingdom in employment law as well as criminal and civil jurisdictions.
Kasper Maat
Kasper is an experienced regulatory lawyer and manager with a demonstrated history of working in a busy administrative and regulatory law practice. He leads the Enforcement Group in the Energy Division of the Essential Services Commission.
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.
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.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
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Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court