Government Law Conference
Tailored for government lawyers, this Conference brings together an impressive line-up of speakers to answer pressing public sector issues. Upskill yourself on new privacy & sexual harassment reforms. Gain insights on trends in FOI and AI use, & latest cases in Statutory Interpretation. Learn traps around contract performance. Plus review your Model Litigant obligations, get how to on Royal Commissions & inquiries, and practical insights on managing high conflict/difficult people in your department. 233V18
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Government Lawyers Update
Chair: Ashleigh Harrold, Barrister, Greens List
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Privacy Reforms and Data Protection Breaches
- Proposed changes to the Commonwealth Privacy Act and future directions of privacy law
- Rights of individuals to access their personal information and increased individual rights
- Mandatory data breach notification issues including discussion of recent data breaches
- Class actions and representative complaints
Presented by Theonie Scott, Special Counsel, Corrs Chambers Westgarth
9.50am to 10.35am Trends in FOI and AI Use: Transparency in Government Decision Making
- The landscape: complementary frameworks for enhancing transparency
- Impact of recent FOI decisions on agencies, practitioners and advisers
- FOI Recovery: returning to a culture of compliance and transparency, post-pandemic
- Identifying and overcoming transparency, legitimacy and jurisdictional challenges in AI-supported decision-making
Presented by Steven Brnovic, Barrister, Foley’s List; Leading Administrative & Public Law Junior Counsel, Doyle’s Guide 2022; Commissioner, Victorian Liquor Commission
10.35am to 10.50am Morning Tea
10.50am to 11.35am Sexual Harassment and Respect at Work Reforms
- Sexual harassment and respect at work
- Victorian reforms: VHREOC, WorkSafe
- Legislative changes expected following change of Federal Government
- Employment law topics related to investigations, performance/management discipline, industrial relations and sexual harassment, respect at work and diversity
- Mental health wellbeing awareness
- Reporting misconduct what are your obligations
- Coercive Control, Sexual Harassment Reforms and Disability Discrimination – Royal Commission
- Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022
Presented by Catherine Dunlop, Partner, Employment, Safety & People, Maddocks
11.35am to 12.20pm Contract Performance Frameworks: Dos and Don’ts
- How to make your performance framework incentivise performance
- Is your performance framework enforceable
- Flexibility in performance frameworks for long term contracts
- Managing your performance regime
Presented by Natalie Speranza, Partner, Clayton Utz
12.20pm to 1.05pm Latest Cases on Statutory Interpretation: What are the Takeaways?
Explore several key decisions, discuss the important takeaways for government lawyers when applying statutory interpretation principles.
Presented by Catharine Thorpe, Principal Solicitor and Tim McGregor, Senior Solicitor, Victorian Government Solicitors
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Ethics, Professional Skills, and Practice Management for Government Lawyers
Chair: Myles Tooher, Deputy General Counsel, Legal and Governance, Corporate Services, Department of Environment, Land, Water and Planning
Ethics & Professional Responsibility
2.00pm to 3.00pm The Model of a Modern Government Litigant
- What justifies a requirement for government to litigate differently?
- What does being a modern model litigant require?
- Why does it matter and what can go wrong?
Presented by Andrew Suddick, Senior Legal and Contracts Manager, Agriculture Victoria Services (AVS)
Professional Skills
3.00pm to 4.00pm Responding to Royal Commissions and Public Inquires
- Preparing a department or agency’s response to match the regulatory environment of a royal commission or inquiry
- What do public sector lawyers need to know to manage evidence and experts?
- Gathering evidence to be considered
- Advice to and preparation of government witnesses
- Procuring, briefing, and managing experts for commissions and enquiries
Presented by Alanna Mitchell, Assistant Victorian Government Solicitor – Royal Commissions, Victorian Government Solicitors
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Dealing with Difficult and High Conflict Personalities in your Department!
- Types of High-Conflict Personalities
- Impact and risks of High Conflict personalities on the workplace and the workgroup
- Breaking the cycle of conflict
- Strategies for managing the high-conflict person in your department
Presented by Jodie Fox, Director, Worklogic
Presenters
Ashleigh Harrold
Ashleigh has a broad practice in administrative and public law, including regulatory and disciplinary prosecutions, as well as criminal law. Ashleigh has a particular interest in areas of administrative and public law which overlap with the criminal jurisdiction, including Civil penalty prosecutions; professional disciplinary proceedings and licensing matters in relation to all professions, including teachers and health practitioners; Inquisitorial proceedings including Royal Commissions and other Inquiries, as well as coronial inquests; Coercive powers applications at both state and federal levels; Disclosure and privilege matters, particularly in relation to public interest immunity claims and disclosure considerations as they apply to investigative agencies and Whistleblower and public interest disclosure protections. Ashleigh has also appeared as counsel assisting in numerous private examinations before the Independent Broad-based Anti-corruption Commission (IBAC) and provides advice in relation to IBAC matters. She has a thorough understanding of investigative processes and procedures, particularly in relation to anti-corruption investigations. In 2021, Ashleigh was hand-picked by the Honourable Geoffrey Nettle AC KC, former Justice of the High Court, to act as Assistant Counsel to the Office of Special Investigator (OSI). In this role she developed expertise in issues of disclosure, public interest immunity and whistleblower protections, particularly as they apply to criminal investigations. Ashleigh is also available to advise and appear in human rights and discrimination cases. She has previously acted in applications for review of NDIS decisions, and in discrimination claims brought against government and private bodies.
Theonie Scott
Theonie has practiced in the privacy and technology field for nearly a decade and has substantial experience in advising on all aspects of privacy, technology contracting, data commercialization and protection, digital transformation, licensing of intellectual property and franchising law. He is a trusted advisor to both Australian and international clients across a range of industries including banking, higher education, technology, social media, loyalty programs hospitality, motor vehicle and fuel retailers and consumer goods.
Steven Brnovic
Steven is one of Doyle’s Guide’s 2021 leading public and administrative law junior counsel in Australia. His practice is mainly in administrative decision-making, merits reviews, occupational regulation and advising on statutory powers and duties. In 2022, he was appointed as a sessional Commissioner of the Victorian Liquor Commission, where he sits as a tribunal member for liquor-related regulatory proceedings. In 2020, Steven was appointed to the Counsel Assisting team for the Victorian COVID-19 Hotel Quarantine Inquiry. Outside of the Bar, Steven had a 12-year career as a government lawyer, for the Victorian and Commonwealth governments. Prior to his call to the Bar, he was General Counsel to Commercial Passenger Vehicles Victoria and its Director of the Legal and Regulatory Services Division and an LIV Accredited Specialist in Administrative Law.
Catherine Dunlop
Catherine Dunlop is a Partner in the Employment, Safety and People team and heads the Maddocks safety practice. She advises clients on workplace and public health and safety compliance, good regulation and conduct. She acts in a wide range of Inquests and Royal Commissions and safety matters and prosecutions. She is ranked as a leading lawyer in Legal 500 and Doyles and listed in Chambers and Best Lawyers,and is a Visiting Fellow at the University of Melbourne lecturing on health and safety law.
Tim McGregor
Tim has a broad constitutional law and administrative law practice. Tim regularly advises a diverse range of government clients on complex questions of statutory interpretation, executive privilege, and the limits of State legislative and executive power. Tim also assists in the conduct of constitutional litigation on behalf of the Attorney-General in her role as First Law Officer. Tim joined the VGSO as a Solicitor in 2019. Tim regularly assists departments and agencies to navigate Victoria's public administration, financial management, and accountability regimes, providing advice on a wide variety of matters including responses to Parliamentary orders for production, the establishment of financial arrangements for new public authorities, Ombudsman investigations, information sharing between the organs of the State, and the limits and scope of administrative decision-making powers. Tim is also experienced in the conduct of constitutional litigation in the High Court, having assisted in litigation on behalf of the State in matters concerning the scope of judicial power and limits on the State's ability to impose excise duties. Tim's work is informed by an in-depth understanding of the workings of government, having commenced his legal career as a graduate and lawyer for the Australian Government in Canberra.
Myles Tooher
Myles Tooher is the Deputy General Counsel at the Victorian Government’s Department of Energy, Environment and Climate Change. Myles is a senior government lawyer responsible for advising the DELWP Executive Board and staff across the Department on all facets of the legal spectrum, including advice on good decision making, lawful and effective policy and program design, corporate governance, regulation and prosecutions, responding to Royal Commissions and Board of Inquiry and the strategic management of litigation in a government context. Myles also leads generalist and specialist in-house legal teams working in government operations, environment and natural resources, fire and emergency management, Crown land use and development, public and administrative decision making and prosecutions. Myles has been a practising lawyer for nearly 18 years and has worked in Victorian government contexts for 16 of them, bringing a deep understanding of government legal and accountability frameworks. He holds a Bachelor of Laws (with Honours) and Bachelor of Arts from Monash University.
Andrew Suddick
Andrew was appointed Senior Legal and Contracts Manager in November 2019. Andrew is responsible for providing legal and contract management advice across the AVS business including advice on investment projects, research projects, commercialization activities and intellectual property management. Andrew was admitted as a solicitor in England in 1990 and in Victoria in 1998. He has extensive experience in private practice in England and Australia, and in the public sector having most recently been General Counsel at the Victorian Government Solicitors Office. Andrew has managed responses to two Royal Commissions and two Boards of Inquiry.
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.
Natalie Speranza
Natalie Speranza is a Partner in the Major Projects and Construction team, advising both the public and private sectors on some of the largest and most complex infrastructure projects in Australia. Natalie has significant experience in providing strategic and commercial advice in procuring complex and cutting-edge projects, including East West Link, West Gate Tunnel, Canberra Light Rail, Queensland Rolling Stock Expansion, North East Link, and MR5 procurement. Natalie advises on all aspects of major infrastructure projects, including the development of the business case, market engagement, delivery strategy and procurement process. Recently, Natalie was integral to the development of commercial regimes to manage the interface challenges presented by the multi-packaged delivery strategy for the North East link and was instrumental in the development and implementation of the first of its kind PPP, implementing an incentivised target cost risk sharing mechanism within an availability PPP framework, and doing so in the context of private finance. Natalie's insightful knowledge of the continuing evolution of PPPs and other delivery methods means that she understands the commercial drivers that underpin a range of contract models and risk sharing and performance regimes. Natalie was also a key member of the legal team that developed and drafted the Standard Form Project Deed and Guidance Notes for the Victorian Government. Recently, Natalie also undertook a peer review of the new form of PPP project documents for the NSW and Victorian Governments.
Catharine Thorpe
Catharine has a broad public law practice, conducting litigation and advising on public and administrative law, including on constitutional law, statutory interpretation, administrative decision-making and judicial review, human rights and anti-discrimination law, public administration and governance, commissions of enquiry, and privacy and data protection. She frequently advises on complex and novel legal questions with the potential to affect multiple Departments, or that raise State-wide issues or interests, including those arising in urgent circumstances, such as in relation to issues arising from the COVID-19 pandemic. Catharine is a Principal Solicitor in the Constitution and Advice team in the Public Law and Planning branch at VGSO, and was formerly Senior Legal Adviser in the Public Law and Litigation team at the Department of Justice and Community Safety, Senior Associate in the Government Advisory (Public Law) team at Maddocks, and Senior Associate to the Honourable Justice Stephen McLeish at the Victorian Court of Appeal. Catharine began her practising career in corporate transactional law at the top-ranked New York law firm, Davis Polk & Wardwell, and, prior to being admitted in Victoria, spent some years researching and drafting bench books for the Judicial College of Victoria, primarily on the Charter and human rights law.
Venue
Cliftons Melbourne - Collins Street
1/440 Collins Street
Melbourne 3000 VIC
Australia
Parking information:
NEAREST PARKING
• Wilson parking, 425 Collins St (2 min walk)
• Secure Parking, 15 William St (3 min walk)
• Secure Parking 123 Queen St (4 min walk)
Directions:
CLOSEST TRAM STOPS
• Cnr Collins St & Williams St, 50m (2 min walk)
• Cnr William St & Bourke St, 50m (2 min walk)
CLOSEST BUS STOPS
• Cnr Collins St & Queen St, 140m (3 min walk)
• Cnr Flinders St & Queen St, 213m (5 min walk)
CLOSEST TRAIN STATIONS
• Flinders Street Station, 690m (10 min walk)
• Southern Cross Station, 600m (9 min walk)