10 Points in One Day: Government Practice
Issues covered include: data security, tendering, duties, privacy, public interest disclosure, immunity, decision making, AI, information requests
Description
One day. A dozen carefully selected topics covering the most important issues facing public sector lawyers. Sixteen leaders in the area assembled in one place to share their knowledge. And every single one of your CPD points complete in one information-packed day. The maths adds up: once again this is another can’t miss conference.
Attend and earn 10 CPD units including:
1 unit in Legal Ethics and Professional Responsibility
1 unit in Practice Management and Business Skills
1 unit in Professional Skills
7 units in Substantive Law and Procedural Law
This conference was recorded in ACT on 28 February 2019
Session 1
Government Contracts and Procurement
Chair: Paul Armarego, Special Counsel, Mills Oakley Lawyers; Recommended Corporate, Commercial & Procurement Lawyer, Doyle’s Guide 2018
7.30am to 8.30am: Understanding Government Contracts and the Underpinning Legal Framework
- Overview of the Commonwealth legal framework and relevant policies
- Risk management, including indemnities, limitation of liability, exclusion of consequential loss, liquidated damages, and termination rights including termination for convenience and post termination rights
- Drafting and negotiating IP and data security provisions
- Using Secure Cloud in government service delivery
- Can Smart Contracts improve government contracting?
Presented by Alexandra Wedutenko, Partner, Clayton Utz; Leading Corporate, Commercial & Procurement Lawyer, Doyle’s Guide 2018
8.30am to 9.30am: Big Data in Government Contracts
- The Australian Government’s Public Sector Data Strategy
- Key contractual considerations for big data projects including data security, privacy requirements, intellectual property and reliability of data
- Effective collaboration with inter-government projects
Presented by Jane Supit, Senior Executive Lawyer, Australian Government Solicitor
9.30am to 10.30am: Tender Bender: Legislation to Challenge Commonwealth Tendering Practices and Decisions
- Public law challenges: Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth)
- Recent case law
- Government Procurement (Judicial Review) Act 2018
Presented by Dr Ashley Tsacalos, Partner, Clayton Utz
Session 2
CPD Core Areas for Government Lawyers
Chair: Philip Walker SC, Blackburn Chambers; Leading Commercial Litigation & Dispute Resolution and Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2018
Professional Skills
10.45am to 11.45am: Working with Legislation
- Interpretation of legislation
- Contemporary legislative drafting practice
- Running a successful legislative project
Presented by Mary Toohey, Parliamentary Counsel, ACT Parliamentary Counsel’s Office
Practice Management and Business Skills
11.45am to 12.45pm: Data Security: What Government Lawyers Need to Know
Is data really the ‘new oil’ and if that is right, how do the relevant legal frameworks apply to the ownership and management of this resource?
- Data security fundamentals: an overview on the key concepts
- The relevant legal and regulatory frameworks with respect to data security
- Open data vs need to know principles: tension and resolution
- Key technologies and trends worth keeping an eye on
Presented by Harry Cheema, Lead Director – Cyber Risk, Deloitte
Legal Ethics and Professional Responsibility
12.45pm to 1.45pm: A Government Lawyer’s Duties and Resisting the Temptation to Bend the Truth
- What circumstances might tempt me to lie?
- What should I do if my employer presses me to act in a manner I consider wrong?
- What do I do if I inadvertently come across information relating to a case I am handling?
- How is my duty to my employer to be reconciled with my duty to the Court?
- What do I do if my opponent makes a mistake?
- How can I survive this maze of duties?
Presented by Greg Stretton SC, Blackburn Chambers
Session 3
Privacy and Information Requests
Chair: Sean King, Director, Proximity Legal; Recommended Corporate, Commercial & Procurement Lawyer, Doyle’s Guide 2018
2.15pm to 2.55pm: Privacy Law Legislation Update
- Key learnings from Notifiable Data Breaches Scheme
- GDPR European privacy law impact
- Privacy Impact Assessments: why they are important and tips to avoid pitfalls.
- What to look out for in privacy laws during the year ahead
- Horizon scanning: What are privacy challenges Commonwealth agencies are likely to face in the future?
Presented by Katherine Armytage, Special Counsel, Maddocks
2.55pm to 3.35pm: How to Effectively and Efficiently Handle Information Requests
- Interaction between FOI Act, privacy and administrative access arrangements
- Twelve tips for FOI decision makers
- Effective negotiations with applicants, third parties and other stakeholders
- Writing a good statement of reasons
- Dealings with the OAIC including external reviews
Presented by Dana Sutton, Assistant Secretary, Legal & Assurance Branch, Department of Finance
3.35pm to 4.15pm: Public Interest Disclosures in Practice
Public Interest Disclosure schemes are designed to make 'blowing the whistle' on official wrongdoing safe and simple. You will gain a working knowledge of:
- How these schemes operate in practice
- What can be disclosed:
- Interpersonal conflict and workplace misunderstandings
- Serious and systemic allegations of official corruption
- How, when and why matters are reported, the reality for disclosers and officials who are reported
Presented by Paul Pfitzner, Senior Assistant Ombudsman, Commonwealth Ombudsman
Session 4
Decision Making and Public Interest Immunity
Chair: Vince Sharma, Partner, Mills Oakley
4.30pm to 5.10pm: Public Interest Immunity: Key Principles, Practices and Procedures for Protecting the Public Interest
- Avoiding the need to claim PII
- Standing issues
- Making a PII claim
- Supporting a PII claim: important legal principles
- Other means of protecting sensitive information
Presented by Irene Sekler, Senior Executive Lawyer, Australian Government Solicitor
5.10pm to 5.50pm: The Art of Good Decision Making
- Understanding different statutory powers to be exercised by decision makers
- Making findings on evidence
- The proper role of policy in guiding decision makers
- Putting reasons into writing
Presented by Will Sharpe, Partner, MinterEllison
5.50pm to 6.30pm: Artificial Intelligence in Government Decision Making
- Disclosure requirements relating to use of AI and algorithms in government decision making
- How Freedom Of Information (FOI), privacy, confidentiality and other disclosure requirements such as procedural fairness apply
Presented by Daniel Stewart, Consultant, HWL Ebsworth and Senior Lecturer, Australian National University – School of Law