Religious Based Institutions: The Legal Issues
Issues covered include: how Australian law protects religious freedom, freedom of religion vs freedom of expression, privacy law, church tribunals, employment contracts, property law and the Church, institutional abuse, civil liability, civil claims
Description
The intersection of religion and law in contemporary Australian society has become increasingly apparent in the recent past. If religion and law impacts you in your role as a legal practitioner, this Conference is not to be missed. The program brings important voices to the table in examining religious freedom, expression, discrimination, governance, employment law and the legal framework necessary for religious institutions. And finally, take a deep dive into the practicalities of civil claims & liability.
Attend and earn 7 CPD units in Substantive Law
Session 1
The Legal Conflict Between Equality, Rights and Discrimination
Chair: Mark Fowler, Director, Fowler Charity Law and Adjunct Associate Professor, Notre Dame University
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.35am: KEYNOTE ADDRESS FROM THE HUMAN RIGHTS COMMISSIONER: Rites and Rights: How Australian Law Protects Religious Freedom
The Human Rights Commissioner will discuss the challenges of balancing rights and freedoms in a multicultural, multi-faith Australia
Presented by Edward Santow, Human Rights Commissioner, Australian Human Rights Commission
9.35am to 10.25am: Freedom of Religion vs Freedom of Expression: Critical Legal Issues
- Religious discrimination and freedom of speech
- Codes of conduct and contractual law
- Review of religious exemptions in anti-discrimination law: ALRC discussion paper
Presented by Neil Foster, Associate Professor, Newcastle Law School
10.25am to 10.40am Morning Tea
BOARD, GOVERNANCE AND EMPLOYMENT
10.40am to 11.30am: Privacy Law and Church Tribunals: The Need to Know
- Who needs to know
- What they need to know
- Confidentiality
- Mandatory reporting laws
Presented by Fr Brian Lucas, Director, Catholic Mission; Author, Church Administration Handbook, St Pauls Publications
11.30am to 12.20pm: Employment Contracts for Faith Based Organisations
- Requiring a commitment to the faith
- Requiring a commitment to moral standards
- Discrimination and religious freedom issues
- Termination
Presented by David Ford, Partner, Carroll and O’Dea
12.20pm to 1.10pm: Property Law and the Church
- The canon law relating to property, permissions for alienation and acts of extraordinary administration by dioceses and religious institutions
- The civil law application for transactions, structure and purpose
Presented by Josephine Heesh, Partner, Carroll and O’Dea and Reverend Father Matthew Muller, Chancellor and Canonical Advisor, Catholic Diocese of Maitland Newcastle
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Institutional Abuse – Liability and Civil Claims
Chair: Garth Blake, AM SC, 8 Wentworth Chambers
2.00pm to 3.00pm: Dealing with Institutional Abuse and Recent Law Changes
- Widening exposure with the Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act
- Duty to organisations to prevent child abuse
- Vicarious liability for acts of employees and a person ‘akin to an employee’
- Unincorporated associations
- Limitation period including reference to the other states
- Common law position post the Prince Alfred College decision
Presented by Dr Andrew Morrison RFD SC, Wardell Chambers
3.00pm to 4.00pm: Civil Liability of Institutions: Changes Following the Royal Commission
- Recommendations of the Royal Commission
- Practice and procedure relating to abuse claims against institutions
- The National Redress Scheme
Presented by Nili Hali, Barrister, Chalfont Chambers and Adjunct Lecturer, College of Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: A Practical Guide to Trauma-Sensitive Resolution of Civil Claims by Survivors of Abuse
- What does ‘trauma-sensitive’ mean in a claim process?
- Respectful collaboration and language
- Supporting survivors through the process
- Formal therapy
- Social casework and practical supports
- Other supports
- Meaningful engagement
- Meaningful outcomes
- Financial
- Non-financial/symbolic
- Aftercare
Presented by John Ellis, Solicitor and Nicola Ellis, Solicitor, Ellis Legal Lawyers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates