10 Points in One Day: Government Practice
Issues covered include: Government cancellation, health and safety, privacy risks, dispute resolution, obligations in litigation, handling complaints, public interest disclosure, data security, duty of care.
Description
Our annual 10 Points in One Day Government Practice Program is back. Hear from government law experts and government agencies about 11 of the most topical issues for government lawyers today. Attend the full day to earn all your CPD points in one go.
Attend and earn 10 CPD units including:
7 units in Substantive Law and Procedural Law
1 unit in Legal Ethics and Professional Responsibility
1 unit in Practice Management and Business Skills
1 unit in Professional Skills
Session 1
Government Projects and Contracts
Chair: Paul Armarego, Special Counsel, Mills Oakley; Recommended Corporate, Commercial & Procurement Lawyer, Doyle’s Guide 2018
7.30am to 8.30am: The Liability Issues that Arise when Government Cancels a Program or Project
Join Dr Ashley Tsacalos in this session to examine the liability issues associated with a government program or scheme that fails to deliver or is cancelled.
- Focus on the recent decisions in Searle (training contract entered into with the Commonwealth that failed to deliver the relevant training) and Roo Roofing (the class action that arose from the cancellation of the Home Insulation Program)
- Examine a number of other case studies and the various lessons learnt
- Legal issues that can arise upon cancellation
- Issues to consider before cancellation
Presented by Dr Ashley Tsacalos, Partner, Clayton Utz
8.30am to 9.30am: Health and Safety in Government Contracts
- Principles
- Procurement
- Process
- Practical issues
Presented by Maxine Feletti, Partner, Sparke Helmore Lawyers
9.30am to 10.30am: Current Issues for Commonwealth Agencies: Privacy Risks in De-identification of Data
Many Commonwealth agencies rely on de-identification of data as a strategy to facilitate their use and disclosure of personal information, including to facilitate data sharing with other agencies or private sector organisations where this may not otherwise be permitted under the Privacy Act. But is de‑identification a risk-free solution for all situations?
It is essential that lawyers working for or with Commonwealth agencies understand what is, and what is not, effective de-identification, and the limitations on the use of de-identification as a tool for appropriate data sharing.
- Examine de-identification, including some common de-identification processes
- Understand the potential risks involved in the use of de-identification, including lessons learned from some recent case studies involving de‑identification
- Examine strategies that can be adopted to use de-identification to disclose information
Presented by Katherine Armytage, Partner and Indi Prickett, Associate, Maddocks
Session 2
CPD Core Areas for Government Lawyers
Chair: Vince Sharma, Partner, Mills Oakley
Professional Skills
10.45am to 11.45am: Dispute Resolution Workshop: Strategies for Public Sector Lawyers
Examine the use of ADR techniques to effectively manage dispute resolution and explore how to prevent disputes from arising in the first place.
Presented by Andrew Gill, Partner, MinterEllison
Legal Ethics and Professional Responsibility
11.45am to 12.45pm: Legal and Ethical Obligations in Litigation
Practitioners are generally aware of their legal and ethical obligations in relation to litigation. However, when it comes to representing government, the playing field is not always intended to be level. Address what the legitimate expectations are of the legal team representing the non-government party with particular emphasis on decision making, discovery, disclosure, calling of witnesses and behaviour of the parties.
Presented by John Masters, Barrister, Blackburn Chambers
Practice Management and Business Skills
12.45pm to 1.45pm: The Value of Customer Insights: How Good Complaint Handling Can Improve Administrative Practice
Examine the role of government lawyers in assisting their agencies in responding to complaints from the public and managing associated risks.
- Key principles of good complaint handling, including managing expectations and learning lessons from feedback received
- How government lawyers can influence and advise their agencies
Presented by Shirley Tong, Director – Complaints, Management and Education, Commonwealth Ombudsman
Session 3
Key Current Legal Issues for Public Sector Lawyers
Chairs: Lottie Flaherty, Senior Executive Lawyer, Australian Government Solicitor and Philip Walker SC, Blackburn Chambers; Leading Commercial Litigation & Dispute Resolution Senior Counsel, Doyle’s Guide 2019
2.15pm to 2.55pm: Public Interest Disclosures and Whistleblower Protection Laws
- Overview of the new Corporations Law Whistleblowing Regime
- Analysis of Public Interest Disclosures
- Overlap between the Public and Private Sector Whistleblowing Regimes
- Practical advice for organisations stuck in the middle
Presented by William Ward, Special Counsel, Meyer Vandenberg Lawyers; Accredited Specialist in Employment and Industrial Relations Law
2.55pm to 3.35pm: Planning for Data Security in Complex Projects
- Discuss the legal and management risks involved in implementing large projects, including significant business transformation or digitalisation
- Tasks to be undertaken to ensure data security is managed appropriately and how to identify and manage risks to data security
- Privacy impact assessments / data security assessments
- Data breach management
- Supplier risks
- Global developments, including GDPR
Presented by Alexandra Wedutenko, Partner, Clayton Utz; Best Lawyers 2019, Government Practice and Information Technology Law
3.35pm to 4.15pm: The Government’s Duty of Care
- Understanding tortious liability of government departments and public authorities
- When is a statutory duty of care likely to found a private negligence action?
- Requirements for a novel duty of care
- Recent case law
Presented by Chris Erskine SC, Blackburn Chambers; Recommended Commercial Litigation & Dispute Resolution Barrister, Doyle’s Guide 2019
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm: Administrative Case Law Update
Review the latest and significant cases on administrative law decisions during the last 12 months.
Presented by Katherine Cooke, Senior Associate, HWL Ebsworth Lawyers
5.30pm to 6.30pm: Principles 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
- Practical tips on fundamentals of decision writing/structure
Presented by Kim Robbins, Consultant and Farhana Islam, Senior Associate, Maddocks
Venue
Hyatt Hotel Canberra
Level 1, 120 Commonwealth Avenue
Yarralumla
Canberra 2600
ACT
Australia
Directions
The nearest train station is Canberra Train Station, Kingston ACT.
Parking
Valet parking for 60 vehicles is available at the Hyatt Hotel at a rate from $35 per day. 200 off-street car spaces surrounding Hyatt Hotel Canberra will be subject to payment and availabilities, the daily fee will be approx. $13.70 per day, Monday to Friday from 8:30am until 5:30pm. Parking is not included in the registration fee.