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Administrative & Migration Law Symposium: Administrative stream

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Administrative & Migration Law Symposium: Administrative stream

Date & TimeTBC
Format Symposium
Price

Member

$360.00

Non-Member

$480.00

CPD Units 4
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

Exclusive LIV Member Offer: Book online by February 12 and receive 20% off the member price*

The Administrative & Migration Law Symposium is designed to enhance your knowledge and skills to successfully navigate the practice of these areas of law in 2020 and beyond. Receive up-to-date information on how to make successful FOI requests, practical guidance on dealing with self-represented litigants and essential insights on privacy issues in the digital age.

The symposium features topics of relevance to both administrative and migration law practitioners, as well as breakout sessions for more focused learning in each practice area.

Further details on the Administrative Stream below. Click here for details on the Migration Law Stream.

 

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Program Overview

  • Administrative & Migration Law Symposium: Administrative stream - Wednesday 26 Feb
    • 12:00 PM Registration
      Light lunch provided upon arrival.
    • 12:30 PM Practical Tips for FOI Requests

      With your ability to navigate the freedom of information regimes at the Commonwealth and state levels being a key skill in your arsenal as an administrative lawyer, discovering nuanced and strategic techniques for making FOI requests can help you gain a distinct advantage in your practice.

      This interactive session will provide insights into making successful FOI requests to strengthen your practice in this area and will cover the following topics:

      • How to make a valid request under the Victorian and Commonwealth Freedom of Information Acts;
      • How to maximise chances of accessing documents sought when dealing with agencies;
      • Recent Court, VCAT and AAT decisions on approaches to be taken by agencies in handling FOI requests.
      • Broader issues and developments including the Professional Standards which will shortly come into effect covering the conduct of agencies under the Victorian FOI Act.

      Compliance Area: Substantive Law

      Presenter: Elena Arduca, Senior Executive Lawyer, AGS

    • 1:15 PM Tips, Traps & Challenges when Dealing with Self-Represented Litigants

      The unrepresented (or self-represented) litigant is an increasingly common sight in Australian courts and tribunals. For example, increases in Federal Circuit Court workloads and consequential delays are being linked to migration appeals, noting that high numbers of self-represented litigants are seeking review of protection visa matters. In 2016-17, the Court’s general federal law filing workload increased by 12 per cent, most noticeably in migration law, which increased by 40 per cent.

      Unrepresented litigants present a unique set of challenges to the administration of justice, and to the legal practitioners they encounter. Understanding these issues and how to manage any difficulties in matters involving self-represented litigants is key to ensuring that proceedings run as smoothly as possible.

      This practical session will provide insights into how practitioners could best deal with self-represented litigants and will cover:

      • The right of a self-represented litigant to represent themselves
      • Duties of court in dealing with self-represented litigants;
      • Practical guidance for practitioners dealing with self-represented litigants
      • Managing difficult self-represented litigants.

      Compliance Area: Professional Skills

      Presenter: Joel Tito, Barrister, Victorian Bar

    • 2:15 PM Afternoon tea
    • 2:30 PM Administrative Law Breakout Session: Political involvement in the public service

      Can a public servant participate in political debate without falling foul of the boss? Examining this topical question in light of the controversial decision in Comcare v Banerji [2019] HCA 23 and subsequent authorities, this session will help you enhance your knowledge of the parameters of rights to political involvement for public servants.

      This thought-provoking session will consider the implications of the Banerji decision for Victorian public servants and the broader lessons for government and non-government employers on the extent they can issue binding guidelines on employees’ political involvement.

      Compliance Area: Substantive Law

      Presenter: Nicholas Green QC, Barrister

    • 3:15 PM Privacy & Information Issues in the Digital Age

      Privacy and data security are in the spotlight as recent regulatory changes are tested out in practice and data breaches are increasingly reported in the media. But what does this all mean for your day-to-day practice?

      This session will cover key legal issues in the use of data and personal information by public sector organisations to develop your understanding of these issues and how to manage them in practice.

      Topics covered will include:

      • Use and disclosure restrictions including those concerning information privacy obligations arising under the Privacy and Data Protection Act 2014 (Vic)
      • Data de-identification and re-identification
      • Data sharing, including Victorian and Commonwealth Government approaches
      • Data security, including the Victorian Protective Data Security Standards

      Compliance Area: Practice Management & Business Skills

      Presenter: Melanie Olynyk, Partner, Maddocks

    • 4:15 PM Ethics in Practice

      The LIV’s Special Counsel Ethics will facilitate a highly interactive workshop discussion with attendees addressing a selection of challenging ethical issues which can arise in daily legal practice in the context of administrative and migration law. These issues will be illustrated by the use of de-identified real life scenarios.  Topics for discussion will include a solicitor’s paramount duty to the court and administration of justice, duty to return client documents, and a solicitor’s duty to avoid conflict of interest in all its forms.

      Compliance Area: Ethics & Professional Responsibility

      Presenter: Michael Dolan, Special Counsel Ethics, Ethics and Professional Development Department, Law Institute of Victoria

    • 5:15 PM Close

Further Details

  • Full Description

    *Exempt from the Early Bird offer are CLC, YL and Accredited Specialist members. The registration fee for these membership categories is $270.

    Focusing on key issues and developments you need to be across in 2020, the Administrative & Migration Law Symposium is designed to enhance your knowledge and skills to successfully navigate the practice of these areas of law in 2020 and beyond.

    Receive up-to-date information and practical guidance on making successful FOI requests and dealing with self-represented litigants, as well as trends in judicial review matters.

    Topics covered include:

    • How to make a valid request under the Victorian and Commonwealth Freedom of Information Acts
    • How to maximise chances of accessing documents sought when dealing with agencies
    • Recent Court, VCAT and AAT decisions on approaches to be taken by agencies in handling FOI requests
    • Duties of court in dealing with self-represented litigants
    • Tips, traps and challenges when dealing with self-represented litigants
    • Materiality, unreasonableness and other trends in judicial review
    • Privacy and information issues in the digital age

  • Presenters

    Elena Arduca, Senior Executive Lawyer, AGS

    Nicholas Green QC, Barrister

    Melanie Olynyk, Partner, Maddocks

    Michael Dolan, Special Counsel Ethics, Ethics and Professional Development Department, Law Institute of Victoria

  • Feb-March 2020 CPD Program

    Make your points count with the LIV.

    Developed in collaboration with industry experts, the all new CPD program covers 19 practice areas, all areas of Accredited Specialisation, all compulsory compliance areas and all career stages. Choose from a variety of options and formats to fit your busy schedule.

    Click here to learn more about our 2020 CPD program.

    Click here to view additional professional development focused on Administrative Law.