Law Reform Submissions 2010

National Legal Profession Reform

In August 2010 PILCH made a submission to the Council of Australian Governments’ (COAG) National Legal Profession Reform Taskforce. The Reform is intended to harmonise disparate regimes in Australia for the regulation of lawyers and legal practice.

The PILCH submission addresses opportunities for pro bono and volunteer legal practice under the reform, particularly for corporate, government and non-practicing lawyers. PILCH commends the Taskforce’s draft legislation for formally authorising all practicing lawyers to volunteer at a community legal service, and for establishing a stand-alone volunteer practicing certificate. PILCH recommended further reform to allow all practitioners to engage in general pro bono legal practice, and for a stand-alone pro bono practicing certificate. The submission draws on case studies, PILCH’s experience of capacity for pro bono legal practice and access to justice principles.

Unfair Terms in Insurance Contracts

In May 2010, PILCH made a submission the Corporations and Financial Services Division of the Federal Treasury in response to the Unfair Terms in Insurance Contracts – Options Paper, which was released for public comment on 17 March 2010. PILCH’s submission was informed by the many requests for assistance it receives from consumers complaining of harsh or unfair terms in insurance contracts.  In making its submission, PILCH detailed a number of case studies indicative of these enquiries.  PILCH recommended that insurance contracts should be exposed to the unfair terms regime contained in the new national consumer law (comprising the Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010, and the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010). This would ensure consistency with the consumer protections afforded in respect of financial and other services. PILCH recommended against extension, or partial extension, of the current provisions in the Insurance Contracts Act 1984, which exclude certain protections afforded in external legislation.PILCH considered and endorsed the opinions and recommendations expressed in the submission of the Consumer Action Law Centre.

Universal Periodic Review

In April 2010, PILCH made a submission to the Attorney-General on the Universal Periodic Review Process.  The submission outlined eight of the major human rights issues that, in PILCH’s view, should be addressed in the Australian Government’s report to the United Nations Human Rights Council.  These issues included the National Human Rights Consultation, access to justice and human rights education.  

Victoria’s Integrity and Anti-Corruption System Review

In March 2010, PILCH made a submission to the Public Sector Standards Commissioner (PSSC) in relation to the PSSC’s review of the efficiency and effectiveness of Victoria’s integrity and anti-corruption systems.

The submission focused on an analysis of Victorian investigation mechanisms currently available in respect of complaints of abuses of police powers and the extent to which those mechanisms fall short of human rights obligations. 

In making its submission, PILCH examined the implications of Australia’s anticipated ratification of the Optional Protocol to the United Nations Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).  PILCH submitted that the OPCAT principles are reflected in the Victorian Charter of Human Rights and Responsibilities Act 2006 and that by extension, these rights imply an obligation to establish and maintain a credible complaints investigation procedure, particularly with regard to complaints regarding human rights abuses by Victorian Police.

The submission makes recommendations for substantial reform of the Victorian system to create a more credible, accessible and efficient police accountability mechanism.

The PSSC is required to provide its final report to the Premier by 31 May 2010.

Equal Opportunity Bill 2010

In March 2010, PILCH made a submission to the Scrutiny of Acts and Regulations Committee on its Review of the Equal Opportunity Bill 2010 (Vic).

PILCH made a recommendation that ‘homelessness’ and ‘irrelevant criminal record’ should be included in the list of protected attributes in section 6 of the EO Bill. Other recommendations included: all permanent exceptions should be repealed; the maximum period of operation of exemptions should not be extended from three to five years; and, adequate funding for the equal opportunity regime should be guaranteed.