find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
Tas lawyers condemn ‘judge and jury’ plans

Tas lawyers condemn ‘judge and jury’ plans

TASMANIA’S RECENT introduction of a controversial proposal to reform the state’s legal industry has been condemned by both the national and state legal professional associations.The Law Council…

TASMANIA’S RECENT introduction of a controversial proposal to reform the state’s legal industry has been condemned by both the national and state legal professional associations.

The Law Council of Australia (LCA) argued the state government’s Legal Profession Amendment Bill 2004 would have detrimental effects for lawyers and consumers.

The Amendment Bill would remove the right of the Tasmanian legal profession to self-regulate, and place disciplinary proceedings in the hands of the Legal Profession Board.

As well, the changes to the Legal Professions Act 1993 would allow the Tasmanian A-G to hand pick a Legal Profession Board, which would be “judge and jury” over every aspect of the legal profession, the Law Council said.

The proposed changes would put Tasmania “out of step” with what is happening in other states and territories, Law Council president Bob Gotterson said.

“[It will] destroy the checks and balances in the regulatory framework of the legal profession and increase the cost of justice — making it harder for ordinary Tasmanians to see a lawyer.”

The LCA also claimed the new system would totally exclude the profession from the regulation process, was bad in principle and would not work in practice.

“The co-regulatory model long employed in all other Australian jurisdictions, and likewise in Tasmania, allows governments to provide the rules, the profession to embrace them and the courts to supervise the profession’s administration of them,” Gotterson said.

The new system was not the formula for an independent legal profession free from political interference, Gotterson said. “You can’t have one body making the rules and the same body enforcing them.”

Last week, the Law Society of Tasmania argued the Amendment Bill threatened the right of Tasmanians to an impartial and affordable system of justice.

Law Society president David Gunson said the justification for the Bill ignored the consequences for justice if the legal profession was completely regulated by a government-appointed board.

All states and territories had been working hard over the years to harmonise the regulation of the legal profession, Gotterson said. But, it was unfortunate that the “regressive Tasmanian legislation” was being debated at the same time as the release of the progressive draft national Bill.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Tas lawyers condemn ‘judge and jury’ plans
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Human body, illegal organ trafficking, ALHR
Australia poised to combat illegal organ harvesting: ALHR
The Australian Lawyers for Human Rights are calling for changes to the law so that organ trafficking...
Online service, barristers, BarristerSELECT, Stephen Foley
New online service leverages barristers’ clerks to aid briefing
A new online tool has been launched to help NSW solicitors find the most suitable barristers for the...
NSW District Court judge, Tim Gartelmann SC, next appointment,
Silk replaces outgoing NSW District Court judge
A barrister has been named as the next appointment to the NSW District Court, following the retireme...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...