PROGRAM

GOVERNMENT SOLICITORS WEEK PROGRAM

Time	Topic	Speaker	CPD units	Knowledge Area
10.00am	Official Welcome	Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW) Richard Harvey President Law Society of New South Wales Ronan MacSweeney Deputy General Counsel – Construction & Projects, Transport for NSW Chair, Government Solicitors Committee
10.00am-10.30am	Executive Federalism This presentation will consider the current state of executive federalism in Australia in the context of the development and continuation of the National Cabinet comprising the Prime Minister, State Premiers and Territory Chief Ministers. The National Cabinet has generally been viewed as a success in coordinating and guiding governmental responses to the Coronavirus-COVID-19 pandemic. The presentation will look at the reasons for this outcome, including by considering past intergovernmental governance models, and identify the issues relevant to the National Cabinet continuing to provide a successful mechanism for facilitating a functioning executive federalism.	Michael Kingston Australian Government Solicitor Attorney-General's Department	0.5	Substantive law
12.00pm-1.30pm	Law-Making During COVID-19: The Impact on the Medicare System During this panel session our expert panellists will discuss the ways that rapid legislative changes to billing practices in response to COVID-19 impacted medical practice and consequently patients. Hear from our panellists as they explore the constitutional issues relating to this legislation, deep dive into examples of practical changes to medical services delivery, and explore the government’s current approaches to upholding the integrity of the Medicare scheme through medical practitioner billing compliance initiatives.	Moderator – Karen Keogh Partner HWL Ebsworth Margaret Faux Founder & CEO Synapse Medical Services Bruce Topperwien Executive Officer & General Counsel Professional Services Review Agency Dr Jamie Orchard General Counsel Australian Health Practitioner Regulation Agency	1.5	Substantive law

Time	Topic	Speaker	CPD units	Knowledge Area
12.00pm	Introduction to Day 2	Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
12.00pm-1.00pm	Updates on Procurement Changes and Modern Slavery	Scott Alden Partner Holding Redlich	1	Substantive law
5.30pm-6.30pm	The Issue of Legal Professional Privilege with Respect to Secrecy, Including National Security and Parliamentary and Statutory Inquiries	Bret Walker SC 5th Floor St James’ Hall	1	Substantive law

Time	Topic	Speaker	CPD units	Knowledge Area
12.00pm	Introduction to Day 3	Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
12.00pm-1.00pm	Responding to Operation Prospect - Regulating the Use of Surveillance Devices in NSW The Listening Devices Act 1984 (which was replaced by the Surveillance Devices Act 2007 (SDA)) should have been a bastion of this State’s commitment to privacy, ensuring State use of electronic surveillance only when this is genuinely in the public interest. However, the NSW Ombudsman’s Operation Prospect inquiry identified occasions where the judicial oversight that sits at the heart of the Act had been undermined. In this presentation the State’s first Surveillance Devices Commissioner canvasses the problems identified by Operation Prospect and how these are now being addressed to ensure the integrity of the SDA oversight regime.	Commissioner Don McKenzie Surveillance Devices Commissioner Department of Communities and Justice (NSW)	1	Substantive law
5.30pm-7.00pm	A Changing View of Judging and Justice A Practical Look into the Virtual and Online Courtroom Experience	Chair - The Honourable Justice Steven Rares Judge, Federal Court of Australia President, Australasian Institute of Judicial Administration The Honourable Justice Mark Moshinsky Federal Court of Australia Her Honour Judge Dina Yehia SC District Court of New South Wales Kate Davenport QC Barrister, Bankside Chambers, New Zealand Chris D’Aeth Executive Director & Principal Registrar, Supreme Court of New South Wales	1.5	Professional skills

Time	Topic	Speaker	CPD units	Knowledge Area
10.00am	Introduction to Day 4	Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
10.00am-11.00am	Managing Sensitive Information during Litigation It is common in the course of litigation for sensitive information to be sought from government agencies by compulsory process of the courts. Alternatively, government solicitors may come into the possession of sensitive material obtained in the course of litigation. This presentation considers the process and principles to be considered in seeking to protect such information, with a focus on public interest immunity and protective orders. The professional obligations of legal practitioners when managing such information will also be discussed. The presentation will include an analysis of the recent decision in Prothonotary of the Supreme Court of New South Wales v Smith [2020] NSWSC 769, which concerned a prosecution for a contempt of court arising from the improper disclosure of information obtained during litigation.	Penny Csenderits Director, Community Law Crown Solicitors Office (NSW) Brett Thomson Director, Public Safety and Justice Crown Solicitors Office (NSW)	1	Substantive law
12.00pm-1.00pm	The Future of Government Lawyers Join an interactive discussion on current trends and issues impacting government legal practice from the perspective of both state and federal Public Service Commissions. Topics will include the role of government lawyers, increasing mobility across government, responses to change and the mental health and wellbeing of government solicitors.	Chair – Mel Keenan Manager, Redistribution Secretariat, NSW Electoral Commission Sarah Sandstad General Counsel NSW Public Service Commission Sayuri Grady General Counsel, Legal Services Australian Public Service Commission	1	Practice management & business skills
5.30pm-6.30pm	Government Solicitors Awards Ceremony	Presentation of the John Hennessy Legal Scholarship and the Michelle Crowther PSM Excellence in Government Legal Service Award

Time	Topic	Speaker	CPD units	Knowledge Area
10.00am	Introduction to Day 5	Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
10.00am-11.30am	Review and Reform: Youth Justice in Focus This panel session will delve into case studies exploring key issues in youth justice and children’s law. Join our expert panellists as they examine interagency cooperation, law reform processes and holistic service provision.	Chair – Melinda Graczol Deputy Solicitor Office of the Director of Public Prosecutions (NSW) Aaron Tang Senior Lawyer, Children’s Legal Service Legal Aid NSW Keisha Hopgood Managing Solicitor, Children’s Criminal Practice Aboriginal Legal Service Paul O'Reilly Executive Director, Youth Justice NSW	1.5	Substantive law
12.00pm-1.00pm	Sports-rorts and Ministerial Powers In this paper Professor Anne Twomey will address whether the Commonwealth has the constitutional power to support a program for conferring grants on community sporting bodies, taking into account the Williams cases and the Commonwealth’s legislative response. She will also address the other constraints upon Commonwealth ministerial powers with respect to grants, including legislation, administrative law obligations regarding decision-making and the application of ministerial standards of conduct. Finally, she will address the means of scrutinising ministerial actions and the gaps in the scrutiny system.	Professor Anne Twomey Professor of Constitutional Law The University of Sydney	1	Ethics and professional responsibility

GOVERNMENT SOLICITORS WEEK PROGRAM

Time	Details	CPD units	Knowledge Area
10.00am	Official Welcome Master of Ceremonies – Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW) Richard Harvey President Law Society of New South Wales Ronan MacSweeney Deputy General Counsel – Construction & Projects, Transport for NSW Chair, Government Solicitors Committee
10.00am-10.30am	Executive Federalism This presentation will consider the current state of executive federalism in Australia in the context of the development and continuation of the National Cabinet comprising the Prime Minister, State Premiers and Territory Chief Ministers. The National Cabinet has generally been viewed as a success in coordinating and guiding governmental responses to the Coronavirus-COVID-19 pandemic. The presentation will look at the reasons for this outcome, including by considering past intergovernmental governance models, and identify the issues relevant to the National Cabinet continuing to provide a successful mechanism for facilitating a functioning executive federalism. Michael Kingston Australian Government Solicitor Attorney-General's Department	0.5	Substantive law
12.00pm-1.30pm	Law-Making During COVID-19: The Impact on the Medicare System During this panel session our expert panellists will discuss the ways that rapid legislative changes to billing practices in response to COVID-19 impacted medical practice and consequently patients. Hear from our panellists as they explore the constitutional issues relating to this legislation, deep dive into examples of practical changes to medical services delivery, and explore the government’s current approaches to upholding the integrity of the Medicare scheme through medical practitioner billing compliance initiatives.	1.5	Substantive law

Time	Details	CPD units	Knowledge Area
12.00pm	Introduction to Day 2 Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
12.00pm-1.00pm	Updates on Procurement Changes and Modern Slavery Scott Alden Partner Holding Redlich	1	Substantive law
5.30pm-6.30pm	The Issue of Legal Professional Privilege with Respect to Secrecy, Including National Security and Parliamentary and Statutory Inquiries Bret Walker SC 5th Floor St James’ Hall	1	Substantive law

Time	Details	CPD units	Knowledge Area
12.00pm	Introduction to Day 3 Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
12.00pm-1.00pm	Responding to Operation Prospect - Regulating the Use of Surveillance Devices in NSW The Listening Devices Act 1984 (which was replaced by the Surveillance Devices Act 2007 (SDA)) should have been a bastion of this State’s commitment to privacy, ensuring State use of electronic surveillance only when this is genuinely in the public interest. However, the NSW Ombudsman’s Operation Prospect inquiry identified occasions where the judicial oversight that sits at the heart of the Act had been undermined. In this presentation the State’s first Surveillance Devices Commissioner canvasses the problems identified by Operation Prospect and how these are now being addressed to ensure the integrity of the SDA oversight regime. Commissioner Don McKenzie Surveillance Devices Commissioner Department of Communities and Justice (NSW)	1	Substantive law
5.30pm-7.00pm	A Changing View of Judging and Justice A Practical Look into the Virtual and Online Courtroom Experience The Honourable Justice Steven Rares Judge, Federal Court of Australia President, Australasian Institute of Judicial Administration The Honourable Justice Mark Moshinsky Judge, Federal Court of Australia Her Honour Judge Dina Yehia SC District Court of New South Wales Kate Davenport QC Barrister, Bankside Chambers, New Zealand Chris D’Aeth Executive Director & Principal Registrar, Supreme Court of New South Wales	1.5	Professional skills

Time	Details	CPD units	Knowledge Area
10.00am	Introduction to Day 4 Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
10.00am-11.00am	Managing Sensitive Information during Litigation It is common in the course of litigation for sensitive information to be sought from government agencies by compulsory process of the courts. Alternatively, government solicitors may come into the possession of sensitive material obtained in the course of litigation. This presentation considers the process and principles to be considered in seeking to protect such information, with a focus on public interest immunity and protective orders. The professional obligations of legal practitioners when managing such information will also be discussed. The presentation will include an analysis of the recent decision in Prothonotary of the Supreme Court of New South Wales v Smith [2020] NSWSC 769, which concerned a prosecution for a contempt of court arising from the improper disclosure of information obtained during litigation. Penny Csenderits Director, Community Law Crown Solicitors Office (NSW) Brett Thomson Special Counsel, Criminal Law Crown Solicitors Office (NSW)	1	Substantive law
12.00pm-1.00pm	The Future of Government Lawyers Join an interactive discussion on current trends and issues impacting government legal practice from the perspective of both state and federal Public Service Commissions. Topics will include the role of government lawyers, increasing mobility across government, responses to change and the mental health and wellbeing of government solicitors. Chair – Mel Keenan Manager, Redistribution Secretariat, NSW Electoral Commission Sarah Sandstad General Counsel NSW Public Service Commission Sayuri Grady General Counsel, Legal Services Australian Public Service Commission	1	Practice management & business skills
5.30pm-6.30pm	Government Solicitors Awards Ceremony Presentation of the John Hennessy Legal Scholarship and the Michelle Crowther PSM Excellence in Government Legal Service Award

Time	Details	CPD units	Knowledge Area
10.00am	Introduction to Day 5 Master of Ceremonies - Angus Abadee Director, Building and Construction Policy Department of Customer Service (NSW)
10.00am-11.30am	Review and Reform: Youth Justice in Focus This panel session will delve into case studies exploring key issues in youth justice and children’s law. Join our expert panellists as they examine interagency cooperation, law reform processes and holistic service provision. Chair – Melinda Graczol Deputy Solicitor Office of the Director of Public Prosecutions (NSW) Aaron Tang Senior Lawyer, Children’s Legal Service Legal Aid NSW Keisha Hopgood Managing Solicitor, Children’s Criminal Practice Aboriginal Legal Service Paul O'Reilly Executive Director, Youth Justice NSW	1.5	Substantive law
12.00pm-1.00pm	Sports-rorts and Ministerial Powers In this paper Professor Anne Twomey will address whether the Commonwealth has the constitutional power to support a program for conferring grants on community sporting bodies, taking into account the Williams cases and the Commonwealth’s legislative response. She will also address the other constraints upon Commonwealth ministerial powers with respect to grants, including legislation, administrative law obligations regarding decision-making and the application of ministerial standards of conduct. Finally, she will address the means of scrutinising ministerial actions and the gaps in the scrutiny system. Professor Anne Twomey Professor of Constitutional Law The University of Sydney	0.5	Ethics and professional responsibility

Disclaimer The presence of any guest speakers at the Law Society’s Government Solicitors Week does not imply endorsement of the views and opinions expressed by all guest speakers. The views and opinions expressed by the guest speakers do not necessarily reflect the views or position of the Law Society. The Law Society does not represent or endorse the accuracy or reliability of any views, opinion, advice, statement, or other information provided by any guest speaker. The Law Society shall not be liable to any person for any inaccuracy, error or omission contained in any statement made or information provided by any guest speaker.

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