PRESIDENT'S REPORT

President, The Law Society of Western Australia

Welcome to the April edition of brief.

Thank you to our CPD speakers, Chairs and Attendees

It was another extremely busy CPD year for the Law Society, with over 13,400 total attendances at our seminars across all platforms and I would like to take this opportunity to sincerely thank all our speakers and chairs for generously giving their time and expertise. It is the substantial contribution of our presenters and chairs that enables the Law Society to provide topical and high-quality seminars spanning across all areas of law to the Western Australian legal profession.

We look forward to continuing to provide the opportunity for practitioners to extend their knowledge and skills in the new 2023/2024 CPD Year.

Remember CPD Freedom is included in your membership and it gives you access to quality CPD seminars at no cost, when you renew each year by 31 July. Information on this year’s membership renewal process will be provided to all members beginning in May. *Terms, Conditions and Exclusions apply

The Unlawful Detention of Juveniles in WA

The Law Society has and continues to raise its concerns in relation to the manner in which the McGowan government and the Department of Justice are managing children and young people in detention centres at Banksia Hill and Unit 18, Casuarina by unlawfully:

• implementing ‘rolling lockdowns’ when no confinement order exists, resulting in the solitary confinement of detainees in their cell for more than 20 hours a day across the whole or much of the centre(s);

• making confinement orders because of staff shortages under the guise of the Young Offenders

Act 1994 and the Young Offenders Regulations 1995; and

• using Behavioural Management policies, procedures and programs, that allow for the solitary confinement of detainees, and which circumvent and breach express provisions in the Act and Regulations on confinement.

In March, the Law Society wrote an open letter to the media and the leaders of the opposition parties in relation to these concerns, including an opinion piece (which was later published on Thursday, 3 April in The West Australian) and the article "The Unlawful Management of Banksia Hill and Unit 18, Casuarina Detention Centres" prepared by the Hon Denis Reynolds CitWA, former President of the Children's Court of Western Australia, which you can read on page 10.

Voice to Parliament

Law Society members will be aware that the Prime Minister announced on 23 March 2023 the question and proposed Constitutional amendment to establish a Voice to Parliament that will be put to Australian voters at the referendum later this year.

The Law Council of Australia’s (LCA) 2017 position is one full and unqualified support for the recommendations of the Referendum Council for a referendum to be held, to provide in the Australian Constitution for a representative body that gives Aboriginal and Torres Strait Islander First Nations a Voice to the Commonwealth Parliament, recognising the special status of Aboriginal and Torres Strait Islander peoples as the first peoples of Australia. The LCA has not adopted a position on a “Yes” or “No” vote.

Their position was reaffirmed in a recent media release

To assist the Law Societies, Bar Associations, staff and members, the LCA has prepared a Guide to the legal profession on the referendum for an Aboriginal and Torres Strait Islander Voice (the Guide) and relevant Appendix. The Guide is intended to be a ‘working document’, which may require future amendment over time. It is intended that the Guide can be used to inform:

• a common understanding of the historical context which led to the referendum and the legal issues arising from the referendum; and

• a advocacy and public comment, which give effect to the Law Council’s established position in support of a Constitutionally enshrined Voice.

The Law Society provided the Guide and Appendix to its members in Friday Facts of 21 April 2023.

100faces100yearsWA Photography Campaign

2023 celebrates 100 years since women won legislative change, removing barriers to their right to be admitted and to practise law in Western Australia. The First 100 Years project started in England, to celebrate the 2019 centenary of women practising law in that jurisdiction.

In recognition of the broader passing of the one hundred year mark across Australia, and specifically for Western Australia in 2023, the Law Society of Western Australia and Women Lawyers of Western Australia are collaborating to promote the first 100 years and the importance of women’s contribution to the practice of law.

Our joint #100faces100yearsWA Photography Campaign aims to create an inclusive snapshot of the current faces of women in law in Western Australia and we are inviting all female lawyers to join the campaign by having their portrait image included. To be part of the special centenary celebrations, please email membership@lawsocietywa.asn.au to have your photo included in the #100faces100yearsyearsWA photo gallery. It will be presented on a special website page to celebrate this important milestone.

The campaign was launched on International Women’s Day (8 March

2023) on social media, and we will also be celebrating the 100 years milestone at the Long Table Lunch Live in Law Week at Frasers, Koorta Koomba (Kings Park) on Friday, 19 May. Book online here

Law Week 2023

Every year Law Week brings an opportunity to connect the legal profession and the broader community to build a shared understanding of the law. This year’s programme again promises to be an exciting one, with events for both the profession and the community from Monday, 15 May to Friday, 19 May –mark your diaries!

Law Week showcases the important services provided by lawyers which benefit the wider community. Throughout Western Australia you will find lawyers using their skills to help others in a wide range of ways, with many of these providing free education for the community during Law Week.

The Law Society is hosting a number of great events, including a Law Week Book Club Forum – How Many More Women? by Jennifer Robinson & Keina Yoshida on Monday, 15 May, the popular Law Access Walk for Justice will take place on Tuesday, 16 May and a special exhibition at the Old Court House Law Museum called Audrey Jacob: Trial by Public Perception. The Law Society’s Young Lawyers Committee is hosting a free panel event on Thursday, 18 May.

Please visit lawsocietywa.asn.au/ law-week/#law-week-events for details of the major events taking place.

Country Lawyers CPD Day

Country lawyers, more than most, understand the isolating impact of distance that make it difficult to get together as a profession, to share collegiality and support, and to learn from each other through tailored Continuing Professional Development initiatives.

I encourage country practitioners to save the date for our Law Week

Special CPD Day for Rural, Regional and Remote Legal Practitioners on Friday, 19 May 2023. Please click here for information. This CPD Day is FREE to Law Society Country Members with CPD Freedom and is heavily discounted for Country Members and Non-member Country Practitioners. (Conditions apply.)

Law Access

Law Access Ltd provides a valuable service by matching applications for legal help from vulnerable and financially disadvantaged members of the community to lawyers and legal firms willing to provide their services free of charge.

Law Society members agreed at the Annual General Meeting to provide an additional $20,000 cash support to Law Access Ltd. This brings the total funds paid to Law Access Ltd by the Law Society on behalf of its members to $40,000 this financial year. This significant contribution is in addition to a range of services provided to Law Access at no cost by the Law Society.

As the demand for legal assistance for those experiencing financial difficulties continues to increase, long-term and substantive funding increases are important to ensure access to justice for the vulnerable and disadvantaged members of our community. Your valued membership allows the Law Society to provide this ongoing support to Law Access Ltd.

Committee Update

Our committees continue to contribute to and comment on many consultations and policy matters including making submissions to:

• The Law Council of Australia on a federal judicial commission;

• The West Australian Police Force on the statutory review of the Mandatory Testing (Infectious Diseases) Act 2014; and

• The Legal Costs Committee on the review of non-contentious business determinations.

In addition to the above:

• The Law Society has established a working group to prepare an advocacy strategy to lobby government on the solicitor remuneration rate for legal aid/ legal assistance work.

• The 2023 Family Law Specialist Accreditation programme is underway with two information sessions having been completed, and mock file, written examination and simulated client interview taking place in June/July 2023.

Judicial Appointments

The Law Society congratulates:

• The Honourable Justice Debra Mortimer on her appointment as the new Chief Justice of the Federal Court of Australia. Justice Mortimer is the first female Chief Justice since the Federal Court was established in 1976.

• Fiona Seaward SC, who is a member of the Law Society, on her appointment as a Judge of the Supreme Court of Western Australia.

• Mark Ritter SC on his appointment as a Judge of the District Court of Western Australia.

• Melita Medcalf, who is Law Society member and former Country Member on the Law Society’s Council, on her appointment as a Magistrate of the Magistrates Court of Western Australia.

• Mr Steven Jones SC on his appointment as a judge of the Federal Circuit and Family Court of Australia (Division 1) and the Family Court of Western Australia.

LawCare WA

Balancing work and life can be challenging, and I would like to remind you that your membership of the Law Society provides complimentary access to LawCare WA, a valuable, free, and confidential, support programme to assist you. See the back page of Brief or visit lawsocietywa.asn.au/ lawcarewa for more information and to access these resources.