Council Handbook 2024-2025 by taslawsociety

October 2023

Law Society of Tasmania

Council Handbook

This handbook includes:

• An overview of the Society

• Role of the: President; Vice-President; Immediate Past President

• List of current Council members and their contact details

• Schedule of Council and Committee meetings

• The Society’s Strategic Plan

• The Society’s Committee Charter

• List of current Committee members, chairs and their contact details

• Practice Guidelines

• Policies

• Annual Report

• Law Society By-Laws 2023

• Profile of the Profession

An Overview of the Society

Introduction

The purpose of this handbook is to provide Council Members with information to facilitate their participation in Council meetings and the activities of the Society in general. All Council Members will receive a hard copy of this handbook prior to their first meeting and ‘insert updates’ (requested by them) at any time.

The Law Society By-Laws 2023 deal with Society membership types and rights, annual general meetings, nomination, election and resignation or removal of Councillors / Council members, the Executive Committee of Council, meetings, and some financial matters including the duties of the treasurer.

Not included with this handbook are several other important documents that Councillors will be required to refer to from time to time: the Legal Profession Act 2007, the Legal Profession Regulations 2018 and the Rules of Practice 1994

You should particularly be familiar with the following parts of the Act:

• Part 2.3 – Legal Practice by Australian Legal Practitioners;

• Part 2.4 – Inter-jurisdictional Provisions Regarding Admission and Practising Certificates;

• Part 2.5 – Incorporated Legal Practices and Multi-disciplinary Partnerships;

• Chapter 5 – External Intervention;

• Chapter 6 – Investigatory Powers; and

• Chapter 7 – Regulatory Authorities, in particular:

o Part 7.4 – The Law Society of Tasmania;

o Part 7.5 –The Council of the Law Society; and

o Part 8.2 – General.

Functions of the Society

Legal Profession Act 2007, s620

The Society has the following functions:

(a) the promotion and representation of the legal profession; (b) the promotion of law reform;

Objects of the Society

Law Society By-Laws 2023, by-law 4

The objects of the Society are -

(a) to represent generally the views of the legal profession; and (b) to maintain the integrity of the legal profession; and (c) to suppress dishonourable conduct within the legal profession; and (d) to promote the maintenance, and just reform, of the law; and (e) to promote the education and training of the legal profession; and (f) to provide for the settlement of professional disputes; and (g) to deal with any matter affecting the professional interest of practitioners; and

(h) to encourage and promote the study of law; and (i) to promote the efficient practice of the law; and (j) to perform the statutory functions of the Society; and (k) to form and maintain law libraries; and

(l) to acquire any rights, or privileges, which the Society considers necessary for promoting the interests of the legal profession; and (m) to promote or provide, in schools and in the community, education on the law and the legal system; and

(n) to communicate information on the law and on matters related to the law; and (o) to publish, or subsidise the publication of, materials in connection with the objects of the Society; and (p) to do such things as are necessary, or reasonable, for the purpose of attaining these objects.

Council

Council is made up of 16 members, being 5 Full Members, each of whom has their principal place of practice in the Northern Region; 3 Full Members, each of whom has their principal place of practice in the North-Western Region; and 8 Full Members, each of whom has their principal place of practice in the Southern Region. Any retiring member of the Council may be re-elected.

Full contact details of all current Council members are included in this handbook.

The management and control of the Society is vested in the Council (s622). Council’s powers are set out in the Legal Profession Act 2007. This includes the power to make by-laws (s627).

Council as the Prescribed Authority

The Society is the Prescribed Authority for all but a handful of purposes under the Act. It is as the Prescribed Authority that it issues practising certificates and has regulatory oversight of firm trust accounts

Finances

The major source of funding of the Society is practising certificate fees. Other sources include CPD income, interest, sponsorship and rent of the upper floors of the Society’s Hobart premises.

The Society is a not-for-profit organisation. Generally speaking, it seeks to operate a break even budget each year.

Assets

The Society owns the premises at 28 Murray Street in Hobart and Staffordshire House in Launceston. It has not insignificant cash reserves, which are invested to provide a return of interest.

For further information please refer to the Council’s Annual Reports (available on the Society website; a copy of the most recent Annual Report can be found in this Council Handbook).

Facilities and Administrative Support at the Society

The Society facilities comprise its Hobart and Launceston buildings (the latter, Staffordshire House, is staffed part-time by Librarian, Bronwyn King). Rooms are

provided to members free of charge on request (subject to availability) to conduct meetings (including client meetings) and events. Australian standard compliant disabled access is available at the Hobart offices. Room bookings (Launceston and Hobart) should be made by phoning the Society’s Hobart office on (03) 6234 4133.

Council members (in association with their duties) are provided with administrative support by the Society. This includes typing and photocopying services.

The Society will prepare routine correspondence at the request of the Council however attending administrative executive (Executive Director and/or Deputy Executive Director) are not to be considered a research officer for Council or its committees; Whilst strategic and operational guidance is often provided to Council and its committees on policy and other matters, the Council administrators / Law Society executive staff are not to be expected to draft original documents such as submissions, articles and policies.

Light catering is supplied at all Hobart Council meetings and a thank you dinner is provided annually by the Society to its Council members in Hobart on the night of the AGM. Annual regional Council meetings (once per region in the north and north-west of the State) are held on Saturdays and are preceded by ‘President’s Drinks’ and dinners, which are also wholly subsidised by the Society to Council members

Society Staff

Upon appointment Council members are encouraged to visit the Society to introduce themselves to the Society’s staff.

Luke Rheinberger

Francesca Beattie

Amal Cutler

Shelley Riseley

John Zuleta

Shelley Harwood

Amanda Wesley

Naomi Richards

Eileen Webb

Bronwyn King

Executive Director

Deputy Executive Director

Professional Development Officer

Executive Assistant

Office and Accounts Administrator

Membership, Publications and Website Administrator

Administrative Assistant

Pro Bono service (from Australian Government Solicitor’s Office, Director; provided by Federal Attorney-General’s Department)

Librarian and General Administrative - Launceston

Council Agenda

Commonly considered by Council:

• Matters related to property and broader financial positioning of the Society.

• Activities of the Society and member services and benefits.

• Applications for practising certificates and practising certificate renewals.

• Issues affecting individual practices and compliance with rules and regulations relating to practice; external intervention as required.

• Policy and law reform issues affecting the profession and/or relevant to the rule of law.

• Law Council of Australia updates.

• Practice Guidelines and audits.

• General governance, strategic planning.

• Committee establishment and oversight (refer to Role of Council, Committees Charter, included in this kit); appointment of committee members and chairs.

Agenda and papers are provided to Council Members approximately one week prior to each meeting in electronic format (unless a hard copy is specifically requested, in which case a copy will be mailed to the requesting Council Member).

Copies of previous agendas and minutes will be emailed to new Council members upon request.

Conflicts of Interest

Any conflicts of interest or potential conflicts of interest should be declared at the beginning of a meeting or immediately prior to the relevant agenda item. Council members should not hesitate to discuss matters of conflict or potential conflict with the Executive Director or President prior to a Council meeting.

Attendance at and Participation in Meetings

There are approximately eight meetings with four face-to-face meetings of Council each Council year. These are: the first meeting of new Council (October); the annual meetings held in the north and north-west of the State and the meeting held to coincide with the opening of the legal year. It is expected that all Council members attend these meeting in person. All other meetings may be attended in person, by videolink or by telephone.

On occasion, Council is asked to consider resolutions out of session.

It is necessary that each member take the time to familiarise themselves with the Council papers ahead of meetings. Some matters come back before Council and may have been the subject of past discussion and debate. Some matters are complex and require a detailed understanding of the subject matter in order to meaningfully engage in discussion. You are encouraged to contact other Council members, the Executive Director or the Deputy Executive Director to discuss matters in the papers ahead of the meetings.

Meetings of Council sometimes involve a robust discussion of the items on the agenda and Council members are encouraged to voice their views in a respectful way, mindful of the need to pay regard to the views of others.

Council Delegations

The following delegations are routinely made at the first meeting of Council each October.

Executive Committee

“That the Council delegate to the Executive Committee the exercise of all of the Council’s powers other than the power of delegation”.

Law Society Accounts

“That the Council delegate the operation of the Society’s bank accounts, including the signing of cheques to any two members of the Executive Committee or any one member of the Executive Committee and the Executive Director”.

Practising Certificates

“That the Council delegate to the Executive Director the power to issue practising certificates subject to limiting the power to approve practising certificate applications:

▪ which are renewals of currently held practising certificates and/or grants of employee certificates, corporate practising certificates or community legal centre volunteer certificates

▪ where there are no outstanding conduct complaints and, if there has been a show cause event previously notified by the practitioner, it is not the subject of on-going consideration by the Council.”

Executive Director

The Executive Director is employed pursuant to Legal Profession Act 2007, s629. That section also authorises the employment of such other persons as Council deems necessary.

Although all powers other than the power of delegation are delegated to the Executive Committee, in practice the Council determines all matters of policy, as well as the rights of members. Matters dealt with by the Executive Committee and/or Executive Director include the day-to-day management of the affairs of the Society, the implementation of Council policy, the issuing of (non-complex) practising certificates and oversight of compliance with the trust accounting provisions of the Act.

Council Working Groups

Council creates working groups from time to time to consider particular issues and report back to Council. Example working groups: Finance; Governance; Government Relations; and Recruitment and Retention Policy.

Protection from Liability

Legal Profession Act 2007, s632; see also s656

(1) An action does not lie against a member of the Council or employee of the Law Society for any act or omission by the member of the Council or employee of the Law Society, in good faith and in the performance or purported performance of functions, or in the exercise or purported exercise of powers, under this Act.

(2) A liability that would, but for subsection (1), attach to a member of the Council, or an employee of the Law Society, attaches to the Law Society.

Nominations and Election

Council members are elected for a two-year term. There is a half Council election annually. If there are more nominations than the required number of candidates, an election is conducted by ballot. See further: Law Society By-Laws 2023, by-law 28.

Vacancies

From time-to-time vacancies occur (see below). Council appoints a Full Member to that vacancy pursuant to by-law 25(2). Council will generally seek the advice of the members of the region of the member who has vacated and may call for expressions of interest.

Resignation

Law Society By-Laws 2023, by-law 23

A member of the Council may resign by notice in writing to the Executive Director.

Vacation of office

Law Society By-Laws 2023, by-law 25

(1) A member of the Council vacates office if:

(a) that member ceases to be a member of the Society; or

(b) that member is bankrupt; or

(d) that member resigns; or

(e) that member fails to attend 3 consecutive meetings of the Council without the permission of the Council; or

(f) that member's office is declared vacant by resolution under [the] by-laws.

(2) If a casual vacancy occurs in the Council, the Council is to appoint a Full Member to that vacancy.

(3) The Council need not appoint a member to a casual vacancy if the vacancy occurs within a month of an Annual General Meeting of the Society.

(4) If a member is appointed to a casual vacancy in the membership of the Council under subclause (2) -

(a) that member (the temporary appointee) holds office until the next annual general meeting of the Society; and

(b) at that annual general meeting –

(i) if the term of the member of the Council who vacated the office would have expired at that annual general meeting, an election for that office is to be held in accordance with Division 2; or

(ii) if the term of the member of the Council who vacated the office would not have expired at that annual general meeting, an election for that office is

to be held in accordance with Division 2 to appoint a member to hold the office until the following annual general meeting.

Elected Officers

Law Society By-Laws 2023, by-law 22

The President, Vice-President and Treasurer are to be elected by the Council from within its own members at its first meeting after the Annual General Meeting of the Society and continue in office until the election of their successors.

A retiring president may not be re-elected if they have held office continuously for the preceding 3 years.

For duties of elected officers, see below.

Executive Committee

The Executive Committee consists of the President, Vice President, Treasurer and those members of Council appointed by it (by-law 33). For reasons of good governance, it is the current convention of the Society that Council endorses the Executive Committee chosen by the President.

The Executive Committee does its business largely by email with formal meetings being called when necessary

The business of the Executive Committee is largely taken up with regulatory matters such as the issuing of practising certificates and any other matters that are of a nature that cannot be held over to the next meeting of Council. Occasionally the Executive Committee is required to deal with matters of an urgent nature such as the appointment of a manager to a practice.

Honorariums

Executive Committee members receive honorariums the quantum of which is determined by the office they hold within the Executive Committee.

As at 2023-2024 these are as follows:

• President: $84,012

• Vice-President: $13,491

• Treasurer: $13,491

• Other Executive Committee Members: $ 4,001

Other than Executive Committee members, no member of Council receives directly or indirectly any fees, bonuses or other remuneration for services provided to the Society.

Reimbursement of Expenses

Council members are eligible for reimbursement of reasonable meal, accommodation and travel expenses incurred on Council business. Please contact the Executive Director for further information should you wish to claim these expenses.

Other sections of interest

Legal Profession Act 2007:

• Obligation of Confidentiality – sections 646, 647, 648, 655; and

• Duty to report to Board when become aware of a matter that may give rise to disciplinary action – section 653

Role, Responsibilities and Conduct of Council and Council Members

Whilst this will be a topic covered during the Council induction at Council’s first meeting, it is only minimally covered by the Society’s written rules and regulationssee for example Council Functions and Powers, Legal Profession Act 2007, s622

Note: A Charter was introduced for the Society’s committees (a copy can be found in this handbook). This Charter does contain a section on Council’s role, in a committee context only.

Role, Responsibilities and Conduct of Elected Officers

Currently, the Treasurer’s duties only are referred to in the by-laws. These are defined under Part 7, Finance, of by-law 40

The roles and duties of other officer’s, including those of the President and VicePresident are currently policy-based and are discussed in the Council induction session (October each year). Included in this Council Handbook are the following:

• Role of the President

• Role of the Vice-President

• Role of the Immediate Past President

Other Useful Information

Society Committees

The Society has a number of committees established as a source of expert advice to Council and to assist the Society to accomplish policy, regulatory and functional responsibilities. Committees inform Council on policy directions, develop guidance materials and submissions on legislative and policy initiatives, and support the strategic objectives of Council.

Membership of a committee is a voluntary and honorary role which is to bring necessary skills and knowledge to the committee. Committees have an important role and the way in which they perform is integral to Council’s decision making and the performance of the Society as a whole. Members’ participation is critical to the success of committees.

Committees members are appointed annually in accordance with the Committees Charter and typically fall into one of two categories:

1. Governance and regulatory; and

2. Legal policy, advisory and functional (standing and ad hoc committees).

Committees provide a forum for members to participate in the life of the Society and an opportunity to be involved in the initiation of professional development and other

opportunities for the broader Tasmanian legal profession. Committee members gain professionally and personally from collegial contacts, and future Society leaders often emerge through involvement in the committee system.

Members are encouraged to contact the committees through the Chair to convey practical concerns and questions or to provide feedback on specific areas of legislative and policy reform.

Committee members are also listed and acknowledged for their positions and contributions via the Society’s website. At the end of each Committee Year, (this commenced Committee Year 2014/2015), the Society presents an honorary Outstanding Committee Award, further details of which can be obtained from the Society.

For more information on committee processes and member responsibilities, Council members are encouraged to read the Society’s Committee Charter a copy of which can be found in this handbook

To assist with ‘communication flow’ the Council aspires towards having at least one Council member seated in each of the Committees. If you have not considered joining a committee relevant to your area of practice, you are encouraged to do so.

Solicitors Guarantee Fund/Solicitors Trust

The Solicitors Trust is an independent body whose function is to administer the Solicitors Guarantee Fund. The Trust is made up of three members, two of whom are nominated by the Society.

The major purposes of the Fund are to compensate claimants who are the subject of defaults by law practises. That is, a failure to pay or deliver trust money or trust property where the failure arises from an act of dishonesty and to pay the costs of the Legal Profession Board.

The Fund is made up of interest earned on trust accounts and income earned on moneys deposited by firms into trust deposit accounts.

The Fund is required to be maintained at a certain level. The Attorney-General may call for applications for grants to be paid from moneys in excess of that level.

Professional Indemnity Insurance

The Society arranges PII on behalf of all practitioners in firms. With the assistance of its broker, it negotiates a contract of insurance each year. It collects a share of the total PII premium from each practitioner and remits it to the insurer.

The Society retains Fleur Dewhurst to provide claims management services to the profession.

Law Foundation

The Law Foundation makes grants for law related projects which are in accordance with the Foundation’s objects which include:

(1) The principal object of the Foundation is to advance the development of, access to and administration of a fair and equitable justice system in Tasmania for the benefit of the general public.

(2) The other objects of the Foundation are:

(a) to fund or otherwise advance, or undertake legal research which is likely to promote the principal object, or the maintenance and just reform of the law in Tasmania;

(b) to fund or otherwise advance education which is likely to promote the principal object including community legal education and legal education in schools in Tasmania;

(c) to fund or otherwise promote the study of law in Universities, the practical legal training of law graduates, and the education and training of Australian legal practitioners and employees of law practices in Tasmania;

(d) to fund, purchase, establish, maintain and improve law libraries in Tasmania in order to promote the principal object;

(e) to publish or fund the publication of materials related to the law in Tasmania or connected with the objects of the Foundation;

(f) to fund or otherwise advance legal aid or pro-bono legal services in Tasmania;

(g) to establish and maintain a public fund to promote the objects of the Foundation;

(h) to do anything incidental or conducive to carrying out the objects of the Foundation.

The Law Foundation is an incorporated association. There are six members:

• The President of The Law Society of Tasmania (Chair);

• The Vice-President and another nominee of The Law Society of Tasmania;

• The immediate past President of The Law Society of Tasmania;

• the President or nominee of the Tasmanian Bar Inc;

• the Chairman of the Solicitors’ Trust;

• two nominees of the Attorney-General.

Centre for Legal Studies

The CLS is a private company jointly owned by the Society and the University of Tasmania. It provides practical legal training to law graduates.

Nominations and Appointments

The Society is responsible for the nomination for appointment to a large number of organisations. In most cases the Society calls for expressions of interest from the profession to fill a vacancy.

If you have any questions or require further information that is not provided in this Handbook’s overview, please contact the Executive Director.

Role of the:

President

Vice-President

Immediate Past President

Role of the President

The Law Society of Tasmania's President is an elected member of Council in accordance with by-law 35 of the Society's By-laws 1994.

Term

The President traditionally holds the office for a term of one year, after which it is customary for the Vice-President to assume the role of President. The progression of Vice-President to President is not prescribed by the by-laws but rather a matter of good governance adopted by the Society to ensure continuity, retention of corporate knowledge and the opportunity for the Vice-President to be mentored by the President during the Presidential term.

The President, Vice-President and Treasurer are all members of the Executive Committee of the Council (by-law 33).

Purpose and Duties

The President is the public face and primary spokesperson of The Law Society of Tasmania and applies extensive industry knowledge and advocacy skills in influencing and achieving desirable outcomes for members and advocating on matters arising from the core values of the Society.

Through regular engagement with members, industry representatives, justice stakeholders, governmental bodies and elected representatives at the federal and state level, the President's role provides a voice to the core values of the Society and its members.

The duties of the President arise from the position as a duly elected office-bearer of the Society with responsibility for presiding over the official business of Council. The President's role is more fully detailed below.

Council and Committees

The President leads the Council and works closely with the CEO (Executive Director) and the Vice-President in furtherance of the Society's vision and purpose. Further duties include:

• Chairing Council and Council Executive Committee meetings

• Chairing meetings of the Law Foundation of Tasmania

• Leading the Council in setting the strategic direction of the Society and ensuring that activities, policies and projects align with the Society's strategic direction

• Setting the Council agenda, in conjunction with the CEO

• Facilitating the flow of information and discussion in Council meetings and ensuring meetings are conducted in an orderly, efficient and respectful manner

• Ensuring Council operates effectively and in accordance with its strategic plan

• Facilitating the engagement of Councillors in the Council's business and activities with a view to professionally developing individual Councillors towards their full potential

• Establishing and maintaining a strong working relationship with the CEO and between the CEO and Council

• Acting as counsellor and adviser to the CEO and to other Councillors

• Assisting Councillors meet their full potential as members of Council, to identify leadership qualities and foster those for the purpose of identifying potential future presidents of the Society

• Bringing into the Executive of the Council potential future leaders of the Society

• Chairing the Society's Annual General Meeting

Stakeholder Engagement

The President is expected to deliver effective leadership maintaining meaningful engagement with the members of the Society and other key stakeholders. The President will develop, foster and utilise relationships with key stakeholders to achieve positive outcomes for its members, the rule of law and the Society's core values. The President should prepare and develop a stakeholder engagement and communication strategy and be in a position to articulate that to Council upon assuming the role. Stakeholder engagement includes:

• Engaging, liaising with and reporting to members

• Promoting the interests of the Society and its members

• Liaising with relevant government departments, ministers, members of parliament at both the state and federal level

• Liaising with and maintaining an effective working relationship with the AttorneyGeneral, the Secretary of the Department of Justice, the opposition, the Shadow Attorney and the Legal Profession Board

• Liaising with legal assistance sector stakeholders such as the Legal Aid Commission and community legal centres

• Maintaining an effective and continuing relationship with the Centre for Legal Studies, the Law School and its Dean

• Liaising with and maintaining an effective working relationship with heads of jurisdiction and the judiciary, both state and federal

• Being conversant with the business of the Society, its priorities, past statements of policy and Council-approved policy positions

Representational Role

The President is the primary spokesperson for the Society. These duties include:

• Representing the Society as the primary spokesperson in media and in communications with government and stakeholders, as well as making official public statements of policy on behalf of the Society

• Representing the Society before parliament and engaging with elected representatives to provide accurate and timely advice on the law and the Society's position with respect to bills before either house

• Ensure the accuracy, quality and efficacy of submissions prepared on behalf of the Society, both written and oral

• Hosting intrastate, interstate, national and international legal dignitaries including representatives of the Law Council of Australia and members of the judiciary

• Representing the Society at events including

o The Annual General Meeting

o The opening of the legal year

o Swearing-in and farewell ceremonies for members of the judiciary and magistracy

o Functions to which the Society has been invited which align with its core values and those of its members

o Functions at which the Attorney-General is a guest to which the Society has also been invited

• Representing the Society at the President's Meeting and Conference of Law Societies Meeting (COLS) and engaging meaningfully in those meetings

President's time commitment

The role of President requires a substantial time commitment in developing and advancing the agenda of the Society. It requires travel intrastate to ensure a presidential presence in each area of the State as well as interstate travel to ensure engagement at the national level. The President holds the position as a part-time position and is not expected to relinquish their usual position of employment for their term.

Honorarium

In recognition of the time and work commitments, the President is provided an annual honorarium. The amount of the honorarium is at the discretion of Council and is periodically determined by Council.

In addition, the President is entitled to travel, accommodation, incidental and reasonable entertainment expenses when they are incurred in the conduct of the Society's business.

Role of the Vice-President

The Law Society of Tasmania's Vice-President is an elected member of Council in accordance with by-law 22 of the Society's By-Laws 1994

Term

The Vice-President holds office for a term of one year after which it is anticipated that the Vice-President will assume the role of President upon election by the Council of the Society. The Vice-President supports the President in the discharge of their duties. In the event of a vacancy in the office of the President during the President's term, the Vice-President fills the office of President pursuant to the Society's ByLaws.

The President, Vice-President and Treasurer are all members of the Executive Committee of the Council.

Purpose and Duties

The duties of the Vice-President arise from their position as a duly elected officebearer of the Society and is primarily responsible for supporting the President and presiding over official business of Council in circumstances where the President is unable to attend, including chairing meetings, attending functions and making speeches as and when required.

It is the role of the Vice-President to help ensure the continuation of the work of the Society through its sub-committees by regular contact with senior members of those sub-committees and then reporting back to the Executive of the Council. It is the role of the Vice-President to act as the Society's whip, ensuring that the business of the Society continues to be completed efficiently, to a high standard and on time. Given the volume of work undertaken by the Society, it is the role of the Vice-President to assist the President, ensuring the functionality of each of the Society's committees and sub-committees and provide meaningful and effective support to the President as and when required.

It is the duty of the Vice-President to engage with and learn from the President in anticipation of assuming the role and to familiarise themselves with the work of the Society.

Council and Committees

The Vice-President is primarily responsible for ensuring the functionality of the subcommittees and committees of the Law Society of Tasmania. In the event that the

President is unable to perform one of their duties, it is the responsibility of the VicePresident to complete that task.

It is expected that the President will call upon the Vice-President to undertake tasks in preparation for assuming the role at the completion of the Vice-Presidential term. It is expected that the Vice-President will be active in seeking opportunities for professional development, engagement with the profession, advocacy and other learning opportunities as and when they arise.

Stakeholder engagement

The Vice-President is expected to support the President in creating engagement with the Society's members and various key stakeholders. Stakeholder engagement may take place with the President or on behalf of the President and may include:

• Engaging, liaising with and reporting to members

• Promoting the interests of the Society and its members

• Liaising with relevant government departments, ministers, members of parliament at both the state and federal level

• Liaising with legal assistance sector stakeholders such as the Legal Aid Commission and community legal centres

• Maintaining an effective and continuing relationship with the Centre for Legal Studies, the Law School and its Dean

• Liaising with and maintaining an effective working relationship with heads of jurisdiction and the judiciary, both state and federal

• Being conversant with the business of the Society, its priorities, past statements of policy and Council-approved policy positions

Representational Role

The Vice President is secondary spokesperson for the Society and may undertake representational responsibilities at the request of the President or in the event that the President is unavailable, not able to be contacted, or unable to undertake the specific task. Those duties include:

• Representing the Society as the secondary spokesperson in media and in communications with government and stakeholders, as well as making official public statements of policy on behalf of the Society

• Ensure the accuracy, quality and efficacy of submissions prepared on behalf of the Society, both written and oral

• Hosting intrastate, interstate, national and international legal dignitaries including representatives of the Law Council of Australia and members of the judiciary

• Representing the Society if necessary at events including

o The Annual General Meeting

o The opening of the legal year

o Swearing-in and farewell ceremonies for members of the judiciary and magistracy

o Functions to which the Society has been invited which align with its core values and those of its members

o Functions at which the Attorney-General is a guest to which the Society has also been invited

• Representing the Society on behalf of the President at the President's Meeting and Conference of Law Societies Meeting (COLS) and engaging meaningfully in those meetings, if called upon to do so by the President.

Vice President's time commitment

The role of Vice President requires a commitment of time greater than what is expected of non-office bearing Councillors.

Role of the Immediate Past President

The Law Society of Tasmania's Immediate Past President is an elected member of Council and member of the Executive Committee of the Council.

Term

The Immediate Past President holds the position of Immediate Past President for one year after ceasing to hold the office of President. It is customary for the Immediate Past President to remain on the Executive Committee during that year.

It is expected that the Immediate Past President will not seek re-appointment to the Executive Committee after the completion of their term as Immediate Past President, unless re-appointment is determined by the President to be in the best interests of the Society.

Purpose and Duties

The primary purpose of the Immediate Past President is to support and facilitate a smooth transition for the incoming President in relation to the work of the Society and to provide ongoing support and assistance to the President to ensure the effective continuity of the work of the Society.

The Immediate Past President is to make themselves available to the President to provide guidance, mentoring, assistance and advice honestly, competently and confidentially.

The Immediate Past President's role is more fully detailed below.

Stakeholder engagement

The Immediate Past President is expected to support the President in creating and maintaining rapport with the Law Society's members as well as with various key stakeholders as and when required by the President. Stakeholder engagement may take place with the President or at the request of the President and may include:

• Engaging, liaising with and reporting to members

• Promoting the interests of the Society and its members

• Liaising with relevant government departments, ministers, members of parliament at both the state and federal level

• Liaising with legal assistance sector stakeholders such as the Legal Aid Commission and community legal centres

• Maintaining an effective and continuing relationship with the Centre for Legal Studies, the Law School and its Dean

• Liaising with and maintaining an effective working relationship with heads of jurisdiction and the judiciary, both state and federal

• Being conversant with the business of the Society, its priorities, past statements of policy and Council-approved policy positions

Representational Role

The Immediate Past President does not carry a representational role. The Law Society of Tasmania maintains a continuity and strength of message by using the President as the voice of the profession.

Immediate Past President's Time Commitment

Whilst acknowledging the significant commitment of the presidential term, the Immediate Past President does not "retire" from Council but rather remains an active and engaged member of Council bringing to bear the experience and knowledge developed whilst in the presidential role in a respectful, measured and appropriate way. This requires a commitment of time greater than what is expected of non-office bearing Councillors.

List of current Council members and their contact details

Council Member 2023/2024

Julia Higgins (President)* Bishops

19 Paterson Street, Centreway Arcade, Launceston 7250

William Justo (Vice-President)*

Wallace Wilkinson & Webster 169 Liverpool Street, Hobart 7000

Amelia Higgs (Treasurer)*

Dobson Mitchell Allport 59 Harrington Street, Hobart 7000

Helen Bassett

Walsh Day James Mihal 18 King Edward Street, Ulverstone 7315

Samuel Claessens

Douglas & Collins 9-13 George Street, Launceston 7250

Imogen Cook *

Ogilvie Jennings

Level 4, 39 Murray Street, Hobart 7000

Rohan Foon

Douglas & Collins 9-13 George Street, Launceston 7250

Simon Gates

Burnie Chambers

Suite 1, Level 1, 83A Wilson Street, Burnie 7320

Robert Hegarty

Douglas & Collins 9-13 George Street, Launceston 7250

Pip Monk

Monk Lawyers 1/191 Liverpool Street, Hobart 7000

Olivia Jenkins

Rae & Partners

Level 3, 113 Cimitiere Street, Launceston 7250

Dinesh Loganathan

Logan & Partners

Level 4, 147 Macquarie Street, Hobart 7000

Callum Purcell *

Hamilton Purcell Lawyers 26A Rooke Street, Devonport 7310

Luke Taylor *

HWL Ebsworth Lawyers

Level 9, 85 Macquarie Street, Hobart 7000

Amanda Thompson *

Police Association of Tasmania 107 New Town Road, New Town 7008

Victor David Murray

Tasmania Legal Aid

158 Liverpool Street, Hobart 7000

6334 1667 jhiggins@bishops.com.au

6234 8022 wjusto@wwwlawyers.com.au

6210 0000 amelia.higgs@doma.com.au

6425 2077 helenbassett@walshday.com.au

6332 3400 samc@douglascollins.com.au

6235 0800 imogen.cook@ogilviejennings.com.au

6332 3400 rohanf@douglascollins.com.au

0415 535 707 simon.gates@burniechambers.com.au

6332 3400 roberth@douglascollins.com.au

0407 738 676 pip@monklawyers.com.au

6337 5555 olivia.jenkins@raepartners.com.au

0468 457 654 dinesh@loganpartners.com.au

6423 6669 callumpurcell@hamiltonpurcell.au

6210 6200 ltaylor@hwle.com.au

6278 1900 amanda.thompson@pat.asn.au

0434 032 318 m.victordavid@gmail.com

Schedule of Council and Committee Meetings

The Society's Strategic Plan

Strategic Plan 2022-2025

Our Vision

To lead the legal profession in Tasmania.

Our Purpose

We lead the Tasmanian legal profession by promoting and fostering innovation, excellence and integrity in legal practice and the provision of legal services through supporting innovation and the vitality of the Tasmanian legal profession.

Our Values

Knowledge

At the heart of our profession is our commitment to continued learning and sharing our expertise and knowledge without fear or favour.

Integrity

We openly, explicitly, and regularly advocate for the rule of law and engage and empower the Tasmanian Legal Profession to be a leader of integrity.

Diversity and Inclusion

Tasmania is a diverse island with people and experiences from all walks of life. We encourage a profession of diverse people, thoughts and experiences knowing our profession is better for it.

Our Strategic Objectives

Goal 1 We will grow and sustain community and stakeholder confidence in the Tasmanian legal profession through the undertaking of regulatory and compliance functions.

Goal 2 We will ensure best in class standards within the profession though education, training, and the provision of support services.

Goal 3 We partner with the Tasmanian legal profession to ensure it reflects the diversity of our community, its needs, and expectations.

Goal 4 We are proactive in our contribution to law reform locally and nationally.

Goal 5 We are a strong influencer and sought-after advisor to Government and other stakeholders to ensure good law, and to protect the administration of justice and the rule of law.

Goal 6 We strive for ongoing relevance and sustainability through good governance, strong culture, innovative strategies, financial and risk management.

The Society's Committee Charter

THE LAW SOCIETY OF TASMANIA

Committee Charter

Law Society of Tasmania Committee Charter

Commencement

This Charter was by special resolution approved by Council of the Law Society of Tasmania at the meeting of 31 January 2013 and is effective from 1 April 2014

A.Introduction and Summary: The Society’s Committees

The Executive Committee

Under section 623 of the Legal Profession Act 2007 there is established an Executive Committee of Council. This committee consists of such members and convenes and conducts itself in the manner prescribed by by-laws made by Council.

Other Committees

The Society establishes committees as a source of expert advice and support to the Society and the profession, and to assist the Society to accomplish policy, regulatory and functional responsibilities as prescribed by governing legislation and/or objects of the Society as may be set out in Council-approved strategic plans and other milestone statements.

Committees are convened annually on the basis of need and typically fall into one of two categories:

1. governance and regulatory; and

2. legal policy, advisory and functional (standing and ad hoc committees).

Committee Formation Overview

Committees are formed under general resolution of Council and consist of dedicated volunteers who pool together their specialist skills and experience to perform the above broadly defined functions. Unless authorised otherwise by special resolution of Council, Committees comprise no more than 10 members. Task forces or working groups are convened from time to time throughout the Committee Year (by Committees or Council) where there are finite tasks to be undertaken or where there is an agenda which does not necessarily require the ongoing support of a committee.

The Committee Year formally commences on 1 April and ends on 31 March (‘Committee Year’).

Standing and Ad Hoc committees subject to this Charter are listed in Schedule 1

Prior to the commencement of a new Committee Year the Society issues an invitation for expressions of interest to all Society members electronically via its Weekly Update publication (also published on its website). All interested persons, including current committee members must complete an Expression of Interest FormCommittee Membership (Schedule 2) which will accompany the invitation and return it within the period specified by the Society. A copy of the Committees Charter is also to accompany the invitation. The Society’s selection process will ordinarily take place in the first week of March annually. Committee composition/new membership will be formally announced by the Society in the final week of March and Committees are required to convene thereafter according to the schedule of meetings adopted by Council and made available by the Society. Please see further under Selection Process below.

Any Expression of Interest submitted after the time specified will be logged onto a Society register (regardless of the time of the year that it is submitted). The register must be consulted in the event an opening occurs within a Committee. See further under Committee Composition and Vacancies below.

This Charter, including Schedules 1 and 2, are to be reviewed (and updated as necessary) by Council on an annual basis and no less than 14 days prior to the Society’s issue of its invitation for expressions of interest for the new Committee Year.

Despite the foregoing general sequence of events for the formation of Committees, Council may determine to form new standing or Ad Hoc committees at any time of the Committee Year, according to its needs and requirements arising. If this occurs, the Society will, at the direction of Council, publish invitations for expressions of interest via its Weekly Update and via its website and will provide a reasonable response period. Selection will occur in the manner prescribed by Council.

Committee Functions and Powers Overview

Functions vary somewhat from committee to committee, but typically committees are:

A source of policy proposals and reform initiatives

A forum for consideration of practical issues and resolution of problems

A review body and commentator (in relation to legislation, discussion papers, reports, etc) A monitor of practice standards

An advocate and instigator of continual professional development opportunities for members of the Tasmanian legal profession

A liaison body (members, government agencies, other external organisations etc)

The Society’s committees have those powers, authorities and tasks as outlined in this Charter or as are from time to time delegated by Council (or the Executive Committee under its delegated authority, refer section 626 Legal Profession Act 2007).

Meetings

Meetings are held at the Society’s premises at 28 Murray Street, Hobart, Tasmania. Remotely located participating members attend via teleconference or videoconference hook-up.

Committees are encouraged to meet at least once a month, although some Committees meet biannually. Committees wishing to alter the meeting schedule adopted by Council should do so in consultation with the Executive Director or Deputy Executive Director, having regard to available resources at the Society and availability of rooms for the proposed new times and/or dates.

Support and Recognition

Committees are provided with administrative support by the Society. This includes typing and photocopying services. Light catering is supplied at all Committee meetings and a Christmas restaurant luncheon or dinner is provided annually by the Society to its committee members.

At the end of each year of Active Service (please see further below) a Certificate of Service is supplied by the Society to committee members in recognition of members’ services. Committee members are also listed and acknowledged for their positions and contributions via the Society’s website. At the opening of the legal year the Society will present a Committee Award, further details of which can be obtained from the Society.

Regular attendance at meetings and participation as a member of a committee is a recognised CPD activity under the Law Society of Tasmania’s Mandatory Continuing Professional Development Scheme. Members are referred in this regard to the Society’s Practice Guideline 4, sub-rules 2.4(e) and 3.3 (http://lst.org.au/practiceresources/practice-directions/).

Binding Nature of Charter

Prior to submitting an Expression of Interest, a Society member must read this Charter. Notice of this requirement is to be included in the Society’s invitation to nominate or in the Expression of Interest Form (also available on the Society’s website). Those persons nominated are deemed to agree to abide by and uphold the Charter throughout the term of their committee membership. The confidentiality provisions of the Charter are enduring.

This Charter applies to the committees listed in Schedule 1.

B.Roles

The Role of Council

The role of Council is to:

1. Conduct an annual assessment of the relevance of the existing committees and the need for new committees.

2. Ensure that committees maintain a balance of necessary skills and knowledge and a dynamic membership.

3. Ensure so far as reasonably possible that committees comprise a balance of experienced practitioners to provide leadership, and early career practitioners equipped to participate and develop into leaders.

4. Ensure that committees are manageable in terms of numbers and workload.

5. Maximise profession-wide awareness of, and interest in, the committees and their role.

6. Ensure that committee membership is broadly representative of the Society’s membership.

7. Encourage committees to foster new leaders of the profession and facilitate the regular introduction of new ideas.

8. Set terms of reference as appropriate.

9. Receive and consider requests for the establishment of new committees or the re-establishment of previously operational but now defunct committees.

10.Receive and consider requests for funding from committees for specific initiatives.

11.Receive and give due weight and consideration to the advice of committees.

12.Notify committees in person by a representative member, or in writing, of any decisions made within a reasonable time.

13.Receive and give due consideration to activity reports submitted by committees in accordance with their obligations under this Charter.

14.Any other such roles as nominated by majority resolution of Council.

In carrying out the above functions, Council may consult widely at its discretion. Any of the above functions, except numbered paragraphs 9, 10 and 11, may be delegated by Council to the Executive Committee, the President, the Selection Panel (please refer further below under Appointment to Committees – Selection Process), or other persons as it sees fit.

The Role of the Committees Committee members should be able to allocate at least one day per month towards the activities of their committee.

The role of the committees is to:

1. Assist and provide advice or report to Council in connection with their areas of expertise.

2. Develop policy for proposed implementation and referral to Council.

3. Draft policy submissions to Government and other organisations commenting on policy/legislative initiatives and reports by Government and other relevant authorities as directed by Council, the President, the Executive Director or of their own volition.

4. Draw attention to law and justice issues generally and seek appropriate legislative and/or policy amendment.

5. Upon circulation of meeting Minutes and Agendas by the Society, promptly read the same and notify the Society of any amendments or additions sought.

6. Upon circulation of Agendas by the Society, promptly, as a matter of good courtesy, notify it of apologies (each member to report via email to info@lst.org.au, cc’ing in their Chair, to enable the Society and/or

Chair to determine whether quorum requirements are likely to be met; this also assists the Society to determine catering requirements).

7. Attend to tasks determined by the needs of Council [some tasks are included in directives approved by Council at the beginning of the Committee Year and others arise during the year].

8. Foster and promote thought-leadership and the generation of new ideas within committees and the profession generally.

9. Where appropriate, identify and seek assistance from other members of the Society who can provide assistance to the Committee about specific issues.

10. Keep Council informed of significant current or anticipated developments which could affect the legal profession.

11. Provide a forum for consideration of practical problems being experienced by members of the Society and as a source of information on various issues for dissemination to members.

12. Recommend to Council that certain preventive strategies or management systems be recommended to firms and practitioners to address any practical problems being faced by members.

13. Develop awareness-raising initiatives in relation to legislative reform and practical problems experience by members.

14. Initiate or request consultation with members or issues affecting the profession.

15. Be responsible for the identification of topics and presenters of CPD seminars within their area of expertise.

16. Contribute actively to the Society’s mandatory CPD scheme by arranging, with the administrative assistance of the Society as necessary, no less than 4 points worth of CPD events per CPD year (members are referred to Practice Guideline 4 of the Law Society of Tasmania). [Committees shall be supplied each meeting with a current Society calendar of events to facilitate the nomination of suitable CPD event dates and times and to ensure no clashes occur between events.]

17. Draft, or cause to be drafted by other members of the Society, no less than 2 articles on current issues within their areas of expertise for publication through the Society’s media (e.g. the Law Letter).

18. Present in writing, or by a nominated committee representative in person, an activity report to Council on a quarterly basis commencing from 30 June 2014. The activity report should summarise the committee’s activities and accomplishments (and/or new objectives) and should address each of the above numbered paragraphs so far as is possible / relevant.

19. Any other such roles as nominated by the committee by majority resolution, subject to approval of Council.

The Role of the Executive Director with Committees

1. The Executive Director is intended to be the bridge between the committees and Council on strategic and operational issues, as well as playing an integral role in facilitating good membership composition and recruitment among the committees.

2. The Executive Director (or Deputy Executive Director) participates in each committee meeting, reporting as required to Council.

3. Unless agreed otherwise, the Executive Director (or Deputy Executive Director) and/or Society-designated support personnel will prepare and circulate to

members electronically a Meeting Agenda (and any associated papers) no less than one week prior to the committee’s next scheduled meeting.

4. Unless agreed otherwise, the attending Executive Director or Deputy Executive Director will record and prepare the minutes of each meeting for the Committee and should electronically circulate the same to committee members as soon as is practicable.

5. Action Sheets are useful directive summaries for members following a meeting. They facilitate progress and action on new, important and/or ongoing committee member activities occurring outside of session. Pro forma Action Sheets are to be supplied to committees by the attending Executive Director or Deputy Executive Director at the beginning of each meeting for pen completion by the Chair to enable early distribution. This must be given to the Society Executive or support personnel for circulation to committee members within one week of the closure of the meeting.

6. The Executive Director (or Deputy Executive Director) settles and signs all correspondence on behalf of the Society coming from committee recommendations.

7. The Executive Director (or Deputy Executive Director by delegation) seeks advice from the Executive Committee as determined by the Executive Director in relation to issues that he or she believes ought be considered by the Executive Committee and/or Council.

8. The Executive Director (or Deputy Executive Director by delegation) may obtain advice from relevant committees in the execution of regulatory functions.

C.Appointment to Committees

1. Eligibility

1.1 All Tasmanian members of the Society holding practicing certificates (or deemed to hold practicing certificates under the Legal Profession Act 2007) are eligible for appointment to the Society’s committees.

1.2 Other members of the Society with the requisite skills are eligible for appointment to most committees.

2. Committee Composition and Vacancy Guidelines

2.1 Committees should comprise no more than 10 members, in the interests of efficiency.

2.2 A law firm should not be over-represented on any committee.

2.3 Each Committee is presided over by a Chair (ordinarily nominated by the Selection Panel, please see further below) whose role includes ensuring that meetings are conducted in an orderly and productive manner having regard at all times to the functions of the committee as outlined herein; responding promptly to requests and enquiries of the Society’s Council or Executive; checking draft minutes upon receipt of the same post meeting from the attending Executive member; and leading committees in their activities.

2.4 At least one member from Council should be on each committee.

2.5 If a committee lacks a Council member it should in the first instance and by its Chair write to Council seeking nomination and attendance. Where a committee cannot secure Council member participation it should nominate

by majority resolution an Internal Communications Officer (representative before Council).

2.6 Casual and permanent vacancies occurring prior to the end of the Committee Year can be filled by suitable applicants who were not appointed due to lack of vacancies at the time of application or who are otherwise on the Society’s register of interest, or by new nominees responding to an interim call for expressions of interest by the Society. Applications for Committee membership are referred to and determined by the Council’s Selection Panel which convenes on an ad hoc basis.

3. Recruitment and Period of Appointment

3.1 Committee members are appointed or reappointed for one Committee Year.

3.2 Prior to the commencement of a Committee Year the Society will invite applications (referred to herein as expressions of interest) via notice to the profession included in its Weekly Update and published on the Society website. All interested practitioners, including current committee members must complete an ‘Expressions of Interest – Committee Membership’ form (Schedule 2) and return it within the period specified by the Society’s invitation.

3.3 Expressions of interest in appointment may also be sought by the Society from non-lawyer persons who have particular skills and expertise and whose participation in the work of the committee may be useful or beneficial to the Committee.

3.4 Any Expression of Interest submitted after the time specified will be logged onto a Society register (regardless of the time of the year that it is submitted). The register must be consulted in the event an opening occurs within a Committee.

4. Selection Process

4.1 In the first week of March a Selection Panel comprising the President (Chair), Vice President and a non-executive councillor, rotated annually and supported by Society staff, will convene to carry out the selection process.

4.2 When making its selections, the Panel will take into account the matters set out in Section C.2 above. It will also take into account so as far as is feasible, the balance on the committee in terms of relevant expertise and representation of the legal profession as a whole, and gender.

4.3 The Panel may seek the advice of the Executive Director, Deputy Executive Director or the relevant committee with regard to any expressions of interest.

4.4 Selections are submitted to Council for formal appointment and members are advised of the outcome of their applications during the third week of March. Unsuccessful applicants will be placed onto the Society’s register of interest.

4.5 The Selection Panel may reconvene on an ad hoc basis during the Committee Year for the determination of new member appointments where vacancies arise.

5. Chair

5.1 The position of Chair will be offered and appointed by the Selection Panel. The best candidate for the position of Chair will be selected whether he/she is a Councillor or non-Councillor. Where a non- Councillor is appointed Chair, a Councillor is appointed a member of the Committee.

5.2 The Panel may seek the advice of the Executive Director, Deputy Executive Director or the relevant committee with regard to Chair selection and appointments.

6. Chair Responsibilities

6.1 Consistent with this Charter and Society functions, policies and strategic plans, the primary role of committee Chairs is to lead their committee in fulfilling its role as set out herein (refer Role of Committees) which may be more specifically defined by an annual program settled by the Chair in consultation with Committee members or by terms of reference issued by Council.

6.2 The Chairs of the committees are accountable to Council for the output of their respective committees. It is the responsibility of the Chair to work with Law Society executive and other staff in relation to procedures to assist in the efficiency and productivity of the committee.

6.3 Chairs are responsible for:

Planning the direction of the committee and settling the agenda for each meeting in collaboration with the Society’s executive administration.

Attending meetings, directing discussion and tasking members where necessary.

Settling the minutes of each meeting and with the assistance of Society personnel having them distributed to the members prior to the committee’s next meeting.

Overseeing any agreed actions flowing from each meeting in accordance with a timetable settled by the Chair or Committee. Representing the Society (in person or by delegation), when requested by the President or Executive Director, at meetings with third parties or in relation to other activities involving the Society. Recommending new committee members to the Selection Panel and providing advice to the Selection Panel on candidates expressing interest in joining their committee when vacancies arise.

Drafting (or delegating to another committee member the task of drafting) the committee’s quarterly activity report for Council.

6.4 The Society will arrange for newly appointed Chairs an induction/training session to be attended by all Chairs in the first month of the Committee Year (April), with session topics to include the conduct of meetings, monitoring of performance, relevant procedures and the Committee’s advisory role to the President.

6.5 In accepting the position of Chair the Chair agrees to abide by this Charter unless otherwise authorised by Council and assume the Chair responsibilities set out herein.

6.6 Chairs must be prepared to commit a minimum of one day per month for each committee and advise the President of the need for a replacement if they are unable to meet this commitment.

7. Period of Appointment of Chair

7.1 Chairs are appointed or reappointed for one Committee Year.

7.2 Reappointment is not automatic and may depend on a number of factors including: the principal of providing as many society members as possible with the opportunity to serve as a member of a committee to facilitate the regular introduction of new ideas; the member’s contribution to the work of the committee; the member’s recognised standing and expertise in the profession; and the member’s recognised contribution to the profession.

7.3 Where, during the Committee Year, the position of Chair is casually or permanently vacated or where the Chair is an apology, a new Chair may be appointed by the Committee (permanently or for that particular meeting respectively) via internal nomination (including self-nomination) and a majority resolution.

8. Members’ Responsibilities

8.1 In accepting a position on a committee a member agrees to abide by this Charter unless otherwise authorised by Council and assume the member responsibilities set out herein.

8.2 It is the responsibility of members to:

Inform themselves fully of the committee’s functions and objectives, its tasks and agenda issues. Contribute to the fulfilment of their committee’s functions and objectives. Attend and actively participate at committee meetings.

Undertake at least one substantive work item for the committee per Committee Year.

Contact the Society by email or telephone upon receipt of Agendas if they will be unable to attend. (This is important for catering reasons. It also enables the Society and Chair to determine whether a quorum will be reached and provide advance notice where meetings need to be cancelled - reducing inconvenience to other committee members).

Inform the Chair of their inability complete an action for which they are responsible.

Act within the parameters of the functions, powers and authorities delegated by Council.

Establish committee break-out working groups within the committee membership from time to time as appropriate to enable the committee to more effectively and efficiently deal with specific agenda items or task directives received from Council.

Focus on the profession’s best interests rather than on personal or constituent interests.

Inform the Chair of a conflict of interest or potential conflict of interest that may occur where personal interest or those of the appointee’s firm could affect or be seen to affect the appointee’s recommendations or decisions.

Participate fully in decision making through the expression of their considered views on the matter being discussed; by exercising where relevant the right of all individual members to cast his or her vote on those matters put to the vote in committee.

Undertake tasks requested by the Chair and/or Society executive, especially – although not exclusively – in areas in which the member has particular expertise, and to meet the agreed deadlines for completion of those tasks (from time to time members are asked to prepare submissions and comments at short notice, although this is avoided by the Society wherever possible).

Offer his or her resignation from the committee should he or she be consistently unable to meet these responsibilities due to work or other commitments. Members (including Chairs) are expected to engage in Active Service* throughout the duration of their appointment.

*Active Service means regular attendance and the missing of no more than three meetings consecutively. Members who are regularly absent (or who are absent for three consecutive meetings or more) may not be considered as having provided Active Service for the purpose of an annual Certificate of Service The determination as to whether a committee member has completed Active Service for the purpose of an annual Certificate of Service, is for the discretion of Council.

9. Confidentiality

All committee members are expected to observe strict rules of confidentiality with respect to committee business. They must be conscious that from time to time:

They may be asked to consider and comment on highly sensitive documents released to the Society by government and other authorities. They may be asked to consider draft policy proposals intended for debate within the committee which should not be presumed to reflect approved law Society policy.

They may have before them information which may affect the reputation and livelihood of legal practitioners and other members of the community.

10.Termination of Appointment (Chairs and Members)

10.1 A Chair or member is free to resign their position at any time.

10.2 A Chair or member’s appointment may be terminated by the President in consultation with the Executive Director or Deputy Executive Director (whomever is the Committee co-ordinator for that Committee) on reasonable grounds including (but not limited to) repeated and/or serious nonobservance of this Charter (or any aspect of it) and/or where the Chair or member has failed to attend three consecutive meetings in any Committee Year.

10.3 A Chair or member’s appointment will be terminated by the President if that member’s practicing certificate is cancelled or suspended as a consequence of a regulatory issue.

D.Media

The President is the primary spokesperson for the Society. In the interests of consistency of the Society’s position Chairs and members of the Society’s committees should not, in their capacity as Chairs and members of the Society’s committees, communicate with the media unless specifically requested and/or authorised in writing by the President and/or Executive Director of the Society. Writing may include by way of electronic communication including text or email.

E.Committee Meetings

1. Most Law Society committees meet monthly or bimonthly.

2. A Schedule of Meetings is settled by Council annually and will accompany the Society’s Invitation for Expressions of Interest. The Schedule of Meetings will also be published on the Society’s website.

3. Meetings may be moved or cancelled as reasonably required during the course of the year at the direction of the Chair.

4. The duration of meetings is approximately 1 to 1.5 hours.

5. Meetings are ordinarily held at the Society’s premises, 28 Murray Street, Hobart, at midday, 1.00 pm, 4.00 pm or 5.00 pm subject to committee preferences and room availability. Catering is provided. Telephone and/or video links to remotely located committee members including those in the north and north-west of the State are made available.

6. The quorum for all committee meetings is three. For the purposes of a quorum the Chair is to be counted as a member. The Chair has the discretion to cancel the meeting or refrain from conducting specific business in the absence of sufficient members.

7. Meetings should be commenced promptly at the scheduled times, and should commence with apologies and a settling of the minutes of the previous meeting.

8. Committees should with the oversight of the Chair remain as close to the agenda items as possible and allow committee members’ views to be heard to the fullest extent possible.

9. Minutes will be made available to committee members within a reasonable time after the conclusion of meetings (please refer under Committee Administrator responsibilities below).

F.Guests:

Committees are encouraged to invite experts or visitors to make presentations to them on any issue of interest. Committees may have at their meetings regular or ad hoc guests, who are not members of the Society but represent an important stakeholder group, organisation or otherwise bring relevant perspectives and expertise to matters under consideration.

Guests have no voting rights at meetings.

G.Reporting

Minutes of committees meetings may be reviewed by Council at any time. It is the responsibility of the Chair of the committee to ensure that the committee submits quarterly reports to the Society for Council’s consideration at its next meeting, commencing 30 June 2013 (end of first quarter of Committee Year). This ensures that Council is aware of the work of committees.

H.Financing

All proposed expenditure must be submitted for approval to the Executive Director, Deputy Executive Director, Executive Committee or Council dependent on the amount.

I. Submissions

Any submissions for reform or advocacy made on behalf of the Society must be sent out under President’s or Executive Director’s hand (or their authorised delegate’s hand). All correspondence will be available for Council at each subsequent meeting.

J.Committee Administration

1. Unless otherwise agreed the Society will facilitate the work of standing committees by providing secretarial and administrative services to those committees.

2. Additionally, every committee meeting will be attended by the Executive Director or Deputy Executive Director of the Society as an ex-offico member of the committee, acting in the capacity of committee administrator.

3. The responsibilities of the officer as committee administrator include assisting the Chair with performing secretariat duties for their committees (including the taking of minutes) and raising issues for the committee’s consideration.

4. The committee administrator will distribute typed minutes (and a summary Action Sheet where appropriate) to members within a reasonable time after the meeting and sufficiently in advance of the committee’s next meeting.

5. Unless otherwise agreed the committee administrator will prepare agendas and circulate to the committee in advance of committee meetings.

6. The Society will prepare routine correspondence at the request of the Committee.

7. The committee administrator is not a research officer for the committees; that is the responsibility of the committee members.

8. Other than for routine correspondence the committee administrator will not draft original documents such as submissions and articles for the Society’s publications; those are again the responsibility of the members of the committee.

9. Attending ex-officio members have no voting rights at meetings.

K.Internal Communication Protocols

1. It is the role of Council members sitting on committees to communicate the advice and activities to Council. Where a committee is without a sitting Councillor, it must appoint an ‘Internal Communications Officer’. A member accepting nomination and appointment must be prepared to communicate directly with Council in writing or in person at meetings as and when requested by the committee and with the assistance of attending executive management.

2. The committee administrator will also assist the committee where possible to communicate issues and recommendations to Council and will prepare routine memorandums where required.

3. Communications should be added by the committee administrator to the Council’s next meeting agenda. Council will formally acknowledge and respond to communications within 14 days of receiving the same.

Acknowledgement

The Law Society of Tasmania would like to acknowledge the Queensland Law Society, the ACT Law Society, the Northern Territory Law Society and the Law Society of Western Australia for enabling the Society to use and draw upon their respective charters in the development of this Charter.

Schedule 1

Charter Committees

• Continuing Professional Development (Mandatory CPD Scheme Regulation and Program Input)

• Criminal Law

Elder and Succession

Employment, Diversity and Inclusion Committee

• Litigation

Family Law

Pro Bono

• Property and Commercial

Wellbeing

List of current Committee members, chairs and their contact details

2023-2024 Society Committee Members

Criminal Law Committee

Dinesh Loganathan (Chair) Logan & Partners

Stephen Cronin

James Crotty

Caroline Graves

Rochelle Mainwaring

Philippa Monk

James Oxley

Callum Purcell

Cameron Scott

Peter Slipper

Luke Rheinberger

FitzGerald and Browne

Crotty Legal

Michael Kirby Chambers

Tasmania Legal Aid - Hobart

Monk Lawyers

James Oxley

Hamilton Purcell Lawyers

Edward Coke Chambers

Lord Denning Chambers

The Law Society of Tasmania

Elder & Succession Law Committee

Kimberley Martin (Chair) WMM Law

Jacinta French Shields Heritage

Shelby Llewellyn Butler McIntyre & Butler

Kristen McLagan

Victor Murray Tasmania Legal Aid - Hobart

Megan Penno

Alison Wiss

Francesca Beattie

Simmons Wolfhagen

McMullen Lawyers

The Law Society of Tasmania

Employment Diversity and Inclusion Committee

Harriet Farquhar (Chair) Aurora Energy Pty Ltd

Sebastian Buscemi Odin Lawyers

Emily Creak

Craig Green

Amelia Higgs

Stephanie Manning

Adrienne Morton

Lily Pasanen

Henry Pill

Alison Wells

South dinesh@loganpartners.com.au

South stephencronin@fablawyers.net.au

South admin@jamescrotty.com.au

South caroline.graves@tasbar.com.au

South rochelle.mainwaring@legalaid.tas.gov.au

South pip@monklawyers.com.au

North james@joxley.com.au

North-West callumpurcell@hamiltonpurcell.au

South cameron@cameronscottbarrister.com.au

South slipperbarrister@gmail.com

South luke.rheinberger@lst.org.au

Page Seager Lawyers

Dobson Mitchell Allport

Tasmanian Networks Pty Ltd

Department of Justice - Office of Crown Solicitor

Hall Payne Lawyers

Butler McIntyre & Butler

South kimberley.martin@wmmlaw.com.au

North jmfrench@shieldsheritage.com

South sllewellyn@bmbtas.com

North-West kristenmclagan@gmail.com

South m.victordavid@gmail.com

South megan.penno@simwolf.com.au

South alison@mcmullenlawyers.com.au

South francesca.beattie@lst.org.au

South harriet.farquhar@auroraenergy.com.au

South sebastian@odinlawyers.com.au

South ecreak@pageseager.com.au

South craig.green@doma.com.au

South amelia.higgs@doma.com.au

South

stephanie.manning@tasnetworks.com.au

South adrienne.morton@justice.tas.gov.au

South lilyp@hallpayne.com.au

South henryp@hallpayne.com.au

South awells@bmbtas.com

Family Law Committee

Mary Anne Ryan (Chair)

Derwent & Tamar Chambers

Linda Connelly Clarke & Gee

Zoey Dwyer

Julie Fawkner

Caroline Graves

Charlotte Griffith

David Harper

Trevor McKenna

Sally Rofe

Meghan Scolyer

Simone Watson

Claire White

Luke Rheinberger

Litigation Committee

Luke Taylor (Chair)

John Buckley

Kym Child

Butler McIntyre & Butler

Tasmania Legal Aid - Devonport

Michael Kirby Chambers

Simmons Wolfhagen

Dobson Mitchell Allport

Malthouse Chambers

Wallace Wilkinson & Webster

Murdoch Clarke

Tasmania Legal Aid - Hobart

Simmons Wolfhagen

The Law Society of Tasmania

South maryan@tasbar.com.au

North lconnelly@clarkeandgee.com.au

South zdwyer@bmbtas.com

North-West julie.fawkner@legalaid.tas.gov.au

South caroline.graves@tasbar.com.au

South charlotte.griffith@simwolf.com.au

South david.harper@doma.com.au

South mail@trevormckenna.com.au

South srofe@wwwlawyers.com.au

South meghan.scolyer@murdochclarke.com.au

South simone.watson@legalaid.tas.gov.au

South claire.white@simwolf.com.au

South luke.rheinberger@lst.org.au

Department of Justice - Office of the Solicitor General

Tierney Law

Wallace Wilkinson & Webster

Pierre Dordhain LHD Lawyers

Alexander Kendall

Phillips Taglieri

Gabrielle McDonald LHD Lawyers

Victor Murray

David Palmer

Scott Royston

Aysha Williams

Luke Rheinberger

Pro Bono Committee

Helen Bassett

Jane Hutchison

Shamitaa Keegan

Alicia Pelham

Peter Slipper

Kirsten Starkey

Luke Rheinberger

Tasmania Legal Aid - Hobart

Derwent & Tamar Chambers

McLean McKenzie & Topfer

The Law Society of Tasmania

South luke.taylor@justice.tas.gov.au

South andrew@tlaw.com.au

South kchild@wwwlawyers.com.au

South pd@lhd.com.au

South alex@ptlaw.com.au

South gm@lhd.com.au

South m.victordavid@gmail.com

South dpalmer@chambers.net.au

South scott.royston@tasbar.com.au

North-West awilliams@mmtlaw.com.au

South luke.rheinberger@lst.org.au

Walsh Day Mihal Bassett

Hobart Community Legal Service

Tasmania Legal Aid - Hobart

HWL Ebsworth Lawyers

Lord Denning Chambers

Ogilvie Jennings

The Law Society of Tasmania

North-West helenbassett@walshday.com.au

South jane@hobartlegal.org.au

South shamitaa@legalaid.tas.gov.au

South apelham@hwle.com.au

South slipperbarrister@gmail.com

South kirsten.starkey@ogilviejennings.com.au

South luke.rheinberger@lst.org.au

Property & Commercial Law Committee

Alexander Bobbi (Chair) Dobson Mitchell Allport

Zoey Donnellan

Amelia Goss

Cara Hawkins

Ronald Jorgensen

William Justo

Aurora Kostezky

Simmons Wolfhagen

Rae & Partners

Simmons Wolfhagen

Thomson Geer Lawyers

Wallace Wilkinson & Webster

Tremayne Fay Rheinberger

Antony Logan HWL Ebsworth Lawyers

Robert Manning Land Titles Office

Simon Perraton

University of Tasmania

Sebastian Thomas-Wilson Tierney Law

Francesca Beattie

Wellbeing Committee

The Law Society of Tasmania

Simon Gates (Chair) Burnie Chambers

Sarah Campbell

Alexandra Eaton

Rebecca Irwin

Tasmania Legal Aid - Hobart

Legal Profession Board of Tasmania

Mental Health Tribunal

Anastasia Lyudenko Philippa Willshire

Craig Mackie

Sally Rofe

Catherine Scott

Jade Standaloft

Emma White

Shelley Harwood

Dobson Mitchell Allport

Wallace Wilkinson & Webster

Conmoto Group Pty Ltd

Tasmanian Aboriginal Legal Service (SiS)

Centre for Legal Studies

The Law Society of Tasmania

Luke Rheinberger The Law Society of Tasmania

South alex.bobbi@doma.com.au

South zoey.donnellan@simwolf.com.au

North amelia.goss@raepartners.com.au

South cara.hawkins@simwolf.com.au

Interstate jorgensenlegal@bigpond.com

South wjusto@wwwlawyers.com.au

South akostezky@tfrlawyers.com.au

South alogan@hwle.com.au

South robert.manning@dpipwe.tas.gov.au

South simon.perraton@utas.edu.au

South sebastian@tlaw.com.au

South francesca.beattie@lst.org.au

North-West simon.gates@burniechambers.com.au

South sarah.campbell@legalaid.tas.gov.au

South alexandra.eaton@lpbt.com.au

South rebecca.irwin@tascat.tas.gov.au

South anastasia@pjwillshire.com.au

South craig.mackie@doma.com.au

South srofe@wwwlawyers.com.au

South cscott@conmotogroup.com

South jade@sistas.org.au

South emma.white@cfls.com.au

South shelley.harwood@lst.org.au

South luke.rheinberger@lst.org.au

Northern Early Career Lawyers Committee

Timothy Drew (President) Rae & Partners

North timothy.drew@raepartners.com.au

Courtney Bailey Bishops North cbailey@bishops.com.au

Louis Benjamin Rae & Partners

Jeremy Harris Douglas & Collins

Molly Peters Rae & Partners

Amit Sharma

Office of the Director of Public Prosecutions - Launceston

Claudia Thomas Rae & Partners

Shravaree Tryambake Bishops

North-West Early Career Lawyers Committee

Amber Scott (Co-President) Rae & Partners

Callum Tregurtha (CoPresident)

North-West Community Legal Centre

Aaron Berens Murphy McLean McKenzie & Topfer

Kelsey Lewis Tasmania Legal Aid - Devonport

Sophie Warren Tasmania Legal Aid - Burnie

Southern Early Career Lawyers Committee

Zoey Dwyer (Co-President) Butler McIntyre & Butler

Meghan Scolyer (Co-President) Murdoch Clarke

Audrey Clarkson

Hayley Crack

Bernard Goh

Robert Holbrook

Dobson Mitchell Allport

Simmons Wolfhagen

Dobson Mitchell Allport

Simmons Wolfhagen

North louis.benjamin@raepartners.com.au

North jeremyh@douglascollins.com.au

North molly.peters@raepartners.com.au

North amit.sharma@justice.tas.gov.au

North claudia.thomas@raepartners.com.au

North shravareetryambake@hotmail.co.uk

North amber.scott@raepartners.com.au

North-West ctregurtha@outlook.com

North-West aaronm@mmtlaw.com.au

North-West kelsey.lewis@legalaid.tas.gov.au

North-West sophie.warren@legalaid.tas.gov.au

South zdwyer@bmbtas.com

South meghan.scolyer@murdochclarke.com.au

South audrey.clarkson@doma.com.au

South hayley.crack@simwolf.com.au

South bernard.goh@doma.com.au

South robert.holbrook@simwolf.com.au

Practice Guidelines

Practice Guideline No. 1 Statement of Policy

At its meeting on 24 August 2005, the Council of the Law Society of Tasmania resolved to issue Practice Guidelines as required to provide guidance to the legal profession on important matters of legal practice and conduct.

The Guidelines are non-binding and do not have the force of law, however, as the considered views of a representative group of experienced legal practitioners they carry substantial weight and should guide the conduct of reasonable legal practitioners in Tasmania.

All Practice Guidelines will be reviewed by Council or its Executive Committee prior to the end of each Council year.

Approved by the Council on 23 July 2011. Amended by the Council on 6 August 2016.

Practice Guideline No. 2

Payment of Client Accounts using Personal Credit Cards

The Society understands some practitioners have used their personal credit cards to pay stamp duty, rates and other client accounts in order to obtain personal benefit, typically by accruing frequent flyer points.

At its meeting on 24 August 2005 the Council of the Law Society of Tasmania considered this question and resolved that the profession be informed that:

It is unacceptable practice without a client’s express approval to pay clients’ disbursements by using a practitioner’s personal credit card in order to receive personal benefits. However, while the Council does not approve of the payment of client accounts such as stamp duties in the manner so described, such disapproval does not extend to travel and accommodation paid for by a practitioner when acting for a client to be reimbursed later.

Approved by the Council on 23 July 2011

Practice Guideline No. 3

Communicating with another Practitioner’s Client

Non-Contentious Matters

A practitioner who is acting on behalf of a party in any non-contentious matter must not communicate directly with any other party for whom, to the practitioner’s knowledge, another practitioner is currently acting, unless:

1. (a) notice of the practitioner’s intention to communicate with the other party, in default of a reply from the other practitioner, has been given to that practitioner, who has failed, after a reasonable time, to reply;

(b) the communication is made for the sole purpose of informing the other party that the practitioner has been unable to obtain a reply from that party’s practitioner and requests that party to contact the practitioner; and

2. the other practitioner consents; or

3. (a) the circumstances are so urgent as to require the practitioner to do so; and

(b) the communication would not be unfair to the other party.

4. A practitioner who receives notice from another practitioner that the practitioner’s client has instructed or retained that practitioner may, after notifying the other practitioner, communicate with the client for the purpose of confirming the client’s instructions and arranging for the orderly transfer of the client’s matters to the other practitioner.

Contentious Matters

1. A practitioner must not deal directly with the opponent’s client in relation to the case for which the opponent is instructed unless:

(a) the opponent has previously consented;

(b) the practitioner believes on reasonable grounds that:

(i) the circumstances are so urgent as to require the practitioner to do so; and

(ii) the dealing would not be unfair to the opponent’s client; or

2. A practitioner must not confer or deal directly with the party opposed to the practitioner’s client in relation to the case for which the practitioner is instructed, where that party is not represented by a practitioner for the case, unless:

(a) the party is not being indemnified by an insurance company which is actively engaged in contesting the proceedings; or

(b) the party is being indemnified by an insurance company which is actively engaged in contesting the proceedings and the practitioner:

(i) has no reasonable grounds to believe that any statements made by the party to the practitioner may harm the party’s interests under the insurance policy; or

(ii) has reasonable grounds for the belief referred to in (i) but has clearly informed the party beforehand of that possibility; or

(c) the party, being indemnified by an insurance company which is actively engaged in contesting the proceedings, is personally represented but not in the case and the practitioner:

(i) has notified the party’s representative of the practitioner’s intention to do so; and

(ii) has allowed enough time for the party to be advised by the party’s representative.

[For the purposes of this Practice Guideline, “party” or “client” includes clients of the Legal Aid Commission of Tasmania]

These Guidelines are taken from The Law Council of Australia’s Model Conduct Rule Nos. 18 and 25

Approved by the Council on 23 July 2011

Practice Guideline No. 4 Law Society of Tasmania

Continuing Professional Development Scheme

1. Objective

1.1 The objective of this Guideline is to set out the rules for the operation of the Law Society of Tasmania’s continuing professional development scheme for legal practitioners.

2. Definitions

2.1 Society means the Law Society of Tasmania

2.2 Bar Council means the Tasmanian Bar Inc

2.3 CPD means continuing professional development.

2.4 CPD activity means:

(a) attendance at, or preparing or presenting material for, a seminar, interactive livestreamed webinar, workshop, lecture, conference, educational program or course or discussion group; or

(b) undertaking a course at a tertiary institution relevant to law or legal practice; or

(d) publishing, reporting a case, editing a law report, or substantively editing or refereeing, an article in a legal or non-legal publication; or

(e) regular attendance at meetings, and participation as a member, of a committee or other body undertaking work of substantial significance to the practise of the law and which is reasonably likely to assist the attendee’s professional development.

(f) attendance at, or preparing or presenting material for, a seminar, workshop, lecture, conference, educational program or course or discussion group conducted within a legal practice.

(g) Any other activity specifically approved by the Society in accordance with sub-rule 2.5(b) or 2.5(c). Such approval must be sought before the end of the CPD calendar year unless the Society determines otherwise.

(h) For the avoidance of doubt and without purporting to be exhaustive, the following activities, in the absence of approval of the Society pursuant to the provisions rule 2.5 (b), do not of themselves constitute a CPD activity:

i. reading of case law, texts or articles;

ii. repeated teaching into the same course;

iii. mentoring early career lawyers or students;

iv. observance of Court proceedings; and

v. attendance at wellness sessions/retreats and undertaking physical education or activity.

2.5 In respect of CPD activities:

(a) a CPD activity need not fit into one of the categories in sub rule 3.2 or 3.4;

(b) the Society may approve other activities from time to time; and

(c) a legal practitioner may refer a question as to whether an activity is a CPD activity to the Society, whose decision shall be final. Where the activity relates to a person practising solely as a barrister the Society will seek the advice of the Bar Council.

2.6 CPD point means:

(a) in relation to a CPD activity referred to in sub rule 2.4(a), (b), (c), (f), or (g); one hour of the activity;

(b) in relation to a CPD activity referred to in sub rule 2.4(d); 1000 words of the article; and

2.7 CPD year means a year beginning on 1 May to the following 30 April.

3. Completion of Minimum CPD units

3.1 A legal practitioner must complete at least 10 CPD points of CPD activity in each CPD year.

3.2 In calculating the minimum 10 CPD points of CPD activity in respect of a CPD year, the total units must include at least one CPD point relating to each of the following categories:

(a) practical legal ethics;

(b) practice management or business skills;

(d) substantive law; and

(e) equality and wellbeing.

See also Schedule 1 which is a list of examples of CDP training that relates to each of these mandatory categories. The example topics listed are by way of illustration only and are not intended to be exhaustive.

3.3 In calculating the minimum 10 CPD points of CPD activity in respect of a CPD year, the total points must not include more than:

(a) four CPD points for preparing material for a seminar, interactive live-streamed webinar, workshop, lecture, conference, educational program or course or discussion group as referred to in sub rule 2.4(a); or

(b) five CPD points for viewing or listening to, or preparing material for, a multi-media, television or web-based program or recorded material as referred to in sub rule 2.4(c); or

(d) three CPD points of CPD activity referred to in sub rule 2.4(d), (e) or (f) of the definition of CPD activity; or

(e) six CPD points of CPD activity completed on any one day.

3.4 A person practising solely as a barrister:

(a) is not required to complete the CPD activities referred to in sub rule 3.2(b);

(b) must complete the CPD point required by sub rule 3.2(c) in advocacy, alternative dispute resolution, research skills and other skills related to a barrister’s work as set out in Part 8 of the Rules of Practice.

3.5

Subject to Rule 2, CPD activities may be completed in Tasmania, interstate or overseas.

3.6 Each CPD activity undertaken by a practitioner for the purposes of this Rule must be an activity:

(a) of significant intellectual or practical content primarily related to the practise of law; and

(b) conducted by persons qualified by practical or academic experience in the subject covered; and

3.7 Where a practitioner accrues CPD points in February, March or April of a CPD year, the practitioner may elect to assign all or any of them either to that CPD year or to the next CPD year.

3.8 A practitioner must maintain a written record of CPD points accrued by that practitioner in respect of each CPD year. This written record must include the following minimum information:

(a) the CPD activity, and event name (if applicable);

(b) date of event;

(d) mandatory category to which it relates; and

(e) provider or entity.

Advisory Note to Practitioners: It is recommended that practitioners maintain supporting documentation to support their record. Supporting documentation includes receipts, enrolment records, certificates, transcripts, attendance lists, assessment reports, copies of presentation notes, employer reports and detailed diary notes. Supporting documentation should be retained for 24 months after the completion of each CPD year.

Practitioners are encouraged to record their CPD history in the CPD history tracker provided in their personal website account. The tracker can be manually updated and printed at any time. Alternatively, a copy Record of CPD Activities Form can be obtained from the Law Society or downloaded from its website.

3.9 In relation to a practitioner who holds a local practising certificate for less than a CPD year, the reference in this rule to 10 CPD points in respect of that year is proportionally reduced in accordance with the below table.

Months engaged in legal practice (rounded up or down to the closest month)

4. Exemptions

4.1 The Society may exempt a practitioner from compliance with this Practice Guideline on written application by the practitioner on the ground of:

(a) illness or disability;

(b) the location of the practitioner's legal practice;

(d) hardship or other special circumstances.

4.2 The Society may, by written notice, require a practitioner to give information about the practitioner’s compliance with their CPD obligations.

4.3 A practitioner must comply with a requirement under sub rule 4.2 within 14 days of receiving the notice.

5. Certification of Compliance and Audit of CPD Activity

5.1 A practitioner who makes application for renewal of a practising certificate must certify that he or she has completed 10 CPD points in respect of the CPD year preceding the year to which the application relates.

5.2 The Society may by written notice, require a legal practitioner to provide information about the practitioner’s compliance with the practitioner’s CPD obligations. The information sought may include but is not limited to:

(a) details of the practitioner’s CPD activities for the CPD year preceding the year to which the application to renew relates or such other period specified (but no longer than 24 months prior to the date of the written request); and

(b) supporting evidence (e.g. receipts, enrolment records, certificates, attendance lists, statutory declarations, transcripts, or copies of presentation notes).

6. Rectification of Contravention

6.1 If:

(a) a practitioner has not certified that he or she has completed 10 CPD points in respect of a year; or

(b) the Society is not satisfied a practitioner has complied with these Rules;

the Society may give notice to the practitioner in writing requiring the practitioner to submit a plan to the Society within 21 days setting out the steps that a practitioner proposes to take to remedy the non-compliance.

6.2 If the holder of a local practising certificate to whom notice is given under this rule or rule 5.2 does not comply with the notice within thirty days after the giving of the notice, the Society may exercise any of the powers given to it pursuant to the Legal Profession Act 2007 including the making of a complaint to the Legal Profession Board.

Approved by the Council of the Law Society of Tasmania on 15 May 2021

Schedule 1

Examples of CPD topics that relate to each of the following categories

Note: The example topics listed below are by way of illustration only and are not intended to be exhaustive.

Practical Legal Ethics

• Conflicts of interest and undue influence

• How to identify an ethical issue

• Communicating directly with third parties

• Duty of competence

• Duty of confidentiality, including when it can/should be breached

• Difference between duty of confidentiality and legal professional privilege

• Undertakings

• Duties to the court

• Duty not to abuse the court process or the administration of justice

Practice Management and Business Skills

• Staff welfare (including WH&S, staff wellbeing and the law relating to discrimination, harassment, and bullying)

• Staff management (including employment law; developing an appropriate level and balance of employee skills and expertise within the firm/department; identifying and drawing upon resources within and outside the firm/department)

• Effective use of technology

• File management

• Caseload management

• Risk management

• Costs rules

• Trust accounting

• Financial management (including understanding and interpreting financial statements and cash flow management)

• Business and strategic planning

Professional Skills

• Communication and interpersonal skills

• Giving advice identifying the options; how to break bad news

• Client interviewing

• Taking a witness statement

• Plain English drafting and letter-writing

• Use of precedents

• Negotiation and mediation skills

• Career and personal development

• Advocacy

• Legal research skills

Substantive Law

• Legal theory

• Legal procedure

• Developments in the law

• Legislative reform

Equality and Wellbeing

• Staff welfare (including WHS, staff wellbeing and the law relating to discrimination, harassment, and bullying

• Awareness training

• Family safety and family violence

• Unconscious bias

• Bystander training

• Sexual harassment

• Bullying

• Mental health

• Working with people from culturally and linguistically diverse backgrounds

• Sex, gender and diversity and the law

• Indigenous issues

Practice Guideline No. 5

Return of a Subpoena to Produce Documents

• Although there is usually no ‘property in a witness’ at large, a person producing documents under Court ordered compulsion, and subject to legal sanction, falls into an entirely different category of witness. That person is required to produce the documents to the Court, not to any party to the proceeding. “If a witness produces the documents he produces them to the Court not the parties”: per the NSW Full Court in Commissioner for Railways v. Small (1938) 38 SR NSW 564; at page 573.

• The requirements for issuing and complying with subpoenas, and the use of the documents produced in answer to them, are dealt with in the rules of each superior Court. A subpoena for production of documents is returnable at a specific time and place. This is usually the first day of trial, but it may be earlier (such as permitted by SCR 496 (6)).

• The party who issued the subpoena does not have an entitlement to inspect any document that is produced in answer to it. The Registrar may give permission to inspect (such as under SCR 500B (4)). Otherwise, the party must seek the leave of the Court to inspect the document.

• The rules of each superior Court specifically allow a person producing a document to object to it being inspected, and separately allow any party or any person “having a sufficient interest” to object to it being inspected.

• Practitioners should be mindful:

(a) of the background and circumstances surrounding the issue of the subpoena, especially where the relevant material, and its admission into evidence, is being or may be disputed;

(b) of the fact that the witness (and the documentation) is being produced under legal compulsion and that the witness may well be an extremely reluctant witness; and

(c) of the fact that the documents in question may in some cases be the subject of some form of legal privilege that resides in a third party who is not a party to the litigation and who therefore has independent legal rights to be acknowledged and protected.

• Practitioners must be aware that any person in charge of documentation and who is appearing in answer to the subpoena may be totally unfamiliar with Court processes and legal procedures and may be easily influenced by a legal representative in such cases. Practitioners must therefore not seek to take advantage of or exploit this situation to advance their client’s case by accessing the relevant material directly.

• Practitioners must not seek to obtain an advantage for their client by pre-empting the giving of permission to inspect, or the granting of leave by the Court to inspect, by seeking to access the documents directly from the person producing them, whether or not the practitioner has issued the subpoena;

• Practitioners must not mislead a witness by creating the impression, that it is part of the witness’s obligation to produce the documents to the Court, and is therefore appropriate, for that witness to show to any party (or their legal representatives) the relevant documents. That is, a practitioner must avoid any premature disclosure to the party issuing the subpoena, or any other party. Should any attempt by the witness be made to make the documents available, the practitioner should refuse and direct the witness to the relevant Registry;

• The Council of the Law Society considers that where a jurisdiction does not have its own rules or procedure dealing with the production of documents under subpoena, practitioners should apply the procedure in the Rules of the Supreme Court.

Approved by the Council on 5 May 2012

Practice Guideline No. 6

Payment of Clients’ Stamp Duty Following Endorsement Online

1. The Council of the Law Society (“Council”) is aware that:

1.1 Several law practices are not making appropriate arrangements when making payments of disbursements on behalf of clients of the law practice. All practitioners are reminded of the provisions of the Legal Profession Act, 2007 and the Legal Profession Regulations, 2008 when dealing with money held in trust on behalf of clients of the law practice.

In particular, where trust money is held for the payment of stamp duty or other disbursements on behalf of a client, it is not permissible to transfer that money to the firm’s practice account for subsequent payment of the disbursement from the practice account. It should be retained in the trust account until payment in accordance with the client’s instructions.

1.2 Under Part 6 of the Taxation Administration Act 1997, the Commissioner of State Revenue (“CSR”) is empowered to require a law practice to make an arrangement with CSR for the law practice on behalf of its clients to lodge returns of its clients’ dutiable transactions under the Duties Act 2001 and to pay the stamp duty upon those transactions.

1.3 Typical features of such an arrangement are that:

1.3.1 The law practice is entitled to endorse a selected dutiable instrument as sufficiently stamped in advance of the payment by the law practice of the stamp duty on that instrument under a later periodic invoice in which particulars of the instrument are recorded.

1.3.2 Each periodic invoice is required to be satisfied by a payment (whether effected online or by cheque) that can be evidenced within the account records of the law practice by only a single debit entry.

1.3.3 Each payment of a periodic invoice that a law practice makes (“a pooled payment”) is therefore likely to satisfy the stamp duty liability, and to have been sourced from the funds, of several different clients.

2. At its meeting on 1 October 2012, the Council resolved that:

2.1 The profession be informed that:

2.1.1 Where a law practice is a party to an arrangement with CSR that requires it on behalf of clients to make periodic pooled payments of stamp duty, for the purpose of facilitating those pooled payments it is acceptable practice on the undermentioned conditions to create within

the general trust account of the law practice a trust ledger entitled “Clients’ Stamp Duty Settlement Account” (“CSDSA”), to serve as a repository of those stamp duty funds that have been paid by clients and are intended to form part of the next periodic pooled payment of stamp duty that the law practice will be required to make.

2.1.2 The following conditions apply to the operation of a CSDSA:

2.1.2.1 Whenever the law practice completes a dutiable transaction for a client on whose trust ledger it holds funds for the payment of the duty upon that transaction, it may transfer by journal transfer, from that client’s trust ledger to the CSDSA, the amount of stamp duty which it expects on behalf of that client to include in its next pooled payment;

2.1.2.2 All funds so transferred to the CSDSA are to be retained there until the day when the next pooled payment of which they are expected to form a part falls due when they are to be debited with the amount of a single cheque or a single online funds transfer for the amount of the required pooled payment.

2.1.3 A journal transfer effecting a debit entry in the CSDSA may be made only to the credit of the trust ledger of the client from whose trust ledger funds have previously been transferred to the CSDSA, but in this instance the amount of the journal transfer must not exceed the unexpended balance within the CSDSA of that client’s funds.

2.1.4 The CSDSA must be reviewed and reconciled as at the end of each named month by preparing within fifteen (15) working days after the end of that month a statement:

2.1.4.1 Identifying in relation to any credit balance recorded in the CSDSA:

2.1.4.2

2.1.4.2.1 The name of each client whose unexpended funds form part of that credit balance; and

2.1.4.2.2 The amount of that client’s funds that remain unexpended in the CSDSA; and

2.1.4.3 Showing the date the statement was prepared.

2.1.5 The statement referred to in paragraph 2.1.4, together with a copy of every periodic invoice that relates to a pooled payment which the law practice has made during the month to which the statement relates, must be retained by the law practice as part of the trust records relating to its general trust account.

Approved 1 October 2012

Practice Guideline No. 8 Receipt by Credit Card

Money can be received into trust accounts by credit card payments but it is strongly recommended that law practices observe the following guidelines:

• Arrangements should be made with the law practice's ADI for merchant facility fees to be debited to the law practice's general office account.

• The only credit card facilities that should be used are those that permit the whole transaction amount to be credited.

• Arrangements should be made with the law practice's ADI that any "chargebacks" or reversed transactions will not be debited to the law practice's trust account. Credit card providers can reverse payments for a period of up to twelve (12) months from the date of the credit card payment. If the payment is reversed to a trust account and payment has already been made against the funds received by the credit card payment, there will be a deficiency in the trust account which the law practice will have to immediately restore from its own funds. It is the Society's preference that the possibility of such deficiencies be avoided by law practices making arrangements with the relevant ADI that any "charge-backs" or reversals will be debited to the law practice's general office account.

• Credit card reforms which came into effect on January 1, 2003 gave merchants, including law practices, the freedom to choose whether they wish to recover credit card charges from clients. If a law practice elects to pass the credit card charge on to the client the law practice must:

o Advise the client that a credit card fee will apply prior to the transaction;

o Advise the client of the amount of the credit card fee, either as a percentage, or a nominated amount.

Law practices should only charge to their client the actual amount they have paid as outlays or disbursements (e.g. merchant facility fees attached to individual transactions).

• Arrangements should be made with the law practice’s ADI whereby responsibility for any fraudulent behaviour on the cardholder’s behalf is determined prior to the establishment of credit card merchant facilities. Should the law practice not be satisfied with this arrangement then consideration should be given to whether or not to accept credit card payments into the law practice’s trust account.

• The law practice’s ADI should be consulted to obtain full details of the required protocols in relation to obtaining credit card payments both via telephone and in person.

Objective

A Professional Responsibility Best Practice Guide for Lawyers

Title Insurance

This best practice guide has been prepared in response to law firm queries and concerns raised with the Society regarding title insurance, referral arrangements, and the practise of recommending financial (insurance) products to clients. It has been developed to assist legal practices to conscientiously navigate and carefully consider their involvement in the arrangement of title insurance on behalf of clients, as well as to consider its place in the provision of legal services.

This guide is not intended to constitute legal advice and the Society recommends practitioners exercise their experience and judgement in applying the guideline to their subject matter. This document is not all-encompassing and is not an exhaustive list of every issue that may arise for consideration in a referral context. Practitioners will need to adapt it to address individual client circumstances.

Hyperlink to end-of-document Summary / Conclusions here

Background

Involvement with financial instruments can be a part of everyday practice for commercial legal practitioners, whether it be to advise upon their legal terms (e.g. share acquisitions) or simply to recommend their purchase, where such a consideration by necessity arises in the context of providing legal advice (e.g. recommending home and contents insurance, where risk passes to the purchaser upon entry into a contract of sale)

Title insurance has more recently been added by many law firms to their suite of insurance recommendations made in association with property purchases.

It has become recognised as a product offering cover in relation to some risks that may cause a purchaser loss or otherwise affect their ownership, such as boundary defects or illegal building works not known by the purchaser at the completion of their purchase. It is seen by many practitioners as a useful and affordable supplementary risk management tool for clients where it offers protection against matters that might not be revealed by searches.

Recommending insurance has, however, traditionally taken place within legal practices adopting an arms-length approach. The insurance is recommended for legal reasons and clients are encouraged to shop around for a policy that suits them. Any ‘arranging’ that takes place as agent for the client at his or her instruction has also been done at arms-length.

A unique feature that has been introduced to Australian legal practices by new-tomarket title insurance providers has given rise to calls for guidance. This feature is an insurance procurement model that takes law practices beyond general recommendations to the next level of introducing specific products to clients as well as offering to arrange their acquisition. These referral arrangements offer to the law practice a provider-paid fee-for-service return. They also offer protections against certain Corporations Act compliance concerns (e.g. an exemption from the need to hold an AFSL) as well as indemnities, waivers and excess layer PI insurance.

The introduction of such referral arrangements, with their own sets of terms and conditions between the law practice and the insurance provider, has however presented a number of complex considerations to navigate. Corporations law obligations, professional responsibility and ethics duties owed to the client are all in the mix.

In late 2018 the Law Society of Tasmania was requested to issue written guidance to the profession. After considerable legal consultation and consideration, the Society has approved this best practice guide, which aims to set out the basic associated considerations for law firms under each of the Corporations Act 2001 and the Common Law.

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Insurance, Title Insurance, The Regulatory Framework, and Referral Arrangements

The above mentioned types of insurance products are financial products under the corporations legislation. The recommendation and arrangement of financial products therefore typically requires careful consideration by law firms from a federal regulatory perspective. No less important are the professional responsibility and ethical considerations for lawyers.

1. Recommending Insurance - The Corporations Law Framework - Back to Basics

1.1 Firms who choose to recommend and/or arrange financial products on a regular basis need to be mindful of the Corporations Act 2001 (the Act). This is because prima facie, their conduct might amount to a ‘financial service’ under the Act and they risk being found to be carrying on a ‘financial service business’ within the meaning of s911A(1) without authorisation. Persons carrying on a financial services business are, as a general principle, required to hold an AFSL or be an authorised representative of the holder of an AFSL.

1.2 Practitioners recommending specific financial products or classes of financial products should therefore familiarise themselves with s766B (definition of

financial product advice) as well as the exemptions that apply. Where arranging occurs on behalf of the client practitioners should also familiarise themselves with s766C (meaning of dealing in a financial product), as well as the exemptions that apply.

1.3 Section 766B of the Act reads [excerpt]:

For the purposes of this Chapter, financial product advice means a recommendation or a statement of opinion, or a report of either of these things, that:

(a) is intended to influence a person or persons in making a decision in relation to a particular financial product or class of financial products, or an interest in a particular financial product or class of products; or (b) could reasonably be regarded as being intended to have such an influence.

1.4 All relevant circumstances are to be taken into account in determining whether financial product advice is given (ASIC Regulatory Guide RG 36).

1.5 In one of the leading decisions in relation to what constitutes financial product advice, the NSW Supreme Court found that an implied recommendation or statement of opinion might occur for example where information is presented in a way that favours or commends a particular course of action or implies that the view of the presenter of the information is that the contemplated course of action is likely to be beneficial to the client (see Australian Services and Investments Commission (ASIC) v Park Trent Properties Group Pty Ltd brackets (No 3) [2015] NSWSC 1527 per Sackville AJA at [365] and [366]).

1.6 Whilst a recommendation that a client acquire certain insurances may be objectively determined to be a necessary aspect of a practitioner’s legal advice and service package, it is the Society's view that the acts of referring to risks and possible exposures in a letter of legal advice followed by a reference to a specific financial product (e.g. ‘Provider X’s Y Insurance’) and an offer to arrange the acquisition of that financial product, may amount to the provision of financial product advice by a practitioner. It is also the Society's view that the correspondence alone is likely to imply that the view of the practitioner is that the decision to purchase that insurance product is likely to be beneficial to the client. Given the solicitor-client relationship is one which is understood as entailing influence, the nature of the relationship is a critical consideration in determining whether the circumstances give rise to an act of influence.

1.7 The Society at the same time acknowledges the exclusions set out in s766B(5) (legal advice exemption) of the Act and reg 7.1.35A of the Corporations Regulations 2001 (dealing, agent on instruction from client)

1.8 Sub-section 766B(5) provides that the following advice is not financial product advice:

(a) advice given by a lawyer in his or her professional capacity, about matters of law, legal interpretations or the application of the law to any facts;

(b) except as may be prescribed by the regulations - any other advice given by a lawyer in the ordinary course of activities as a lawyer, that is reasonably regarded as a necessary part of those activities (emphasis added)1

1.9 Sub-section 766B(5) therefore creates a limited exception to the broader definition of financial product advice.

1.10 Practitioners must therefore carefully consider the nature of their activities as well as content of the advice that is provided to clients. The insurance recommendation would need to be soundly linked into the advice

1.11 Template letter disclaimers that stipulate, after recommending the product, that ‘this does not constitute legal advice’ or ‘we cannot provide advice in relation to this product’ will ensure that exemption in ss766B(5) does not apply. The recommendation will then amount to ‘financial product advice’ within the definition of the Act. The disclaimer will not be legally effective because it is not possible for a practitioner to contract out of the provisions of the Act, nor to limit his or her liability in this way.

1.12 Section 766C of the Act and its associated regulations create a number of exemptions to the definition of dealing in a financial product, including where that dealing is as an agent or a representative of another (see reg 7.1.35A of the Regulations).

1.13 Whether the total activities referred to in 1.6 above would fall within the legal advice exemption ss766B(5)(a) and (b) or reg 7.1 .35A will also no doubt be assessed in all the circumstances. This question is something to which practitioner practitioners ought in every case direct their attention.

1.14 Also for consideration is that while arranging insurance on behalf of clients as agent may attract the s766C ‘dealing’ exemption under reg 7.1.35A, if the firm receives payments by an insurance product provider for the arranging service this exemption will not apply.2

1.15 The exemptions referred to in paragraphs 1.7 - 1.14 are unlikely to be relevant to legal practices that have chosen to enter into a referral arrangement. Those practices will still, however, need to consider what additional obligations are common law, as well as the terms of the referral arrangement, might impose upon them (discussed further below)

2. Referral Arrangements

2.1 Title insurance referral arrangements appear to have over the last 10 years proliferated throughout the legal services industry Australia-wide.

2.2 Insofar as direct recommendations and remunerated procurements are concerned, issues relating to the possible contravention of s911A(1) of the Act

1 The Corporations 2001 (the Regulations) do not include any prescription for the purposes of this exemption.

2 Sub regulation 7.1.35(d), Corporations Regulations 2001

have been dealt with through the introduction of authorised arrangements (where the insurer holds an AFSL) or representative arrangements where the insurer has the benefit of an AFSL exemption. Where an insurer holds an exemption under s991A(2)(g) of the Act, practitioners who become participants of their referral arrangement become representative who are also exempt. That exemption is engaged where the insurer is a body regulated by the Australian Prudential Regulatory Authority (APRA), the service is one in relation to where which APRA has regulatory or supervisory responsibilities and the services provided to wholesale clients. Currently, title insurance is not a form of insurance that is regulated as a product provided to retail clients.3

3. Entering into Arrangements with Insurance Providers - The Limitations of What Practitioners Can and Cannot Advise On

3.1 Practitioners need to exercise care when considering the terms and conditions of proposed referral arrangements in the context of a solicitor-client relationship. If a practitioner acts outside the terms and scope of the referral arrangement, ‘financial product advice’ may be provided or ‘dealing in a financial product’ may be occurring, where he or she is not authorised to do so.

3.2 Practitioners acting as representatives also need to be satisfied that the terms and conditions of the referral arrangements do not give rise to conflicts between duties owed to the client and the practitioner’s obligations under the referral agreement with the insurer (see further under section 8 below).

Professional and Ethical Considerations

4. Retainer and Professional Responsibilities

4.1 If a referral arrangement has been entered into by a practitioner, they may have addressed their Corporations Act and AFSL obligations.

4.2 Are additional legal professional responsibilities triggered? Critical for consideration, is that where a practitioner makes a recommendation or gives advice about a specific financial product (whether that advice has been requested or not) it will doubtless broaden the terms of the retainer beyond the giving of legal advice. Duties are also broadened. Accepting that the content of the duty of care is a fact specific inquiry, it will likely embrace a number of duties broadly equivalent to those of an insurance agent and broker including:

(i) a duty to give accurate advice about meaning and content of the policy document; including advice as to when indemnity is available and in what circumstances the exclusion clauses will operate;

3 Section 911A(2) of the Act, when read with Corporations Regulations 2001 regulation 7.6.01 and s.761G of the Act.

(ii) advising the client of the risks they might face which might be lessened by indemnity insurance;

(iii) advising the client about the suitability of the policy, for the particular circumstances of the client; and

(iv) ensuring the information contained in the policy proposal form is accurate and complete.

4.3 Practitioners should exercise caution in using information provided by the insurance provider either to be incorporated into a solicitor's letter or to be included as an enclosure with that letter. This is because it may trigger a broadening of the retainer with the additional duties to the client.

4.4 Because a specific product is being recommended, practitioners should also be mindful of their duty to avoid any compromise to their professional independence as well as their duty to act in the best interests of the client. Care should be taken to advise the client there may be product better suited to their needs on the market and they may wish to ‘shop around’ (see further 8.3 below)

5 Fees Paid by Insurers to Lawyers in Connection with Arranging Title Insurance

5.1 Practitioners must not:

(i) obtain a personal benefit at the expense of the client;

(ii) make an unauthorised profit, absent full disclosure and informed consent; or

(iii) accept a secret commission; and

(iv) must at all times act in the best interests of the client.

5.2 Whilst a fair remuneration for service (with full disclosure to the client) may be acceptable per se under solicitor professional conduct rules, the terms of the payment under the referral arrangement must be examined carefully to ensure no conflict arises. For example, the provision of an election to either take a fee as a processing fee or to give it to the client (by way of a premium reduction or otherwise) at once gives rise to a choice that may confer a personal benefit upon the practitioner at the expense of the client. Accordingly, this type of offer by an insurer gives rise to a conflict of interest for the practitioner. Likewise, a requirement to keep all or part of the financial arrangement confidential (including the potential loss of a ‘service fee’ where a purchased policy is withdrawn by a client during a cooling off period) is unacceptable as it raises the spectre of a secret commission that a fiduciary is not entitled to receive.

6.1 Regardless of whether a referral arrangement exists, the Society does not support the use of any title insurance product as a substitute for the exercise of reasonable skill, care and competence in acting for a purchaser client in a conveyancing transaction. This includes undertaking the usual searches and giving advice to the client about the results. These obligations must not be compromised by the use of title insurance where the practitioner has been engaged to provide legal services to the client.

6.2 Insurance should be used as a tool to augment legal services, not devalue or replace them. Where dispensing with certain searches (e.g. a s337 Local Government Act 1993 search) is raised as an option (by the practitioner or the client), the client would need to be fully informed regarding all associated risks and the client’s express agreement would need to be obtained

For example, a failure to identify certain matters during the conveyancing process by not undertaking the appropriate services may mean the client suffers a lost opportunity to rescind the contract or to obtain other remedies from the vendor. He or she may also be left inadequately covered by the policy of insurance, or not at all. Providing this option would again trigger additional responsibilities and the practitioner’s advice would need to extend to advice on the policy wording (and level of cover) itself In other words, a release from the obligation to undertake such searches must be a fully informed release.

7. Insurance Provider, Waiver and Indemnity

7.1 Referral arrangements offerings by insurers to prospective legal practices may include certain indemnities, waivers, and ‘excess layer’ PI insurance provisionings. Again, the wording of the relevant terms and conditions should be examined closely.

7.2 It is also important that practitioners check the limits of the excess insurance layer as well as any indemnity. For example, the indemnity may be limited to only those circumstances in which the title insurance policy itself would have responded, had a claim being made under that policy. If the claim or part of the claim against the practitioner is that the client has lost an opportunity to rescind the contract of sale (which they would have been in a position to do had a particular search being conducted and the relevant circumstances revealed) the indemnity may not apply.

8. Conflicts of Interest and Other Fiduciary Duty Considerations

8.1 Acting for a client while also acting as a representative for an insurance provider obviously raises a question of conflict of interest in duty. The obligations set out in terms and conditions of the referral arrangements may intersect inconsistently with the duties that a practitioner owes to a client, and practitioners need to carefully consider the fine print.

8.2 The referral arrangement terms and conditions may result in a conflict in relation to disclosure. For example, where the practitioner is instructed by the client to withhold relevant information from the insurer (e.g. where searches conducted reveal information relevant to policy coverage) this might constitute a breach of the terms of the referral arrangement, put the indemnity/waiver coverage at risk, and attract other liability. This is a clear conflict of interest and duty issue.

8.3 A fiduciary relationship of course creates many legal duties for the person in whom the trust has been placed. Perhaps the most significant matter of concern in ‘referral and arranging relationships’ arises from a practitioner's duty to avoid any compromise to their professional independence, and, again, their duty to always act in the best interests of the client.

If a practitioner / firm choose to enter into a referral arrangement, they are recommending a specific product. As noted above, the additional duties triggered may require them to explain that specific product before arranging it on the client's behalf Title insurance itself may, in that practitioner’s opinion, certainly be in the best interests of the client. In the circumstances specific to that client. But is the specific product being recommended in their best interests?

By virtue of the fact there are other products on the market, the specific product they are recommending might not be best suited to the client. If a practitioner were to advise on the terms of a product they have recommended (as required by their new additional duties), they would no doubt then have the responsibility to advise the client of other product on the market and explain the terms of those products as well. Or at the minimum, explain there may be more suitable products and offer to provide advice in relation to those products also.

A client who has taken up the practitioner’s offer ‘in the moment that is presented to them’ might subsequently return with a claim (or complaint) that another policy had better premiums, or that due to different exclusion clauses another policy would have responded to their subsequent predicament. They may point to the element of influence that was present at the time that they were steered towards the first product.

9. Summary

9.1 Practitioners who as part of a conveyancing transaction see benefit in title insurance may provide generic factual information and advise clients generally as to the insurance’s availability when advising on insurance that ought to be considered. Information that provides the names of known insurance providers who offer insurance relevant to their client’s needs is acceptable if the practitioner's involvement with the insurer is at arms-length. Otherwise, additional duties to the client may be triggered.

9.2 Whilst firms recommending and arranging insurance may benefit from financial services exclusions such as those found within ss766B(5) of the Corporations Act 2001 or reg 7.1 35A of the Corporations Regulations 2001, or authorised

distributorships or licence holding exemptions offered under referral arrangements, the content of the advice provided and the circumstances in which insurance is arranged must be carefully considered in the context of the same.

9.3 Practitioners recommending specific products must ensure that adequate advice is provided to the client. Disclaimers and letters of advice, or other attempts to limit liability, are not likely to be effective, even when there is a referral arrangement.

9.4 Recommending, arranging or advising a client to take out title insurance in substitution for legal advice and searches (whether or not an insurance referral arrangement exists) may not satisfy the practitioners’ legal and professional obligations to their client. An informed consent and release would be required.

9.5 Referral agreement / arrangements between insurance providers and practitioners can create complex and potentially conflicting duties. How title insurance is obtained needs to be managed carefully.

9.6 Overall, practitioners need to carefully consider any activity that involves putting forward a specific financial product and offering to arrange its acquisition. They need to consider how they can act in the clients best interests without (1) providing advice on other available options (while still remaining compliant with the act where not under the referral arrangements with all providers) or (2) keeping well clear of financial product advice by advising them to ‘shop around’ for a policy a acceptable to them (as is done with house and contents insurance).

This guideline does not constitute legal advice or an opinion on the merits of title insurance policies.

Policies

Aboriginal Inclusion Policy

The Law Society of Tasmania acknowledges the connection between the dispossession and exclusion of Aborigines, and Aboriginal disadvantage. Practices of inclusion including recognition of Aboriginal people at events, meetings and national symbols are a way of mitigating against the effects of such disposition and exclusion.

An Acknowledgement of Country is a way of showing awareness of and respect for the traditional Aboriginal owners of the land on which a meeting or event is being held, and of recognising the continuing connection of the Tasmanian Aboriginal people to their Country. It is a small but important gesture.

An acknowledgement of Country is an option for a speaker representing the Society to include during the Society’s formal events of the type that the presence of dignitaries is acknowledged, for example, at the commencement of formal dinners

The following is suitable wording for an Acknowledgment of Country:

1. For an event held in Hobart

We pay respect to the traditional and original owners of this land the Muwinina (mu wee nee nah) people, and to acknowledge today’s Tasmanian Aboriginal community who are the custodians of this land.

2. For an event held in Launceston

We pay respect to the traditional and original owners of this land the Panninher or Leterrermairrener (pronounced Par‐nin‐her, Letter‐ramare‐ run‐nah) people, and to acknowledge today’s Tasmanian Aboriginal community who are the custodians of this land.

3. For an event held in Burnie

We pay respect to the traditional and original owners of this land the Plairhekehillerplue (pronounced Pl‐air‐aka‐hill‐a‐ploo) people, and to acknowledge today’s Tasmanian Aboriginal community who are the custodians of this land.

The following terms are appropriate:

• Tasmanian Aborigines

• Tasmanian Aboriginal community

• Tasmanian Aboriginal people

Tasmanian Aborigines prefer not to be referred to as ‘indigenous’ people.

Approved by Council 17 May 2014

This policy draws on the text of Reconciliation Australia’s factsheet Welcome and Acknowledgement of Country, the Tasmanian Department of Premier and Cabinet webpage Acknowledgment and Welcome to Country, both accessed in March 2014.

Policy on Applications for Barrister Practising Certificates

1. The Society will not issue a barrister practising certificate unless the applicant has completed a period of supervised legal practice in accordance with either s59(1)(a) or (b) of the Legal Profession Act 2007 or the Society has granted the applicant an exemption under s59(3).

2. In cases where the applicant has not completed a period of supervised legal practice in accordance with either s59(1)(a) or (b) of the Legal Profession Act 2007, the Society will in exceptional circumstances but not otherwise, grant an exemption pursuant to s59(3) from the statutory condition to engage in supervised legal practice only.

3. The Society recognises that pursuant to Rule 6(1) of the Legal Profession Act (Barristers) Rules 2016 a barrister must serve pupillage in accordance with the pupillage rules unless –(a) he or she has previously served pupillage in Tasmania; or (b) he or she is an Australian lawyer of not less than ten years standing as an Australian legal practitioner; or (c) The Bar Council is satisfied he or she has relevant experience that is equivalent to the experience specified in paragraph (a) or (b).

4. In the case of practitioners not required to undertake pupillage under the Bar Rules, the Society may impose practising certificate conditions including supervision, mentorship or a period of pupillage.

5. Where a period of pupillage is considered appropriate the pupillage provisions of the Legal Profession (Barristers) Rules 2016 may be imposed with necessary modifications.

Endorsed by the Council of the Law Society of Tasmania on 25 March 2019

Gender Equitable Briefing Policy

The Australian legal profession is committed to promoting diversity, equality, respect and inclusion consistent with the principles of justice, integrity, equity and the pursuit of excellence upon which the profession is founded.

The Law Council of Australia supports measures to improve the retention within the profession of women barristers and has adopted a National Model Gender Equitable Briefing Policy that includes the introduction of measureable targets and reporting mechanisms.

This Law Society of Tasmania policy is based on the National Model Policy with necessary modifications.

The Policy

The Society encourages all persons or entities who brief or select barristers:

1. to make all reasonable endeavours to brief or select women barristers with relevant seniority, expertise, experience or interest in the relevant practice area;

2. by 1 July 2018 to offer women barristers a 10% increase in briefs based on briefs to women barristers for the financial year ending June 2016 and that there be a 10% increase in the value of brief fees paid to women barristers for the same period; and

3. to provide a confidential report to the Law Society by 30 September each year with respect to the measures taken to implement these targets.

In 2018, the targets will be reviewed to reflect the reporting provided by Policy adoptees.

What is the aim of the Policy?

The Society’s aim is to achieve a nationally consistent approach towards bringing about cultural and attitudinal change within the legal profession with respect to gender briefing practices.

Equitable briefing practices maximise choices for legal practitioners and their clients, promote the full use of the independent bar and optimise opportunities for practice development of all barristers.

Why is the Policy necessary?

The Society is committed to taking measures that ensure a level playing field for all members of the Australian legal profession.

In 2004, the Law Council supported the creation of a Model Briefing Policy because it was convinced that equitable briefing practices open up access to suitably qualified barristers and advocates, maximising choices for legal practitioners and their clients.

The objectives of the Policy are that it will (continue to):

• play an important role in the progression of women in the law, the judiciary and the wider community;

• redress the underrepresentation of women barristers in Australia;

• acknowledge that diverse groups bring a greater variety of experience and enhance decision making;

• promote the provision of role models for women in the legal profession generally;

• reflect the community expectations of fairness in all aspects of the administration of the law; and

• enhance the profession’s credibility by being representative of the composition of the community which it serves.

Who can adopt the Policy?

This Policy is formulated for adoption by any briefing entity.

The Policy may also be adopted by clients of briefing entities operating in Australia.

The selection of counsel is ultimately the decision of the client, and in-house counsel are encouraged to adopt and apply the Policy when instructing briefing entities and making their selection of barristers.

Barristers’ clerks and barristers can play a significant role in the effective operation of the Policy. When they are consulted by clients and briefing entities with a view to engaging barristers, all barristers’ clerks and barristers adopting the Policy will include women barristers in the relevant practice area among the names of barristers whom they suggest.

How is the Policy adopted?

Adoption of the Policy should be accompanied by notification or publication of its adoption internally and externally including to the Society. The Society and the Law Council will publish the names of those who have adopted the Policy.

What needs to be done when the Policy is adopted?

The Policy should be distributed widely within the briefing entity, client or other organisation.

The Society recommends that each briefing entity, client and organisation review their current briefing practices, having regard to the following questions:

• Do your briefing practices reflect the objectives of the Policy?

• How do you maintain a record of your briefing practices?

• Do you regularly review the panel of barristers whom you brief (if any)?

• How do your partners/staff receive ongoing training in ‘best briefing’ practices, including practices that will promote achievement of the targets?

• How do you foster and encourage women barristers?

Periodically there should be internal publication of reminders and refreshers about the adoption of the policy and its requirements.

What are the benefits to clients, briefing entities and barristers who adopt the Policy?

The benefits of the Policy include:

• expanding the existing and prospective pool of talent for barristers available for court appearance and advice work;

• meeting client expectations with respect to genuine participation and inclusion of women; and

• giving effect to gender equity in supply chains for the provision of legal services.

How to identify women barristers?

The Policy encourages genuine consideration of women barristers based on their skill, experience, expertise and interest. It encourages all practitioners (barristers, solicitors, in- house etc.) and barristers’ clerks/practice managers to seek out women barristers appropriate for the relevant matter.

For example:

• briefing entities are encouraged to prepare and maintain an internal referral list/data base of women barristers, which is regularly updated;

• briefing entities should liaise with local bar associations and chambers to obtain relevant information about women barristers such as up to date contact details, qualifications, seniority, practice areas and experience;

• briefing entities should invite women barristers to provide them with statements of their relevant experience and areas of interest;

• if a recommendation is sought from barristers, they should be asked whether there are appropriate women barristers to be considered; and

• if the client requests a list of barristers who might be engaged, women barristers should be included in that list.

Are the targets mandatory?

The targets are not mandatory.

The targets are not intended to be quotas or undermine clients’ right to select the barrister(s) to advise and appear on their behalf.

Can the targets be modified to address local conditions?

Briefing above the targets

The Society recognises that, in some practice areas, women barristers may be briefed to advise and appear in numbers higher than these targets.

The targets are not intended to limit the number of women barristers briefed. It is open to any briefing entity to adopt targets higher than those recommended in this Policy.

Where the proportion of available women barristers is low, briefing entities are encouraged to increase the proportion of briefs they provide to junior women barristers in excess of the targets in the Policy in order to nurture and develop expertise.

Briefing below the targets

The targets are intended to increase the number of women briefed in practice areas where women barristers are not briefed, infrequently briefed or where the pool of women briefed is small.

The Society also recognises that some briefing entities may need to set their own incremental annual targets and to extend the time to meet the targets in order to reflect the proportion of women barristers who are available to appear in remote and rural areas or in particular areas of practice.

Exceptions can be made where these targets are not achievable due to the gender make up in particular areas of practice or geographical locations, provided this is stated in the annual confidential report.

What happens if the targets are not achieved?

Where a briefing entity does not meet a target in the Policy, consideration should be given by that entity as to the reasons why a target was not achieved.

What are the reporting obligations?

Individuals and entities adopting this policy are asked to provide an annual confidential report on their briefing practices and measures taken to implement the Policy.

The confidential report will assist the briefing entity to achieve the targets and to assess how it might improve its briefing policies with respect to selection practices, costs and means to identify a pool of talented, experienced and skilled barristers of all genders.

The confidential report should address separately the figures for male and female barristers in respect of:

a. the number of barristers briefed during the year;

b. the number of those barristers who are senior barristers;

c. the number of those barristers who were junior barristers;

d. the number of those junior barristers who were briefed without a leader; and

e. the monetary value of the briefs.

Confidential reports should be provided to the Society by 30 September each year.

The Society will then report to Law Council by 30 October each year, with the Law Council publishing the figures on a State-by-State and National basis by 30 November each year. The material published will be in a format that does not identify any individual barristers, the source of the brief or the briefing entity.

The Law Council in consultation with its constituent bodies, briefing entities and other interested parties, will develop a standard form for reporting.

Consideration will be given at a national level to the creation of an online reporting portal to allow smaller firms to report on compliance with the Policy throughout the year.

What is the role and commitment of in-house counsel and clients who adopt the Policy?

Where they do not already do so, clients and in-house counsel may consider:

• requiring that the firms they engage confirm their adoption of the Policy

• requesting regular reporting from firms as to their performance against the targets, both overall and on matters for that client; and if women barristers are not recommended or targets are not met, asking “why not?”

What is the role and commitment of barristers who adopt the Policy?

In addition to targets identified in this Policy, barristers who adopt the Policy will ensure that all recommendations they make of other barristers include at least one woman, unless there is no qualified woman.

Barristers should provide a confidential annual report to the Tasmanian Bar, at such time as determined by it. A barrister’s report should address the following information, by reference to gender:

a. the number of barristers briefed as their junior or as their leader during the year;

b. the number of barristers who were briefed as junior barristers as a result of a recommendation by senior barristers (if known);

c. the number of barristers who were briefed as senior barristers as a result of recommendations by junior barristers (if known); and

d. the number of barristers recommended to briefing entities in new matters.

Barristers’ clerks should work with barristers who adopt the Policy to develop practices and protocols to assist with their reporting obligations.

Are there resources to assist implementing the Policy?

Many Bar Associations and Law Societies have online resources which are publicly available. Likewise, Australian Women Lawyers and State Women Lawyers’ Associations have publicly available resources.

Local Bar Associations and Law Societies will assist with the implementation of the Policy by adopting appropriate strategies, including education, information and resources. Barristers’ clerks and practice managers can assist with information, recommendations and introductions.

The Law Council will assist the constituent bodies to provide templates for

reporting, regular information and education seminars and workshops directed to implementing the Policy as required.

Review and development of the Policy

The Society also recognises the desire to develop equitable briefing practices that reflects broader aspects of diversity, including with regards to race and other attributes.

The Society recognises the need to continue to review the Policy from time to time to ensure the Policy is appropriate and adapted to achieve its purpose. The targets will be reviewed in July 2018 and the Law Council will continue ongoing discussions with its constituent bodies to monitor the impact of the Policy and consider its broader application beyond gender.

Definitions and expressions used in the Policy

For the purpose of the Policy:

barrister means a member of an independent State or Territory Bar.

brief means the engagement of legal services provided by barristers and includes barristers’ work in judicial (before Courts and tribunals), non-judicial (through commissions of inquiry, investigations, negotiation, mediation or arbitration) and advisory work.

A brief may count towards the targets in this Policy by reference either to the retention of a barrister or to the provision on behalf of a barrister of an invoice for fees, depending upon the length and scope of the matter.

briefing entity is a person, corporation, entity, firm, partnership, government or body who recommends or briefs Australian barristers to advise or to appear in Australia or overseas.

senior barrister is a barrister of 10 or more years standing at the independent bar or is a Queen’s Counsel or Senior Counsel, and junior barrister means all other barristers.

Approved by Council on 27 July 2016

Guidelines

President’s Award Policy

1. The award may be made annually

2. To be eligible to receive the award, a legal practitioner must practise in Tasmania

3. An award will not be made in the absence of a suitable nomination.

Criteria

A practitioner may be nominated for the President’s award provided one or more of the following criteria is satisfied

The nominee:

1. has made an outstanding contribution to the Tasmanian legal profession, or 2. is an outstanding example to the legal profession.

Process

1. The award is to be judged by the current and two previous Presidents of the Law Society of Tasmania,

2. Nominations are to be made by 1 December each year, and are treated in confidence,

3. The award will be conferred at the dinner to mark the Opening of the Legal Year.

Nature of the Award

1. A framed certificate for presentation to the winner, 2. A voucher to the value of $500 for redemption at a legal publisher, 3. A cheque in the amount of $500,

4. Two complimentary tickets to the Opening of the Legal Year Dinner.

Approved by the Council on 23 July 2011

Pro Bono Policy

The Law Society of Tasmania encourages its members to provide pro bono legal services as part of their wider professional responsibility as legal practitioners.

Pro Bono legal work is a voluntary activity that has been and continues to be part of practice traditionally adopted by the legal profession.

Pro bono legal services involve the provision of any services by lawyers or other staff which will enhance access to justice for disadvantaged persons or organisations and/or promote the public interest including circumstances where a practitioner without fee or without expectation of a fee or at a reduced fee, advises and/or represents a client in cases where:

(a) a client has no other access to the courts and the legal system and/or, (b) the client’s case raises a wider issue of public interest.

Pro bono legal services are not a substitute for the proper funding by governments of legal aid services or community legal centres.

Approved by the Council on 23 July 2011

Solicitors’ Certificates / Certificate of Independent Legal Advice

A Solicitor’s Certificate is a document that confirms a borrower or guarantor has received independent legal advice regarding a loan and associated security documents. By obtaining a Solicitor’s Certificate, lenders can be confident that the borrower or guarantor understands the potential liabilities and risks involved in signing the security documents.

Guidance for Legal Practitioners

Legal practitioners may:

• accept a retainer to give independent advice to a client, and

• provide a Solicitor’s Certificate if that action is the appropriate means of achieving the desired outcome for the client;

provided the practitioner acts prudently and professionally.

Practitioners who choose to practice in this area should take appropriate care and seek adequate remuneration for their services given the inherent risks, the skills required and the time and care which must be taken. A solicitor not only needs to ensure that the client understands the risks associated with signing the documents but also that the documents contain the terms the client agreed to.

‘Solicitors certificates are fraught with difficulty if practitioners do not treat them seriously and have good systems in place. We regularly see claims where the client alleges they received no or inadequate advice about mortgage or guarantee they were entering into but the lawyer says they did give advice. Invariably there is not sufficient written evidence to show what that advice was.’ (lplc.com.au)

The insurers of solicitors in Victoria, the Legal Practitioners’ Liability Committee, have several publications providing guidance on this issue. Though the publications are specifically aimed at Victorian practitioners, the guidance which is of a general nature is relevant to Tasmanian practitioners.

The Committee recommends the following resource links:

a) Solicitors’ Certificates – Checklists, Articles and Other Resources

b) Seven Ways to Avoid a Solicitors’ Certificates Claim

c) Establishing Identity – This LIJ article looks at the 2020 case of C&F Nominees Mortgage Securities Ltd v Karbotli & Ors [2020] in which the Court found reasonable steps to verify identity were not fulfilled and provides key takeaways for lenders and legal advisers.

d) Rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules

March 2023, Property & Commercial Law Committee, Law Society of Tasmania

Policy on Submissions, Media Comment and Rule of Law Principles

The purpose of this policy is to:

1. Give guidance to those preparing submissions and making media comment on behalf of the Law Society of Tasmania in furtherance of its functions and objects, and

2. Articulate some key rule of law principles endorsed by the Society.

The Society’s functions and objects include to:

• Represent generally the views of the legal profession;

• Promote the maintenance and just reform of the law, and

• Communicate information on the law and matters related to the law.1

The Society furthers those objects by making submissions including to government, parliamentary committees and individual members of parliament. Such submissions are generally prepared by the Society’s committees and working parties formed by its Council.

Submissions made on behalf of the Society including its committees must be endorsed by the Council or the President and Executive Director before being disclosed.

The President may make media comment on behalf of the Society in furtherance of those objects and may authorise others to do so where necessary from time to time. The Council may authorise spokespeople to make media comment on behalf of the Society in respect of particular matters or areas of law.

In general, it is appropriate for those preparing submissions and making media comment in respect of the law, legislation, proposed law reform and government policy and practice to do so in reference to compliance with rule of law principles.

A submission or media comment that goes beyond the application of rule of law principles may be appropriate but care must be exercised.

The key rule of law principles set out in this policy are:

• Not an exhaustive list of rule of law principles but those specifically endorsed by the Society, and

• Taken directly or adapted from the Law Council of Australia’s Policy Statement Rule of Law Principles March 2011 and the work of the Law Council of Australia is acknowledged

Key Principles

1. The law must be both readily known and available, and certain and clear

In particular, people must be able to know in advance whether their conduct might attract criminal sanction or a civil penalty. For that reason:

a. Legislative provisions which create criminal or civil penalties should not be retrospective in their operation.

b. The intended scope and operation of offence provisions should be unambiguous and key terms should be defined. Offence provisions should not be so broadly drafted that they inadvertently capture a wide range of benign conduct and are thus overly dependent on police and prosecutorial discretion to determine, in practice, what type of conduct should or should not be subject to sanction.

c. The fault element for each element of an offence should be clear.

2. The law should be applied to all people equally and should not discriminate between people on arbitrary or irrational grounds

In particular, no one should be regarded as above the law and all people should be held to account for a breach of law, regardless of rank or station. Furthermore:

a. Everyone is entitled to equal protection before the law and no one should be conferred with special privileges.

b. Where the law distinguishes between different classes of persons, for example on the basis of age, there should be a demonstrable and rational basis for that differentiation.

3. All people are entitled to the presumption of innocence and to a fair and public trial

In particular, no one should be subject to punitive action by the state unless he or she has first been found guilty of an offence by an independent, impartial and competent tribunal. Inherent in this is a prohibition on indefinite detention without trial. Furthermore:

a. No one should be compelled to testify against him or herself. Where a person is subject to questioning by the state, he or she should be given appropriate warnings about this right. Where a person is compelled to provide information to the state, there should be a prohibition on that information, or further information derived from it, being used in proceedings against that person (that is there should be use and derivative use immunity).

b. Upon arrest and/or charge, a person should be fully and promptly informed of any offence which he or she is alleged to have committed and, at trial, an accused person should be afforded a meaningful opportunity to interrogate and challenge the information which is relied upon against him or her.

c. A person who is subject to criminal charge should be tried without undue delay. Where the time delay between the conduct constituting an offence and the

3 prosecution for that offence is such that it will unduly prejudice a person’s ability to defend themselves, proceedings should be stayed, except where the person has caused or substantially contributed to the delay.

d. Persons awaiting trial should not generally be detained in custody, unless they are a demonstrated flight risk or their release poses a demonstrated risk to the community or ongoing investigation.

e. The state should be required to prove, beyond reasonable doubt, every element of a criminal offence, particularly any element of the offence which is central to the question of culpability for the offence. Only where a matter is peculiarly within the defendant’s knowledge and not available to the prosecution, should the defendant bear the onus of establishing that matter. Even then the defendant should ordinarily bear an evidential, as opposed to a legal burden.

f. The state should be required to prove that a person intended, or at the very least was reckless about, each physical element of an offence in order for a person to be found guilty of that offence. Strict and absolute liability should only be applied to less serious offences and where such an approach is necessary for the success of the relevant regulatory regime.

g. A person convicted of a crime should have the opportunity to have his or her conviction and sentence reviewed by a higher tribunal.

4. Everyone should have access to competent and independent legal advice

In particular, everyone should have access to a competent and independent lawyer of their choice in order to establish and defend their rights. Furthermore:

a. The state should provide adequate resources to guarantee access to a competent and independent lawyer in circumstances where individuals do not have the independent means to retain a lawyer.

b. Lawyer-client communications should be regarded as confidential, except where lawyer and client are together engaged in conduct that is calculated to defeat the ends of justice or is otherwise in breach of the law.

c. Lawyers should not be subject to sanction or discrimination as a result of the legal advice or representation they have provided, except where that advice fails to comply with agreed standards of professional conduct.

d. Lawyers should be given timely access to relevant information and documents about their client in order to enable them to provide effective legal assistance to their clients.

5. The Judiciary should be independent of the Executive and the Legislature

The existence of an independent, impartial and competent judiciary is an essential component of the rule of law. On that basis:

a. Procedures for appointing judicial officers should be based on identifying individuals of integrity and ability with appropriate training or qualifications in law and should not be such that they compromise the independence of those appointed.

b. The term of office of judges, their independence, security, remuneration, conditions of

pensions and the age of retirement should be adequately secured by law.

c. Judicial officers should have the power to control proceedings before them and, in particular, to ensure that those proceedings are just and impartial.

d. The allocation of cases to judges within a particular court should be an internal matter of judicial administration.

e. Legislation, particularly legislation which seeks judicial authorisation for executive action, should not limit judicial discretion to such an extent that the Judiciary is effectively compelled to act as a rubber stamp for the Executive. The Judiciary should always have sufficient discretion to ensure that they can act as justice requires in the case before them.

f. In criminal matters, judges should not be required to impose mandatory minimum sentences. Such a requirement interferes with the ability of the judiciary to determine a just penalty which fits the individual circumstances of the offender and the crime.

6. The Executive should be subject to the law and any action undertaken by the Executive should be authorised by law.

Executive powers should be carefully defined by law, such that it is not left to the Executive to determine for itself what powers it has and when and how they may be used. In particular:

a. Where legislation allows for the Executive to issue subordinate legislation in the form of regulations, rules, directions or like instruments, the scope of that delegated authority should be carefully confined and remain subject to parliamentary supervision. Moreover, the Executive should not be able to issue an instrument which creates new offences or confers new powers on Executive agencies.

b. The use of executive powers should be subject to meaningful parliamentary and judicial oversight, particularly: powers to use force; to detain; to enter private premises; to seize property; to copy or seize information; to intercept or access telecommunications or stored communications; to compel the attendance or cooperation of a person; or to deport a person. Mechanisms should be in place to safeguard against the misuse or overuse of executive powers.

c. Where the Executive has acted unlawfully, anyone affected should have access to effective remedy and redress.

d. Executive decision making should comply with the principles of natural justice and be subject to meaningful judicial review.

7. No person should be subject to treatment or punishment which is inconsistent with respect for the inherent dignity of every human being

In particular:

a. No person should be subject to torture. Information obtained by torture should be inadmissible in any legal proceedings. Adequate provision should be made to prosecute and punish the perpetrators of such conduct.

b. No person should be subject to cruel, inhuman or degrading treatment or punishment. No person should be held in conditions of detention which amount to cruel, inhuman

or degrading treatment. Information obtained by cruel, inhuman or degrading treatment should be inadmissible in any legal proceedings. Adequate provision should be made to prosecute and punish the perpetrators of such conduct.

c. No person should be subject to the death penalty.

8. States must comply with their international legal obligations whether created by treaty or arising under customary international law

Both states and individuals are entitled to expect that other states will comply with and honour their international legal obligations, including obligations relating to the promotion and protection of human rights. States must avoid inconsistencies between their international legal obligations and their domestic laws and policies.

Approved by Council 16 May 2015

Council Travel, Accommodation and Hospitality Policy

1. Introduction

This Policy is designed to provide guidance to Council members in relation to their entitlements to travel, accommodation and hospitality whilst serving as Council members.

2. Travel

The Society will pay the full cost of airfares and transfers to and from home or office and airports, or a mileage allowance if driving, for Council members travelling to or from approved Society or Council meetings or events arising out of a Council member’s responsibilities.

Unless otherwise approved by the Council, only economy class airfares will be paid by the Society.

Mileage allowance will be at the annual rate per kilometre.

3. Accommodation

The Society will pay the accommodation charges (room and breakfast) of Council members attending approved Society or Council meetings or events. Such accommodation charges exclude incidental costs incurred by Council members.

Council members are responsible for the payment of accommodation and incidental costs incurred by their partners or guests.

4. Hospitality

The Society will pay the cost of meals and refreshments of Council members attending approved Society or Council meetings or events.

Council members are responsible for the payment of meals and refreshments incurred by their partners or guests.

Approved by the Council on 23 July 2011

Guidelines

Young Lawyer’s Award Policy

1. The award may be made annually.

2. To be eligible to receive the award, a legal practitioner must practise in Tasmania, and have less than five years of post-admission experience.

3. An award will not be made in the absence of a suitable nomination.

Criteria

A practitioner may be nominated for the Young Lawyer’s award provided one or more of the following criteria is satisfied. The nominee:

1. has made an outstanding contribution to the Tasmanian legal profession during the first five years of practice; or

2. is an outstanding example to the legal profession.

Process

1. The award is to be judged by the current and two previous Presidents of the Law Society of Tasmania, and a representative nominated by the Tasmanian Young Lawyers’ Committee

2. Nominations are to be made by 1 December each year and are treated in confidence

3. The award will be conferred at the dinner to mark the Opening of the Legal Year.

Nature of the Award

1. A perpetual trophy presented to the winner; and

2. A cheque in the amount of $500 for reimbursement of costs for attending professional development events over the following year; and

3. Two complimentary tickets to the Opening of the Legal Year Dinner.

Approved by the Council on 23 July 2011

Zero Tolerance Policy Statement on Sexual Harassment, Workplace Bullying and

Unlawful

Discrimination

1. Position Statement

The Law Society of Tasmania recognises that sexual harassment, workplace bullying and unlawful discrimination within the legal profession are problems requiring considered and targeted responses.

As the peak body for the profession, the Society has an essential role to play in leading the profession towards healthy, safe, inclusive and respectful workplaces1

The Society will not tolerate sexual harassment, workplace bullying and unlawful discrimination within the legal profession.

The Society is determined to do all it can to address these behaviours to ensure that all legal practitioners, whether working in the public or private sectors or in-house are treated with respect, courtesy and fairness and that the standards expected of the profession are maintained at all times.

2. Guidelines regarding sexual harassment, workplace bullying and unlawful discrimination

The following is intended as a starting point for legal practitioners seeking general information about their professional obligations in relation to sexual harassment, workplace bullying and unlawful discrimination within the legal profession

This information is not an exhaustive statement of the relevant professional obligations that might apply to specific circumstances.

These Guidelines are not intended to, and do not, replace or amend a legal practitioner’s obligations under the Legal Profession (Solicitors' Conduct) Rules 2020 (Tas) z

2.1 Regulatory Framework

(a) Federal legislation

Australian Human Rights Commission Act 1986 (Cth)

Disability Discrimination Act 1992 (Cth)

Racial Discrimination Act 1975 (Cth)

Sex Discrimination Act 1984 (Cth)

1Legal Profession (Solicitors' Conduct) Rules 2020 rules 7, 8 and 47.

Age Discrimination Act 2004 (Cth)

Workplace Gender Equality Act 2012 (Cth)

Fair Work Act 2009 (Cth)

Privacy Act 1998 (Cth)

(b) Tasmanian legislation

Anti-Discrimination Act 1998 (Tas)

Work Health and Safety Act 2012 (Tas)

Legal Profession (Solicitors' Conduct) Rules 2020 (Tas)

2.2 Rule 47 of the Legal Profession (Solicitors' Conduct) Rules 2020 (Tas) Rule 47 of the Legal Profession (Solicitors' Conduct) Rules 2020 (Tas) provides:

Anti-discrimination and harassment (ASCR 42)

A solicitor must not, in the course of practice, engage in conduct which constitutes –

(a) discrimination; or

(b) sexual harassment; or (c) workplace bullying.

Bullying, discrimination and sexual harassment perpetrated by a legal practitioner may constitute a breach of the Conduct Rules and could accordingly result in a finding of unsatisfactory professional conduct or professional misconduct against the practitioner.

3. Definitions

What is sexual harassment?

Sexual Harassment is usually defined as unwelcome conduct of a sexual nature where a reasonable person would expect the person to feel offended, humiliated or intimidated.

Section 17(3) of the Anti-Discrimination Act 1998 (Tas) provides:

(3) Sexual harassment takes place if a person –

(a) subjects another person to an unsolicited act of physical contact of a sexual nature; or

(b) makes an unwelcome sexual advance or an unwelcome request for sexual favours to another person; or

(c) makes an unwelcome remark or statement with sexual connotations to another person or about another person in that person's presence; or

(d) makes any unwelcome gesture, action or comment of a sexual nature; or

(e) engages in conduct of a sexual nature in relation to another person that is offensive to that person –in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated, intimidated, insulted or ridiculed.

Sexual harassment is prohibited by the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1998 (Tas).

The following is drawn from an article published by the Law Society of New South Wales2:

Staring or leering at someone, making sexually suggestive comments or jokes, inappropriate advances of an employee on a social networking sites, and intrusive questions about a person’s private life or physical appearance may constitute sexual harassment.

There has been a significant increase in the damages awarded for sexual harassment, reflecting the change in community standards and expectations. The landmark 2014 decision in Richardson v Oracle Corporation Australia Pty Ltd [2014]3, where the plaintiff was awarded $130,000 in damages for sexual harassment, was significant for rejecting the notion of a “permissible range” of damages.

A sexual harassment complaint may be made against individuals and their employers. Employers are not automatically liable for their employees’ sexual harassment conduct. However, an employer must show they have taken reasonable steps to minimise the risk of sexual harassment in the workplace to avoid being held vicariously liable for an employee’s conduct.

What are “reasonable steps”

In the case of Richardson v Oracle it was held that it was not sufficient to have policies, procedures and training in place that prohibit sexual harassment. It found that an employer should have a “lively and real interest” in the discipline for sexual harassment, and that it is important that employees are aware that it is against the law to sexually harass anyone in the workplace. Also, they need to identify the source of federal and state legislation that makes it unlawful to sexually harass anyone in the workplace.

What is workplace bullying?

“Bullying” is defined in section 7889FD of the Fair Work Act 2009 (Cth)

The Australian Government Fair Work Ombudsman website states:

A worker is bullied at work if:

(a) a person or group of people repeatedly act unreasonably towards them or a group of workers

(b) the behaviour creates a risk to health and safety.

Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.

Examples of bullying include:

• behaving aggressively;

• teasing or practical jokes;

• pressuring someone to behave inappropriately;

• excluding someone from work-related events; and

2 Petrine Costigan & Kate Green, ‘Managing sexual harassment in the workplace’, The Law Society of New South Wales, 1 May 2018

3 Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82

• unreasonable work demands.

The source of bullying behaviour may be a client, colleague, judicial member, supervisor or any other member of the profession.

What isn’t bullying?

Reasonable management action that's carried out in a reasonable way is not bullying.

An employer or manager can:

• make decisions about poor performance;

• take disciplinary action; and

• direct and control the way work is carried out.

Management action that isn't carried out in a reasonable way may be considered bullying.

What is unlawful discrimination?

Discrimination on the basis of a protected attribute may be unlawful under Federal and Tasmanian anti-discrimination legislation as well as under the provisions of the Fair Work Act 2009

The Australian Government Fair Work Ombudsman website provides: Discrimination occurs in the workplace when an employer takes adverse action against an employee or prospective employee because of a protected attribute.

What are the protected attributes?

Protected attributes include:

• Race

• Colour

• Sex

• Sexual orientation

• Age

• Physical or mental disability

• Marital status

• Family or carer's responsibilities

• Pregnancy

• Religion

• Political opinion

• National extraction

• Social origin.

What is adverse action?

Adverse action includes doing, threatening or organising any of the following:

• firing an employee

• injuring the employee in their employment, eg. not giving an employee legal entitlement such as pay or leave

• changing an employee's job to their disadvantage

• treating an employee differently than others

• not hiring someone

• offering a potential employee different and unfair terms and conditions for the job compared to other employees.

When can discrimination occur?

Discrimination can happen:

• to someone applying for a job as an employee

• to a new employee who hasn't started work

• to an employee at any time during employment.

What isn't discrimination?

Adverse action isn't always discrimination, even though it might seem to be. There can be lawful reasons that have nothing to do with someone's personal characteristics.

It's not discrimination if the actions:

• are allowed under state or federal anti-discrimination law;

• are taken against an employee of a religious institution to avoid harming the organisation's religious beliefs;

• do not relate to one of the protected attributes; or

• relate to the necessary requirements of the job.

The following attributes are protected attributed under the Tasmanian AntiDiscrimination Act (1998):

• race;

• age;

• sexual orientation;

• lawful sexual activity;

• gender;

• gender identity;

• intersex variations of sex characteristics;

• marital status;

• relationship status;

• pregnancy;

• breastfeeding;

• parental status;

• family responsibilities;

• disability;

• industrial activity;

• political belief or affiliation;

• political activity;

• religious belief or affiliation;

• religious activity;

• irrelevant criminal record;

• irrelevant medical record; and

• association with a person who has, or is believed to have, any of these attributes.

A complaint of unlawful discrimination may be made against an individual and, or alternatively, their employer. An employer is not automatically liable for their employee’s conduct in breach of anti-discrimination legislation. However, an employer must show they have taken reasonable steps to ensure their employees do not engage in conduct in breach of anti-discrimination legislation to avoid vicarious liability for an employee’s conduct.

Here are some steps to address the issues set out in this statement:

• Educate yourself and your employees about what constitutes sexual harassment, bullying and unlawful discrimination and the legislation that makes it unlawful to sexually harass, bully or unlawfully discriminate anyone in the workplace. Examples of resources include the websites of the Australian Human Rights Commission’s and the Office of the AntiDiscrimination Commissioner of Tasmania (Equal Opportunity Tasmania) provide excellent tools and material to assist.

• Implement a system to induct new employees and continually re-educate existing employees about what constitutes sexual harassment, bullying and unlawful discrimination, and that it is unlawful.

• Act when a complaint of sexual harassment, bullying and unlawful discrimination is made. Investigate the complaint, support the employee who has made the complaint and the employee who the complaint is made about. Ensure that any investigation is impartial, fair and provides procedural fairness to everyone involved.

Approved by Council of the Law Society of Tasmania – 15 May 2021

Acknowledgement This position statement and guidelines draw heavily on the work of the Law Societies of South Australia and Queensland.

Annual Report

Your Society

The Law Society of Tasmania provides professional services, resources, support and benefits to its members and the legal profession in general.

The Law Society of Tasmania has two major functions. The first is as a regulator of the legal profession of the State of Tasmania. The second is to provide services to its members to assist in maintaining high standards of practice in the Tasmanian legal profession.

The services offered to Law Society of Tasmania Members are designed to assist the provision of timely and effective delivery of legal services. Hence, the Soicety has focussed on areas such as education, indemnity insurance and risk management. The Society also provides a counselling service to members and a range of other personal and practice related benefits.

2022/2023 Council Members

Julia Higgins * Vice President

Amanda Thompson* President

Alison Wells * Treasurer

2022/2023 Council Members

* Indicates membership of the Executive Committee

Imogen Cook

Amber Cohen

Helen Bassett

Samuel Claessens

Dinesh

Loganathan

Rohan

Foon

Simon Gates

Amelia Higgs *

Will Justo

Robert Hegarty *

Carey Higgins *

Callum Purcell

Luke Taylor

Committees 2022-2023

The Law Society Council 2022 – 2023

President

A M J Thompson

Vice-President

J Higgins

Hon Treasurer

A Wells

Council

T McKenna (part year) (S), H Bassett (N-W), R Hegarty* (N), R Foon (N), W Justo (S), A Thompson* (S), J Higgins* (N), A Cohen (N), C Higgins* (S), I Arendt (part) (S), A Wells* (S), S Gates* (NW), A Higgs* (S), D Loganathan (S), C Purcell (N-W), S Claessens (part-year) (N), I Cook (part-year) (S), L Taylor (part-year) (S)

(*Executive Committee Member)

Executive Director

L O Rheinberger

Deputy Executive Director

F Beattie

Law Council of Australia Director

R Foon

Committees 2022-2023

Northern Regional Committee

P J Lebski [ Chair and Secretary]

Southern Regional Committee

A Thompson [Chair]

North-West Regional Committee

A Mihal [Chair and Secretary]

Criminal Law Committee

I Arendt [Chair], J Crotty, P Slipper, H Aston, C Graves, B Lewis, N Wong, R Mainwaring, C Scott, D Loganathan

Litigation Committee

L Taylor (Chair), P Dordhain, G McDonald, E Burrows-Cheng, M Wilkins, L Thompson, V Murray, A Buckley, A Williams

Property & Commercial Law Committee

A Bobbi [Chair], A Kostezky, S Pullinger, R Jorgensen, W Justo, A Logan, S Thomas-Wilson, Z Donnellan, S Perraton, H McCracken

Employment, Diversity & Inclusion Committee

A Higgs [Chair], H Farquhar, S Buscemi, A Ryan, S Clarke, A Wells, Y Cehtel, H Pill, C Green, E Creak

Continuing Professional Development Committee

T McKenna (Chair), C Higgins, R Hudson, H Bassett

Elder & Succession Law Committee

A Wiss [Chair], K Martin, K McLagan, V Murray, S Llewellyn, J French

Pro Bono Referral Service

T Dargaville [Chair], C Bookless, J Hutchison, A Ryan, C Higgins, P Slipper, K Starkey

Family Law Committee

M Ryan [Chair], K Mooney SC, D Harper, L Connelly, S Rofe, M Scolyer, K Wylie, T McKenna, Z Dwyer

Wellbeing Committee

S Gates [Chair], S Rofe, J Standaloft, R Irwin, E White, C Mackie, H Farquhar, O Fisher, C Scott, M Williams, S Harris

Committees 2022-2023

Southern Early Career Lawyers Committee

S Ashby, L Ringwaldt [Co-Presidents], B Goh [Treasurer], R Holbrook [Secretary], G Morris [Communications and Social Media Officer], Z Dwyer [CPD Officer], A Clarkson [Social Co-ordinator] Members: J Farmer, A Robinson-Herbert, C Denehy, S Harris, S Griffin, M Scolyer, E Law, E Burrows-Cheng

Northern Early Career Lawyers Committee

J Stewart [President], B Kurdistan [Vice-President], T Drew [Secretary], A Lonergan [Treasurer], A Pemberton [Social Function Coordinator], L Lim [Sponsorship and Marketing], S Cronin [CPD Co-ordinator]

North-West Early Career Lawyers Committee

A Scott [President], C Tregurtha [Vice-President], S Warren [Secretary], A Cawston [Treasurer], J Standaloft [CPD Co-ordinator]

The Society’s Nominees on Other Bodies

Board of Legal Education

J Higgins [part year], A Mills [part year], L O Rheinberger [Secretary]

Law Council of Australia – Legal Practice Section

Australian Law Management Group – Executive Committee

F Beattie

Law Council of Australia – Equal Opportunity Committee

A Higgs [part year], C Green [part year]

Law Council of Australia – Legal Practice Section

Australian Property Law Group – National Committee

A Bobbi

Law Council of Australia - Finance and Risk Committee

R Foon

Law Council of Australia – Rural, Regional & Remote Committee

C Garwood (Co-chair)

Law Council of Australia – Futures Committee

C Garwood

Law Council of Australia – National Criminal Law Committee

P Morgan, K Baumeler [Alternate], F McCracken

Law Council of Australia – National Elder and Succession Law Committee

K McLagan

Law Council of Australia – National Electronic Conveyancing System Committee

A Bobbi

Law Council of Australia – Professional Ethics Committee

P Jackson SC

Law Council of Australia – Young Lawyers Committee

C Purcell [part year], T Drew [part year]

Legal Aid Commission

M Verney

Council of Law Reporting

S Thompson

The Society’s Nominees on Other Bodies

Law Foundation of Tasmania

A Thompson [Chair], N Readett, L Mackey, S Gates, J Higgins, L O Rheinberger [Secretary]

Centre for Legal Studies

M Rapley, A Smith, A Thompson, L O Rheinberger [Secretary]

Solicitors’ Trust

P Kuzis, D Wallace [part year], A Walker [part year]

Legal Profession Board of Tasmania

G Jones, A Mihal

Launceston Magistrates Court Users Group

J Oxley

Hobart Magistrates Court Users Group

C Graves

Associated Bodies

Family Law Practitioners’ Association of Tasmania

L Mollross [Chair], S Hunt [Vice-Chair North], J Hamilton [Vice-Chair North-West], S Harris [Secretary], T Freeman [Treasurer], R Van Meer, A Scott, M Scolyer, S Dalwood, H Bassett, C Burns, A Lydon, K Mussared, R Murray, C Jacobs, K Starkey, J Higgins

Tasmanian Women Lawyers

S Mead [President], L Sundram [Vice-President], L King-Roberts [Secretary], , V Dawkins [Treasurer], S Holloway [Membership Officer, Social Media, North and North-West Representative], A RobinsonHerbert [Australian Women Lawyers Director]

President’s Report

• The Society now does an exit survey for members leaving the profession.

The Society’s Annual Report provides an opportunity to report to the profession, and wider community on the Society’s important work, goals and financial circumstances. The Society has once again had a successful year and built on the significant work of previous years. Some of the highlights include:

Attraction & Retention

• A major focus for this year has been attraction and retention. We have built on the work of previous Presidents and Council members by continuing the work of the attraction and retention working group.

• The Society will soon be rolling out a series of CPDs for early career lawyers on the basics of practice and billing. This series will start in the South on 13 October and be delivered in the regions early in the new year.

• We are working with the Tasmanian Legal Practice Course to give graduates an experience of both the North West and North during their time at the Course.

• We are working with the University of Tasmania to establish an internship program in the regions to begin with and will be shortly calling upon firms to host interns.

• The Employment Diversity and Inclusion Committee have conducted a salary survey that will be used to better understand the issues of attraction and retention.

Practice and Wellbeing

• Closely linked to the issue of attraction and retention is the issue of the lack of criminal lawyers and lawyers generally. We are acutely aware that many practitioners (not just criminal practitioners) are feeling the pressure of their workloads.

• It is important that practitioners take holidays and have the opportunity to disconnect. This is becoming a harder reality for many and the wellbeing of our members is paramount. We hear you and the Wellbeing Committee are continuing to do their important work in this space to make sure that services are available to practitioners. Wellbeing Services and Resources

Criminal Practice, Court Backlog and Disclosure

• The Society is working with Tasmania Police and the Department of Justice to continue the important work on the roll out of an electronic disclosure process. There has been a trial of electronic disclosure in the South. While this is not a perfect system it is an important step to prepare for the commencement of the Magistrates Court (Criminal and General Division) Act

• The Court backlog has been a central focus of many news outlets for a period of years now and this year has been no exception. I

have regularly made comment to the media on the issue. While is it a complicated issue, many factors, including the lack of criminal lawyers contribute.

• The Law Society is well aware of the issues including the shortage of criminal lawyers. As an incentive the Society provides a rebate equal to 50% of the professional indemnity insurance premium to private practitioners (excluding barristers) who certify that they do 50% or more criminal work. In 2022/23 only 16 practitioners claimed the rebate. This equates to only approximately three per cent of practitioners in firms.

Federal Court

• The Society has met with the Chief Justice of the Federal Court and Justice McElwaine and has been working closely with the Tasmanian Bar to reignite the Federal Court Users Group.

• The low number of filings in the Federal Court registries is alarming. It is likely a case of ‘use it or lose it’. The Federal Court Users Group is an established group of practitioners and barristers that will be working with firms, with the assistance of the Court, on the utilisation of the Federal Court. This will include basic and advanced CPD and working with firms on practical ways to use the Federal Court.

Stakeholder Meetings

The Society has engaged in regular meetings with the Attorney General and Shadow Attorney General, the Secretary of the Department of Justice, the Judiciary, Tasmania Police including Police Prosecutions, the Tasmanian Prison Service, Tasmania Legal Aid, the University of Tasmania, the Law Council of Australia, individual practitioners and many more relevant stakeholders.

Finances

As you will see from the Treasurer’s Report the Society is financially robust as a result of decisions made by this Council and its predecessors. The Society was pleased to have negotiated a significantly reduced professional indemnity insurance premium which meant each practitioner paid approximately $750 less for insurance in 2023/24 than was paid in the previous year.

It has been a pleasure to be your President for the 2022/23 year and I thank you all for your assistance throughout the process. It also should be noted that the work of the Law Society staff, Luke, Francesca, Amal, both Shelley’s, John and Amanda does not go unnoticed. You are all incredible and I thank you all for the work that you do. Thank you also to this years’ Council and Executive for their service. A special mention to Julia Higgins for being an excellent Vice President, I am sure she will serve you all well, should she be elected as President.

AMANDA THOMPSON PRESIDENT

Treasurer’s Report

On behalf of the Law Society of Tasmania I present the Society’s annual financial statements for the financial year ending 30 June 2023. I acknowledge and thank the following people for their support and assistance:

• Mr Bruno Palermo, Collins SBA;

• Mr John Zuleta, the Law Society of Tasmania;

• Mr Luke Rheinberger, Executive Director of the Law Society of Tasmania; and

• Ms Francesca Beattie, Deputy Director of the Law Society of Tasmania

It is pleasing to report the Society enjoyed a Net Profit of $180,313 for 2023, as compared to 2022’s net loss of $61,022. This represents an increase of $241,335 on last year.

2023’s net profit increase is attributable to the significant increase in revenue. Revenue for the year was $2,536,659, being a 5% increase on 2022. The increase in revenue was primarily due to the

PII Mutual Fund Surplus and an increase in practising certificate fees of $107,804 during the 2023 financial year. 2023 also saw a significant increase in event income – from $25,811 for 2022, to $57,532 for 2023.

Some operating expenses have significantly increased:

• Continuing professional development increased by $56,592;

• Salaries and superannuation increased by $87,764; and

• Legal fees increased by $16,338.

Overall this was a great result for the Law Society.

The cash position for the Law Society of Tasmania is $5,167,354 which is high but takes into account our cash flow budget and current reserves for liabilities.

Alison Wells TREASURER

Annual Report of the Prescribed Authority

2022/2023

Presented to the Legal Profession Board of Tasmania

I am pleased to present this report to the Legal Profession Board of Tasmania (the Board) pursuant to Section 653(3) of the Legal Profession Act 2007 which requires the prescribed authority, to prepare and present to the Board a report on its operations for the previous financial year.

Overview

The Tasmanian legal profession operates under a co-regulatory model. The Board is charged with overseeing complaints and discipline and the prescribed authority has responsibility for the regulation of practising certificates and trust accounts. External intervention is a shared responsibility. The appointment of an investigator of a law practice or a supervisor of trust money is the responsibility of the prescribed authority, whereas the appointment of a manager or receiver for a law practice is the responsibility of the Board.

The Legal Profession (Prescribed Authorities) Regulations 2018 appoint the Law Society as the prescribed authority for the purposes of some 129 parts of the Act. They include the:

a. regulation of practising certificates, including grant and renewal, the imposition of reasonable and relevant conditions, the amendment, suspension and cancellation of practising certificates;

b. maintaining a record of incorporated legal practices;

c. regulation of trust accounts;

d. appointment of investigators to law practices; and

e. appointment of supervisors of trust money to law practices.

The Board is the prescribed authority for five parts of the Act. For purposes of this report the term ‘prescribed authority’ refers to the Law Society.

Funding of the Prescribed Authority

The functions of the prescribed authority form part of the operations of the Law Society. Those functions are funded by the Tasmanian legal profession, ostensibly through the payment of practising certificate fees.

Practising Certificate Regulation

A major role of the prescribed authority is the granting of new practising certificates and the annual renewal of existing certificates. The renewal process begins in May with renewal applications sent to individual practitioners. The majority of applications are renewed by the Executive Director under delegated authority. Any application that discloses a suitability issue, a failure to comply with continuing professional development requirements or is an application for the first time granting of a principal practising certificate is considered by the Council of the Law Society.

The following classes and numbers of practising certificates were issued under the Act in the period 1 July 2022 to 30 June 2023:

Section 41 of the Act states that an Australian lawyer engaged under the State Service Act, by a state, territory or commonwealth instrumentality, a local council or in a state or territory statutory office is taken to hold for the purposes of the Act and that employment, a practising certificate as a legal practitioner. The above figures therefore do not include practitioners who fall within section 41 including practitioners employed in the Office of the Director of Public Prosecutions, the Solicitor-General and Tasmania Legal Aid.

Practising Certificate Conditions

All practising certificates are subject to conditions requiring compliance with continuing professional development obligations and requiring notice to the Law Society of a change of practice or residential address.

Conditions specific to each class of certificate in 2022-2023 were as follows:

All Practising Certificates

To complete the Law Society of Tasmania Sexual Harassment Changing Workplace Culture workshop if the practitioner has not already done so.

Employed Practitioner

The holder of the certificate is not entitled to and must not practice as a legal practitioner as either as a sole practitioner or in partnership with any other legal practitioner or as a Director of an incorporated legal practice.

Barrister

The practitioner is entitled to practice as a barrister in Tasmania subject to compliance with the Legal Profession Act 2007.

Corporate

The practitioner must not engage in legal practice otherwise than by providing in house legal services to a corporation by which the lawyer is employed or to a related body corporate or as a volunteer with a community legal centre.

Government

The holder of the certificate must not engage in legal practice otherwise than as a government lawyer engaged in government work.

Community Legal Centre

The holder is not to receive or hold any money of for any client. The holder is not to recover costs for the community legal centre for any client or any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges received shall immediately be paid to the credit of the community legal centre.

Locum

The practitioner is eligible to practice as a locum practitioner only.

Volunteer

The certificate entitles the practitioner to engage in legal practice only as a volunteer at a complying community legal centre. Whilst acting in a voluntary capacity the practitioner:

i. is to act only for clients of a complying community legal centre;

ii. must have professional indemnity insurance pursuant to a policy approved by the Law Society; iii. is not to receive or hold any money for any client; and

iv. is not to recover costs for the community legal centre from any client or from any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges so received shall immediately be paid to the credit of the community legal centre.

Additional Conditions

The Law Society has the power to impose additional practising certificate conditions which are reasonable or relevant – section 56(2) of the Legal Profession Act 2007. Typical additional conditions include:

a. Practitioners who transition to operating as a sole practitioner for the first time are subject to conditions appointing a mentor and additional conditions requiring regular meetings with that mentor as well as reporting to the Society. If operating a trust account, those practitioners are subject to a condition that a report from the Society’s trust accounting examiner be provided within certain time frames;

b. New principal practising certificate holders wishing to be a trust account signatory must complete the Legal Bookkeepers Institute online trust accounting course;

c. A number of principal practitioners have a condition imposed that the practitioner is not authorised to receive trust monies. That condition does not relate to the honesty of the practitioner but is an acknowledgement that the practitioner does not intend to operate a trust account and requires further training before being authorised to do so;

d. Conditions requiring the obtaining of CPD points in excess of those required by Practice Guideline No. 4.

Regulation of Trust Accounts

Most, but not all law practices in Tasmania operate a trust account. Trust money is money entrusted to a law practice in the course of or in connection with the provision of legal services. Part 3.2 of the Legal Profession Act deals with trust money and trust accounts. Obligations relating to trust accounts are also in part 3 of the Legal Profession Regulations 2008.

The major obligation of the Law Society is to ensure that trust money is held by law practices in a way that protects the interests of persons for or on whose behalf that money is held. Every law practice that holds money in its general trust account must undergo an annual trust account examination by an authorised examiner. For some years all trust account annual examinations have been carried by the one examiner authorised by the Law Society. Use of the one trust account examiner ensures a consistency in approach to examinations and that the examiner has the relevant expertise and knowledge of legislative requirements. This has led to a marked improvement in compliance levels. Each examiner’s report is provided to the Law Society.

Reports identify any breaches of the relevant Act or Regulations, any unsatisfactory practices and make general recommendations regarding the operation of the trust account, including appropriate best practice risk mitigation strategies.

The Law Society expends not inconsiderable resources in undertaking its statutory duties as the regulator of trust accounts. A trust account administrator is employed under the supervision of the Executive Director. The administrator’s role is to manage the administration of trust accounting reporting requirements including checking and recording quarterly returns with regards to the designated deposit account, the review and analysis of all external examination reports and reviewing other documents lodged with the Law Society such as the notification of irregularities, and the opening or closing of trust accounts.

The Law Society provides firms with online resources including an administration calendar and relevant forms. In addition, the Law Society’s authorised trust account examiner is retained to provide advice as and when needed to law practices or prospective law practices. Such advice may include advice of a technical nature or providing information as to the appropriate practice management/trust accounting system for a particular firm.

Trust account examinations relate to a calendar year. The following information therefore relates to the 2019 to 2022 calendar years;

Incorporated Legal Practices

An incorporated legal practice is a corporation that engages in legal practice in Tasmania.

An ILP is required to have at least one legal practitioner director. Before a corporation engages in legal practice in Tasmania it must give to the Law Society written notice, in approved form of its intention to do so.

There are 64 Tasmanian law practices operating as ILP’s.

The Board is the prescribed authority for purposes of section 130 of the LPA – audit of incorporated legal practices, section 132 – banning of incorporated legal practices and section 133 – disqualification from managing an incorporated legal practice.

Suspension or Cancellation of a Practising Certificate

There were no suspensions or cancellations of practising certificates in the relevant period.

Appointment of a Manager

On 7 November 2022 the Society, acting pursuant to a delegation from the Legal Profession Board, appointed Mr Zac Nicholson as manager of the firm, Michael Briant Barrister & Solicitor, following the death of Mr Briant.

The appointment was subsequently extended to 6 November 2023.

Growth of the Legal Profession

The profession continues to grow. In the relevant period the Society issued approximately 6% more practising certificates than it did in the previous 12 months. The Society’s major source of income is practising certificate fees. Those fees are governed by the Legal Profession Regulations and are a number of fee units. Unfortunately, increases in the value of a fee unit have failed to keep pace with increases in operational costs which place an increasingly heavy burden on the Society in fulfilling its regulatory obligations.

Dealings with the Board

The Law Society dealt closely with the Board in the relevant period. Many issues experienced by law practices and by individual practitioners traverse the regulatory responsibilities of both organisations.

In carrying out its functions as the prescribed authority in 2022-23 the Law Society sought to:

• maintain public confidence in the legal profession;

• safeguard monies entrusted to law practices;

• ensure that those seeking to enter the profession or renew their practising certificate complied with the relevant character and fitness requirements of the Act;

• ensure that appropriate conditions were placed on practising certificates; and

• maintain relevant records relating to ILP’s.

Should the Board require any further information, please do not hesitate to contact the Law Society.

Amanda Thompson PRESIDENT

c.c. Attorney-General for Tasmania

Continuing Professional Development Committee

The mandatory CPD program run by the Society is coordinated on a day to day basis by Francesca Beattie, Deputy Executive Director and Amal Cutler, Professional Development Officer. The program is supported by other specialist committees which includes the CPD committee. This committee in the 2022-2023 financial year comprised of four members - Carey Higgins, Robert Hudson, Helen Bassett and myself, with the assistance of two ex-officio members, Francesca Beattie and Amal Cutler.

The CPD committee was originally formed prior to minimum CPD requirements coming into force. The committee spearheaded the drafting of practice guideline no.4. With that in place it has assisted in developing procedures and policies with respect to the guidelines’ use in practice. For example, interpreting how various parts of the guideline operate, applications for exemption and the like. As such meetings have generally involved consideration of the Society’s CPD policies and practice guideline; member participation and compliance in the mandatory CPD scheme; and review of the content, accessibility and uptake of the Society’s CPD offerings.

In the 2022-2023 financial year, the Society’s CPD program delivered approximately 97 hours (up from 77 hours in the 2021-2022 period) to 1,575 attendees - a 26% increase on the number of attendees in the 2019-2020 period. The sale of the Society’s CPD recordings was the highest to date at 303 with a 20% increase on all previous sales.

The Society also delivered 15 Sexual Harassment and Workplace Culture Workshops to over 550 practitioners. As such, to date, the Society has delivered this workshop to over 1,000 legal practitioners in Tasmania.

The CPD Assist Scheme, which is a component of the CPD program, is offered to current community and volunteer practising certificate holders, and pupil barristers in their first year of pupillage. The Scheme provides a discount when accessing CPD activities and includes free standalone Society CPD activities of one hour or less to a cap of 5 hours and substantially reduced registration fees for longer seminars, webinars, workshops, and conferences. Eight of the twelve centres accessed the scheme during this reporting period, receiving a total of 61 free CPD hours (including both events and recordings). Additionally, more than 30 per cent of eligible PC holders received significantly discounted registration fees to attend Society conferences.

It is now a decade since the CPD practice guideline 4 has been in use, and in that time the resources the Society directs to CPD has increased significantly. Similarly, the amount of experience and expertise gained internally in administering CPD has also increased. Society administration sets the overall program and is guided by specialist committees rather than the CPD committee when it comes to the content of the Society’s CPD program. Correspondingly, the work of the CPD committee has decreased substantially. As such, Council agreed in June 2023 that the CPD committee commence a period of recess. This can be reviewed in 12 months.

I take this opportunity to thank the CPD team and each Committee member for their enthuasism and commitment to the work of the Committee and the Society’s CPD program.

Trevor McKenna CHAIR

Criminal Law Committee

For the 2022/2023 reporting period the Criminal Law Committee had eleven members made up of representatives of the private bar, legal aid and the private profession. The chair of the Committee during the reportable period was Ian Arendt and Dinesh Loganathan.

It remained a particularly busy period in respect of proposed changes within the criminal justice area with the Committee considering a number of proposed Bills relating to family violence, reporting of child abuse and changes to the jurisdiction of and the procedures within the Magistrates Court. In addition, the Committee considered proposed changes to a number of pieces of legislations and provided input into Bills that were of great significance to sentencing and evidence.

The committee also dealt with issues that directly concerned criminal practitioners including the concentrated trial period, the Tasmania Legal Aid, access to prisoners and the proposed changes in the Magistrates Court. The committee was actively involved in liaising with Tasmania Police about the inefficient disclosure process and the issues

in matters not being able to progress. As of 1 July 2023, Southern Prosecution Services have changed their disclosure process and have also waived the disclosure fee.

The major CPD event the 2023 Criminal Law Conference was held on 24 February 2023. It was a successful event with the feedback from the attendees overwhelmingly positive. It was an excellent program with a number of informative presentations and speakers whom the Committee thanks. The success of the CPD event would not have been possible without the considerable effort of Amal Cutler and others from the Law Society. I thank them for their efforts.

The committee recognises the need for more criminal practitioners in Tasmania. Going forward, the committee will be working with the Law Society, Tasmanian Bar and the Judiciary to rectify this issue.

I thank those members of the Committee who volunteer their time and expertise to the Committee.

Dinesh Loganathan CHAIR

Employment, Diversity and Inclusion Committee

It has been another busy year for the Employment, Diversity and Inclusion Committee, whose focus has remained on employment law and industrial relations, and the championing of diversity and inclusion in the legal profession.

Firstly, I would like to thank my predecessor, Amelia Higgs, whose dedication to the role of Chair has been critical to the Committee’s success. We are lucky to have Amelia remain on the Committee as a member, along with Craig Green, Alison Wells, Henry Pill, Emily Creak, Stephanie Manning, Sebastian Buscemi, Adrienne Morton and Lily Pasanen. We have a well-rounded and diverse Committee and I would like to thank all members for their time and commitment.

Workplace culture and sexual harassment has remained a key priority of the Committee over the past year with the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) coming into effect. This amending legislation further implemented recommendations from the Australian Human Rights Commission’s Respect@Work Report (2020). In June 2023, Committee member Craig Green and Anne

McCulloch (Associate Director, Edge Legal) held a CPD which covered this topic and the various protections for workers from sexual harassment and other forms of sex discrimination, harassment and unfair treatment in the workplace.

In late February 2023, the Legal Profession Board of Tasmania published its new reporting tool ‘Speak Safely’ which facilities the confidential and anonymous reporting of sexual harassment that is experienced or witnessed in the legal profession. The Committee commends the Legal Profession Board on the implementation of this new reporting tool and is currently supporting the LST by preparing a list of additional support options for members of the legal profession.

As anticipated, the Committee conducted its salary and income survey of the legal profession in late 2022. The survey gathered a range important data, including income, type of employment, gender, areas of practice, hours of work and perceptions of income from the Tasmanian legal profession. The Committee and the LST is continuing to progress analysis of the survey results to ensure it can be presented and actioned on in a meaningful way. The Committee would like to thank members of the legal profession who participated in this survey.

The Employment Law Conference on 15 of September 2023, was well supported by the legal profession again this year. The Committee put a lot of time into preparing a program that covered a diverse range of topics for legal professionals, HR practitioners and union representatives. As always, these events could not be done without the support and dedication of Amal Cutler. The Committee also welcomes the opportunity for Hobart to host the Australian Labour and Employment Relations Association’s National Conference on 27 October and 28 October 2023 at the Hotel Grand Chancellor, so employment law has featured prominently in the latter part of the year.

By way of law reform, the Committee has

supported the LST during consultation in relation to the draft Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Cth) and the Fair Work Act 2009 (Cth) small claims procedure. The Committee is also currently considering feedback on the draft Disability Inclusion Bill 2023 (Tas).

Matters of future focus for the Committee include diversity and inclusion and the recognition of such initiatives in the legal profession. The Committee also hopes to consider matters impacting retention in the legal profession and other key employment issues such as bullying and flexible working arrangements.

Finally, the Committee would like the thank the LST for their ongoing support, including Jandy Godfrey, Shelley Harwood, Shelley Riseley, Francesca Beattie, Amal Cutler and Luke Rheinberger.

Harriet Farquhar CHAIR

Property and Commercial Law Committee

This year the Committee has continued to have a busy agenda including the development and launch of standard form requisitions and the 2023 version of the standard form contract for the sale of real estate in Tasmania. Committee representatives undertook a statewide roadshow to educate lawyers and agents about the amendments. The contract has been well received by industry and has enjoyed a high take-up rate. We are now looking to introduce some further changes around electronic execution and other minor tweaks.

In addition to various law reform consultative work and the continuing delivery of quality professional development opportunities for the legal profession, there has been ongoing dialogue with the State Revenue Office and the Land Titles Office about increasing and improving their published guidance for the profession. Both offices have significantly improved their guidance in recent years with the Committee’s assistance.

The impending introduction of e-settlements has continued, with the Committee welcoming the Recorder of Titles Robert Manning as a returning member. The introduction of e-settlements over the next few years will see a dramatic change in

conveyancing and the Committee is looking forward to working closely with the Land Titles Office and PEXA to ensure a smooth implementation for members.

The Committee is also in the preliminary stages of pushing for wide ranging changes to archaic property development laws which hinder economic growth. We hope to progress this issue over the coming year.

I would like to thank the staff of the Law Society and, in particular, Francesca Beattie. They have always provided excellent support for the Committee and kept it moving forward.

Alexander Bobbi CHAIR

Wellbeing Committee

It is with pleasure that I provide the annual report of the Wellbeing Committee.

Over the past year the Committee has been implementing a variety of wellbeing initiatives in line with its Strategic plan.

A fresh expression of interest and appointment process for the Senior Practitioner’s List has been completed with a significant increase in the number of senior practitioners generously making themselves available to provide confidential assistance and advice to members of the profession who seek guidance on challenging issues arising in practice. The recruitment process has resulted in a diverse membership of senior practitioners from across all regions of Tasmania and includes many welcome new faces.

Many of the members of the Senior Practitioners List have also agreed to make themselves available to provide confidential advice to practitioners who are experiencing wellbeing challenges. Arrangements are currently underway for Senior

Practitioners who are on the List who have agreed to provide wellbeing assistance to undergo formal mental health first aid training, which is likely to be undertaken in coming months. I encourage all members to consider making contact with a member of the Senior Practitioners List if they are facing any difficulties or challenges in their legal practice or their wellbeing more generally.

The past Committee Year has also seen the successful launch of a dedicated Wellbeing page on the Law Society Website. The Wellbeing page includes links to a variety of resources designed to assist members in relation to the management of their wellbeing. I encourage all members to have a look at this site and peruse the resources available if you haven’t already done so.

The Wellbeing Committee has also begun recording and publishing a series of podcasts in which we explore important wellbeing issues and initiatives relevant to the Legal Sector with specialists and experts in their fields. For example, you can access our podcast on Vicarious Liability and Legal Practice on the Wellbeing page of the Society’s website. In this podcast three members of the Committee interview one of the authors of a book about vicarious trauma in the legal profession in the UK. We will also shortly be publishing a podcast recorded with Dr Polly McGee about trauma informed leadership and the Legal Profession. Please keep your eyes out for this in the coming weeks.

In the last year the Wellbeing Committee has continued its consultation with the profession through exit surveys and consultation with early career lawyers to gain a better understanding of the wellbeing issues facing our members and members of the Legal Community more generally.

The Committee is also working on a number of other longer-term initiatives which hope will make a significant positive impact on wellbeing support

of members in the future. I look forward to providing further details about these initiative when they are nearer to fruition.

Finally, I would like to thank continuing members of the Committee Catherine Scott, Emma White, Rebecca Irwin, Craig Mackie, Sally Rofe and Jade Standaloft for their ongoing dedication and commitment to our important work. I would also like to thank new committee members Alex Eaton, Sarah Campbell and Anastasia Lyudenko and thank you for their work so far on the Committee. I would like to thank outgoing members Harriett Farquhar, Suzanne Harris and Merrilyn Williams for all of their work on the Committee.

Finally, I would like to thank Shelley Harwood, Jandy Godfrey and Luke Rheinberger for their ongoing support of the work of the Committee.

Simon Gates CHAIR

Elder and Succession Law Committee

The Elder and Succession Law Committee of the Law Society for the reporting period comprised the following members:

• Kimberley Martin (Chair)

• Alison Wiss (Immediate Past Chair)

• Victor-David Murray

• Kristen McLagan

• Megan Penno

• Shelby Llewellyn

• Jacinta French

The Committee has had a very productive and busy year meeting with government departments and stakeholders, writing submissions on legislation and other matters as set out below.

Thank You to Past Chair

The Committee thanks the immediate past chair, Alison Wiss. Alison was Chair of the Committee for many years. Her work as Chair, and her ongoing work for the Committee as a member, is invaluable and has been a key component of the success and progress of the Committee.

Law Reform

The Committee has made submissions to (and continues to liaise with) government and other stakeholders on the following law reform matters:

• the Guardianship and Administration Amendment Bill 2023 (Tasmania) – the Committee made submissions to government about this Bill which resulted in changes to the Bill. A member of the Committee also appeared before the Legislative Council to voice concerned about future tranches of amendments to the Guardianship and Administration Act and how this may impact the profession

• alternate options for duty exemption applications for transfer of motor vehicles – the Committee provided a submission to the Department of Justice about this issue

• difficulties experienced by executors in transferring water licences – the Committee has developed a proposal for improving this process (including amendments to be made to relevant Statutory Declarations) and will be writing to Department of Natural Resources and Environment Tasmania (NRE) and/or the Department of Justice

• National Register of Enduring Powers of Attorney - the Committee continues to liaise with the national Elder Law and Succession Committee about this proposal

• a nationally consistent scheme for access to digital records upon death or loss of decisionmaking capacity – the Committee (with STEP Australia) made a significant submission to the NSW Department of Communities and Justice in response to its ‘Access to Digital Records –Consultation Paper’

• in-person witnessing documents and restrictions on the use of electronic signatures for Wills, Powers of Attorney

(including Enduring Powers of Attorney), Instruments Appointing Enduring Guardians, Deeds and other estate, trust and company documents - the Committee continues to liaise with the Department of Justice about reform in this area as a result of changes to similar legislation in other Australian jurisdictions

Issues in Practice

The Committee has made submissions to (and continues to liaise with) government and other stakeholders on the following practice issues:

• the Guardianship and Administration Amendment (Advance Care Directives) Act 2021 (Tasmania) and the position taken by TASCAT about Instruments Appointing Enduring Guardian documents signed but not finalised prior to 21 November 2022 (the date the Act came into effect) – the Committee has taken action including writing to TASCAT and the Department of Justice. A member of the Committee also appeared before the Legislative Council to voice concerns about how the position taken by TASCAT impacted the profession

• errors on death certificates and the role of funeral directors – the Committee has written to and liaised with the Department of Premier and Cabinet (DPAC) about the Senior Next of Kin Information / Guide Sheet. The Committee provided feedback about important changes that need to be made to the document

• issues with the banking industry – the Committee has taken action in relation to current practice of banks in relation to powers of attorney, including writing submissions to STEP Australia and liaising with certain banks about the introduction of a standard policy

• issues with the Australian Tax Office (ATO) – the Committee has taken action in relation to current difficulties experienced by practitioners when dealing with the ATO in relation to deceased estates

• Independent Review of the Public Trustee – the Committee continued to liaise with the Public Trustee and the Department of Justice.

Professional Development

The Annual Elder and Succession Law Conference organised by the Committee and the Law Society was held on 11 August 2023 at the Wrest Point Casino. Local and interstate speakers spoke on various topics including contested probate, lawyers as executors, the future of AI and ChatGPT and the intersection of family law and succession law. The committee is most grateful to Amal Cutler of the Law Society for her assistance.

Work with Related Organisations

Members of the Committee have also been involved in the following matters:

• Members of the Committee (including Kimberley Martin, Alison Wiss, Jacinta French and Megan Penno) participated in a research project by the University of Technology Sydney, Faculty of Law on ‘Dementia capability for the legal profession’

• Kristen McLagan is the Society’s representative on the National Elder & Succession Law Committee

Acknowledgements

The Committee is grateful to the staff of the Law Society, particularly Francesca Saturno, Shelley Riseley, Jandy Godfrey, and Amal Cutler for their assistance in preparation of agendas, minutes and correspondence and for their assistance with organisation of CPD Seminars.

Kimberley Martin CHAIR

Litigation Committee

The Litigation Committee currently consists of Luke Taylor (Chair), Andrew Buckley, Aysha Williams, Victor-David Murray, Pierre Dordhain, Gabrielle McDonald, and as of May 2023, new members David Palmer, Scott Royston, Alex Kendall and Kym Child. I wish to sincerely thank Mat Wilkins and Edward Burrows-Cheng for their time on the committee and their contribution to the committee and functions.

The purpose of the committee is to provide specialist advice to the Society on civil litigation issues in Tasmania, and the committee is required to respond to issues and queries which arise, which can often be quite complex, and accompanied by little notice and short reporting times. This is particularly so with respect to queries from government, and it is a credit to all members of the committee bearing in mind their volunteer status that such queries are dealt with professionally and expeditiously.

Examples of requests for comment from government in 2023 have concerned:

• the Residential Building (Home Warranty Amendments) Bill; and

• the repeal of the Appeal Costs Fund Regulations 2013

Current projects for the committee include the longstanding mission to develop guidelines between the legal and medical professions where they intersect on matters such as personal injuries claims, and also the development of a Standard Costs Agreement for use by the profession. Recently, the committee has commenced a project to review case management of civil cases in the Supreme Court.

The committee is looking forward with great excitement to the Litigation Convention to be held at the Eastcoaster Resort from 10 to 12 November 2023. Amal Cutler from the Society has yet again done an amazing job in curating a high quality line-up of speakers and topics, and the early numbers for registrations have been extremely encouraging. I urge any practitioner considering their attendance at the Convention to book now to avoid disappointment. It will be a high calibre event and a highlight for the Society’s CPD offering in 2023.

Luke Taylor CHAIR

Family Law Commitee

The committee is comprised of:

• Mary Anne Ryan (Chair)

• Sally Rofe

• David Harper

• Caroline Graves

• Linda Connolly

• Julie Fawkner

• Simone Watson

• Claire White

• Trevor McKenna (ex officio)

• Charlotte Griffith

• Meghan Scolyer

• Zoey Dwyer

We are fortunate to have a committee formed of practitioners with mixed seniority and experience in family law, affording us a variety of views and insights.

Massive change continues, with the federal government following through with its election promise to legislate reforms to the family law system. The Family Law Amendment Bill 2023 was introduced this year; it seeks to progress legislative reforms addressing recommendations arising from the Australian Law Reform Commission’s (ALRC) 2019 Report, Family Law for the Future: An Inquiry into the Family Law System, and the 2020 and 2021

Reports of the Joint Select Committee on Australia’s Family Law System. The Bill deals with a number of subjects, but overall aims to simplify areas in the Act which are highly complicated and difficult for the laypersons to comprehend.

Generally, the Bill has been very well received by the profession. Our committee considered the reforms proposed in the Bill and provided views and information to the President, which in turn informed the Law Society of Tasmania’s submission to the Law Council of Australia on these points.

A second tranche of reforms to the Act is contained in the Exposure Draft: Family Law Amendment Bill (No. 2) 2023, it is as I write the subject of our committee’s consideration. The Bill seeks to address the consequences of family violence and makes provision for those impacts to be expressly taken into account in matrimonial and de facto property disputes.

Family Law Amendment (Information Sharing) Bill 2023 introduces further reforms to improve the efficiency and effectiveness of information sharing between the family law, family violence and child protection systems. These reforms will improve practitioners ability to assist their clients on a very practical level and respond to the real risks countless clients face as a consequence of family violence.

The committee continues to work in partnership with the Family Law Practitioners Association (FLPA) to advocate for our members on matters touching on family law and child protection. The feedback to the President in respect of the reforms above has been considered in partnership with FLPA.

It would be fair to observe that family law practitioners are experiencing some fatigue in response to changes in their jurisdiction. However, we all recognise the positive impacts that are likely to flow from implementing so many of the recommendations made by the Law Reform Commission, particularly in response to the impacts of family violence.

Our committee continues to consult with Tasmania Legal Aid to improve delivery of services to our clients and matters peripheral to that. The Federal Circuit and Family Court of Australia conducts case management meetings roughly quarterly, our committee is represented at those meeting.

The Committee has been very active in the delivery of CPD events. We have particularly focussed on educating early career lawyers in respect of practical elements of the practice of family law.

Matthew Verney, Michael Trezise and I have delivered two half day seminars in the northwest and the south of the state. The events covered a variety of subjects nominated by participants and culminated in the demonstration of an interim hearing and discussion of likely orders emanating from the evidence and submissions.

A similar seminar will be held in Launceston in October. A half-day cross-examination seminar is planned for early career lawyers for February 2024.

Taking this opportunity, I thank our judicial officers for the support and guidance they have offered practitioners in the family law jurisdiction this year. We are very fortunate in Tasmania to have benefitted from their commitment to the practice of law and the safe and efficient resolution of the matters appearing before them.

Lastly, I thank my colleagues on the committee, you have all worked very hard - not just to work through the consultation papers and exposure drafts sent to us - but also by responding to ad hoc issues which arise and the planning and participating in CPD activities.

Mary Anne Ryan CHAIR

Southern Early Career Lawyers Committee

The formerly known Southern Young Lawyers Committee are back for 2023 with a rebrand to the “Southern Early Career Lawyers” (“SECL”), aligning with the rest of the state with a re-structure to ensure that inclusivity is key to the ongoing legacy of the SECL committee.

With our fellow northern and northwest committees, we have established a new brand and name change, to encourage all early career lawyers to join the committee no matter whether they join the profession later or early in life.

Our focus for 2023 has been to promote engagement with our early career lawyers by increasing awareness of the committee via socials and correspondence to our early career lawyers inviting them to participate in events, attend meetings or simply get in touch.

For 2023, we have brought back our beloved events, including the Easter Long-Lunch, Quiz Night and the Golden Gavel and we continue to explore new ways to enjoy the company of our fellow profession members.

Our Easter Long-Lunch was well attended this year, many attending from the Tasmania Legal Practice Course and many early career lawyers. We hosted the event at Bar Wa and bonded with our peers over some delicious food.

We returned to the Duke hotel for our Quiz night for 2023 with the ever charismatic Georgia Morris and Meghan Scolyer hosting the event. Members of our committees worked collaboratively to prepare quiz rounds and organise prizes. This year, the Director of Public Prosecutions table took first place, closely followed by Butler McIntyre & Butler, with Murdoch Clarke in third place.

Our Golden Gavel returned for 2023 at the Grand Poohbah on 8 September 2023. We are extremely grateful for our judges this year: Trevor McKenna, Magistrate Hartnett and Magistrate Duvnjak. The judging team bring an unmatched energy to the Gavel Courtroom and are a full court to behold- no dissents in this Court. Our competitors this year ranged from all areas of practice and gave a robust night of laughs and entertainment before McKenna J jumped on the tracks and provided the musical entertainment for the night. We want to thank our competitors for their courage and especially congratulate Sarah Dowd on taking first place.

SECL are also exploring other ways to provide opportunities to network with our profession, including organizing a bowls and barbecue event. Make sure to keep your eyes peeled for the updates.

Our Continuing Professional Development program (“CPD program”) continues and our dedicated and innovative committee members frequently bring fresh ideas to the meetings for CPD sessions. We are always trying to stay in touch with the relevant subjects and topics that early career lawyers need to ensure they are feeling informed and supported. We aim to provide CPD sessions to all areas of the profession, from family law, general litigation, to commercial and property and everything in between. We also research new ideas that fall within the scope of the “equality and wellbeing” points.

Our meetings occur on the first Wednesday of each month and are well attended. Local early career lawyers gather at the Law Society to exchange ideas and provide one another support. This year, we are especially focused on ensuring our early career lawyers feel safe and supported and are confident that the

committee is a safe space for them to discuss their experiences in being newly admitted to practice and navigating the stressors and anxieties that come with it.

Retention of our early career lawyers is of the upmost importance to ensure we have a robust profession full of enthusiastic legal practitioners well into the future.

And thus, mentorship, support and engagement are at the heart of our committee, and we will always look for new ways to provide those values to our early career lawyers.

Zoey Dwyer and Megan Scolyer CO-PRESIDENTS

Northern Early Career Lawyers Committee

The 2022/2023 Committee has commenced its year strong, with meetings well attended by Committee members. The focus for this year’s Committee has been around social and CPD events. This year’s Committee extends its thanks to the preceding Committee, led by Jessica Stewart. We thank Jessica for her leadership and commitment over last year’s extended committee year.

This Committee year commenced with an informal networking event held to welcome the Tasmanian Legal Practice students completing their placements in the North. For the third year running, our successful mid-year long lunch was well attended, allowing members to socialise and expand their networks. We extend our thanks to James Oxley for attending and imparting his experiences and challenges throughout his career progression.

The Committee has planned to welcome new graduate practitioners to the North at out annual Meet and Greet event held at Staffordshire House. We have also planned our much-loved annual trivia event at the East Launceston Bowls Club, where our regular quizmasters Patrick O’Halloran and Hannah Phillips will no doubt keep attendees enthralled. Our end-ofyear long lunch event is a further opportunity for our members to network.

We extend our sincere thanks to Magistrate Simon Brown, who will present at one of our CPD events on tendency and coincidence. Further CPD events are in the pipeline for the remainder of this Committee year. The Committee has worked closely with the Society on the implementation of the Committee’s new Constitution, re-branding and marketing initiatives. We thank Amal Cutler of the Society for her ongoing support to the Committee.

The Committee has had the opportunity to consult with the Wellbeing Committee, and we look forward to working with that Committee and the Society on an event focused on early career lawyer wellbeing in the near future.

I extend my thanks to this year’s Committee for its dedication and collegiality. Particular thanks are extended to our social coordinators, Molly Peters and Louis Benjamin; and to our CPD coordinators, Amit Sharma and Courtney Bailey, for their meticulous planning to ensure our events proceed with success. I also thank senior members of the Northern legal profession who support the Committee by attending our events.

We extend an invitation to those who may wish to join the Committee – please join us at any of our meetings.

Timothy Drew PRESIDENT

North-West Early Career Lawyers Committee

2023 has been a great year for the North-West Early Career Lawyers (NWECL) Committee with a number of practitioners moving to the North-West and a vibrant social calendar.

We commenced this year by appointing as our executive:-

• Amber Scott (Rae and Partners Lawyers)- CoPresident;

• Callum Tregurtha (North West Community Legal Centre) Co-President;

• Sophie Warren (Tasmania Legal Aid)- Secretary;

• Mitchell Sheehy (Western Prosecution Service)Treasurer;

• Aaron Murphy (McLean, McKenzie and Topfer)Co-CPD Coordinator;

• Kelsey Lewis (Tasmania Legal Aid)- Co-CPD Coordinator; and

• Nathaniel Lau (Tasmanian Aboriginal Legal Service)- Communications

The Committee would like to extend our gratitude to Jade Standaloft who has unfortunately finished as CPD Coordinator and relocated to Hobart. We will miss her presence on our Committee and wish her all the best as she takes on this next step in her career. Hopefully one day she may return to the north west coast!

Since last years annual report, the Committee in late November 2022 hosted a CPD entitled, ‘A Focus on Family Law,’ at Ulverstone. It was pleasing to see good engagement with this half-day CPD from practitioners travelling to attend from across the State. The Committee would again like to thank Mary Anne Ryan, Matthew Verney, and Emily Turner who each played a significant role in presenting a very practical and thorough presentation on family law related issues- including a mock Interim Hearing. We would also like to thank the members of the Committee involved who worked tirelessly to arrange and present a slick CPD event.

Our first event for 2023 was to host the 2023 Tasmanian Legal Practice Course students as they visited the north-west in April. The students commenced the day by enjoying a welcoming lunch in the Yurt at the Berry Patch in Turners Beach. This was followed by attending the Devonport Magistrates Court for an informative discussion with Magistrate Duncan Fairley, as well as a tour of the Court facilities. The students then attended a speakers panel held at the Paranaple Centre featuring Ryan Gilmour (Senior Solicitor of NWCLC), Jacinta Hamilton and Callum Purcell (Principals of Hamilton Purcell Lawyers), Kirsten Abercromby (North West Criminal Practice Manager of TLA). The day was completed by the north west profession joining the students at the Formby Hotel for dinner and drinks to finish off. We would like to extend our thanks to all involved in ensuring this event continues to be a success.

On 31 August 2023 at the Ulverstone Bowls Club, the third annual trivia night occurred with Tasmania Legal Aid taking out the win in a tightly fought battle against second placed Western Prosecution. It was pleasing to see the north west profession again embrace this event and we would like to thank Domino’s Ulverstone for their sponsorship, Kirsten Abercromby and Julia Ker for returning as our thoroughly entertaining quizmasters, and all otherwise involved in putting on this event.

Our Committee has this year held our meetings at the Penguin Beer Co to enable us to take part in

a trivia night as a group immediately after. So far this has been very successful with increased attendance at our meetings but also rather lucrative given we have won on most occasions we have attended so far. If you would like to come along, please feel free to reach out to a member of the Committee to find out when our next meeting will be held.

Finally, we would like to thank the members of our committee for their tireless work over the past year. Without their commitment, our achievements would not have been possible.

Callum Tregurtha and Amber Scott NWECL CO-PRESIDENTS

The Private Legal Profession in Tasmania as

The Private Legal Profession in Tasmania

Practising Certificates Issued 1 July 2022 - 30 June 2023

Annual Report

2022/2023

Law Society By-Laws 2023

Contents (2023 - 1)

3 - General Meetings

31. Council meetings

32. Chairperson of Council meetings

33. Council minutes

34. Attendance at Council meetings

Part 5 - Executive Committee of the Council

Division 1 - Council members

35. Executive committee of the Council

36.

Part 6 - Regional Committees

Schedule 1 - Form of Proxy

Law Society By-laws 2023

Version current from 1 February 2023 to date (accessed 26 January 2024 at 11:30)

Law Society By-laws 2023

The Council of the Law Society of Tasmania makes the following by-laws under section 627 of the Legal Profession Act 2007

1. Short title

PART 1 - Preliminary

These by-laws may be cited as the Law Society By-laws 2023 .

2. Commencement

These by-laws take effect on the day on which the resolution by the Council, made under section 628 of the Legal Profession Act 2007 in respect of the by-laws, takes effect under section 628(7) of that Act.

3. Interpretation

In these by-laws –

Act means the Legal Profession Act 2007 ;

associate member, of the Society, means a member referred to in clause 5(3) ;

executive committee means the executive committee of the Council established by section 623 of the Act;

Executive Director means the Executive Director of the Society within the meaning of the Act;

full member, of the Society, means a member referred to in clause 5(2) ; general meeting means –

(a) an annual general meeting of the Society held under Division 1 of Part 3 ; or

(b) a special general meeting of the Society held under Division 2 of Part 3 ; member means a member of the Society;

practitioner means an Australian legal practitioner;

principal place of practice, in relation to a practitioner, means the office of a law practice with which the practitioner is primarily associated or primarily affiliated;

region means the northern region, north-western region or southern region;

regional committee means a committee established by clause 38(1) in respect of a region; register of members means the register kept and maintained under clause 7(1) ; Society means the Law Society.

4. Objects of the Society

The objects of the Society are –

(a) to represent generally the views of the legal profession; and (b) to maintain the integrity of the legal profession; and (c) to suppress dishonourable conduct within the legal profession; and

(d) to promote the maintenance, and just reform, of the law; and

(e) to promote the education and training of the legal profession; and

(f) to provide for the settlement of professional disputes; and

(g) to deal with any matter affecting the professional interest of practitioners; and

(h) to encourage and promote the study of law; and

(i) to promote the efficient practice of the law; and

(j) to perform the statutory functions of the Society; and

(k) to form and maintain law libraries; and

(l) to acquire any rights, or privileges, which the Society considers necessary for promoting the interests of the legal profession; and

(m) to promote or provide, in schools and in the community, education on the law and the legal system; and

(n) to communicate information on the law and on matters related to the law; and

(o) to publish, or subsidise the publication of, materials in connection with the objects of the Society; and

(p) to do such things as are necessary, or reasonable, for the purpose of attaining these objects.

5. Types of membership

PART 2 - Membership of the Society

(1) A member may be a full member, or an associate member, of the Society.

(2) A full member of the Society –

(a) is a practitioner who –

(i) is a member by virtue of clause 6(1) ; or

(ii) has made an application under clause 6(2) which has been approved by the Council under clause 6(5) ; and

(b) is entitled to all of the benefits of the Society.

(3) An associate member of the Society –

(a) is a person who –

(i) does not hold, and is not taken to hold by virtue of section 41 of the Act, a practising certificate; and

(ii) has made an application under clause 6(3) which has been approved by the Council under clause 6(5) ; and

(b) subject to paragraph (c) , is entitled to all of the benefits of the Society; and

(i) to be a member of the Council; or

(ii) to vote in respect of the election of members of the Council; or

(iii) to vote at a meeting of the Society.

6. Application for membership

(1) A practitioner who has been issued with, and holds, a current Tasmanian practising certificate is a full member of the Society unless the practitioner elects, by notice in writing to the Executive Director, not to be a member.

(2) A practitioner who is taken to hold a practising certificate, by virtue of section 41 of the Act, may apply to the Society, in accordance with subclause (4) , to be a full member of the Society.

(3) A person who does not hold and is not taken to hold, by virtue of section 41 of the Act, a practising certificate may apply to the Society, in accordance with subclause (4) , to be an associate member of the Society.

(4) An application under subclause (2) or (3) must be –

(a) made, in writing, in a form approved by the Council; and

(b) lodged with the Executive Director; and

(c) accompanied by each relevant fee, as determined by the Council and specified on the website operated by, or on behalf of, the Society.

(5) After receiving an application made in accordance with subclause (4) , the Council may –(a) approve the application; or (b) refuse to approve the application.

(6) After the Council makes a decision under subclause (5) , the Executive Director is to –(a) give notice to the applicant of the approval, or of the refusal to approve, the application; and

(b) if the application is refused, refund to the applicant any fee which accompanied the application.

(7) If the Council approves an application under subclause (5) for full membership or associate membership –

(a) the membership commences on the date on which the Council approves the application; and

(b) the membership expires –

(i) at the end of the financial year in which the membership commenced; or

(ii) on such other date as is specified by the Council at the time the application is approved.

7. Register of members

(1) The Executive Director is to maintain a register of all members.

(2) An entry in respect of a member in the register of members is to contain –

(a) the name of the member; and

(b) the full name and business address of the principal place of practice for the member; and

(i) the postal address for the member;

(ii) the email address for the member.

(3) A member is to notify the Executive Director in writing of any change, or error, in the member's entry in the register of members.

(4) The Executive Director is to remove a person's entry from the register of members if that person ceases to be a member.

8. Expulsion of members

(1) The Society may, by resolution of the Council, expel a person as a member if –

(a) the Society is satisfied that the person has engaged in conduct that, in the opinion of the Council, is or is reasonably likely to be detrimental to the reputation, standing, character, objects or interests of the Society or its members; or

(b) the Society is satisfied that the person has engaged in misconduct in connection with the performance or non-performance of any of the functions or duties of any office, or position, held by that person under the Act or under these by-laws; or

(c) the person fails or refuses, without reasonable excuse, to pay a fee, levy, or subscription, that is due and payable by that person to the Society in connection with that person's membership.

(2) The Council may not consider or vote on a motion to expel a member unless the Executive Director has given to that person, and to each member of the Council, at least fourteen days' notice in writing of a meeting of the Council at which the motion will be considered.

(3) A notice under subclause (2) –

(a) is to set out the motion; and

(b) is to contain, or have attached to it –

(i) notice of the date, time and place on or at which the Council will meet to consider the motion; and

(ii) a statement of the grounds for the motion; and

(iii) details of any evidence, and copies of any documents, that the Council is aware may be used in support of, or in connection with, the motion when the motion is considered; and

(iv) notice that the person may show cause why that person should not be expelled as a member –

(A) in writing, in accordance with subclause (4) ; or

(B) by appearing before the Council, at the meeting of the Council at which the motion is to be considered, in accordance with subclause (5) .

(4) If a person intends to show cause in writing, in accordance with subclause (3)(b)(iv)(A) , why the person should not be expelled as a member –

(a) the person must ensure that the written cause is delivered to the Executive Director at least four days before the time fixed for the meeting of the Council at which the motion to expel that person is to be considered; and

(b) the written cause so delivered is to be provided to the Council as soon as is practicable after it is received by the Executive Director.

(5) If a person intends to appear before the Council, in accordance with subclause (3)(b)(iv)(B) , to show cause why the person should not be expelled as a member, the person must give the Executive Director written notice of that intention not less than four days before the time fixed for the meeting of the Council at which the motion to expel that person is to be considered.

(6) The Council may consider and vote on a motion to expel a person as a member without hearing the person, and without further notice to the person, if –

(a) the Council is satisfied that the person has been given notice in accordance with subclause (2) of a motion to expel that person as a member; and

(b) the person does not –

(i) show cause in writing in accordance with subclause (4) ; or

(ii) give written notice in accordance with subclause (5) of the person's intention to appear before the Council to show cause; or

(iii) appear before the Council to show cause in accordance with the person's written notice given under subclause (5) .

(7) Despite subclause (6) , the Council may defer the consideration of the motion, to expel a member, to another meeting of the Council –

(a) at the request of the person whose expulsion is under consideration; or (b) of its own motion.

(8) A motion to expel a member is only carried by the affirmative vote of at least three-quarters of the full members of the Council present and voting at the meeting of the Council where the motion is considered.

(9) As soon as practicable after the conclusion of the meeting of the Council at which the motion to expel a person as a member was voted on, the Executive Director is to give notice in writing to the person –

(a) if the person is to be expelled as a member, of the resolution of the Council to expel the person; or

(b) if the person is to remain a member, that the motion to expel the person has not been carried.

9. Suspension of membership or of the benefits of membership

(1) The Society may, by notice in writing, suspend a person's membership or any right, privilege or benefit of the person's membership that is specified in the notice, if –

(a) any moneys payable to the Society by the person by way of fee, levy or subscription are unpaid after 30 days from the date when such moneys became due and payable to the Society; and

(b) the person –

(i) has not satisfied the Society that there is reasonable cause for nonpayment of such moneys; or

(ii) has informed the Society that the person refuses to pay such moneys without satisfying the Society that there are reasonable causes for the refusal to pay.

(2) The suspension of a member, or of a right, privilege or benefit of a member, under this clause may be for such period as the Society determines is appropriate, after having regard to –

(a) the amount that is unpaid by the member; and

(b) the period for which the amount remains, or remained, unpaid; and

(d) such other facts or circumstances that the Society considers are relevant.

PART 3 - General Meetings

Division 1 - Annual general meetings

10. Annual general meeting

(1) The annual general meeting of the Society is to be held –

(a) in August, September or October each year; and (b) at a time and place appointed by the Council.

(2) The business at an annual general meeting of the Society is as follows:

(a) the financial accounts submitted, under clause 43 , by the treasurer of the Council for approval;

(b) the appointment of members of the Council elected under Division 2 of Part 4 ;

(d) business introduced by the Council;

(e) any other business of which 21 days' notice in writing is given to the Executive Director before the meeting.

Division 2 - Special general meetings

11. Special general meetings

(1) The Council, by resolution, may convene a special general meeting at any time.

(2) The Executive Director is to convene a special general meeting on receipt of a request in writing signed by 12 or more full members.

(3) A special general meeting convened under this clause is to be held not less than 14 days and not more than 30 days from the date on which the Council makes the relevant resolution under subclause (1) or the Executive Director receives notice of the relevant request under subclause (2) .

Division 3 - Procedure of general meetings

12. Notice of general meeting

(1) The Executive Director is to give –

(a) at least 14 days' notice, in writing to each member, of a special general meeting of the Society; and

(b) at least 28 days' notice, in writing to each member, of an annual general meeting of the Society.

(2) A notice of a general meeting referred to in subclause (1) is to state the business of the meeting.

13. Quorum

(1) The quorum at a general meeting is 20 full members.

(2) A general meeting may only transact business if there is a quorum present at the meeting.

(3) If 20 full members are not present at a general meeting within half an hour after the time appointed for the meeting, the meeting is to be adjourned to a day and time to be fixed by a majority of the full members present.

(4) If a general meeting is adjourned under subclause (3) and 20 full members are not present at a general meeting within half an hour after the time to which the meeting is so adjourned, the meeting lapses.

14. Adjournment

(1) The Council may adjourn a general meeting to a future day.

(2) The Executive Director is to –

(a) give at least 48 hours' notice in writing to each member of an adjournment of a general meeting under subclause (1) ; and

(b) state in such notice the business of the meeting to be adjourned under subclause (1)

15. Chairperson of general meeting

(1) At a general meeting, the president of the Council, or in the president's absence the vicepresident of the Council, is to act as chairperson of the meeting.

(2) In the absence of the president and the vice-president of the Council at a general meeting, the full members present at the meeting are to choose a full member to act as chairperson of the meeting.

16. Decisions

(1) Unless otherwise specified in these by-laws, a decision of the Society at a general meeting is to be made by a majority vote of the full members present, personally or by proxy, at the meeting.

(2) In any decision of the Society at a general meeting, the chairperson of the meeting is to have a casting vote only.

17. Voting and proxies

(1) At a general meeting of the Society –

(a) a full member may vote –

(i) in person; or

(ii) by proxy in accordance with subclause (2) ; and (b) in accordance with clause 5(3)(c) , an associate member is not entitled to vote.

(2) A proxy is to be –(a) in writing in the form specified in Schedule 1 ; and (b) sent to, and received by, the Executive Director before the general meeting at which the proxy is intended to be used.

(3) Despite subclause (1)(a) , a full member may not vote by proxy on a question that directly affects, or relates to, that member personally.

(4) Before the commencement of a general meeting, the Executive Director is to deliver each proxy intended to be used at the meeting to the chairperson of the meeting.

(5) The chairperson is to announce, at a general meeting, each proxy to be used in a vote at the meeting.

(6) For the avoidance of doubt, if a member votes by proxy at a general meeting, that vote is as valid as if it were made by the member in person at the meeting if the proxy is in accordance with this clause.

(7) A full member is not to act by proxy for more than 5 other full members at any one general meeting.

(8) A proxy,made in accordance with this clause, continues in force for the particular general meeting for which it was given and during any adjournment of that meeting.

18. Disputes

If there is a dispute, doubt or difficulty about a matter of procedure or order in a general meeting, the chairperson's decision on that dispute, doubt or difficulty is final.

19. Minutes of general meetings

(1) The Executive Director is to maintain a record, in a format approved by the Council, of the minutes of the proceedings of each general meeting.

(2) The chairperson is to confirm and sign the minutes at the next annual general meeting.

20. Irregularities

(1) If there is an irregularity in a proceeding of a general meeting, the proceeding is valid if –(a) the irregularity occurs in –(i) the holding of the meeting; or (ii) an election taking place at the meeting; or (iii) any other proceeding taking place at the meeting; and (b) the irregularity is not objected to at the meeting.

(2) If an irregularity in a proceeding at a general meeting is objected to at the meeting, the full members at the meeting must decide whether or not the objection is upheld.

(3) A decision under subclause (2) is final.

21. Members of the Council

PART 4 - The Council

Division 1 - Council members

(1) The members of the Council consist of –

(a) 5 full members whose principal place of practice is in the northern region; and (b) 3 full members whose principal place of practice is in the north-western region; and (c) 8 full members whose principal place of practice is in the southern region.

(2) A person holds the office of member of the Council if the person –(a) is elected as such a member in accordance with Division 2 ; and (b) is appointed as such a member in accordance with clause 10(2)(b)

(3) For the avoidance of doubt, nothing in these by-laws prevents a person from being elected, and appointed, as a member of the Council for one or more consecutive terms.

22. Elected officers

(1) At the first meeting of the Council after an annual general meeting of the Society, the president, vice- president and treasurer of the Council –

(a) are to be elected by the Council from within its own members; and (b) continue in the office so elected until the election of their successors.

(2) A person may not be re-elected as president of the Council if the person has held that office continuously for the immediately preceding 3 years.

23. Resignation of office

(1) A member of the Council may resign from the office of member by notice in writing to the Executive Director.

(2) A resignation of a member under subclause (1) takes effect on –

(a) such day, date or event as is specified in the member's notice of resignation; or

(b) if no such day, date or event is so specified, on the Executive Director receiving the member's notice of resignation.

24. Suspension of Council members

(1) The Council may, by resolution, suspend a member of the Council if, in the opinion of the Council, the member of the Council –

(a) is reasonably likely to be found to have engaged in conduct that is, or is reasonably likely to be, detrimental to the reputation, standing, character, objects or interests of the Society or its members; or

(b) is reasonably likely to be found to have engaged in misconduct in connection with the performance or non-performance of any of the functions or duties of any office, or position, held by that person under the Act or under these by-laws; or

(c) fails or refuses, without reasonable excuse, to pay a fee, levy, or subscription that is due and payable by that member to the Society in connection with that person's membership of the Society.

(2) Subject to subclauses (4) and (5) , the period of suspension of a member of the Council under subclause (1) (a) or (b) expires when the first of the following occurs:

(a) if a period of suspension is specified in the resolution of the Council that suspended the member, the completion of that period;

(b) 21 days after there is a determination made in respect of the conduct, or misconduct, that forms the basis of the suspension.

(3) Subject to subclauses (4) and (5) , the period of suspension of a member of the Council under subclause (1) (c) expires when the first of the following occurs:

(a) if a period of suspension is specified in the resolution of the Council that suspended the member, the completion of that period;

(b) on the payment of the fee, levy or subscription which forms the basis of the suspension.

(4) Despite subclauses (2) and (3) , the suspension of a member of the Council under this clause continues if –

(a) a notice of a motion to expel the member from the Society has been given to the member, in accordance with clause 8(2) , while the member is suspended under this clause; and

(b) the motion to expel has not been determined in accordance with clause 8 , or withdrawn, before the suspension of the member expires under subclause (2) or (3) .

(5) Nothing in subclauses (2) and (3) prevent the Council –

(a) by resolution of the Council, from revoking the suspension of a member of the Council under this clause; and

(b) from suspending a member of the Council under this clause while the member is already suspended under this clause for another matter.

25. Vacation of office

(1) A member of the Council vacates the office of member if –

(a) the member ceases to be a member of the Society; or

(b) the member is bankrupt; or

(d) the member resigns in accordance with clause 23 ; or

(e) the member fails to attend 3 consecutive meetings of the Council without the permission of the Council; or

(f) the member is removed from the office of member in accordance with these by-laws; or

(g) the member is removed from the office of president, vice-president or treasurer of the Council in accordance with clause 26 .

(2) If a casual vacancy occurs in the membership of the Council, the Council is to appoint a full member to that vacancy.

(3) Subclause (2) does not apply to the Council if the vacancy in the membership of the Council occurs less than 30 days before an annual general meeting of the Society.

(4) If a member is appointed to a casual vacancy in the membership of the Council under subclause (2) –

(a) that member (the temporary appointee) holds office until the next annual general meeting of the Society; and

(b) at that annual general meeting –

(i) if the term of the member of the Council who vacated the office would have expired at that annual general meeting, an election for that office is to be held in accordance with Division 2 ; or

(ii) if the term of the member of the Council who vacated the office would not have

expired at that annual general meeting, an election for that office is to be held in accordance with Division 2 to appoint a member to hold the office until the following annual general meeting.

26. Removal of officers from office

(1) At any general meeting of the Society, a resolution may be passed by the full members present at that meeting –

(a) that the member elected, under clause 22 , as president, vice-president or treasurer of the Council be removed –

(i) from that office; and

(ii) by virtue of clause 25(1)(g) , from the office of member of the Council; and

(b) if a member is removed from office under paragraph (a) , that another full member specified in the resolution be appointed to the now vacant office of member of the Council.

(2) A resolution referred to in subclause (1)(a) is only made, at a general meeting, by the affirmative vote of at least two-thirds of the full members present at the meeting.

(3) If a person is appointed to a vacant office of member of the Council by a resolution under subclause (1)

(b) , the person holds that office for the remainder of the term for which the person, removed from that office in accordance with subclause (1)(a) , was appointed.

Division 2 - Nomination and election of Council members

27. Nominations of Council members

(1) At least 21 days before the day fixed for the annual meeting of a regional committee for a region, the secretary of the regional committee or the Executive Director, is to call for nominations of candidates, from the region, for election to the Council.

(2) A nomination of a candidate under subclause (1) is to –

(a) be made by 2 full members, other than the member being nominated as candidate; and

(b) be in writing; and

(i) the name and address of the candidate; and

(ii) the written consent, of the candidate, to the nomination; and

(d) be provided to the secretary, of the regional committee of the region in respect of which the candidate is being nominated, at least 10 days before the day fixed for the annual meeting of the regional committee where the nomination is to be considered.

28. Election of Council members

(1) If there are more nominations than the required number of candidates for a region, an election is to be conducted in the region by ballot, in accordance with this Division.

(2) Subject to subclauses (3) , (4) and (5) , the Council may hold an election under subclause (1) in any form and manner that it considers reasonable, including electronically, if –

(a) at least 21 days before the election, the Council gives notice, to each full member who is eligible to vote in the election, of the manner in which the election is to be held; and

(b) the Council ensures that there is a means for each full member, who is eligible to vote in the election, to be able to so vote in a confidential manner, if the member chooses to vote and it is reasonably practicable to provide such a means.

(3) If an election is held under subclause (1) in respect of a region, a full member may only vote in the election if the principal place of practice of the member is within that region.

(4) The procedure of an election held under subclause (1) in respect of a region is as follows:

(a) the secretary of a regional committee, or the Executive Director, is to prepare and give to each full member who is eligible to vote in the election, a ballot paper containing the following:

(i) the names of the candidates nominated, in the election, in alphabetical format;

(ii) a box next to each candidate's name;

(iii) the number and nature of any office, on the regional committee, to be filled;

(iv) a statement of the requirement on the member to number the boxes in accordance with paragraph (c) ;

(v) the address to which the ballot paper is to be returned once filled by the member;

(vi) the day by which the ballot paper is to be returned, being the last business day in the region before the day fixed for the annual meeting of the regional committee;

(b) a ballot paper given to a full member under paragraph (a) is to be given to the member at least 7 days prior to the date fixed for that annual meeting of the relevant regional committee;

(i) place at least one number in the box next to each candidate's name on the ballot paper; and

(ii) number each box on the ballot paper in the order of the member's preference of candidates; and

(iii) return the ballot paper to the address specified on the ballot paper.

(5) A ballot paper under this clause has been validly completed if it contains at least one vote (being a first preference vote for one candidate).

(6) At the annual meeting of a regional committee –

(a) the chairperson of the meeting is to state the names of each candidate nominated for election at the meeting; and

(b) if there are no more candidates than the required candidates, those candidates are declared to be councillors-elect; and

(c) if there are more candidates than the required number of candidates, one or more candidates may, before the election is determined in accordance with clause 30 –

(i) withdraw their nominations; or

(ii) have their nominations withdrawn by the nominators on the candidate's nomination, with the consent of the full members present at the meeting.

(7) A councillor-elect declared under this Division is appointed as a member of the Council –

(a) at the next annual general meeting of the Society after the declaration is made; and (b) except as specified in clause 25(4)(b)(ii) , for a term, of approximately two years, which expires on the day of the second annual general meeting of the Society held after the annual general meeting at which the councillor-elect is so appointed.

(c)

29. Scrutineers in respect of election

(1) If an election is to be determined, in accordance with clause 30 , at an annual meeting of a regional committee, the chairperson of the meeting is to appoint 2 scrutineers, from among the full members present at the meeting –

(a) to receive and examine the ballot papers for the election; and

(b) to provide a report of the result of the election to the meeting in accordance with clause 30(4)(a) .

(2) A candidate for an election, or a person who has nominated such a candidate, may not be appointed as a scrutineer for the election.

(3) If the scrutineers for an election do not agree as to the validity of a vote, or ballot paper, in the election, the chairperson of the meeting where the election is held is to give the final decision as to its validity.

30. Determination of election of Council members

(1) If there are more candidates than the required number of candidates for a region, the scrutineers appointed for the election under clause 29 are to count the first preference votes for each candidate in the election.

(2) If, after counting the number of first preference votes in an election, there is a tie between 2 or more candidates for a position to be filled, the ballot papers containing a first preference vote for each of the tied candidates are to be put to one side, and the second preference votes of the remaining ballot papers are to be counted, and so on, until there is a result in respect of the election.

(3) If, after counting all of the preference votes in an election, there remains a tie between 2 or more candidates –

(a) the successful candidate, or candidates, in the election is or are to be determined by the drawing of lots; and

(b) the procedure for the drawing of lots is to be determined by the chairperson of the meeting at which the election is held; and

(d) the drawing of lots is to occur in the presence of the members in attendance at the relevant meeting.

(4) After the determination of an election under this clause, the scrutineers for the election are to –

(a) provide a written report, in accordance with subclause (5) , of the result of the election to the meeting where the election is held; and

(b) destroy the ballot papers as soon as practicable after the period of 28 days, from the result of the election being reported under paragraph (a) , has ended.

(5) A report of scrutineers under subclause (4) is to state, in respect of the election for which the scrutineers were appointed –

(a) the total number of ballot papers received; and

(b) the number of ballot papers rejected; and

(6) The successful candidates, in an election determined under this clause, are declared to be councillors- elect.

Division 3 - Council meetings

31. Council meetings

(1) The Council may convene a meeting of the Council at any time.

(2) The president, the vice-president or two or more other members of the Council, by notice in writing –

(a) may require the Executive Director to convene a special meeting of the Council; and

(b) is to specify the matter to be considered at that meeting.

(3) The Executive Director is to convene a special meeting, requested under subclause (2) , by notice in writing to the members of the Council specifying the matter to be considered at that meeting.

(4) If the Executive Director refuses or fails to convene a special meeting after being requested under subclause (2) , the person who made the request may convene a meeting of the Council.

(5) A resolution of the Council in respect of a matter is valid, without being considered at a meeting of Council, as if it had been passed at such a meeting if –

(a) the matter is referred to all members of the Council by the president, or vicepresident, of the Council; and

(b) a majority of members of the Council indicate to the president, or vice-president, of the Council that they are in favour of the resolution.

(6) In the event of an equality of votes on a motion at a Council meeting, the motion is taken to be lost.

32. Chairperson of Council meetings

(1) At a meeting of the Council, the president of the Council, or in the president's absence the vice-president of the Council, is to act as chairperson of the meeting.

(2) In the absence of the president and the vice-president of the Council at a meeting of the Council, the members of the Council present at the meeting are to choose such a member to act as chairperson of the meeting.

(3) The chairperson of a meeting of the Council has, at that meeting, a deliberative vote only.

33. Council minutes

(1) The Executive Director is to maintain a minutes book of the minutes of the proceedings of each meeting of the Council.

(2) Minutes of the proceedings of each meeting of the Council are to be taken by –

(a) the Executive Director; or

(b) in the absence of the Executive Director, a person appointed by the chairperson for the meeting.

(3) After a meeting of the Council, the minutes for the meeting –

(a) are to be copied into the minutes book; and

(b) after confirmation that the minutes are true and correct, are to be signed by the chairperson at the next meeting of the Council.

34. Attendance at Council meetings

(1) The Executive Director is to prepare a list each year of those present at each meeting of the Council, showing how many times each person has attended those meetings during the past calendar year.

(2) The Executive Director is to make the list available for inspection by the members between such hours, and in such a manner, as the Executive Director considers reasonable.

PART 5 - Executive Committee of the Council

Division 1 - Council members

35. Executive committee of the Council

(1) The executive committee of the Council consists of –

(a) the president of the Council; and

(b) the vice-president of the Council; and

(d) such other members of the Council as may be appointed, to the executive committee, by the Council.

(2) A term of a member of the executive committee –

(a) commences on the conclusion of the first meeting of the Council held after the annual general meeting of the Society at which the member was elected to the executive committee; and

(b) expires on the conclusion of the first meeting of the Council that is held after the next annual general meeting of the Society held after the annual general meeting referred to in paragraph (a)

(3) A member of the executive committee vacates that office if the member –

(a) resigns from that office, by notice in writing to the Executive Director; or (b) dies; or

(d) otherwise ceases to hold that office.

(4) If the office of president, vice-president or treasurer of the Council becomes vacant during the term of the member holding the office, the Council may elect another full member of the Council to that vacant office for the remainder of that term.

(5) If the office of a member of the executive committee, appointed by the Council in accordance with subclause (1)(d) , becomes vacant during the term of the member, the Council may appoint another full member of the Council to that vacant office for the remainder of that term.

(6) If a member of the executive committee is suspended from his or her position as member of the council, or from his or her position as member of the Society, the Council –

(a) may appoint another full member of the Council to that vacant office for the duration of the suspension; and

(b) if the suspended member holds office of president, vice-president or treasurer of the Council, may appoint another member of the executive committee to that office for the duration of the suspension.

36. Meetings of the executive committee

(1) The president, or vice-president, of the Council may convene a meeting of the executive committee.

(2) The quorum at any meeting of the executive committee is 3 members of that committee.

(3) A question arising at a meeting of the executive committee is determined by a majority of votes of the members of that committee present and voting.

(4) A resolution of the executive committee in respect of a matter is valid, without being

considered at a meeting of the executive committee, as if it had been passed at such a meeting if –

(a) the matter is referred to all members of the executive committee by the president, or vice- president, of the Council; and

(b) a majority of members of the executive committee indicate to the president, or vicepresident, of the Council that they are in favour of the resolution.

(5) In the event of an equality of votes, on a motion at a meeting of the executive committee, the motion is taken to be lost.

37. Chairperson of executive committee meetings

(1) At a meeting of the executive committee, the president of the Council, or in the president's absence the vice-president of the Council, is to act as chairperson of the meeting.

(2) In the absence of the president and the vice-president of the Council at a meeting of the executive committee, the members of that committee present at the meeting are to choose a member present to act as chairperson of the meeting.

(3) The chairperson of a meeting of the executive committee has, at that meeting, a deliberative vote only.

38. Regional committees

PART 6 - Regional Committees

(1) The following regional committees are established:

(a) for the southern region, the Southern Regional Committee;

(b) for the northern region, the Northern Regional Committee;

(2) The membership of a regional committee, established by subclause (1) , is made up of each full member whose principal place of practice is in the region in respect of which the committee is so established.

39. Annual meetings of regional committees

(1) Each regional committee is to hold an annual meeting for the purpose of electing, in accordance with Division 2 of Part 4 , the members of the Council for the region, in respect of which the regional committee is established under clause 21(1) .

(2) The Executive Director is to ensure that –

(a) in each calendar year, the annual meeting of a regional committee is held at least 7 days before the annual general meeting of the Society to be held in that year; and

(b) each member of a regional committee is given at least 28 days' notice of the annual meeting for the committee.

40. Duties of the treasurer

PART 7 - Finance

(1) The treasurer of the Council must –

(a) meet with the Executive Director, or the auditor appointed in respect of the Society or such staff of the society as are necessary, in order to review –

(i) the financial statements and accounting policies of the Society; and

(ii) the assets and liabilities of the Society; and

(iii) an audit performed in respect of the Society; and

(b) as requested by the Council, report to the Council on –

(i) the financial statements and accounting policies of the Society; and

(ii) the assets and liabilities of the Society; and

(iii) the current financial position of the Society as a whole; and

(iv) an audit performed in respect of the Society; and

(c) as requested by the Council, report to and advise the Council on the policies, procedures and financial management practices of the Society; and

(d) assist the Council in discharging its corporate governance responsibilities including, but not limited to, advising the Council on –

(i) the finances of the Society; and

(ii) the financial reporting requirements for the Society; and

(iii) the actions necessary for the Society to comply with all relevant legislation, standards and best practice guidelines and principles that relate to the finances, audits and investments of, and financial risk to, the Society; and

(iv) the investments and assets of the Society.

(2) Without limiting the powers of the Council, the Council may authorise the treasurer of the Council to –

(a) exercise the powers of the Council, as specified in the authorisation, in relation to the finances, assets and liabilities of the Society; and

(b) perform the functions of the Council, as specified in the authorisation, in relation to the finances, assets and liabilities of the Society.

41. Financial transactions of the Society

(1) An electronic funds transfer of more than $2 000 from the Society's bank account must be authorised by –

(a) at least two members of the executive committee; or

(b) a member of the executive committee and the Executive Director.

(2) A cheque drawn on the Society's bank account must be signed by –

(a) at least two members of the executive committee; or

(b) a member of the executive committee and the Executive Director.

42. Auditors

(1) The Council is to appoint an auditor in respect of the finances of the Society.

(2) An auditor appointed under subclause (1) holds that office, unless it is sooner vacated, until –

(a) the close of the annual general meeting of the Society next after the auditor's appointment; or

(b) if the auditor's successor has not been appointed at the time of that meeting, the appointment of that successor; or

(d) the auditor resigns from the office by written notice to the Executive Director; or

(e) the Council passes a resolution that it believes, on reasonable grounds, that the auditor is no longer fit, or able, to act as auditor in respect of the finances of the Society.

(3) If the Council passes a resolution, in accordance with subclause (2)(e) , in respect of

an auditor appointed under subclause (1) –

(a) that appointment ceases on the passing of that resolution; and

(b) the Executive Director is to notify the former auditor of the passing of the resolution.

43. Financial accounts

(1) The Council must –

(a) cause correct financial accounts to be kept of –

(i) the income and expenditure of the Society; and

(ii) the property, assets and liabilities of the Society; and

(b) cause those financial accounts to be audited by the auditors at the end of each financial year.

(2) The treasurer must submit, to the next annual general meeting of the Society that occurs after an audit, the financial accounts audited in accordance with subclause (1)(b) for approval by the full members present, in person or by proxy, at the meeting.

PART 8 - Miscellaneous

44. Seal

The common seal of the Society may only be affixed –

(a) by a resolution of the Council; and

(b) in the presence of –

(i) at least 2 members of the Council; or

(ii) a member of the Council and the Executive Director.

45. Service of notices

(1) If a notice is required to be given to a member under these by-laws, the notice is given to the member if the notice is sent –

(a) by email to the email address recorded in respect of the member in the register of members; or

(b) by prepaid mail to the mailing address recorded in respect of the member in the register of members.

(2) For the purpose of these by-laws, a notice given to a member in accordance with subclause (1) is taken to have been received by the member –

(a) if the notice is given in accordance with subclause (1) (a), on the day on which the email was sent to the member under that subclause; or

(b) if the notice is given in accordance with subclause (1) (b), on the third business day after the day on which the notice is sent to the member under that subclause.

SCHEDULE

I,............................................................................. , (Name) of , (Address) appoint......................................................................, (Name of proxy) of , (Address of proxy) to vote and act on my behalf at the general meeting of the Law Society of Tasmania on..... 20 …… and at each adjournment of that meeting.

(Signature)

These by-laws were made at a meeting of the Council of the Law Society of Tasmania held on 29 November 2022.

The common seal of the Council of the Law Society of Tasmania was affixed on 19 January 2023, in the presence of –

Luke Taylor Council member

Dinesh Loganathan Council member

Luke Rheinberger Executive Director

Displayed and numbered in accordance with the Rules Publication Act 1953

Notified in the Gazette on 25 January 2023

These by-laws are administered in the Department of Justice.

Profile of the Profession

Profile of the 2017–2018 LEGAL PROFESSION IN TASMANIA

Snapshot of the Legal Profession

607

TASMANIAN PC HOLDERS1

PRACTITIONERS BY TYPE4

TASMANIAN DEEMED PC HOLDERS2 GOVERNMENT LAWYERS3

*Others = Locum, Consultant, Other

40–49 Hours

MOST COMMONLY REPORTED NUMBER OF HOURS WORKED PER WEEK*

$118,500

MEDIAN SALARY PC HOLDERS IN TASMANIA (PRIVATE PROFESSION)*

43 Years ?

MEDIAN AGE PC HOLDERS 2017

TOP AREAS OF PRACTICE IN TASMANIA COMMERCIAL LAW CIVIL LITIGATION WILLS & ESTATES PROPERTY LAW*

93 Graduates 74% ACCESS TO FLEXIBLE WORKPLACE PRACTICES*

NEW UTAS LAW GRADUATES 2017 (35% M, 65% F), 147 IN 2001 (43% M, 57% F)

PC HOLDER PRACTITIONERS 10 YEARS OR LESS FROM 65 YEARS OF AGE5 31%

REGIONAL MAKE UP 2017 (N=607 INCLUDING CORPORATE) 2001–2017 Regional Growth: North-West 22%, North 11%, South 23% -3% M +82% F

58% M 42% F

GENDER PC HOLDERS IN 2017

INCREASE IN GENDER REPRESENTATION IN THE PRIVATE PROFESSION SINCE 2001

GENDER GOVERNMENT LAWYERS4 2018 (DEEMED PC HOLDERS) 25% M 75% F

1 As at 30 September 2017. | 2 Section 41, Legal Profession Act 2007 . | 3 Data limited to State Government practitioners employed pursuant to the Legal Practitioners Award as at 21 May 2018. | 4 Approximate percentages only 2017/2018; this data includes government lawyers employed pursuant to the Legal Practitioners Award (data obtained on 21 May 2018). | 5 As at 30 September 2017.

*Member Survey 2017

1. Introduction

1.1 The Law Society of Tasmania

The Law Society of Tasmania (‘the Law Society’) is the peak representative body for the legal profession in the State of Tasmania. It provides services to support the profession and ensure high standards of practice; originates and promotes reform in the law; and advocates for a fair and just legal system.

The Law Society is also a statutory body that has a regulatory role that includes practising certificate regulation and trust account supervision. Its functions are prescribed by the Legal Profession Act 2007 . It is governed by an elected Council and is assisted by 9 committees made up of volunteers from the profession. Further information about the Law Society can be found on the Law Society’s web page at www.lst.org.au.

1.2 Objectives Underpinning Report

THE OBJECTIVES OF THIS REPORT ARE TO:

• Collate and analyse information relevant to the demographic profile of the legal profession.

• Identify compositional, cultural, social and economic shifts within the profession by comparing recently obtained data with historical data.

• Assist with future profile monitoring.

• Obtain an indication of the profession’s level of awareness of the Society’s functions and activities and publish the Society’s service level ‘report card’.

1.3 Data Sources

The information contained in this report has been obtained from three sources.

PRACTISING CERTIFICATE DATA (PC DATA)

The first is data drawn from the Law Society’s 2001 and 2017 database records in September for both years.

MEMBER SURVEY 2017

The second source of information is the Member Survey 2017 (‘the Survey’). The Survey was a voluntary survey conducted by the Law Society in late 2017 to gather demographic data and a range of information not held in the Law Society’s database, including income, areas of practice, hours of work and other issues relevant to the professional lives of the legal profession in Tasmania.

41.2% of all practitioners holding practicing certificates responded to the Survey. It has been several years since the Society last conducted a member survey. A number of questions were re-engineered to provide a new benchmark for future surveys and their analysis. It is hoped that the revised survey model, together with the commencement of biennial member surveying, will mean that more comprehensive future analyses can be carried out to assist the industry to not only monitor basic demographics but identify current issues confronting the legal profession.

AUSTRALIAN BUREAU OF STATISTICS

The third source of data is the Australian Bureau of Statistics (ABS). The ABS is Australia’s official national statistical agency, providing statistics on a wide range of economic, social, population and environmental matters. Data in this report relating to Tasmania’s population is sourced from 2001 and 2016 ABS Census Data and ABS regional population growth estimates. 6

1.4 Methodology

PC DATA

Where possible, demographical reporting in this report is drawn from data held in the Society’s database - this data is gathered from all legal practitioners during practising certificate (PC) application and renewal phases and is the most reliable source of data.

STATISTICAL VALIDITY OF SURVEY DATA

With an achieved sample size of 279 respondents to the member survey, in this research we can say with 95% certainty that the results have a statistical accuracy of ± 4.3 percentage points. 7 See further under Section 2 for summary demographic statistics and commentary.

GOVERNMENT LAWYERS

Due to PC deeming provisions in the Legal Profession Act 2007 the Law Society did not in 2017 hold data on government practitioners, and the number of government solicitors practising in the State was unknown. Government lawyer participant numbers needed therefore to be excluded from the Survey statistical validity analysis below, as well as other demographical database data analyses including location of practice, gender representation within the profession, and industry growth. The Society is advocating for the establishment of a government practitioner register to assist it to gather reliable data on the public sector legal profession in Tasmania for future reporting purposes.

CORPORATE LAWYERS

Corporate lawyer PCs were excluded from the growth analysis in this report (2001 and 2017 comparisons) because Corporate Practicing Certificates did not exist in 2001.

INCOME SURVEY DATA

Due to the amount of sectional slicing that needed to be performed to report on income data (e.g. grouping by years of experience, and by region and by gender) the group sample sizes reduced for statistical validity testing purposes. Caution should be exercised in interpreting that data.

6 Tasmanian Government Department of Treasury and Finance Report on Regional Population Growth (ABS Cat No 3218.0). | 7 In other words, if we were to draw 20 sample populations of this size from the 607 lawyers holding current Tasmanian Practising Certificates as at the time of the Survey, in 19 out of the 20, each answer given would be within 4.3 percentage points of the answer that would have been obtained if the whole population had been interviewed.

2. Summary Demographic Statistics

The below table, produced in association with statistical validity testing, shows the demographic makeup of the Tasmanian legal profession against Survey participant demographics (in percentages). This testing was conducted to assess the reliability of the data samples obtained from the profession through Survey participation. 8

TABLE 2

N=607 INCLUDING CORPORATE)

3. Profession – Size and Growth

(PC DATA AND CENSUS DATA)

LEGAL PROFESSION GROWTH – BY NUMBER OF LAWYERS

Between September 2001 and September 2017 the legal profession increased in size by 20% (from 470 to 567).10

Robust growth was experienced by all regions over that 16 years as represented in the table below, although the north experienced slower growth than the south and the north-west.

TABLE 2

*This is, over 16 years, an average annual growth rate of 1.25% (considerably higher than the average Tasmanian population growth rate for the same period).

LEGAL PROFESSION GROWTH ANALYSIS AGAINST GENERAL POPULATION OF TASMANIA

The below table shows the ratio of legal practitioners to members of the general population. All three regions have seen an increased representation of lawyers per members of the general population since 2001.

Whilst the north has remained relatively stable, the north-west has experienced the highest growth with an increase in legal practitioners per members of the general (public) population by 14%, from 1 practitioner to 1810 members of the general population in 2001 to 1 practitioner to every 1550 members of the general population in the region in 2017.

TABLE 3

10 This growth analysis included principal, employee, barrister, community legal centre and volunteer practising certificate holders but could not include corporate lawyers (40 in 2017) or government lawyers – see Methodology, section 1.4 above. As corporate practising certificates did not exist in 2001, they were excluded from this growth analysis.

4. Gender

(PC DATA)

According to the Society’s database data as at 30 September 2017 the legal profession comprised 58% male practitioners and 42% female practitioners.

GENDER

MALE/FEMALE REPRESENTATION IN THE PROFESSION

Between 2001 and 2017, the number of female practitioners increased by 82%. The number of male practitioners decreased by 3%.

Table 4 (section 6) shows that regionally, whilst Tasmania’s northern region is closest to achieving gender parity, in the south females are still 15 percentage points short of achieving equal representation.

Member Survey results indicate that the male/female ratio drops off and the gender disparity gap widens (fewer females), after 20 years of experience. Whilst this might indicate a retention issue within the profession, it is not conclusive as fewer females were entering the profession 20 years ago. Future monitoring is required. 11

5. Age

(PC DATA)

The median age in 2017 for male practitioners was 50. Female practitioners had a median age of 37.

The median age of all Tasmanian PC holders in 2017 was 43. Of the profession, 31% were 10 years or less away from 65 years of age.

37 YEARS OLD

6. Location

(PC DATA)

Table 4 illustrates Tasmania’s 2017 regional make up of PC holders by number and gender, as at 30 September 2017.

TABLE 4

7. Employment Sector and Areas of Practice

(SURVEY DATA)

PRACTITIONER TYPE

Of the 279 respondents to the 2017 Member Survey,

FIGURE 1 – PRACTITIONER TYPE, N=279

Of this figure,

70% 47% were employees 23% were principals were employed as private practitioner employees or principals in a law practice.

Of the remaining 279 respondents, 4% were barristers

6% were corporate lawyers

6% were community legal centre legal practitioners

4% were ‘other’ (consultants or other locums)

10% were government lawyers.

Figure 2 presents key employment sectors by gender. The highest percentage of females were found in employee private practice (53% of all responding females and 67% of all respondents identifying as employee – private practice) and government lawyer roles (15% of responding females and 83% of all responding government lawyers). The highest representations of males were in employee private practice roles (36% of all responding males), barrister (73% of responding barristers) and sole practitioner or other principal roles (36% of all responding males and 71% of all responding principals). 12

Females were more likely to be in employee and government positions, whereas a greater number of responding males were in principal positions.

FIGURE 2 – PRACTITIONER TYPE BY

GENDER, N=279

SOLE PRACTITIONER

EQUITY PARTNER / PRINCIPAL / DIRECTOR (FIRM OR INCORPORATED PRACTICE)

SALARIED PARTNER

EMPLOYEE – PRIVATE PRACTICE

AREAS OF PRACTICE

Over three questions, Survey respondents were asked to specify their primary, secondary and tertiary areas of practice. Combining the Survey responses to all questions provided an indication of the overall top areas of practice in Tasmania (Figure 3).

FIGURE 3 – TOP AREAS OF PRACTICE, N=279

PRACTICE AREAS BY REGION

GREATEST PERCENTAGE ‘PRIMARY AREA OF PRACTICE’ BY REGION:

8. Employment Status and Hours of Work

(SURVEY AND PC DATA)

As at September 2017 8% of practitioners held part-time PCs. 13 The Survey results, however, indicated that closer to 21% identified as part-time. This is because part-time PCs are presently only available to practitioners working three days per week or less, whereas no definition of part-time was provided for the purpose of the Survey.

In the Survey approximately 78% of respondents identified as full-time and 21% as part-time. Only one respondent identified as casual.

EMPLOYMENT STATUS BY GENDER

In September 2017 6% of males and 11% of females held part-time PCs.

However the Survey results again indicate that closer to 29% of female practitioners are currently engaged in part-time practice, with 12% of males also in part-time or casual practice. 71% of responding females and 88% of responding males were at the time of the Survey in full time employment.

HOURS OF WORK

Practising respondents to the Survey were asked how many hours, on average, they worked as a legal practitioner each week.

AVERAGE HOURS OF WORK PER WEEK BY FULL-TIME PCS:

40–49

30–39

8% of respondents who identified as being in part-time paid employment reported working between 1 and 20 hours in excess of what is typically accepted as a full-time working week in Australia (38 hours).

HOURS BY PRACTITIONER TYPE (FULL-TIMERS PRIVATE PRACTICE)

Whilst 66% of full-time private practice employees reported working 40-49 hours each week, only a reasonably small percentage of full-time employees reported working in excess of 49 hours (8% 50-59 hours and 4% 60+ hours) compared to full-time partners (37% 50-59 hours and 8% 60+ hours).

GOVERNMENT LAWYERS

From the Survey data, the most reasonable working hours appear to be experienced by government lawyers, in accordance with predictions, although 40% of full-time government lawyers still reported working (on average) 40-49 hours per week. A further 15% reported working 50-59 hours per week; and 4% reported working 60+ hours per week.

9. Income (SURVEY DATA)

In the Survey respondents reported anonymously on current salaries and gross remuneration for the year 2016/2017. Not all practitioners, (e.g. many of the responding barristers, partners and sole practitioners) take a ‘salary’ and chose to answer the gross remuneration question only.

Figures 4-7 show median and average salaries and gross renumeration and confirm a predicted higher overall remuneration for partners, barristers, corporate lawyers and government lawyers.

4 – AVERAGE SALARY (FTE) 2016-2017 ACCORDING TO PRACTITIONER TYPE.

Total Average Salary = $101,468.7

$250,000

$200,000

$150,000

$100,000

$50,000

5 – MEDIAN SALARY (FTE) 2016-2017 ACCORDING TO PRACTITIONER TYPE.

Total Median Salary = $83,000

$200,000

$150,000

$100,000

$50,000

N = Number of respondents

$150,000.00

N = Number of respondents

(N2) $150,000.00

FIGURE

(SURVEY DATA)

FIGURE 6 – AVERAGE GROSS REMUNERATION 2016-2017 ACCORDING TO PRACTITIONER TYPE. Total Average Gross Remuneration = $122,840

$250,000

$200,000

$50,000 $100,000 $150,000

FIGURE 7 – MEDIAN GROSS REMUNERATION 2016-2017 ACCORDING TO PRACTITIONER TYPE.

Total Median Gross Remuneration = $95,000

$200,000

$150,000

= Number of respondents

Tables 5 and 6 show the percentages of respondents falling within defined income brackets, by years of experience. The magenta boxes highlight the most common income bracket for the relevant years of experience.

TABLE 5

$200,000+

The line graphs below in Figures 8-11 provide a ‘private practice in firms’ FTE income analysis by years of experience, gender and region. Government, barrister, community centre and corporate lawyer respondent incomes were not included. 14

$100,000 $120,000 $48,500 $65,000 $75,000 $110,000 $113,125 $119,500 $118,500

YEARS OF EXPERIENCE

14 In the gross remuneration charts (Figures 8 & 9), respondents identifying as having 0-1 years’ experience were excluded because not all had worked a full year (which would skew figures). Part-time respondents were also excluded from the gross remuneration analysis. Other outliers removed included those who had clearly not read (and therefore answered) the question correctly. This unfortunately reduced the overall level of participation and in some instances sample sizes were small.

FIGURE 8 – LINEAR TREND LINE ON MEDIAN SALARY (FTE) BY YEARS OF EXPERIENCE

FIGURE 11 – LINEAR TREND LINE ON MEDIAN GROSS REMUNERATION 2016/2017 BY YEARS OF EXPERIENCE. EMPLOYMENT STATUS: FULL-TIME

$60,000 $80,000

$20,000

YEARS OF EXPERIENCE

FIGURE 12 – LINEAR TREND LINE ON MEDIAN GROSS REMUNERATION 2016/2017 BY YEARS OF EXPERIENCE AND GENDER. EMPLOYMENT STATUS: FULL-TIME

RESPONDENTS

FIGURE 13 – LINEAR TREND LINE ON MEDIAN GROSS REMUNERATION 2016/2017 BY YEARS OF EXPERIENCE AND REGION. EMPLOYMENT STATUS: FULL-TIME

$170,000

$140,000

$110,000

$80,000

$50,000

FACTORS INFLUENCING SALARY / REMUNERATION

According to respondent feedback, ‘making budget’ appears to remain the biggest influencer relevant to level of salary / remuneration. A number of Survey respondents commented that making budget was not listed by them as an influencer because whilst they were required to work to a set budget, they only received what the firm indicated it could afford to pay, regardless of whether budget was made.

FIGURE 14 – FACTORS THAT INFLUENCED THE LEVEL OF SALARY / REMUNERATION IN 2016/2017, N=279

BUDGET SET BY EMPLOYER / FIRM / AGENCY

INTRODUCTION OF CLIENTS

WORK PERFORMANCE

CONTRIBUTION TO THE FIRM OTHER THAN BUDGET

PROGRESSION IN EXPERIENCE AND KNOWLEDGE OBTAINING EDUCATIONAL AND TRAINING KNOWLEDGE

11. Annual Performance or Remuneration Review and Salary Movement, FY 2016/2017

(SURVEY DATA)

39% of Survey respondents reported having received a performance or salary (or other remuneration) review during the fiscal year 2016/2017; and 43% of respondents reported that they had received a salary (or other remuneration) increase.

Of those who reported an income increase, the average increase was 7.9% while the median increase was 7.5%. The most common increase (mode) given to practitioners was however 2%.

12. Flexible Workplace Practice

(SURVEY DATA)

74% of all respondents reported that their firm or agency had a culture that supported flexible workplace practices. 8% reported that it did not, 11% were unsure, and 7% selected not applicable.

FIGURE 15 – DOES YOUR FIRM OR AGENCY HAVE A CULTURE THAT SUPPORTS FLEXIBLE WORK PRACTICES? N=279

10. Employment Benefits, Bonuses and Other Incentives

(SURVEY DATA)

The Survey asked whether in addition to salaries, respondents’ firms or agencies offered other employment benefits, bonuses and incentives excluding items that enable them to perform their job such as laptops or mobile phones.

Of those surveyed 29% answered yes, leaving 63% respondents who answered no. A remaining 8% answered ‘not applicable’ (e.g. because they were a sole practitioner).

The average value fringe benefits received was $5,858.

Percentages of respondents accessing the following flexible workplace practices:

49%

FLEXIBLE START AND FINISH TIMES

13. Other Employment Benefits

(SURVEY DATA)

WHEN ASKED ABOUT OTHER EMPLOYMENT BENEFITS OFFERED BY THEIR FIRMS OR AGENCIES:

19% of respondents reported they received paid parental leave in excess of statutory entitlements.

27% of respondents reported that received unpaid parental leave in excess of statutory entitlements.

23% of respondents reported they were able to access an employee assistance program in addition to that offered by the Law Society.

52% of respondents reported their firm or agency did not offer any of the above entitlements or were unsure.

14. Future Plans

(SURVEY DATA)

In the Survey respondents were asked whether they had plans (or a desire) to leave the profession in the next 10 years. Approximately 55% reported they had no plans or desire to leave the profession.

Of the 45% who reported an intention or desire to leave the profession in the next 10 years, 6% reported it would be in the next year; 13% in the next 2-5 years; 11% in the next 5-10 years. 15% had a desire to leave but no definitive plans.

OF THE 45% WHO REPORTED AN INTENTION OR DESIRE TO LEAVE THE PROFESSION:

• Males were more likely to intend (or have a desire) to leave (52% of all responding males, compared to 40% of females); and

• 29% of those under 30 years of age and 36% of those under the age of 50 reported an intention (or desire) to leave.

Those indicating an intention or desire to leave were represented across the regions reasonably well in proportion to regional respondent representations generally; with those in the north-west region most likely to have no plans or desire to leave (66%), providing a more positive retention forecast for that region of Tasmania. 15

15 Factoring in age demographics of survey participants for that region (slightly lower numbers for age category 55+ in the North-West, that is 5% less than in the South and 2% less than in the North).

Whilst the respondents are broadly representative of the profession in term of basic demographics, it cannot be certain whether these ‘exit statistics’ can be extrapolated out to the profession as a whole. It is possible that less content or less engaged practitioners felt more motivated to complete the Survey.

Of the various reasons given for the not insignificant vote against remaining in the profession (multiple reason choices permitted), 38% advised it was for retirement purposes and 39% cited work-life balance.

Female respondents were significantly more likely to cite work life balance (55%), and family commitments (29%) while more than half of responding males were likely to leave due to retirement (52%).

Those aged under 30 years were far more likely to mention salary (48% of respondents <30 years of age). 41% also cited working hours as their reason for considering leaving.

CHALLENGES IN LEGAL PRACTICE

Survey participants were also asked what, in their practise of the law, they were finding the most challenging (multiple choices permitted). Work/life balance was the most commonly reported concern for practitioners (selected by 46% of the respondents), with time management winning second place (34%).

AREAS OF BLAME:

*Including “unrealistic expectations of clients”, “meeting client demands”, “other lawyers”, and “vicarious trauma”.

15. Law Society Report Card – Member Satisfaction Results

(SURVEY DATA)

In the Survey participants were asked to provide feedback on their level of satisfaction with the activities and services provided by the Society.

FIGURE 15:

VERY SATISFIED 13% (36)

SATISFIED 56% (156)

AVERAGE 21% (60) NOT SATISFIED 5% (14)

VERY DISSATISFIED 2% (5) NOT SURE 3% (8)

69% of respondents reported they were satisfied or very satisfied with the Law Society’s activities and level of service; 21% awarded it an ‘average’ score and 7% provided it with a dissatisfied to very dissatisfied rating.

Where

the Society is performing well:

HIGHEST RANKING AREAS RECEIVING POSITIVE FEEDBACK (OPTIONAL COMMENT CONTRIBUTIONS 2017)

• Head Office service

• CPD program

• Law Society Update, Law Letter journal, CPD Newsletter and other publications

• Events

• LawCare offering

• Recent improvement in communication channels

• Introduction of part-time practising certificates

• Library service

Disclaimer: While every effort has been made to ensure the accuracy of the information in this publication, the publisher accepts no responsibility or liability for any errors, omissions or resultant consequences including any loss or damage arising from reliance on information in this publication.

Where we need to improve:

(OPTIONAL COMMENT CONTRIBUTIONS 2017)

• Government lawyer and inhouse counsel support and representation.

• Assistance in ‘present and future proofing’ firms, including assisting firms to upgrade their IT systems and business models.

• Strength of the current legal practice course (current and changing skills requirements).

• Resources on website.

• Member support vis a vis the LAC (size of grants

•

Council Handbook 2024-2025

Council Handbook

An Overview of the Society

Introduction

Functions of the Society

Objects of the Society

Council

Council as the Prescribed Authority

Finances

Assets

Facilities and Administrative Support at the Society

Society Staff

Council Agenda

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Council and Committees

Stakeholder engagement

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Role of the Immediate Past President

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Stakeholder engagement

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Council Member 2023/2024

Schedule of Council and Committee Meetings

The Society's Strategic Plan

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Our Vision

Our Purpose

Our Values

Our Strategic Objectives

The Society's Committee Charter

THE LAW SOCIETY OF TASMANIA

Committee Charter

Table of Contents

Law Society of Tasmania Committee Charter

Commencement

A.Introduction and Summary: The Society’s Committees

Committee Formation Overview

Meetings

Support and Recognition

Binding Nature of Charter

B.Roles

The Role of Council

The Role of the Executive Director with Committees

C.Appointment to Committees

2. Committee Composition and Vacancy Guidelines