COAG National Legal Profession Reform
On 5 February 2009 the Council of Australian Governments' (COAG) formally agreed that legal profession regulation would be added to its microeconomic and regulatory reform agenda furthering COAG's National Partnership Agreement on a Seamless National Economy. In a separate Statement the Federal Attorney-General and the Minister for Finance and Deregulation re-affirmed the federal Government's commitment to working closely with the States and Territories, and the legal profession and other stakeholders on the initiative. It was also announced that papers would be prepared for discussion at the next COAG meeting.
Later announcements have detailed that it is expected that draft legislation which institutes uniform laws regulating the legal profession across Australia will be prepared and returned to COAG within 12 months.
A specialist Taskforce headed by the Secretary of the Commonwealth Attorney-General's Department was established and its membership includes the Secretary-General of the Law Council of Australia.
The National Legal Profession unit at the Law Council has been involved in a National Legal Profession Reform Working Group that is assisting the Taskforce.
Several representatives from constituent bodies have also been appointed to the Consultative Group headed by former Law Council Secretary-General Michael Lavarch, Professor of Law at Queensland University of Technology.
On 30 April 2009, COAG agreed that:
- Draft legislation providing uniform laws regulating the legal profession across Australia be prepared for consideration by COAG within 12 months.
- A specialist taskforce be appointed by the Attorney-General to make recommendations and prepare the draft legislation.
- A consultative group be appointed by the Attorney-General to advise and assist the Taskforce.
Further Information
A summary of the structures established to implement the COAG decision can be found here.
Further information on the COAG initiative, and a list of the various Taskforce Papers which have been released can be found at the COAG website.
The Law Council President has sent a letter to Mr Wilkins, Chair of the COAG Taskforce, which set out the important issues the Law Council and its Constituent Bodies considered to be a vital part of a new national regulatory framework. This letter attached a copy of an "LCA proposal for a new regulatory framework".
The Law Council President also prepared an opinion piece for the national media which gave the Law Council perspectives on the regulatory reform framework. The opinion piece also made mention of the Law Council's regulatory framework document.
