Discussion of national reforms at the QLS Vincents’ Symposium

Chief Justice Paul de Jersey AC emphasised the need for comprehensive consultation and continued independence of the profession in the national legal profession reform process in his opening address at the QLS Vincents’ 48th annual Symposium 2010 on Saturday 27 March 2010.

A panel discussion on developments in the National Scheme for Model Law for Regulation of the Legal Profession was also a highlight of the Symposium. Panellists included John Briton, Legal Services Commissioner, Professor Michael Lavarch, Executive Dean, Faculty of Law, Queensland University of Technology, and Chair of the National Legal Profession Reform Consultative Group, and Noela L’Estrange, Chief Executive Officer of Queensland Law Society. Federal Attorney-General Robert McClelland MP gave a speech to update the Queensland legal profession on the progress of the reforms.

Chief Justice de Jersey said on the national legal profession reform, “I remain principally concerned about the absence of an assurance that appointees to the proposed peak regulatory body, the National Legal Services Board, will be made, at least as to the majority, by the profession including the judiciary.”

“Independence is important for public trust in the profession,” Chief Justice de Jersey said.

Federal Attorney-General Robert McClelland MP said he personally valued independence within our justice system.

“I am aware that a number of stakeholders have strong views on the composition of the Board. Accordingly, the Taskforce will be considering the appropriate composition of the Board following further consultation.”

The Chief Justice also expressed concern about the costs of compliance with any new system being unfairly placed on Queensland taxpayers or legal practitioners.
 
In his response, the Attorney-General said that the Taskforce is “aiming to deliver reforms that fit within the current funding envelope.”

“The new national bodies would have to be funded, but their functions will be minimised through the continued involvement of State and Territory bodies and the profession itself,” the Attorney-General said.

The importance of effective consultation was emphasised, with the Chief Justice criticising the original timeline for the reform process.

“The original timeline, with a draft bill and rules to go to COAG by the end of April, was, I respectfully suggest, unduly optimistic and demanding,” Chief Justice de Jersey said. “There is much to commend the view that COAG should not consider approving a proposal, even in principle, until after all other interested parties have had a full opportunity to consider and submit submissions on such drafts.”

A draft Bill and National Rules are scheduled to be presented to COAG when it meets next month. The Attorney-General said that it was the inclusion of the National Rules which represented a “significantly larger undertaking than was initially proposed.” The draft Bill will be released for a period of further extensive consultation.

You can read Chief Justice de Jersey’s full address on the Supreme Court of Queensland Library’s website and the Federal Attorney-General’s speech on his website.

You can find out more about the national legal profession reform on our updates page.