LSB September 2017

More documents

Recommendations

Info

GAZING IN THE GAZETTE 4 July 2017 – 3 August 2017 Acts Proclaimed Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016 (No 54 of 2016) Commencement ss 20, 21, 25 (insofar as it inserts Schedule 4 into Independent Commissioner Against Corruption Act 2012), Schedule 1 Part 2: 15 July 2017 Gazetted: 11 July 2017, No. 44 of 2017 Legal Practitioners (Miscellaneous) Amendment Act 2016 (No 44 of 2016) Commencement remaining provisions: 30 July 2017 Gazetted: 25 July 2017, No. 48 of 2017 Local Government (Building Upgrade Agreements) Amendment Act 2015 (No 47 of 2015) Commencement: 1 August 2017 Gazetted: 25 July 2017, No. 48 of 2017 National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017 (No 23 of 2017) Commencement: 1 August 2017 Gazetted: 1 August 2017, No. 49 of 2017 Planning, Development and Infrastructure Act 2016 (No 14 of 2016) Commencement ss 58-62; 70-74; 77; 82-87; clauses 12-16 of Sch 8: 1 August 2017 Gazetted: 1 August 2017, No. 49 of 2017 Relationships Register Act 2016 (No 67 of 2016) Commencement: 1 August 2017 Gazetted: 1 August 2017, No. 49 of 2017 Statutes Amendment (Planning, Development and Infrastructure) Act 2017 (No 5 of 2017) Commencement ss 4-9: 1 August 2017 immediately after commencement s58 Planning, Development and Infrastructure Act 2016. Gazetted: 1 August 2017, No. 49 of 2017 Statutes Amendment (Registered Relationships) Act 2017 (No 13 of 2017) Commencement: 1 August 2017 42 THE BULLETIN September 2017 Gazetted: 1 August 2017, No. 49 of 2017 Summary Procedure (Abolition of Complaints) Amendment Act 2016 (No 43 of 2016) Commencement: 3 October 2017 Gazetted: 1 August 2017, No. 49 of 2017 Acts Assented Children and Young People (Safety) Act 2017, No. 25 of 2017 Gazetted: 18 July 2017, No. 47 of 2017 Sentencing Act 2017, No. 26 of 2017 (repeals Criminal Law (Sentencing) Act 1988) Gazetted: 18 July 2017, No. 47 of 2017 Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017, No. 27 of 2017 (amends Firearms Act 2015 and Summary Offences Act 1953) Gazetted: 18 July 2017, No. 47 of 2017 Appointments Legal Practitioners Disciplinary Tribunal (from 10 July 2017 until 9 July 2020) Presiding Member: Maurine Teresa Pyke Deputy Presiding Member: Sashi Jass Maharaj Member: Simon Patrick O’Sullivan Liesl Jane Chapman Robert Lindsay Kennett Lesley Hastwell Domenico Petraccaro Debra Ruth Lane Patsy Alison Kellett Sandra Gail Lilburn Anne Gordon Burgess Michael John Dean Dawson Gary Davis Roger Sallis Gazetted: 4 July 2017, No. 43 of 2017 Judge of the Supreme Court of South Australia President of the South Australian Civil and Administrative Tribunal effective from 4 July 2017 Judith Hughes REGULATIONS PROMULGATED (4 JULY 2017 – 3 AUGUST 2017) A MONTHLY REVIEW OF ACTS, APPOINTMENTS, REGULATIONS AND RULES COMPILED BY MELLOR OLSSON’S ELIZABETH OLSSON. Gazetted: 4 July 2017, No. 43 of 2017 South Australian Civil and Administrative Tribunal, effective from 4 July 2017 Justice Gregory Parker Gazetted: 4 July 2017, No. 43 of 2017 Resignations Cross-Border Magistrate Magistrate of the Youth Court of South Australia for a term of five years commencing on 11 July 2017 and expiring on 10 July 2022 Sarah McNamara Gazetted: 11 July 2017, No. 44 of 2017 Magistrate Magistrate of the Youth Court of South Australia Member of the South Australian Civil and Administrative Tribunal commencing on 12 July 2017 Police Disciplinary Tribunal Protective Security Officers Disciplinary Tribunal Panel Member: (from 12 July 2017 until 28 April 2020) David John White Gazetted: 11 July 2017, No. 44 of 2017 Commissioners of the South Australian Employment Tribunal for a term of two years commencing on 11 July 2017 and expiring on 10 July 2019 Full-Time Christopher Neil Aikens Don Smyth Part-Time Luisa Jane Georgeff Sessional for a term of one year commencing on 11 July 2017 and expiring on 10 July 2018 Helen Ward Gazetted: 11 July 2017, No. 44 of 2017 Rules Magistrates Court (Civil) Rules 2013 Amendment 19 Gazetted: 1 August 2017, No. 49 of 2017 REGULATION NAME REGULATION NO. DATE GAZETTED Gene Technology Act 2001 196 of 2017 4 July 2017, Gazette No. 43 of 2017 Education and Early Childhood Services (Registration and Standards) Act 2011 197 of 2017 4 July 2017, Gazette No. 43 of 2017 Independent Commissioner Against Corruption Act 2012 198 of 2017 11 July 2017, Gazette No. 44 of 2017 Freedom of Information Act 1991 199 of 2017 11 July 2017, Gazette No. 44 of 2017
REGULATION NAME REGULATION NO. DATE GAZETTED Local Government Act 1999 200 of 2017 25 July 2017, Gazette No. 48 of 2017 Cross-border Justice Act 2009 201 of 2017 25 July 2017, Gazette No. 48 of 2017 Legal Practitioners Act 1981 202 of 2017 25 July 2017, Gazette No. 48 of 2017 Lottery and Gaming Act 1936 203 of 2017 25 July 2017, Gazette No. 48 of 2017 Casino Act 1997 204 of 2017 25 July 2017, Gazette No. 48 of 2017 Gaming Machines Act 1992 205 of 2017 25 July 2017, Gazette No. 48 of 2017 Natural Resources Management Act 2004 206 of 2017 1 August 2017, Gazette No. 49 of 2017 Criminal Law Consolidation Act 1935 207 of 2017 1 August 2017, Gazette No. 49 of 2017 Criminal Law Consolidation Act 1935 208 of 2017 1 August 2017, Gazette No. 49 of 2017 Planning Development and Infrastructure Act 2016 209 of 2017 1 August 2017, Gazette No. 49 of 2017 Planning Development and Infrastructure Act 2016 210 of 2017 1 August 2017, Gazette No. 49 of 2017 Natural Resources Management Act 2004 211 of 2017 1 August 2017, Gazette No. 49 of 2017 Relationships Register Act 2016 212 of 2017 1 August 2017, Gazette No. 49 of 2017 Relationships Register Act 2016 213 of 2017 1 August 2017, Gazette No. 49 of 2017 Births, Deaths and Marriages Registration Act 1996 214 of 2017 1 August 2017, Gazette No. 49 of 2017 A round-up of recent Society meetings & conferences ROSEMARY PRIDMORE, EXECUTIVE OFFICER 25 JULY 2017 Practitioner Update, Southern District The President, Tony Rossi and Chief Executive, Stephen Hodder travelled to Mount Gambier to meet with Members practising in that region. Issues raised by the local practitioners included difficulties associated with the closure on 1 July 2017 of the SE Community Legal Service (the Southern Community Justice Centre to commence a reduced service); the slow delivery of judgments in District Court matters; difficulties for clients in remand, including no access to services and cultural and language barrier issues; the lack of appropriate court facilities; causes of stress in legal practitioners; concerns with Advance Care Directives; difficulties with AVL including access to clients, parties not being punctual, poor camera and sound setting; and appropriate management of participants there having been an occasion when the two opposing parties in a matter were together at a teleconference point without any operator or other person present. 27 JULY 2017 Small Practice Networking Drinks – Western Approximately 20 practitioner Members attended a networking function for those in small practices in the Western Metropolitan area. The practitioners received an update from the President, including as to the viability of the Fidelity Fund, the establishment of a Working Group to identify areas of over-regulation of the profession that could be addressed, and recent advocacy by the Society. 2 AUGUST 2017 Commonwealth Treasury consultation The Chair of the Property Committee, Philip Page, represented the Society at a teleconference consultation meeting convened by Commonwealth Treasury in relation to a 2017-18 budget measure, “Improving the integrity of GST on property transaction”. 3 AUGUST 2017 Australian Medical Association Tony Rossi and Stephen Hodder met with the new President of the AMA, Associate Professor William Tam and the CEO, Mr Joe Hooper. Matters discussed included plans for a Medico-Legal Dinner in November 2017 for interested Members of the Society and the AMA; the AMA’s consultation with the Courts as to its concerns with Court Rules that require those providing an expert medical report to consult and consider the views of any other experts who have provided a medical report relating to the matter; compliance of expert medical reports with Rules of Court and therefore their admissibility; Advance Care Directives; personal injury claims; the AMA’s concern that three nurses were sent by the Government to be trained to do colonoscopies. The potential implications for medical negligence were discussed. 7 AUGUST 2017 Professional Standards Scheme Managers– National meetings On 7 August 2017, the Society hosted two national meetings relating to Professional Standards Schemes. The first was a joint meeting of CEOs and Professional Standards Scheme Managers, attended by Dr Deen Sanders and Mr John Rappell of the Professional Standards Authority (PSA). The meeting sought to obtain responses to matters which had been outstanding as between Law Societies and the PSA for several years. The Scheme Managers then met to discuss issues of mutual concern and interest, and to share experiences including as to the development and sharing of precedents, systems and operational policies. 7 AUGUST 2017 SA Legal Assistance Forum Vice-President, Tim White represented the Society at a meeting of the SA Legal Assistance Forum. Matters discussed included recent changes to the structure of the services offered by Community Legal Centres; a proposed amendment to the Legal Practitioners Act 1981 in relation to conditional costs for migration matters; disclosure and electronic disclosure requirements; and the Society’s concern, expressed to the Attorney-General, at the low rate of the State contribution to legal aid funding compared to that contributed by other States to their service providers. Please note: the Society’s advocacy work is reported to Members via the Advocacy Notes e-newsletter. B September 2017 THE BULLETIN 43
Page 1 and 2: THE BULLETIN September 2017 Volume
Page 3 and 4: This issue of The Law Society of So
Page 5 and 6: FROM THE EDITOR National report she
Page 7 and 8: Visit our showroom and be inspired
Page 9 and 10: LEGAL PRACTICE Client confidentiali
Page 11 and 12: FREE EVENT! You’re invited... Sta
Page 13 and 14: easonably practicable steps to ensu
Page 15 and 16: It infects systems and devices via
Page 17 and 18: COMPETITION LAW post Brexit, the pr
Page 19 and 20: LEGAL PRACTICE (b) an incorporated
Page 21 and 22: AGE Average age of the South Austra
Page 23 and 24: LEGAL PRACTICE bono lawyers. The Gu
Page 25 and 26: LEGAL PRACTICE so. I also had to ge
Page 27 and 28: LEGAL LEGAL PROFESSION LEGAL PROFES
Page 29 and 30: Growth through digital and traditio
Page 31 and 32: from Earth relatively easy without
Page 33 and 34: RISK WATCH Risk management for coun
Page 35 and 36: LEGAL PRACTICE produce that is plac
Page 37 and 38: FAMILY LAW Family Law Case Notes RO
Page 39 and 40: facebook.com/YLCSA Young lawyers le
Page 41: PRO BONO CONFERENCE court proceedin
Page 45 and 46: CLASSIFIEDS • Checking their supe
Page 47 and 48: JAGUAR XE EXPERIENCE THE THRILL OF

LSB September 2017

Create successful ePaper yourself

Delete template?

Save as template?