TASMANIA Law Society of Tasmania
legislative change based on the need for general deterrence or on any other basis.
• Residential Property Transactions Bill 2012
• broadly speaking the Recent Developments
The appointment of Luke Rheinberger to the newly created position of Deputy Executive Director will bolster the capacity of the Law Society of Tasmania to provide policy direction, respond to requests for submissions and to deliver a quality continuing professional development program.
Law Reform
The Society has provided submissions on a number of law reform and legislative initiatives including the following:
• Tasmanian Law Reform Institute Issues Paper – Sexual Off ences Against Young People
• dealing in particular with the issues of whether there should be a no defence age for sexual off ences against a young person, the retention of the defence of mistake as to age and the onus of proof in relation to mistake as to age.
• Sentencing Advisory Council Consultation Paper No 2; Assaults on Emergency Service Workers
• the Society submitted that
existing laws and current sentencing practices provide an adequate response to assaults on emergency services workers and noted that the evidence presented in the Consultation Paper does not support the case for
Society supported the Bill and in particular the proposed regime of statutory obligations of disclosure and rights of rescission.
• Workers Rehabilitation and Compensation Amendment (Validation) Bill 2012
• after providing a written
submission the Society appeared before the Legislative Council to provide a briefi ng and answer questions. The Society supported the primary aim of the Bill, which was to provide certainty as to which guidelines are to be used when assessing the degree of permanent impairment under the Workers Rehabilitation and Compensation Act 1988. The Society proposed amendments to the Bill to provide that an assessment was to be carried out according to the guidelines in force at the date of injury.
CPD – A new beginning
Compulsory continuing professional development began on 1 April 2012 for practitioners issued with a Tasmanian practicing certifi cate. The relevant Practice Guideline is consistent with the CPD rules operating in other states and territories. The Society, with the assistance of its specialist and young lawyers committees has put together a comprehensive CPD program. From sixty minute seminars to three day conventions, the profession has embraced its obligations. Individual events have
been consistently well attended across the range of subjects covered. The Society and its CPD committee have fi elded a large number of questions both as to the program itself and the interpretation of the Practice Guideline; a sure sign that the profession is taking its obligations seriously.
The ‘premier’ event of the current CPD calendar is the Tasmanian Advocacy Convention which will be held between 15 and 17 November 2012. The organising committee has assembled an impressive collection of national and international instructors. The convention begins with a reception at Government House, followed by two days of ‘learning by doing’.
Farewell to the Bar Association
The Tasmanian Bar Association (TBA) traditionally represented the interests of members of fi rms whose primary focus was advocacy, as well as barristers. The rise of the independent bar, the more active role of the Law Society in the area of law reform and legal education and the greater resources available to the Society has led to the winding up of the TBA. Its functions will be undertaken by the Society’s litigation committee. To mark the occasion the Governor of Tasmania, the Honourable Peter Underwood AC, himself a life member, unveiled honour boards recording the names of the Presidents and life members of the TBA. Guests included former Governors, former and current members of the judiciary and of course a number of former Presidents.
Rural, regional and remote area funding
The Attorney-General recently announced that the Society had been successful in its application
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