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SECRETARY-GENERAL ∫rom the
RECENTLY THE LAW COUNCIL’S SECRETARIAT HELD A HALF DAY PLANNING DAY TO DISCUSS OUR PRIORITIES FOR THE NEXT FIVE YEARS.
To do this eff ectively, we started by identifying things we do well and things we would prioritise for improvement. The various ‘break out’ groups all identifi ed the Law Council’s advocacy through submission writing as one of our great strengths. I doubt whether anyone could disagree with this assessment.
The Law Council’s work on the National Electronic Conveyancing System (NECS) is a good example of successful advocacy.
The Law Council’s aim has been to contribute to the creation of an effi cient and eff ective NECS and to protect the interests of consumers and the legal profession.
Most recently, the Law Council has made submissions concerning exposure drafts of the Electronic Conveyancing National Law and Model Participation Rules, which form part of the regulatory framework.
As a result of the Law Council’s submissions and discussions with the Australian Registrars’ National Electronic Conveyancing Council (ARNECC), changes have been made to the National Law and the Model Rules, including:
• Amending the attribution rule to limit the circumstances in which a legal practitioner is bound by a digital signature;
• Revising verifi cation of client identity requirements so that a legal practitioner is required only to take reasonable steps to verify identity;
• Revising absolute requirements under the Model Rules to an obligation to take reasonable steps regarding obligations such as ensuring that a legal practitioner’s employees are of good character and reputation.
Employees who are legal practitioners are now deemed to meet this requirement.
ARNECC has also committed to revising the client authorisation form in consultation with legal practitioners and the Law Council has nominated two members of its Working Group to assist ARNECC.
The changes that have been made to the regulatory framework and ARNECC’s commitment to further consultation with the legal profession are a direct result of the Law Council’s advocacy.
The Secretariat is grateful for the expert contributions of members of the Law Council’s NECS Working Group, particularly the Chair, Philip Argy, of the Business Law Section, and Murray McCutcheon of the Legal Practice Section. All Law Societies are represented on the Working Group. The NECS project is an exemplar of how, by combining the skills of staff within the Secretariat and the expertise of members of Committees, Working Groups and Sections, the Law Council of Australia can eff ect successful advocacy.
I will keep you informed of other outcomes from the Planning Day in this column and in other ways in coming months.
Professor Sally Walker Secretary-General
MAR–MAY 2012
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