2008 THIRTEENTH PUBLIC LAW WEEKEND PROCEEDINGS


13TH ANNUAL PUBLIC LAW WEEKEND
Public Law: Public Leadership
National Museum of Australia, Canberra
31 October -1 November 2008

Conference Program


Hosted by the Centre for International & Public Law, ANU College of Law, The Australian National University


Papers (see below)
Photographs (to be uploaded shortly)

 Please note that the papers are posted exactly as they were received. No process of editing or correction has been undertaken. Copyright in all papers resides with the respective authors.

FRIDAY: 31 OCTOBER 2008

OPENING: PROFESSOR KIM RUBENSTEIN, ANU COLLEGE OF LAW

SESSION 1: PUBLIC LAW LEADERSHIP AND PARLIAMENT
CHAIR: PROFESSOR DON ROTHWELL, THE ANU COLLEGE OF LAW
Mark Dreyfus QC MP, Chair, House of Representatives Standing Committee on Legal and Constitutional Affairs
Constitutional leadership Paper
Professor David Marsh, Director, Research School of Social Sciences (RSSS), ANU
From Hierarchy to Network Governance: the case of 20/20 Paper
Dr Carmen Lawrence, Professorial Fellow, Institute of Advanced Studies University of Western Australia
Parliamentary Leadership in Times of Emergency Paper

SESSION 2: PUBLIC LAW LEADERSHIP AND THE EXECUTIVE: PART 1
CHAIR: LEIGHTON MCDONALD, ANU COLLEGE OF LAW
Yee Fui Ng, Research Fellow, ANU College of Law
Australian Tribunals as World Leaders Paper
Dr Geoff Airo-Farulla, State Director – Queensland, Commonwealth Ombudsman
The Ombudsman’s Office as Public Law Leader
Megan Davis, Director, Indigenous Law Centre, UNSW
Executive Policy Leadership in the International Realm: Indigenous Issues

SESSION 3: PUBLIC LAW LEADERSHIP IN THE EXECUTIVE: PART II
FOI AND PRIVACY AS A CASE STUDY
CHAIR: DANIEL STEWART, ANU COLLEGE OF LAW
Professor Les McCrimmon, Australian Law Reform Commission (ALRC)
The First stage of Implementation: The ALRC Privacy Report
Associate Professor Moira Paterson, Monash Law
FOI Reforms: Background Context and Possible Future Directions Paper
Joan Sheedy, Assistant Secretary, Privacy and FOI Branch, Department of Prime Minister and Cabinet
A Progress report on FOI and Privacy at the Commonwealth Level

SESSION 4: UPDATES
CHAIR: MATTHEW ZAGOR, ANU COLLEGE OF LAW
Kathryn Graham, Senior General Counsel, Australian Government Solicitor
Recent Changes to Commonwealth Appropriations Legislation: Learning from Combet
Benjamin O’Donnell, NSW Bar: Hickman vs Project Blue Sky: The Implications of the High Court’s Decision in Commissioner of Taxation v Futuris Corporation Limited. Paper

ELEVENTH GEOFFREY SAWER LECTURE
Emeritus Professor Lesley Zines, ANU College of Law: Chief Justice Gleeson and the Constitution
Presented by Professor Michael Coper, Dean, ANU College of Law
Flyer Opening Audio MP3

The Geoffrey Sawer Lecture is a stand-alone event that was held in conjunction with the Public Law Weekend for the first time in 2007. The Lecture is open to the public as well as conference participants.

SATURDAY: 1 NOVEMBER 2008

SESSION 1: PUBLIC LAW LEADERSHIP AND ACADEMIA
CHAIR: PROFESSOR KIM RUBENSTEIN, ANU COLLEGE OF LAW
Professor George Williams, UNSW, Visiting Fellow, ANU College of Law
The Move Towards a National Charter of Human Rights Paper
Associate Professor Graeme Orr, University of Queensland
How Public?: The media and Public Law Academics Paper
Judge Jack Goldring, District Court of NSW
Academics as Leaders in the Judiciary Paper

SESSION 2: UPDATES RECENT CASES
CHAIR: AMELIA SIMPSON, ANU COLLEGE OF LAW
Romany Tauber, Research and Policy Officer, Northern Land Council
Blue Mud Bay: Northern Territory of Australia And Director Of Fisheries (NT) V Arnhem Land Aboriginal Land Trust, Northern Land Council, Native Title Holders, Northern Territory Seafood Council And Commonwealth Of Australia
Paper
Rachel Harris, Lawyer, Australian Government Solicitor
The Queen v Tang (M 79/2007) Paper
Kevin Boreham, Lecturer, ANU College of Law
Evans v State of New South Wales [2008] FCAFC 130 (15 July 2008): Presumption against interference with fundamental rights and freedoms Paper

SESSION 3: PUBLIC LAW LEADERSHIP IN THE COURTS
CHAIR: SIMON RICE, ANU COLLEGE OF LAW
Claire Harris, Victorian Bar
The role of Amicus as a Form of Leadership? Paper
Ernst Willheim, Visiting Fellow, ANU College of Law
An Amicus Experience in the High Court Paper
Dr Heather Roberts, Lecturer, ANU College of Law
The place of 'Swearing-in Speeches' as Indicators of Leadership Paper

PHOTOGRAPHS (to be posted shortly)