RECORDINGS: Australian Government In-House Counsel Day – 4 March 2021

30 March 2021

Please find below recordings from our six CPD sessions, along with the relevant presentation slides from our Australian Government In-House Counsel Day that we hosted on Thursday, 4 March 2021.

If your server is blocking access to the recordings, you may wish to view the session/s offline or via your personal device.

If you have any queries about the content of our presentations, or would like to discuss HWL Ebsworth delivering a presentation to your Agency, please contact the presenters directly (their contact details are in their presentation slides) or Katarina Szivek, Business Development Specialist on kszivek@hwle.com.au.

Please click here to view the event program containing speaker profiles and team contact cards.

SESSIONSRECORDING & PRESENTATION SLIDES
Session 1 - Ethics panel discussion - What are your ethical obligations where a colleague or employee is a victim of sexual harassment

Join George Marques, Bede Gahan, Vanessa Flowers and special guest speaker ACT Law Society President Elizabeth Carroll for a discussion on ethical scenarios and professional responsibility.

CPD Core Area 1 - Legal Ethics and Professional Responsibility
Please click here to view the recording of this session*.

Please click here to view the presentation slides for this session.

*Warning sensitive content - the following recording contains potentially sensitive content.
Session 2 - Administrative law: goodbye 2020, and things to look forward to in 2021

2020 witnessed several royal commissions, challenges to lockdown laws, and the biggest civil penalty in Australian history. What will the landscape of administrative law look like in 2021? The composition of the High Court is changing and upcoming cases will consider procedural fairness, the requirement to give reasons, and apprehended bias. 2021 is also likely to see the Commonwealth Integrity Commission Bill 2020 presented to Parliament, and a potentially wide-ranging review of the Privacy Act 1988 is underway.
Join Partners Michael Palfrey and Will Sharpe as they farewell 2020 and offer some guidance on the year ahead.

CPD Core Area 4 - Substantive Law and Procedural Law
Please click here to view the recording of this session.

Please click here to view the presentation slides for this session.

Please click here to view the paper on Administrative law in 2020 and the year ahead in 2021.
Session 3 - Automated decision-making and administrative law

In this session Sophie Lloyd and Hailey Musgrove discuss the administrative law issues raised by the increased use of automation and machine learning in government decision-making, drawing from examples in Australia and overseas. We will consider the source of power for computer-assisted processes, different applications of the technology and, most importantly, whether decision-making should be automated and the risks and limitations of doing so.

CPD Core Area 4 - Substantive Law and Procedural Law
Please click here to view the recording of this session.

Please click here to view the presentation slides for this session.
Session 4 - Negotiating for the Commonwealth

Marko Misko and Rachel Bannikoff will cover:

  • preparing a Contract Negotiation Directive;

  • how the Public Service Act 1999, the APS Values and Code of Conduct impact your negotiations;

  • the effect of representations and other statements made in negotiations;

  • maintaining confidentiality and rights under the contract during negotiations;

  • impact of the PGPA Act and CPRs (how negotiations support decision-making and the overall value for money objective); and

  • other general considerations which can drive successful negotiation outcomes (for both contracts and claims).

CPD Core Area 3 - Professional Skills
Please click here to view the recording of this session.

Please click here to view the presentation slides for this session.
Session 5 - When contracts go wrong - tips for avoiding and managing contract disputes

With the benefit of experience from both commercial and disputes lawyers, this session will explore what can be done before approaching the market during the tender process, (including contract negotiations), and during the contract term to minimise the risk of disputes. Despite those efforts, disputes can still arise. The session will also explore strategies to effectively manage and resolve disputes when they arise. Presented by Rebecca Jaffe and Toby Mittelman.

CPD Core Area 4 - Substantive Law and Procedural Law
Please click here to view the recording of this session.

Please click here to view the presentation slides for this session.
Session 6 - Vaccination or termination: can an employer require their workers to be vaccinated?

Bede Gahan will discuss whether:

  • employers can mandate that employees receive the COVID-19 vaccination;

  • considerations for mandating or encouraging employees to be vaccinated; and

  • guidance for dealing with situations when employees refuse to be vaccinated, including disciplinary action, stigma and conscientious objectors.

CPD Core Area 2 - Practice Management and Business Skills OR CPD Core Area 4 - Substantive Law and Procedural Law
Please click here to view the recording of this session.

Please click here to view the presentation slides for this session.

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