Chapter 1 - Introduction and background
[1]
Journals of the Senate No. 7, 15 September 2016, pp. 214-215.
[2]
Attorney-General's Department, Legal Services Directions and Guidance
Notes, https://www.ag.gov.au/LegalSystem/LegalServicesCoordination/Pages/Legalservicesdirectionsandguidancenotes.aspx
(accessed 1 November 2016).
[3] Journals
of the Senate No. 153, 4 May 2016, p. 4246.
[4]
Legal Services Amendment (Solicitor-General Opinions) Direction 2016,
Explanatory Statement (ES), p. 1.
[5] ES, p. 3.
[6]
It is noted that the Act is incorrectly named in the Explanatory
Statement as the Legislative Instruments Act 2003.
[7]
ES, pp. 1–2.
[8]
Senator the Hon George Brandis QC, Attorney-General,
Senate Hansard, 10 October 2016, p. 37.
[9]
Laura Tingle, 'George Brandis in bitter legal fight goes to rule of law',
Australian Financial Review, 16 June 2016, http://www.afr.com/news/politics/george-brandis-in-bitter-legal-fight-goes-to-rule-of-law-20160616-gpkvyv
(accessed 1 November 2016).
[10]
Laura Tingle, 'George Brandis in bitter legal fight goes to rule of law', Australian
Financial Review, 16 June 2016, http://www.afr.com/news/politics/george-brandis-in-bitter-legal-fight-goes-to-rule-of-law-20160616-gpkvyv
(accessed 1 November 2016).
[11]
Laura Tingle, 'George Brandis in bitter legal fight goes to rule of law', Australian
Financial Review, 16 June 2016, http://www.afr.com/news/politics/george-brandis-in-bitter-legal-fight-goes-to-rule-of-law-20160616-gpkvyv
(accessed 1 November 2016).
[12] Journals
of the Senate No. 5, 13 September 2016, p. 166.
[13]
Senate Standing Committee on Regulations and Ordinances, Delegated
Legislation Monitor 6 of 2016, 14 September 2016, pp. 24-25.
[14]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of Australia
to Senator the Hon George Brandis QC, Attorney-General of the Commonwealth of
Australia, correspondence sent 24 October 2016.
[15]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of Australia
to Senator the Hon George Brandis QC, Attorney-General of the Commonwealth of
Australia, correspondence sent 24 October 2016.
Views of the Attorney-General
[1]
Senator the Hon George Brandis QC, Attorney-General of the Commonwealth
of Australia (Attorney-General), Submission 5, p. 3.
[2]
Submission 5, p. 3.
[3]
Submission 5, p. 4.
[4]
Submission 5, p. 5.
[5]
Submission 5, p. 5. Emphasis added.
[6]
Submission 5, p. 5.
[7]
Submission 5, p. 5.
[8]
Submission 5, p. 5.
[9]
Submission 5, p. 5.
[10]
Mr Chris Moraitis PSM, Secretary, Attorney-General's Department,
answers to questions on notice, 3 November 2016 (received 7 November 2016), p.
5.
[11]
Committee Hansard, 5 October 2016, p.11.
[12]
Mr Chris Moraitis PSM, Secretary, Attorney-General's Department, answers
to questions on notice, 3 November 2016 (received 7 November 2016), p. 5.
[13]
Submission 5, p. 5.
[14]
Submission 5, p. 6.
[15]
Submission 5, p. 6.
[16]
Submission 5, p. 6. Emphasis added.
[17]
Legal Services Amendment (Solicitor-General Opinions) Direction 2016,
Explanatory Statement (ES), p. 2.
[18]
Submission 5, p. 6.
[19]
Submission 5, p. 7.
[20]
Submission 5, p. 7.
[21]
Committee Hansard, 14 October 2016, p. 37.
[22]
Submission 5, p. 6.
[23]
Submission 5, p. 7.
[24]
Submission 5, p. 7.
[25]
Committee Hansard, 14 October 2016, p. 38.
[26]
Committee Hansard, 14 October 2016, p. 37.
[27]
Committee Hansard, 14 October 2016, pp. 47 and 51.
[28]
Committee Hansard, 14 October 2016, pp. 49 and 50.
[29]
Committee Hansard, 14 October 2016, p. 51.
[30]
Committee Hansard, 14 October 2016, p. 59.
[31]
Committee Hansard, 14 October 2016, p. 59.
[32]
Committee Hansard, 14 October 2016, p. 67.
Chapter 3 - Views of the Solicitor-General
[1]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of
Australia, Submission 3, p. 8.
[2]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of Australia
to Senator the Hon George Brandis QC, Attorney-General of the Commonwealth of
Australia, correspondence sent 12 November 2015.
[3]
Submission 3, p. 21.
[4]
The letter is attached to the submission of Mr Justin Gleeson SC,
Solicitor-General of the Commonwealth of Australia, Submission 3, pp. 19–21.
[5]
Submission 3, p. 9.
[6]
Submission 3, p. 9.
[7]
Submission 3, p. 10.
[8]
Submission 3, p. 10.
[9]
Submission 3, p. 9.
[10]
Submission 3, p. 9.
[11]
Mr Chris Moraitis PSM, Secretary, Attorney-General's Department, answers
to questions on notice, 3 November 2016 (received 7 November 2016), p. 1.
[12]
Submission 3, p. 10.
[13]
Submission 3, p. 11.
[14]
Submission 3, p. 12.
[15]
Submission 3, p. 12.
[16]
Legal Services Amendment (Solicitor-General Opinions) Direction 2016,
Explanatory Statement, p. 2.
[17]
These handwritten notes were provided as an attachment to the A-G's
submission to this Inquiry.
[18]
Committee Hansard, 14 October 2016, p. 24.
[19]
Committee Hansard, 14 October 2016, p. 24.
[20]
Committee Hansard, 14 October 2016, pp. 25–26.
[21]
Submission 3, p. 12.
[22]
Committee Hansard, 14 October 2016, p. 24.
[23]
Dr Gabrielle Appleby, Associate Professor and Co-Director of the Judiciary
Project, Gilbert and Tobin Centre of Public Law, UNSW, Submission 2, pp.
7–8.
[24]
Submission 2, p. 8.
[25]
Committee Hansard, 5 October 2016, p. 1.
[26]
Sir Anthony Mason, 'The Parliament, the Executive and the
Solicitor-General' in Gabrielle Appleby, Patrick Keyzer and John M Williams
(eds) Public Sentinels: A Comparative Study of Australian Solicitors-General
(2014), p. 50.
[27]
Dr Gavan Griffith QC, Submission 7, pp. 5 and 6.
[28]
Submission 7, p. 5.
[29]
Submission 7, p. 1.
[30]
Submission 7, p. 1.
[31]
Committee Hansard, 14 October 2016, p. 38.
[32]
Dr Andrew Edgar, Associate Professor, Faculty of Law, University of
Sydney, Submission 6, p. 1.
[33]
Submission 6, pp. 1–2.
[34]
For example, it was held that notice provided to the consulted person
should provide sufficient detail for the consulted person to provide an
informed submission: Scurr v Brisbane City Council (1973) 133 CLR 242,
252; and that a new round of consultation should be carried out when
substantial changes are made to a proposal after the initial
consultation process is held: Leichhardt Council v Minister for Planning
[No 2] (1995) 87 LGERA 78, 84, 88.
[35]
R v Brent London Borough Council; Ex parte Gunning (1985) 84 LGR
168, 189.
[36]
Submission 3, p. 15.
[37]
Submission 3, p. 15.
[38]
Submission 3, p. 15.
[39]
Submission 3, p. 15.
[40]
Submission 3, p. 16.
[41]
Submission 3, p. 16.
[42]
Submission 3, p. 16.
[43]
Submission 3, p. 16.
[44]
Submission 3, pp. 16–17.
[45]
Committee Hansard, 14 October 2016, p. 6.
[46]
Committee Hansard, 14 October 2016, p. 27.
Chapter 4 - Committee views and recommendations
[1]
Dr Gavan Griffith QC, Submission 7, p. 1.
[2]
Submission 7, p. 1.
[3]
Laura Tingle, 'George Brandis in bitter legal fight goes to rule of law',
Australian Financial Review, 16 June 2016, http://www.afr.com/news/politics/george-brandis-in-bitter-legal-fight-goes-to-rule-of-law-20160616-gpkvyv
(accessed 1 November 2016).
[4]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of
Australia, Submission 3, p. 16.
[5]
Submission 3, p. 16.
[6]
Submission 3, pp. 16–17.
[7]
Committee Hansard, 5 October 2016, p. 1.
[8]
Submission 7, pp. 5 and 6.
[9]
Legal Services Amendment (Solicitor-General Opinions) Direction 2016,
Explanatory Statement (ES), p. 2.
[10]
Attorney-General, Senator the Hon George Brandis QC, Senate Hansard,
10 October 2016, p. 37.
[11]
Committee Hansard, 14 October 2016, p. 65.
[12] Submission
3, p. 31.
[13]
Committee Hansard, 5 October 2016, p. 16.
[14] Mr Chris
Moraitis PSM, Secretary, Attorney-General's Department, answers to questions on
notice, 3 November 2016 (received 7 November 2016), p. 5.
[15] Submission
3, p. 31.
[16]
Committee Hansard, 14 October 2016, p. 54.
[17]
[1942] AC 206.
[18]
Committee Hansard, 14 October 2016, p. 51.
[19]
Submission 3, p. 16.
[20]
Senate Standing Committee on Regulations and Ordinances, Delegated
Legislation Monitor 6 of 2016, 14 September 2016, p. 24.
[21]
Mr Justin Gleeson SC, Solicitor-General of the Commonwealth of Australia
to Senator the Hon George Brandis QC, Attorney-General of the Commonwealth of
Australia, correspondence sent 24 October 2016.
Dissenting Report from Government Senators
[1]
Committee Hansard, 14 October 2016, p. 5.
[2]
Committee Hansard, 14 October 2016, p. 36.
[3]
Submission 3, p. 19.
[4]
Submission 3, p. 20.
[5]
Committee Hansard, 14 October 2016, p. 7.
[6]
Submission 3, p. 4.
[7]
Committee Hansard, 14 October 2016, p. 8.
[8]
Committee Hansard, 14 October 2016, p. 10.
[9]
Legislation Act 2003 (Cth), s 17.
[10]
Committee Hansard, 14 October 2016, p. 38.
[11]
Committee Hansard, 14 October 2016, p. 38.
[12] Legal Services Amendment
(Solicitor-General Opinions) Direction 2016, Explanatory Statement.
[13]
Committee Hansard, 14 October 2016, p. 39.
[14]
Committee Hansard, 14 October 2016, p. 24.
[15]
Committee Hansard, 14 October 2016, p. 12.
[16]
Committee Hansard, 14 October 2016, p. 24.
[17] Committee Hansard,
14 October 2016, p. 38.
[18]
Submission 5, p. 5.
[19] Committee Hansard,
14 October 2016, p. 25.
[20] Committee Hansard,
14 October 2016, p. 38.
[21]
Committee Hansard, 14 October 2016, p. 36.
[22]
Committee Hansard, 14 October 2016, p. 37.
[23]
Committee Hansard, 14 October 2016, p. 15.
[24]
Committee Hansard, 14 October 2016, p. 37.
[25]
Committee Hansard, 14 October 2016, p. 39.
[26]
Committee Hansard, 14 October 2016, p. 24.
[27]
Legal Services Amendment (Solicitor-General Opinions) Directions 2016,
Explanatory Statement.
[28]
Submission 5, p. 6.
[29]
Attorney-Generals Department, Legal Services Directions and Guidance Notes,
https://www.ag.gov.au/LegalSystem/LegalServicesCoordination/Pages/Legalservicesdirectionsandguidancenotes.aspx (Accessed 8 November 2016).
[30]
Legal Services Amendment (Solicitor-General Opinions) Directions 2016,
Explanatory Statement.