We often think of the rule of law in terms of courts and individuals. Institutional and systemic accountability are, however, critical to the health of our democracy, its legal system and the protection of rights.
In the wake of two major crises this year (bushfires and COVID-19), and when numerous royal commissions are examining issues ranging from fire hazard preparation to mental health and aged care quality, many questions have been raised about public and private institutional accountability at both the state and federal level. In the tradition of civic universities, many MLS staff members are actively contributing their expertise to these fora.
As noted last month, Professor Kristen Rundle has been a vocal commentator on Victoria’s COVID–19 Hotel Quarantine Inquiry, which publishes its interim report in November. Her policy brief continues to impact the debate about who is accountable for the management of Victoria’s hotel quarantine arrangements.
Professor Bernadette McSherry is a Commissioner on the Royal Commission into Victoria’s Mental Health System, which released an interim report this year, and Professorial Fellow the Honourable Tony Pagone QC is leading the Royal Commission into Aged Care Quality and Safety, which held its final hearing last week.
Associate Professor Andrew Godwin has been involved in the drive for legal reform of the financial sector, and from December will begin as a Special Counsel on the Australian Law Reform Commission’s Review of the Legislative Framework for Corporations and Financial Services Regulation. Andrew recently spoke to The Age about the need for greater accountability in the financial services sector, including criminal prosecution of individuals.
Earlier this year Professor Cheryl Saunders examined the Australian National Cabinet in a policy brief, positing that while it deserves considerable credit for its effective response to the pandemic in Australia, questions about exactly where the National Cabinet fits in the Australian system of government need attention to ensure public accountability.
Associate Professor Jonathan Liberman, together with colleagues at MLS and the School of Population and Global Health, is leading research for the World Health Organization to support countries in our region in their use of law in responding to COVID-19 across a range of critical policy areas.
Meanwhile, Professors Elise Bant and Jeannie Paterson have argued that Rio Tinto’s destruction of the Juukan Gorge rock shelters in Western Australia earlier this year demonstrated a lack of accountability and ‘corporate conscience’ within the firm, with devastating results.
Through the breadth of this work, MLS staff demonstrate their commitment to identifying causes of systemic failures and recommending changes to the law to avoid their repetition. I celebrate their contributions to inquiries and royal commissions, and those charged with law reform nationally and regionally. Our students benefit from this also, as our academics take their insights into the classroom to challenge the next generation of lawyers and regulators.
As always, stay well and stay safe.
Professor Pip Nicholson
Dean, Melbourne Law School
Feature Stories
The changing face of the legal profession
The pandemic has deeply disrupted many industries and the legal profession is no exception. MLS Senior Fellow Joel Barolsky and Head of Law at KPMG Australia Kate Marshall (GDipIPLaw ‘95) reflect on how the industry is changing for both individuals and organisations.
In October 2019, MLS welcomed lawyers working for legal aid organisations in India, Pakistan and Indonesia as part of the Death Penalty Litigators – Comparative Criminal Justice Study Tour. One year on, we speak with Julian McMahon AC SC (LLB ‘90) about the tour, and catch up with three of the participants to find out what they are doing now.
As the debate about Victoria’s COVID-19 Omnibus (Emergency Measures) Bill continues, Associate Professor Jonathan Liberman says we need to consider the wider challenges to successfully serve the Victorian community – both in our immediate COVID-19 response and in the future.
MLS academics Professor John Howe and Research Fellow Hannah Irving explain how Victoria's Social Procurement Framework can help stimulate the local economy and help those facing hardships because of the pandemic.
Regulating medical devices in the ‘Internet of Things’
People with type 1 diabetes are increasingly using healthcare devices that provide a ‘do it yourself’ approach to the condition. MLS senior research fellow Dr Carolyn Johnston and research assistant Bori Ahn explore the gap between regulation and practice in these healthcare devices.
The University of Melbourne offers a range of alumni-student mentoring programs, and we are currently seeking volunteer legal professionals with three-plus years of experience to mentor Juris Doctor and Melbourne Law Masters students.
Ask Alumni is another University-wide mentoring program open to all current students and alumni. It is a flexible way for you to make a world of difference to students, one conversation at a time.
To find out more about mentoring at Melbourne, visit our website or email us.
What's on at MLS
An Australian International Commercial Court
Did you miss our webinar on the topic of international arbitration this week? You can now watch this engaging discussion with former Supreme Court Chief Justice Marilyn Warren AC QC and Professor Doug Jones AO in conversation with Professor John Sharkey AM, as they discuss whether Australia can and should establish an International Commercial Court.
Trump/Biden 2020: Unpacking an election like no other
The Faculty of Arts at the University of Melbourne has brought together a group of experts to debate central issues of the US election campaign as they unfold. In episode one of this online series, Associate Professor Tim Lynch joins Associate Professor Andrea Carson (La Trobe University) to discuss the key pressure points of US politics and what they could mean for Australia and the world.
The Frontiers of Public Law offers expert insights into the most important issues emerging in public law. Join the Honourable Michelle Gordon AC, as well as editors and contributors including MLS Professors Jason Varuhas and Kirsty Gover, and the University of Sydney’s Professor Anne Twomey, to celebrate this new publication.
Dr Francis Gurry will reflect on his 35 years of service with the World Intellectual Property Organisation – and what the future holds for IP – in a free-flowing and candid discussion with MLS Professor Andrew Christie and Michael Caine, President of the Institute of Patent and Trade Mark Attorneys of Australia (IPTA).
The recent expansion of mental health services in the Federal Government’s Better Access initiative has raised concerns for some mental health experts, including MLS Researcher Dr Piers Gooding, who argue that tackling the social underpinnings of distress would be a better use of government funding.
What is ‘rules-based order’, how is it developing in Australia and will it endure? MLS Professor Hilary Charlesworth discusses this recent concept with Australian National University's Chancellor Julie Bishop and Professor Rory Medcalf and the Asia Society’s Richard Maude in new research by the Lowy Institute.
Australian Council of Trade Unions (ACTU ) wage theft deal
According to MLS labour law expert Professor John Howe, the big issue with the new ACTU wage theft deal, which offers employers immunity from civil penalties in return for backpay, is distinguishing between employers who are making inadvertent errors and those participating in “willful blindness”.
How can we mobilise the post-pandemic economy if our system continues to penalise working mothers? “The highest tax rates in the system are borne by women with children when they seek to return to work or increase their work hours,” says MLS tax law expert Professor Miranda Stewart.