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					                                    A A C L
    Australian Association of Constitutional Law

Bulletin No 2                                                                               June 2002

                              Activities and Other News, 2002

1. Future activities                                     This conference is intended to deal with issues
                                                         concerned with State constitutional and
1.1 National Conference / Annual General                 parliamentary reform. It is seen as a precursor to
Meeting 2002                                             the broader constitutional convention which the
                                                         newly elected SA Government agreed to hold, in
The 2002 Annual Conference has been organised            its agreement with the Speaker of the SA House
by the Centre for Comparative Studies, University        of Assembly. It is hoped that a discussion of such
of Melbourne in association with the AACL:               issues by a conference of parliamentarians,
                                                         lawyers, academics and other interested persons
   1. Topic: “Dead Hands or Living Tree? [and            may help to inform the debate about State
           other constitutional conundrums]”.            constitutional reform in South Australia before the
   2. Dates: 6-8 December                                holding of the constitutional convention.
   3. Venue: Law School, at the University of
           Melbourne.                                    A range of prominent international, interstate and
                                                         local speakers drawn from the judiciary,
The Conference will take the form of a Festschrift       parliaments,     universities and     government
to honour the contribution made by Geoffrey              departments have accepted invitations to deliver
Lindell to the teaching and practice of Australian       papers at this conference.
constitutional law. The conference program
comprises a number of topical questions in               For further details about the program and
Australian constitutional law and will be                information about travel to, and accommodation
addressed by a range of very distinguished               in, Adelaide please visit the conference web site
                                                         or contact Dr J Williams (Tel (08) 8303 4018;
The Annual General Meeting of the AACL will              Email:
also be held in conjunction with the conference.
                                                         1.3 Other future State and Territory Activities
For further details including information about
travel to, and accommodation in, Melbourne               Some AACL activities are carried out at the State
please    visit    the    AACL      web     site         and Territory level, to enable members to be
<> or contact Stacey          involved with the Association locally as well as
Watts (email: au).                   nationally. State and Territory advisory panels
                                                         have been appointed to convene local functions
1.2 State Conference                                     The panels consist of the following persons:

The following conference has been organised by              ACT: Professor A Byrnes, Dr F. Wheeler,
the University of Adelaide in conjunction with the          Dr A Stone, Mr G Hill and Ms G Ebbeck.
                                                            NSW: Mr D Jackson QC, Mr S Gageler SC,
1. Topic: “State Constitutions and their Reform”            Professors G Winterton and G Williams and C
2. Dates: 17 – 18 August                                    Hodgkiss.
3. Venue: Auditorium of the Art Gallery of South
           Australia, Adelaide.                             QLD: Associate Prof Carney, Mr P Keane QC,
                                                            QLD Solicitor-General and Mr C Lohe.

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      Australian Association of Constitutional Law

   SA: Dr M Perry, Mr B Selway SA Solicitor –            2. Past activities
   General, Dr John Williams and Prof G Lindell.
                                                         2.1 Annual General Meeting / Conference:
   Vic: The Hon Justice Heerey, Ms K Walker,             2001
   Mr Donaghue and Prof C Saunders.
                                                         The AACL held its 2001 Annual Conference in
   WA: The Hon Justice French, Mr Peter                  Perth WA on 22-23 September 2001 in
   Johnston and Dr Jim Thomson.                          conjunction with its Annual General Meeting on
                                                         23 September 2001. The theme of the Conference
The following local activities have been planned         was “A Celebration of Federation: The Australian
or are in the process of being planned for this          Constitution in Retrospect and Prospect”. It was
year:                                                    well attended despite the disruptions caused by
                                                         the Ansett Airline collapse.
New South Wales
                                                         The papers delivered at this conference are
   • The role and functions of the Attorney-             presently being edited by the President, Justice
     General on the evening of either Thur 22 or         French, the Vice-president, Professor Saunders
     29 August, depending on the availability of         and the Secretary, Professor Lindell for
     venues and possibly followed by a dinner.           publication in a book proposed to be published by
                                                         Federation Press.
   • Immigration and the Constitution in about
     November (details yet to be finalized).             The minutes for the 2001 AGM have been placed
                                                         on the AACL web site:
  •    An address by Justice French, “The
       Reference Power s 51(xxxvii)” to be               2.2 State and Territory activities
       delivered on Wednesday 28 August, venue
       to be confirmed, followed by a dinner.               ACT

Victoria                                                       • A “Current Issues Forum” on the subject
                                                                 of “The Saving of the Governor-
   • An address on the office of the Attorney-                   General: The Law and Politics of the
     General, to be delivered by the Federal                     Hollingworth Affair” was held at the
     Attorney-General on 27 September.                           Australian National University during
                                                                 lunch on 18 April. It was organized in
Western Australia                                                association with the Centre for
                                                                 International and Public Law, ANU. The
   • Justiciability and deference on 10 July to be               Forum was chaired by Professor Byrnes
     addressed by Professor J McMillan and Ms                    and was addressed by a panel of
     R Creyke from the Australian National                       speakers: Mr L. McDonald, Prof J
     University.                                                 McMillan, Mr J Stellios and Dr A Stone,
                                                                 all of the ANU.
   • Tort liability of government to be addressed
     by the SA Solicitor–General at a date yet to
     be fixed.
                                                               • A round table conference discussion was
                                                                 held at Parliament House Brisbane on 5
   • Church and State, in conjunction with the
                                                                 June. It dealt with a number of issues
     University of Notre Dame (for which a
                                                                 which relate to the reform of the QLD
     provisional program has been prepared).
                                                                 Constitution arising out of the
                                                                 publication of the issues paper by the
                                                                 Legal and Constitutional Affairs

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    Australian Association of Constitutional Law

            Committee of the QLD Parliament. The                 •   the next meeting of the Council and
            issues discussed included judicial                       Congress is due to be held in Santiago
            independence and the incorporation of                    in Chile on 11-17 January 2004
            the Westminster Conventions
                                                                 •   the Council is the final decision
   SA                                                                making authority of the IACL.

        • A seminar was held in the Torrens                  (2) Membership of the IACL makes Australia
          Barristers Chambers in Adelaide on 16                 a formal part of the growing community of
          March which consisted of a joint address              scholars and national associations around
          by the SA Solicitor-General and the                   the world concerned with the discipline of
          Secretary on the subject of the Human                 constitutional law
          Rights Act (UK) and Parliamentary
          Sovereignty.                                           •   the number of member associations
                                                                     from common law countries in
   WA                                                                particular has increased in recent
                                                                     years, with national associations have
        • A twilight seminar was held at the                         been recently formed or about to be
          Commonwealth Law Courts in Perth on                        formed in such countries as the US,
          22 May at which an address was given                       UK, Canada, and South Africa.
          by the Federal Attorney-General
          entitled, “Making Federalism Work: A            The IACL has recently had a Round Table
          New Frame of Reference”. The address            Discussion in Athens, Greece, on the topic of
          dealt with the advantages of co-                “Religion and the Constitution” and another is
          operative federalism and the recent             planned to be held on 26 – 30 November in
          reference of the corporations and other         Beijing, China, on the subject of “Free Market
          opportunities for similar Commonwealth          and Constitution”. Further details will be
          and State co-operation including in the         distributed to members as they become available.
          area of national security.
                                                          4. Incorporation and Tax status
3. International Association of Constitutional
   Law (IACL)                                             Following the decision taken at the Annual
                                                          General Meeting in September 2001, the
The AACL is a member of the IACL (together                Association was incorporated under the
with a growing list of common law and civil law           Associations Incorporation Act 1981 (Vic) as
countries).                                               amended on 14 January 2002. The Public Officer
                                                          of the Association is the Vice-president, Professor
The principal benefits of that membership are:            Cheryl Saunders.

   (1) Each national Association is entitled to two       The new rules adopted for the Association
      members on the IACL Council which meets             consequent     upon    its     incorporation  are
      every four years in conjunction with the            substantially similar to those in force before
      meeting of the IACL World Congress                  incorporation. They ensured continuity of
                                                          ordinary membership and also Executive and
        •    the last World Conference was in             other Council membership of the Association. The
             Rotterdam, The Netherlands and the           present members of the Executive and the Council
             two AACL Representatives that                for the AACL continue to hold office until 28
             attended the IACL Council Meeting            February 2003. The new rules have been placed
             held at that time were the Vice-             on the Association’s web site:
             President and the former Treasurer, Dr
             Wheeler                                         <>

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    Australian Association of Constitutional Law

The income tax exempt charity status of the                practical result of the requirement that
AACL was also recognised by the Australian Tax             subscriptions be collected on the basis of a
Office on 1 October 2001.                                  financial year, whereas they were previously
                                                           collected by calendar year. The requirement is
5. Distribution of Special Issue of the University         contained in the new rules adopted for the
of Notre Dame Australia Law Review                         Association following its incorporation. The
                                                           decision was also made possible by the healthy
Each member of the Association will receive a              state of the finances of the Association.
free copy of a special issue of the University of
Notre Dame Australia Law Review, “Planning a               8. AACL Website
New Republic”. The Issue is devoted to the
publication of the papers delivered at the AACL            The AACL website has been re-activated to keep
Conference which was held in Fremantle WA in               members informed of AACL activities and
October 2000 and dealt with the design of a new            developments throughout Australia. It may be
Australian republic.                                       accessed by visiting:

6. Sponsorship of a Prize for a National                     <>
Mooting Competition

At its last meeting the AACL Council decided to            30 June 2002
accept the invitation extended by the TC Beirne
School of Law, University of Queensland, to
sponsor a prize in the newly established Sir Harry
Gibbs National Mooting Competition. The prize
will be awarded to the Highest Ranked Team in
the General rounds of the Competition.

The Competition is open to all Law Schools in
Australia and will concern current federal issues,
with a particular focus on Constitutional Law. It is
intended to borrow from the methodology
established for the Jessup International Law Moot
Competition. The first Round is due to take place
in Brisbane on 1 – 5 October 2002.

It is possible that members of the AACL may be
invited to participate in the preparation and
judging of these moots.

7. Subscriptions

Members will by now have received their
membership renewals and a request to pay their
annual subscriptions for the financial year 1 July
2002 – 30 June 2003.

At its last meeting the Council approved on a trial
basis the provision of a credit facility for members
wishing to pay their subscription by credit card.

The Council also agreed that members should not
be required to pay subscriptions for the six month
period Jan – June 2002. This comes about as a


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