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Climate Change Policy to guide legal evolution

Law Council of Australia Media Release

Australia’s laws, the legal profession, legal education and legal practice must all keep pace with the challenges and opportunities created by climate change.

Releasing the Law Council of Australia’s new Climate Change Policy today, President, Dr Jacoba Brasch QC said, “we must ensure the legal implications of climate change are as well understood as the physical risks it presents to all facets of natural and human life and its transition risks and opportunities, such as fundamental shifts in employment.

“The legal implications of climate change are currently being tested in our courts and tribunals, but we need to proactively adapt to be ready for the future.”

Climate change is already causing a shift in legal demands, changes in the law, and the emergence of novel, complex questions of law across multiple practice areas.

“Our response must ensure we have a profession armed with the skills and knowledge to meet these changing demands,” Dr Brasch said.

“Access to justice must be available to Australians in need. Legal assistance bodies and pro bono services providers will need to be adequately resourced to meet these new demands, particularly as climate change may compound existing disadvantage throughout Australian society as marginalised groups are less able to recover from and adapt to a changing climate.

“The legal profession will have a lead role in advocating for, and assessing, federal and national law and policy reforms responding to climate change. It will look to ensure that Australia’s international law obligations – which include the United Nations Framework Convention on Climate Change, the Paris Agreement, and environmental and human rights treaties – are fully implemented domestically. Rule of law principles must also be observed, including that the law should promote certainty and clarity in this area.

“In accordance with their professional obligations, individual lawyers will need to be alive to the unfolding legal implications of climate change and its consequences and ready to assist clients on climate change-related matters within their areas of skill and competence.

“Like all Australians, lawyers should also be encouraged to consider what actions they can take to contribute to global efforts to mitigate climate change. This may involve reducing their own carbon footprint and introducing more environmentally sustainable business practices.”

 

The Law Council of Australia’s Climate Change Policy is available here.

 

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3 comments

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  1. Yes Minister

    The professor is full of shit. In reality the hoi polloi have no access to justice, let alone equal access. Justice is a commercial commodity in which the amount one receives is directly proportional to the balance of one’s bank account. Just imagine an ordinary person taking on Clive Palmer, Twiggy Forrest or Gina Reinhart. Same applies to a citizen challenging an official entity with unlimited resources … failure is hard coded into legislation. The judiciary know that most defendants pleading guilty are in that situation because they can’t justify the extortionate cost of defence, but what magistrate or judge has ever drawn attention to that situation ? Certainly the Constitution goes on about judicial review but it doesn’t apply in real life. We see the same farcical male bovine dropping with separation of powers where IMO all three arms of government are equally corrupt. It is expected that practicing members of the legal – judicial racket fall into line with the organized crime gang trading as government, but surely it is reasonable to expect an academic to be more enlightened … seems that is a forlorn hope.

  2. Phil Pryor

    What will our conservative politicians make of this, those benighted savages of greedy grabbing from donors and patrons?? B Joyce seems to spend huge hours in staring at schooner bottoms, dunny bowls, pillows, departing disappointed females and assorted pleadings for grafty assistance. And, what of the P M, poncing at camera lenses to appear to exist? A huge fake talks up a lead sentence for another cartoon. A Nation led by a platyhelminthic prick is a nation betrayed, misled, confused, deluded. We deserve an improvement, even if a dunce, but an honest idiot would be a rise of ballistic improvement. A government of marinating manure is NOT GOOD ENOUGH.

  3. Canguro

    Laurie Anderson in her piece Mambo and Bling told the following:

    She said she just loved how John McCain called Rush Limbaugh a clown. Then, when he was doing an interview, the interviewer said ‘Now, don’t you think you owe an apology?’

    And McCain said ‘Yes, I’d like to apologise to all the clowns, Rusty and Bozo and Crusty, and I’ve been getting letters and emails from them, and they’re all very offended that I mentioned them in the same breath with a weasel like Mr Limbaugh.’

    Ah yes, let’s hear it for the clowns. Your silence will be considered… your consent.

    There’s unrest & agitation amid the helmiths tonight, after Mr Pryor’s alignment of their kind with the weasel who masquerades as a dunce masquerading as a court jester who’s masquerading as the preeminent and peerless pontificator.

    Apologies to Roswell, it’s not a good news story.

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