Committee Charter

 

CRIMINAL LAW COMMITTEE CHARTER

  1. AREAS OF RESPONSIBILITY

    The Criminal Law Committee (CLC) is the committee of the Association which deals with matters involving (collectively criminal matters):

    1. the substantive criminal and disciplinary law (common law and statute, State and Commonwealth) (criminal law);
    2. criminal and disciplinary investigations and proceedings (collectively criminal proceedings);
    3. criminal and disciplinary investigative bodies and investigative powers, duties, and procedures;
    4. courts and tribunals insofar as they hear criminal proceedings;
    5. the rules of evidence and procedure (criminal rules) insofar as they relate exclusively to criminal proceedings;
    6. prosecutors, victims and accused.
  2. FUNCTIONS

    The CLC is responsible for:

    1. pro-actively, and upon referral by the President or the Bar Council, reviewing the content of State criminal law and criminal rules;
    2. taking action where desirable to initiate and promote reform of State criminal law and criminal rules;
    3. making submissions to the State Government concerning criminal law changes proposed by the Government and criminal law reform proposed by the Association ;
    4. making submissions to the State Government, investigative bodies and/or the courts concerning criminal rules proposed by them and law reform proposed by the Association;
    5. liaising with the State Government, investigative bodies and/or the courts in relation to criminal matters;
    6. liaising with the Commercial & Civil Law Committee concerning promotion of a law reform body in South Australia and submissions to any such body as is established;
    7. liaising with the criminal law committee of the Law Society of South Australia;
    8. liaising with the Law Council of Australia (usually via the President) in relation to:

      1. Federal criminal law, criminal rules and criminal proceedings;
      2. uniform criminal law and rules;
      3. criminal matters extending beyond South Australia;
    9. liaising with the Professional Development Committee concerning the provision of education and materials to members of the Association in relation to criminal matters;
    10. reviewing the scope of its activities and of this charter.
  3. CONSULTATION WITH PRESIDENT

    The CLC consults with the President prior to:

    1. making any proposed submissions to the Government;
    2. making any proposals for law reform;
    3. any proposed dealings with the media;
    4. any proposed dealings with the LCA.
  4. MEETINGS

    The CLC meets:

    1. at least tri-monthly on the second last Wednesday of February, May, August andNovember or on such substitute days or more frequently as is determined by the Chair;
    2. on such other occasions convened by the Chair as are desirable to perform its functions;
    3. in person or by telephone conference as is determined by the Chair.

    The quorum for a meeting is 3 members of the CLC. The procedure at meetings is determined by the Chair.

    The CLC by its secretary maintains minutes of its meetings and forwards those minutes to the Association’s executive assistant within 7 days of each meeting.

  5. CONSULTATION WITH SUBSTANTIVE LAW COMMITTEES

    The CLC by its Chair (or nominee) consults with the Chairs of the Family Law Committee and the Commercial & Civil Law Committee and the President:

    1. at least every four months on the second last Wednesday of February, May, August and November;
    2. on such other occasions convened by the President as are desirable.
  6. REPORTING

    The CLC reports:

    1. orally by its Chair (or nominee) to the Bar Council at each meeting of the Bar Council in March, June, September and December;
    2. in writing annually to the AGM.
  7. WORKING GROUPS

    The CLC may form one or more working groups dedicated to specific aspects of its functions or specific projects.

    A working group comprises at least one person who is a member of the CLC and such other members of the Association as the CLC appoints.

  8. MEMBERSHIP

    The membership of the CLC comprises:

    1. the Chair;
    2. the Secretary;
    3. between 4 – 8 other members.

    The Bar Council may from time to time appoint or remove a person as a member of the CLC.