Rethinking the 1979 offshore constitutional settlement

This one-day seminar is designed as a workshop in which speakers and delegates can review how the1979 Offshore Constitutional Settlement (OCS) is working some 21 years after it was agreed, and also discuss the distribution of powers amongst Commonwealth government departments. Since the OCS 1979 there have been many developments in law and practice which make it opportune to re-examine the way in which legal powers and day-to-day practices are divided between the Commonwealth and States. Moreover, the Commonwealth Attorney-General has proposed a new Maritime Powers Bill to address some of the ways in which responsibilities are divided amongst the relevant Government Departments.

The aim of the day, in particular, is to stimulate discussion about whether the 1979 Offshore Constitutional Settlement needs revising, e.g. in respect of the division of jurisdictions between Commonwealth and States currently resting at three nautical miles from baselines. And is there a need to rethink the present divisions of legal and administrative responsibilities, for example for fishing, immigration, safety, the environment, offshore exploitation, and criminal enforcement generally?

Dr Michael White’s groundbreaking book Australian Offshore Laws (Federation Press 2009) has exposed the bewildering mass of laws that apply to offshore Australian waters, and has illustrated how such an important aspect of Australia’s economic and environmental well-being is so little understood or debated. 

The seminar sessions will be chaired by Justice James Allsop, President, NSW Court of Appeal and Justice Steven Rares, Federal Court. Speakers drawn from Government, academia and legal practice will examine the key issues and suggest possible shortcomings and reforms. Audience participation will be encouraged, as there will be delegates whose skills and experience will enable them to make a major contribution.

The seminar is aimed mainly at lawyers (whether academic, in practice or advising in-house) and those in Government Departments dealing with offshore matters on a day-to-day basis. It would also be of importance to lawyers and policy makers who have an interest, or are involved, in any of the many Australian activities offshore.

Information correct as at date of event.