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Mr Brian Hayes QC

Expert in International Law

Picture of HayesBrian Hayes QC is a practising member of the Senior Bar in all States of Australia. He has extensive knowledge of the legal and legislative system in Australia and overseas, and offers legal advice to a number of countries including India, Indonesia, Russia and Vietnam.

Over the last 35 years Brian Hayes QC, has been involved as a principal in major reviews of environmental, heritage and land use planning and other legislation, and has acted as consultant to Federal State and Local Governments on the drafting of environmental land use planning legislation and local government legislation.

Brian has advised three State Governments on the establishment of Planning and Environmental Courts and the jurisdiction of such Courts. In particular his report in 1993 on the Establishment of a Specialist Court to deal with heritage and conservation matters as well as environmental and land use planning was the basis for the establishment in 1994 of the first integrated specialist Environment Resources and Development Court in South Australia.

He was a member of the Course Advisory Board of the University of South Australia which advises the Faculty on planning and environmental policy, law and management courses provided by the University. He is also an Adjunct Associate Professor at the University of South Australia.

Brian has designed, prepared and conducted training courses for the Executive Administrative and Investigative Staff of the South Australian Environment Protection Authority, and for the Local Government Association, the Environmental Health Institute of Australia, the Australian Centre for Environmental Law, the Institute of Valuers & Land Economists, the Royal Australian Planning Institute and the Law Society and the Law Council of Australia. In 1996 he was responsible for the design and preparation of an intensive training course for senior officials and lawyers in the Russian Federation in International Environmental Law, and as the Judicial Training consultant with the Asian Development Bank in 2003 prepared training modules and conducted training for specialist Judges in commercial law in Vientiane.

As President of the South Australian Bar Association implemented a reader’s course for new members of the Bar and participated in the conduct of the course, and participated in the establishment of a Panel of Mediators for Court directed mediations.

His consultancies have included devising civil and criminal enforcement systems to implement law relating to pollution control, management and regulation, some of which have been incorporated into current or proposed legislation, and specifically amendments to local government legislation including being engaged by the South Australia Government to review the Local Government Act

Brian has a sound knowledge of all aspects of judicial strengthening and capacity building and judicial training in legal and legislative systems in Australia and overseas including policy analysis underlying laws and the establishment of systems to reflect citizen involvement and consultation.

In 1991 Brian established the consultancy of IELC – Australia which is a network of legal specialists from Australia, the USA, Europe and the UK and India.

He is trained in mediation and is accredited by LEADR. His mediations have covered areas of commercial, environmental and professional practice disputes.

In recent years, Brian Hayes has been active in advocating the relationship between human rights and environmental and social justice. This interest stemmed from being a keynote participant from Australia at the inaugural conference of Asia Pacific Human Rights Lawyers in Tokyo in 1985 and subsequently as a founding member of the Law Society’s Human Rights Committee in 1999.

In 2003 he delivered the Annual Justice Oration in South Australia on Human Rights and the Environment - The Demise of Environmental Justice in a World dominated by Global Politics.

Brian is co-founder and Secretary of Carry for Kids Inc, which is a not for profit organisation assisting orphanages in the Asia Pacific region.
 

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