Skilled Occupation List (SOL) 2015-16 Tracking Code: SKP4DP Name Individual * MR XIN CHEN Organisation University Of Southern Queensland Law School What are the industry/industries and ANZSCO occupation/s that you or your organisation represents for the purposes of this submission? Industry Professional Occupation The three dropdowns below accord with the ABS ANZSCO classification of occupations. Selections are required at the ‘Occupation Group’ 2-digit level and at the ‘Occupation Unit (4-digit)’ level, but can also be made down to the Occupation (6-digit) level depending on the occupation/s to which your submission relates. Additional occupations can be selected by way of the ‘Add item’ button. For each occupation selected, please indicate whether your advice is to Include, Exclude, or is Neutral (other) with respect to the 2015-16 SOL. The rest of the form can be used to provide evidence/reasons to support your recommendations. 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Item 1 Page 1 of 7 Occupation Group * Legal, Social and Welfare Professionals Occupation Unit * Solicitors Occupation Solicitor 271311 Summary advice for 2015-16 SOL * Include Exclude Neutral Item 2 Occupation Group * Business, Human Resource and Marketing Professionals Occupation Unit * Intelligence and Policy Analysts Occupation Policy Analyst 224412 Summary advice for 2015-16 SOL * Include Exclude Neutral Item 3 Occupation Group * Business, Human Resource and Marketing Professionals Occupation Unit * Advertising and Marketing Professionals Occupation Marketing Specialist 225113 Page 2 of 7 Summary advice for 2015-16 SOL * Include Exclude Neutral Are there any occupations that you represent where there is evidence of imbalances in the demand for and supply of skills in the medium-to-long term? * I think the solicitor( ANZSCO 271311) is under-supply particularly in Regional Australia and need to be included in the next financial year SOL list. Research confirms that[1]: • Demand for professional services to Australian RRR areas is generally greater than supply.[2] • There is a significant population decline in many RRR areas.[3] • At the end of June 2008, 78% of all solicitor practices were located in capital cities. Capital city practices accounted for 81% of all persons employed in solicitor practices and 88% (or $12.9b) of fee income from the provision of legal and legal support services.[4] • At the end of June 2008, 51% (or 213) of community legal services were located outside capital cities. Aboriginal legal services had 87% (or 75) of total offices located outside capital cities. Legal aid commissions had 54% (or 45) of total offices located outside capital cities. Community legal centres had 36.8% (or 93) of total offices located outside capital cities.[5] • Only 11% of employees in RRR areas in Australia are professionals, compared to 23% in metropolitan areas.[6] The issue of recruitment and retention of young legal practitioners is of particular concern and has been the subject of extensive discussions by a number of the Law Council’s Constituent Bodies, for example the Country and Suburban Law Association Conference held by the Law Institute of Victoria (LIV) in 2007, the South Australian Law Society’s Country Lawyers Forum held in 2008 and the Conference of Law Societies in March 2008. [7] It is believed that the Federal, State and Territory Governments would be receptive to policy reforms relating to the recruitment and retention of legal practitioners in RRR areas. At the 2020 Summit held on 12th and 13th April 2008, the welfare of Australian rural communities was identified as a key priority area. The group which dealt with rural issues has recommended building on the strengths and contributions of rural communities and development of strategies for the efficient provision of infrastructure and services outside metropolitan areas as key focus areas. This is consistent with the view that the Australian Page 3 of 7 government may be more receptive to considering policy initiatives from legal and other professions in their attempt to recruit and retain professionals in RRR areas. [8] -------------------------------[1] http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/a-z-docs/RRR/Discussionpaper. pdf. [2] Human Rights and Equal Opportunity Commission (2000), National Inquiry into Rural and Remote Education (Australia): Emerging Themes; A Herrington and J Herrington, ‘Using the Internet for professional development: The experience of rural and remote professionals’ (2006) Paper Presented at the 23rd Annual ASCILITE Conference: Who’s Learning? Whose Technology? [3]ABS, Regional Population Growth, Australia, 2006-2007, ABS Cat 3218.0 (2006). 5 [4]Australian Bureau of Statistics, 2007-08 Legal Services Australia, June 2009, p 13. 6 [5]Australian Bureau of Statistics, 2007-08 Legal Services Australia, June 2009, p 19. 7 [6]Australian Bureau of Statistics, 2006 Census. [7]See TNS Social Research, Study of the Participation of Private Legal Practitioners in the Provision of Legal Aid Services in Australia, December 2006 and Urbis Keys Young, The Solicitors of New South Wales in 2015 – Final Report, The Law Society of New South Wales. [8] http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/a-z-docs/RRR/Discussionpaper. pdf. Is there evidence of imbalances in the demand for and supply of skills in the medium-to-long term in non-metropolitan areas? If so, can you indicate in what part of Australia and the number in the occupation in over or undersupply. In Darling Down area Queesland post code 4350, there is not so many practising solictors in that regional area and the number of solicitors in Darling Downs are under-supply. See report by Law council of Australia at http://www.lawcouncil.asn.au/lawcouncil/images/LCAPDF/a-z-docs/RRR/Discussionpaper.pdf. Are there any occupations which require formal licensing or registration arrangements in order to practice/perform in this occupation? Page 4 of 7 For example: • Midwives are required to register with the nurses board in their state or territory • Panelbeaters are required to be registered or certified with the state Motor Vehicle Repair Industry Authority Solictors are required Registration or licensing issued by the state law societies in Australia. http://www.abs.gov.au/ausstats/abs@.nsf/Product+Lookup/1220.0~First+Edition,+Revision +1~Chapter~UNIT+GROUP+2713+Solicitors. Is it expected that your employment sector will be impacted by any medium-to-long term trends which will impact upon demand and/or supply (excluding costs associated with training, labour hire, and international sponsorship)? Please provide evidence (e.g. data source, policy document) which substantiates these claims. For example: • New benchmarks for childcare centres mandate increased staff-to-child ratios and higher qualification standards for childcare workers. I do not think the employment sector will be adversely impacted by any long term trends which will impact upon demand. See report by Law council of Australia at http://www.lawcouncil.asn.au/lawcouncil/images/LCAPDF/a-z-docs/RRR/Discussionpaper.pdf. Please provide any other information you consider relevant evidence to support your submission For example, you may know of some independent studies about your occupation that supports your advice to us. See report by Law council of Australia at http://www.lawcouncil.asn.au/lawcouncil/images/LCAPDF/a-z-docs/RRR/Discussionpaper.pdf. See report by AWPA at http://www.awpa.gov.au/our-work/labour-market-information/skilledoccupation-list/Documents/2013SummarySheets/2713Solicitors.pdf. See report by Law council of Australia at http://www.awpa.gov.au/our-work/labour-marketinformation/skilled-occupation-list/Documents/2014%20SOL%20Submissions/30%20-%20Law% Page 5 of 7 20Council%20of%20Australia.pdf. See report by Law Council of Australia at http://www.awpa.gov.au/our-work/labour-marketinformation/skilled-occupation-list/Documents/2014%20SOL%20Submissions/30%20-%20Law% 20Council%20of%20Australia%20(supporting%20document%201).pdf. Would you like to make any additional comments on the SOL? At the end of my comments, I do strongly recommend the Department of Industry to include the occupation of Solicitor (ANZSCO 271311) on the SOL in the following financial year. From my observation in the southern regional Queensland,Lawyers in RRR(Reginoal Remote Rurual) areas of Australia are experiencing increasing difficulty in attracting and retaining suitable staff, which is having a direct impact on the ability of the legal sector to service the legal needs of these communities. The Law Council conducted a survey in March 2009 of practitioners in RRR areas to gather data on lawyers working in these areas, including information on the extent of the employment problem, retirement and succession planning. [1] The survey was released in July 2009 and includes the following findings: (a) 43% of principals surveyed nationally indicated that their practice did not have enough lawyers to service their client base; (b) a large number of legal practitioners, many of whom are sole practitioners, will retire in the next five to ten years; (c) 42% of the legal practitioners who responded to the survey do not intend to practise law in five years’ time; (d) principals of country firms are extremely worried about the future of the profession in their regions (in particular, the principals who responded to the survey cited succession planning as their biggest concern, followed by concerns about attracting additional lawyers to the firm and about attracting lawyers to replace departures); (e) 30% of the younger lawyers surveyed (aged 20-29 years) indicated they only intended to practise in their area for under two years; and (f) practitioners working in RRR areas undertake a significant amount of legal aid, pro bono and other unpaid voluntary work, so a shortage in the number of lawyers in these communities will seriously impact access to justice.[2] -----------------------------------------------------[1] http://www.awpa.gov.au/our-work/labour-market-information/skilled-occupation-list/ Documents/2014%20SOL%20Submissions/30%20-%20Law%20Council%20of%20Australia%20 (supporting%20document%201).pdf. [2] Ibid. Page 6 of 7 Please provide the name, position and contact details of a person within your organisation who is willing to be contacted if any further information or follow-up is required. Name * MR XIN CHEN Position * STUDENT Contact details * PO BOX 338 Darling Heights QLD 4350 All information, including name and address details, contained in submissions will be made available to the public on the Department of Industry website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like all or part of their submission to remain in confidence should provide this information in an email to SOL@industry. gov.au . Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission. Page 7 of 7
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