Clare McNamara

Special Counsel Canberra

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Overview

A recent appointment to Clayton Utz, Clare is an experienced litigator with a broad technical background in commercial and public law.

In her 18 years of practice she has acted for both private sector and government clients and understands and strategically manages their complex legal and risk management needs.

Specialising in Royal Commissions, commissions of inquiry, dispute resolution, administrative law, and regulatory compliance, Clare has advised and represented various organisations, government departments and agencies.

In her most recent role Clare advised the Truth Justice and Healing Council and leaders of the Catholic Church in Australia in relation to their response to the Child Abuse Royal Commission and entry by the Church into the National Redress Scheme for survivors of abuse.

In the administrative law space Clare has assisted with the drafting of delegated legislation and advised on the development of compliant programs and policies. She has managed AAT applications and court proceedings seeking review of administrative decisions.

Notable Work

Royal Commission: In her role with the Truth Justice and Healing Council, Clare advised and represented the Truth Justice and Healing Council and leaders of the Catholic Church nationally in relation to the Church's response to the Child Abuse Royal Commission.
During the period of the Royal Commission's public inquiry Clare managed a large-scale, highly complex and sensitive case load on behalf of multiple Church organisations that were the focus of Royal Commission investigations and case studies.
DFAT: Clare acted for the Department of Foreign Affairs and Trade in merits review proceedings before the AAT following passport decisions of made under the Australian Passports Act 2005 (Cth), and provided practical advice to DFAT concerning the operation and interpretation of that Act, including consideration of child welfare and guardianship legislation nationally.
Department of Health and Professional Services Review: Clare has been committee solicitor for PSR and has represented Department of Health, Professional Services Review and Medicare Australia in Federal Court judicial review challenges to decisions made under the Professional Services Review Scheme in Part VAA of the Health Insurance Act 1973 (Cth).
Commonwealth: Clare has provided advice to Commonwealth clients in relation to legal liability and CDDA claims.
Private sector: Clare advised Catholic Church leaders on their entry into the proposed national redress scheme for survivors of abuse and Commonwealth legislation to establish the scheme. Clare was involved in negotiations with the Commonwealth Redress Taskforce, and state and territory representatives in relation to the scheme and prepared submissions on behalf of the Church to the Senate Community Affairs Legislation Committee reviewing the draft legislation .
Privacy and FOI: Clare has completed secondments to the Department of Human Services, Department of Health and then Department of Education and Workplace Relations, providing advice regarding legal strategy and management of high profile requests relating to the development of Australia’s plain packaging legislation made under the Freedom of Information Act 1982 (Cth) and appeals from release decisions to the OAIC and AAT.
Private client: Clare has advised private sector clients in relation to the privacy implications of projects and legislation, including recently advising a private sector client on privacy risks and mitigation associated with a major data project involving the use of personal information gathered from a large number of stakeholders.
Commonwealth: Clare has advised Commonwealth clients in relation to claims by employees under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
Department of Health and Professional Services Review: Clare has been committee solicitor for PSR and has represented Department of Health, Professional Services Review and Medicare Australia in Federal Court judicial review challenges to decisions made under the Professional Services Review Scheme in Part VAA of the Health Insurance Act 1973 (Cth).
DFAT: Clare acted for the Department of Foreign Affairs and Trade in merits review proceedings before the AAT following passport decisions of made under the Australian Passports Act 2005 (Cth), and provided practical advice to DFAT concerning the operation and interpretation of that Act, including consideration of child welfare and guardianship legislation nationally.
Work Health and Safety Act: Clare has assisted government and private clients with advice on the operation of the Work Health and Safety Act 2011 (Cth) and related legislation and instruments nationally.
Clare also provided risk-based compliance advice for Commonwealth and private sector clients, including practical approaches to WHS compliance, and urgent and/or strategic advice in relation to incident management.
Clare has also provided seminars and training on the operation and requirements of WHS legislation.
Private sector: Clare advised Catholic Church leaders on their entry into the proposed national redress scheme for survivors of abuse and Commonwealth legislation to establish the scheme. Clare was involved in negotiations with the Commonwealth Redress Taskforce, and state and territory representatives in relation to the scheme and prepared submissions on behalf of the Church to the Senate Community Affairs Legislation Committee reviewing the draft legislation .
Privacy and FOI: Clare has completed secondments to the Department of Human Services, Department of Health and then Department of Education and Workplace Relations, providing advice regarding legal strategy and management of high profile requests relating to the development of Australia’s plain packaging legislation made under the Freedom of Information Act 1982 (Cth) and appeals from release decisions to the OAIC and AAT.
Private client: Clare has advised private sector clients in relation to the privacy implications of projects and legislation, including recently advising a private sector client on privacy risks and mitigation associated with a major data project involving the use of personal information gathered from a large number of stakeholders.
Commonwealth: Clare has advised Commonwealth clients in relation to claims by employees under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
Department of Health and Professional Services Review: Clare has been committee solicitor for PSR and has represented Department of Health, Professional Services Review and Medicare Australia in Federal Court judicial review challenges to decisions made under the Professional Services Review Scheme in Part VAA of the Health Insurance Act 1973 (Cth).

Clare McNamara

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