Brian Hayes (lawyer)

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Brian Hayes
Brian Hayes meeting Indian Prime Minister Narendra Modi.jpg
Brian Hayes meeting with Indian Prime Minister Narendra Modi
Born
Brian Robert Michael Hayes

1944
Mumbai, India
NationalityAustralian, Indian
EducationSt Joseph's School, Darjeeling
OccupationLawyer (Barrister)
Known forPart of the Australian Queen's Counsel (QC), Executive producer of "Hotel Mumbai"
Spouse(s)Gillian Atkinson
Children3
Parent(s)Joan Paes, Henry Hayes

Brian Hayes QC is a prominent Australian lawyer who specialises in public and administrative law. He was appointed as South Australia's strategic adviser to India in 2008 and has held related roles in subsequent years.[1] He is an Adjunct Professor in the School of Natural and Built Environments at the University of South Australia and has acted as a consultant to federal, state and local governments.[2] Hayes represented the Conservation Council of South Australia in an appeal against a proposal to intensively farm southern bluefin tuna in Louth Bay. The case became South Australia's longest environmental trial[3] was ultimately successful and enshrined the precautionary principle in law.[4]

Career[]

Hayes studied at London University, where he completed a Bachelor of Laws with honours.[5] Hayes was admitted to legal practice in 1971 and signed the bar roll in 1984. He was appointed Queen's Counsel in 1986.[2] His areas of practice include appellate advocacy, commercial litigation and land acquisition. His practice is located in Adelaide, South Australia.[6] In January 2005, Hayes was appointed deputy presiding member of the Legal Practitioners Disciplinary Tribunal for a term of three years, under the Legal Practitioners Act 1981.[7]

In 2013, Hayes told ABC radio that he had acted professionally for environmental groups, residents groups, for the State Government, and for developers.[8] His clients have included the Wakefield Regional Council,[9] the City of Unley,[10] developer George Diakos,[11] and others.

Public service[]

Strategic advisor to India[]

He is a former National Chairman of the , and established its South Australian chapter in 2004.[5] As National Chairman, he has chaired two Joint Business Council Meetings in Australia and India. Hayes first acted as a consultant advising the Government of South Australia on the state's relations with India in 2008 to develop bilateral trade and business between South Australia and India and to assist South Australian companies to export and import.[5] Since his appointment, his work in the role has included leading six business delegations with the South Australian Premier and two Australian Federal Government trade delegations to India.[12]

Members of the Liberal Party including Opposition leader Steven Marshall have criticised his ongoing appointment. Vincent Tarzia has described his remuneration as "outrageous" when compared to the average South Australian wage. In 2015, Hayes was receiving $120,000 annually to fulfill a part-time consultancy role.[12] In 2012, Hayes' remuneration was greater than that received by a member of the South Australian parliament.[13]

Hayes is also a Distinguished Fellow of the ,[1] Australia's only national centre for research and analysis on India.[14]

Planning reform[]

Hayes has been involved in planning review and reform processes in South Australia since the 1990s.[15] In 2012, Hayes interviewed Premier Jay Weatherill about future planning reform at an event hosted by the Planning Institute of Australia, of which he is an Honorary Fellow.[16] In February 2013 Hayes acted as Chair of South Australia's Expert Panel on Planning Reform and spokesperson for the panel[17][18][19] and had some input into the appointment of its membership.[8] He told ABC radio that the development legislation in South Australia was twenty years old and that a review was to be undertaken. He told journalist Ian Henschke that a revised planning system needs to be fair and meet the current expectations of communities.[8] Hayes wrote of changing expectations of planning in South Australia that "people are looking for a planning system that is easy to understand and apply, that values community input, that includes clear rules and straightforward processes that ensures the right balance between statewide issues and local needs, and is based upon the most up-to-date expert knowledge."[20] The Panel delivered its final report and recommendations in December 2014.

Board memberships[]

Hayes was a member of the board of the South Australian Tourism Commission from October 2011[21] until 2015.[22] His academic board memberships include the University of South Australia Law School Advisory Board and the Advocacy and Justice Unit of the University of Adelaide. He is also a board member of the Independent Gaming Corporation Ltd,[5] which was "established by the hotel and club industry to provide a secure, centralised computer monitoring facility for the management of gaming machines in hotels and clubs in South Australia."[23]

Co-producer, Hotel Mumbai[]

In 2018, Hayes was a co-producer of Hotel Mumbai,[24] Australian director Anthony Maras' dramatic reconstruction of the 2008 terrorist attack on Mumbai's Taj Mahal Hotel. Hayes, who is patron of the Colaba fishing village where the gunmen first arrived, was involved in background research for the movie.[25][26]

Personal life[]

St Josephs School, Darjeeling, India

Brian Hayes was born in 1944 in Mumbai, then Bombay, India.[27] He boarded until the age of 11 at the St Joseph's School, Darjeeling[28] in the Himalayas before migrating with his family to England in 1955 due to Indian Independence, upon the R.M.S. Strathnaver.[28] After completing his secondary education in England and qualifying as a legal practitioner, he migrated to Australia in 1971 under the Australian Government's Assisted Passage Migration Scheme.[27] He currently resides in Adelaide, South Australia with his wife and has 3 children and 7 grandchildren.

RMS Strathnaver which Hayes boarded in 1955 to England with his Family

References

  1. ^ a b "Brian Hayes QC". Australia India Institute. Archived from the original on 3 March 2016. Retrieved 20 February 2016.
  2. ^ a b UniSA. "The University of South Australia: Home". www.unisa.edu.au. Retrieved 20 February 2016.
  3. ^ Parnell, Mark (1 September 2000). "Tuna Feedlots and ESD on appeal" (PDF). Impact - Public Interest Environmental Law (59). Retrieved 20 February 2016.
  4. ^ "7.30 Report - 5/1/2000: Environmental ruling on tuna may risk aquaculture industries". www.abc.net.au. Retrieved 20 February 2016.
  5. ^ a b c d "Brian Hayes". www.aibc.org.au. Retrieved 7 November 2018.
  6. ^ "Barristers & Chambers | South Australian Bar Association". www.sabar.org.au. Retrieved 20 February 2016.
  7. ^ "South Australian Government Gazette". South Australian Government Gazette. 20 January 2005. Archived from the original on 5 March 2016. Retrieved 25 February 2016.
  8. ^ a b c "Revamping planning with Brian Hayes QC". ABC Adelaide. Archived from the original on 1 March 2016. Retrieved 20 February 2016.
  9. ^ https://www.wakefieldrc.sa.gov.au/webdata/resources/files/20100407SpecialCouncilAgenda.pdf
  10. ^ "Archived copy" (PDF). Archived from the original (PDF) on 16 March 2015. Retrieved 27 February 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  11. ^ "Archived copy" (PDF). Archived from the original (PDF) on 18 March 2016. Retrieved 27 February 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  12. ^ a b Owen, Michael (30 June 2015). "Liberals allege jobs for mates over QC Brian Hayes". The Australian. Retrieved 20 February 2016.
  13. ^ England, Cameron (5 December 2012). "Call for review as part-time envoy's wage skyrockets". The Advertiser. Retrieved 20 February 2016.
  14. ^ "About Us". Australia India Institute. Archived from the original on 23 February 2016. Retrieved 25 February 2016.
  15. ^ "GOVERNMENT BILL: Planning, Development and Infrastructure Bill". markparnell.org.au. Retrieved 22 February 2016.
  16. ^ "Planning Institute of Australia". www.planning.org.au. Retrieved 20 February 2016.
  17. ^ "Think Design Deliver". www.thinkdesigndeliver.sa.gov.au. Retrieved 20 February 2016.
  18. ^ "Massive planning system overhaul proposed - InDaily". InDaily. Retrieved 20 February 2016.
  19. ^ Hough, Andrew (6 August 2014). "Expert Panel on Planning Reform to release review of planning and development reforms". The Advertiser. Retrieved 20 February 2016.
  20. ^ Hayes, Brian (23 September 2013). "Brian Hayes: We must overhaul South Australia's planning system". The Advertiser. Retrieved 20 February 2016.
  21. ^ South Australian Tourism Commission annual report 2011-12 (PDF). South Australian Tourism Commission. 2012. p. 4. Archived from the original (PDF) on 3 March 2016. Retrieved 20 February 2016.
  22. ^ "About SATC - SATC Board". 27 February 2015. Archived from the original on 27 February 2015. Retrieved 20 February 2016.
  23. ^ "www.igcltd.com.au". www.igcltd.com.au. Retrieved 25 February 2016.
  24. ^ "Brian Hayes". IMDb. Retrieved 11 May 2019.
  25. ^ "FILM RECON Interview: Anthony Maras on "Hotel Mumbai"". HistoryNet. 19 March 2019. Retrieved 11 May 2019.
  26. ^ "Review: Hotel Mumbai + Q&A with Anthony Maras, John Collee, and Brian Hayes". Geeks Under Grace. 26 March 2019. Retrieved 11 May 2019.
  27. ^ a b Fergusen, Kylie (2014). "Full transcript of an address by BRIAN HAYES QC". Planning Institute Australia. Retrieved 1 June 2019.
  28. ^ a b (13 November 2015). Transcript of interview with Brian Hayes.
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