Brian Hayes KC is a prominent Australian
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
who specialises in public and administrative law. He was appointed as South Australia's strategic adviser to
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
in 2008 and has held related roles in subsequent years.
He is an Adjunct Professor in the School of Natural and Built Environments at the
University of South Australia
The University of South Australia (UniSA) is a public research university in the Australian state of South Australia. It is a founding member of the Australian Technology Network of universities, and is the largest university in South Australi ...
and has acted as a consultant to federal, state and local governments.
Hayes represented the
Conservation Council of South Australia
The Conservation Council of South Australia, also known as Conservation SA and Conservation Council SA, is an environmental organisation serving as a peak body, representing over 50 member groups, representing over 90,000 individual members, in ...
in an appeal against a proposal to intensively farm
southern bluefin tuna
The southern bluefin tuna (''Thunnus maccoyii'') is a tuna of the family (biology), family Scombridae found in open southern Hemisphere waters of all the world's oceans mainly between 30th parallel south, 30°S and 50th parallel south, 50°S, to ...
in
Louth Bay
Louth Bay (formerly Laurence) is a town and locality in the Australian state of South Australia. It is named after the bay named by Matthew Flinders on 26 February 1802 which itself is derived from a place in Lincolnshire. At the 2006 census, L ...
. The case became South Australia's longest environmental trial was ultimately successful and enshrined the
precautionary principle
The precautionary principle (or precautionary approach) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caut ...
in law.
Career
Hayes studied at
London University
The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree- ...
, where he completed a Bachelor of Laws with honours.
Hayes was admitted to legal practice in 1971 and signed the bar roll in 1984. He was appointed Queen's Counsel in 1986.
His areas of practice include appellate advocacy,
commercial litigation and land acquisition. His practice is located in
Adelaide, South Australia
Adelaide ( ) is the list of Australian capital cities, capital city of South Australia, the state's largest city and the list of cities in Australia by population, fifth-most populous city in Australia. "Adelaide" may refer to either Greater A ...
. 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''.
In 2013, Hayes told ABC radio that he had acted professionally for environmental groups, residents groups, for the State Government, and for developers.
His clients have included the
Wakefield Regional Council
Wakefield Regional Council is a Local government in Australia, local government area in the Yorke and Mid North region of South Australia. The council seat is at Balaklava, South Australia, Balaklava.
Geography
The Wakefield Regional Council ...
, the
City of Unley
The City of Unley is a local government area in the Adelaide metropolitan region. It is located directly south of the Adelaide city centre.
The Corporate Town of Unley was created in 1871, when 2,000 signatories to a petition from residents of ...
, developer George Diakos, and others.
Public service
Strategic advisor to India
He is a former National Chairman of th
Australia India Business Council and established its South Australian chapter in 2004.
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.
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.
Members of the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
including Opposition leader
Steven Marshall
Steven Spence Marshall (born 21 January 1968) is an Australian politician who served as the 46th premier of South Australia between 2018 and 2022. He has been a member of the South Australian Division of the Liberal Party of Australia in the ...
have criticised his ongoing appointment.
Vincent Tarzia
Vincent Anthony Tarzia (born 24 September 1986) is an Australian politician representing the South Australian House of Assembly seat of Hartley for the South Australian Division of the Liberal Party of Australia since the 2014 state election. ...
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.
In 2012, Hayes' remuneration was greater than that received by a member of the
South Australian parliament
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly ( lower house) and the 22-seat Legislative Council (upper house). General elections are h ...
.
Hayes is also a Distinguished Fellow of th
Australia India Institute Australia's only national centre for research and analysis on India.
Planning reform
Hayes has been involved in planning review and reform processes in South Australia since the 1990s. In 2012, Hayes interviewed Premier
Jay Weatherill
Jay Wilson Weatherill (born 3 April 1964) is an Australian politician who was the 45th Premier of South Australia, serving from 21 October 2011 until 19 March 2018. Weatherill represented the House of Assembly seat of Cheltenham as a member of ...
about future planning reform at an event hosted by the
Planning Institute of Australia
Planning Institute of Australia (PIA) is the peak national body representing town planning and the planning profession in Australia. PIA represents approximately 5000 members nationally and internationally. It is governed by a National Board of D ...
, of which he is an Honorary Fellow. In February 2013 Hayes acted as Chair of South Australia's Expert Panel on Planning Reform and spokesperson for the panel and had some input into the appointment of its membership.
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.
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." 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
The South Australian Tourism Commission (SATC), also known as the SA Tourism Commission, is an organisation set up by the Government of South Australia to promote tourism in South Australia.
The legislation to establish the SATC was introduce ...
from October 2011 until 2015. 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
The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on N ...
. He is also a board member of the Independent Gaming Corporation Ltd,
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."
Filmography
Co-producer, ''Hotel Mumbai''
In 2018, Hayes was a co-producer of ''
Hotel Mumbai
''Hotel Mumbai'' is a 2018 action thriller film directed by Anthony Maras and co-written by Maras and John Collee. An Indian-Australian-American co-production, it is inspired by the 2009 documentary ''Surviving Mumbai'' about the 2008 Mumbai ...
'', Australian director
Anthony Maras
Anthony Maras is a multi award-winning Greek-Australian film director, writer and producer born in Adelaide, South Australia.
Maras' debut feature film ''Hotel Mumbai'' explores the 2008 Mumbai terror attacks and stars Dev Patel, Armie Hammer, ...
' dramatic reconstruction of the
2008 terrorist attack on Mumbai's Taj Mahal Hotel. Hayes, who is patron of the
Colaba
Colaba (; or ISO: Kolābā) is a part of the city of Mumbai, India. It is one of the four peninsulas of Mumbai while the other three are Worli, Bandra and Malabar Hill. During Portuguese rule in the 16th century, the island was known as Kolbhat ...
fishing village where the gunmen first arrived, was involved in background research for the movie.
Producer, ''Emotion is Dead''
Hayes also served as a producer of the indie film ''
Emotion is Dead
''Emotion Is Dead'' is the second studio album by American rock band the Juliana Theory, released on August 29, 2000, on Tooth & Nail Records. While touring in support of their debut studio album '' Understand This Is a Dream'' (1999), guitarist ...
directed'' directed by Pete Williams.
The movie details the story of a young talented skateboarder from a low socio-economic neighbourhood in South Australia who has grand ambitions to escape his working class background.
Co-producer, ''Coconut.''
Film Board membership
In 2023, Hayes was appointed to the board of th
South Australian Film Corporation South Australia's main screen authority and investment body which aims to champion the screen business in South Australia. It has been in operation since 1972.
Personal life
Brian Hayes was born in July 1944 in Bombay
British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
to an
Anglo-Indian
Anglo-Indian people fall into two different groups: those with mixed Indian and British ancestry, and people of British descent born or residing in India. The latter sense is now mainly historical, but confusions can arise. The ''Oxford English ...
family.
He boarded until the age of 11 at the
St Joseph's School,
Darjeeling
Darjeeling (, , ) is a town and municipality in the northernmost region of the Indian state of West Bengal. Located in the Eastern Himalayas, it has an average elevation of . To the west of Darjeeling lies the easternmost province of Nepal, ...
[(13 November 2015). Transcript of interview with Brian Hayes.] in the Himalayas before migrating with his family to England in 1957 due to
Indian Independence, upon the
R.M.S. Strathnaver.
After completing his secondary education in England and qualifying as a legal practitioner, he migrated to
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
in 1971 under the Australian Government's
Assisted Passage Migration Scheme
Ten Pound Poms (or Ten Pound tourists) is a colloquial term used in Australia and New Zealand to describe British citizens who migrated to Australia and New Zealand after the Second World War. The Government of Australia initiated the Assisted ...
.
He currently resides in Adelaide, South Australia with his wife and has 3 children and 7 grandchildren.
References
{{DEFAULTSORT:Hayes, Brian
Living people
Australian King's Counsel
Alumni of the University of London
Australian film producers
1944 births