About

Established in 1975, the Australian Law Reform Commission is a federal agency operating under the Australian Law Reform Commission Act 1996 (Cth).

The ALRC is responsible to the Federal parliament and is part of the Attorney-General's portfolio. The ALRC conducts inquiries - also known as references - into areas of law at the request of the Attorney-General of Australia. Although the ALRC cannot initiatie its own inquiries, it is independent of government and is able to undertake research, consultations and legal policy development; and to make recommendations to the Parliament, without fear or favour.

The ALRC makes recommendations to government so that government can make informed decisions about law reform, but the ALRC's recommendations do not automatically become law. However, the ALRC has a strong record of having its advice taken up. Over 85 per cent of the ALRC's reports have been either substantially or partially implemented - making it one of the most effective and influential agents for legal reform in Australia.

The ALRC's functions in relation to matters referred to it by the Attorney-General are to review Commonwealth laws relevant to those matters for the puposes of systemactically developing and reforming the law, particularly by:

• bringing the law into line with current conditions and ensuring that it meets current needs;
• removing defects in the law;
• simplifying the law;
• adopting new or more effective methods for administering the law and dispensing justice; and
• providing improved access to justice.

When conducting an inquiry, the ALRC aims to:

• remove obsolete or unnecessary laws, and eliminate defects in the law;
• suggest new or more effective methods for administering the law and dispensing justice;
• ensure harmonisation of Commonwealth, state and territory laws where possible;
• monitor overseas legal systems to ensure Australia compares favourably with international best practice.

The ALRC must aim at ensuring that the laws, proposasls and recommendations it reviews, considers or makes do not trespass unduly on personal rightsand liberties or make the rights and liberties of citizens unduly dependent on administrative, rather than judicial, decisions and as far as practicalbe, are consistent with the International Covenant on Civil and Political Rights. The ALRC must also have regard to any effect that its recommendations may have on the costs of getting access to, and dispensing, justice.

The ALRC does not offer legal advice or handle complaints. It cannot intervene in individual cases and does not act as a 'watch-dog' for the legal system or the legal profession.

Contributions to external inquiries

The ALRC provides briefings to parliamentary committees, ministers, government departments, and other bodies to ensure that its reports and recommendations are well understood and taken into account in legal policy development, and that the experience and knowledge developed during references are shared for the benefit of the Australian community. The ALRC is guided by a protocol that outlines when it is appropriate for the ALRC to make an external submission. The considerations include:

• the consonance of issues raised in the review or inquiry being undertaken by the external body and issues covered in current reference work or past reference work of the ALRC;
• the consonance of issues raised in the review or inquiry being undertaken by the body and the expertise and knowledge of current Commissioners and staff members; and
• the availability of, and impact upon, ALRC resources.

Where appropriate, submissions are made available on the ALRC website.