Implementation

The table below provides an overview of the implementation status of all ALRC reports. More information about implementation in relation to a particular Final Report can be found on the related Inquiry page.

The ALRC considers that a report is substantially implemented when the majority of the report’s key recommendations have been implemented by those to whom the recommendations are directed. Partial implementation refers to implementation of at least some recommendations of an ALRC report.

The term ‘awaiting response’ refers to reports that have been completed within the past ten years, in relation to which the ALRC is yet to receive a formal response from the Government.

REPORT

Title

Tabling
date

Legislation and legal frameworks

Implementation status

ALRC 139

Financial Services Legislation: Interim Report B (ALRC Report 139)

30 September 2022

AWAITING RESPONSE

ALRC 138

Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report 138)

2 August 2022

On 29 September the Australian Government formally welcomed the report and expressed its support for the three recommendations directed to the Government for consideration. The Government:

Agreed in principle to Recommendation 5 to establish a federal judicial commission and committed to conducting consultations on the establishment of such a commission;
Agreed to Recommendation 7 to develop a more transparent process for appointing federal judicial officers on merit, involving: publication of criteria for appointment; public calls for expressions of interest; and a commitment to promoting diversity in the judiciary; and
Agreed to Recommendation 8 that the Attorney-General (Cth) should collect, and report annually on, statistics regarding the diversity of the federal judiciary.

The Government also noted the 11 recommendations directed at the federal courts, Council of Chief Justices of Australia and New Zealand and the Law Council of Australia, and committed to undertaking broad consultations to support relevant entities to consider and implement the recommendations where appropriate to do so. It acknowledged that the implementation of some recommendations may have financial, resourcing, or other operational impacts for the courts and committed to engaging with the courts in relation to these impacts.

ALRC 137

Financial Services Legislation: Interim Report A (ALRC Report 137)

30 November 2021

AWAITING RESPONSE

ALRC 136

Corporate Criminal Responsibility (ALRC Report 136)

31 August 2020

AWAITING RESPONSE

ALRC 135

Family Law for the Future: An Inquiry into the Family Law System (ALRC Report 135)

10 April 2019

Joint Practice Direction 1 of 2020 – Core Principles in the Case Management of Family Law Matters

In January 2020 the Family Court and Federal Circuit Court adopted a Joint Practice Direction, implementing Rec. 34. The Joint Practice Direction applies to all family law applications filed in the Family Courts of Australia and the Federal Circuit Court of Australia, and where applicable, to appeals in family law. This Practice Direction sets out the ten core principles that underpin the exercise of the family law jurisdiction of the Courts.

In 2019–20 the Government also introduced a Bill that would (among other things) implement Rec 51, concerning the requisite knowledge, skills, experience and aptitude of future federal judicial officers exercising family law jurisdiction. As at 6 November 2020 the Federal Circuit and Family Court of Australia Bill 2019 (Cth) was before the Senate Legal and Constitutional Affairs Legislation Committee.

ALRC 134

Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (ALRC Report 134)

24 January 2019

A Protocol for Communication and Cooperation between Supreme Court of Victoria and Federal Court of Australia in Class Action Proceedings was adopted in June 2019, partially implementing Rec. 6.

AWAITING RESPONSE

ALRC 133

Pathways to Justice–Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples (ALRC Report 133)

28 March 2018

Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2019 (WA); Police Force Amendment Regulations 2019 (WA); Closing the Gap Targets; Northern Territory Draft Aboriginal Justice Agreement

Through the Police Force Regulations Amendment 2019 (WA), which commenced on 2 October 2019, the Western Australian government introduced a custody notification scheme (implementing Rec 14–3). This requires Western Australian police to phone the Aboriginal Legal Service of Western Australia Custody Notification Service every time an Aboriginal person (child or adult) is detained in a police facility in the state. The Western Australian government also passed the Fines, Penalties and Infringement Notices Amendment Act 2020 (WA) in June 2020, which abolished imprisonment for fine default (implementing Rec 12–1). In July 2020 a new National Agreement on Closing the Gap was agreed. This sets, for the first time, targets to reduce the rate of incarceration of Aboriginal and Torres Strait Islander people, and to reduce violence and abuse against Aboriginal and Torres Strait Islander women and children, substantially implementing Rec 16–1. In 2020 the Northern Territory government also put a draft Aboriginal Justice Agreement out for consultation (Rec 16–2), with the consultation period ending on 31 July 2020.

ALRC 131

Elder Abuse—A National Legal Response (ALRC Report 131)

14 June 2017

National Plan to Respond to the Abuse of Older Australians (Elder Abuse) 2019-2023; Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019; Quality of Care Amendment (Reviewing Restraints Principles) Principles 2019; Community Visitors Scheme National Guidelines; Guide: You Decide Who Decides (OPA/AGAC); Best Practice Guide for Legal Practitioners in Relation to Elder Financial Abuse, September 2020; Maximising the Participation of the Person in Guardianship Proceedings: Guidelines for Australian Tribunals; Office for the Ageing (Adult Safeguarding) Amendment Act 2018 (SA); Ageing (Adult Safeguarding) Amendment Act 2018 (SA); Ageing and Disability Commissioner Act 2019 (NSW)

On 19 March 2019, the Attorney-General launched the National Plan to Respond to the Abuse of Older Australians (Elder Abuse) 2019-2023 (the ‘National Plan’). This implements Recommendation 3-1 . In particular, the National Plan sets out a framework for ongoing cooperation, action, and monitoring against five key priority areas, including enhancing understanding, improving community awareness and access to information, strengthening service responses, planning for future decision-making, and strengthening safeguards for vulnerable older adults.

In 2019 the Government commenced a national prevalence study of elder abuse (implementing Rec 3–5), introduced further amendments to the Quality of Care Principles 2014 to further regulate the use of restrictive practices (Recs 4–10 to 4–11), and announced the establishment of a Serious Incident Response Scheme for residential aged care to begin in July 2021 (which will partly implement Recs 4–1 to 4–3 and 4–5 to 4–6). Funding has also been allocated to conduct a prevalence and feasibility study to inform future Government decisions on the potential introduction of a Serious Incident Response Scheme in home and community aged care (which would fully implement Recs 4–1 to 4–6). The Government also conducted a consultation on developing an ‘Aged Care Worker Regulation Scheme’ (which would implement Rec 4–9), and this closed on 29 June 2020. The Department of Health has also produced Community Visitors Scheme National Guidelines (Rec 4-14).

The Commonwealth and state and territory governments have also been engaged in steps to implement Recs 5–1 to 5–3 concerning enduring documents. On 29 November 2019, the Council of Attorneys-General (CAG) agreed to pursue a staged approach to enduring power of attorney reform for financial decisions, first focusing on law reforms to support the establishment of a mandatory national register of enduring power of attorney instruments, followed by further consideration of reforms to enhance safeguarding provisions and enhance access to justice arrangements. At their meeting on 27 July 2020, participants agreed in-principle to the proposed broad policy design for a national register of enduring documents, and tasked the Commonwealth to present a final proposal on the possible implementation and costing of the scheme, including resolution of outstanding issues, before the end of 2020. New South Wales and South Australia have enacted Adult Safeguarding laws (Recs 14-1, 14-4, 14-5, 14-6, 14-7).

The Commonwealth Attorney-General’s Department also funded production of a guide on financial enduring powers of attorney, published by the Office of the Public Advocate of Victoria and the Australian Guardianship and Administration Council in October 2019 (Rec 5-1). The Adult Guardianship and Administration Council has produced guidelines for Australian Tribunals for Maximising the Participation of the Person in Guardianship Proceedings (Rec 10-2), and the Law Council has published Best Practice Guide for Legal Practitioners in Relation to Elder Financial Abuse (Rec 8-1).