Advisory Committee

The ALRC forms an advisory committee, or panel of experts, for each Inquiry:

The Hon. Justice Wendy Abraham, Federal Court of Australia NSW
Professor Elise Bant, Melbourne Law School
Professor Liz Campbell, Francine McNiff Chair of Criminal Jurisprudence, Monash University
Associate Professor Penny Crofts, University of Technology, Sydney
Dr Olivia Dixon, Senior Lecturer, University of Sydney
Mr Tim Game SC, Forbes Chambers
The Hon. Justice David Hammerschlag, Supreme Court of New South Wales
Associate Professor Rosemary Langford, Melbourne Law School
Mr Joe Longo, Senior Adviser Herbert Smith Freehills
Mr Dean Luxton , Barrister, Aickin Chambers
Professor Ian Ramsay, Melbourne Law School
Mr Stephen Speirs, Senior Associate, Ashurst
Mr Leon Zwier, Partner, Arnold Bloch Leibler

10 April 2019 – Terms of Reference received

10 April 2019 – Call for comments on scope of inquiry and Terms of Reference.

10 May 2019 – Comments on Terms of Reference close

15 November 2019 – Discussion Paper + call for submissions

31 January 2020 – Submissions to Discussion Paper close

30 April 2020 – Report delivered to the Attorney-General

31 August 2020 – Tabled in Parliament and publicly released

Comments on Terms of Reference

1. Not published

2. Professor L Campbell

3. Associate Professor J Overland

4. Not published

5. Not published

6. Australian Restructuring Insolvency & Turnaround Association (ARITA)

7. McCullough Robertson

8. Dr R Ivory

9. Business Council of Australia

10. Australian Institute of Company Directors (AICD)

11. Law Council of Australia

12. Allens

13. Australian Banking Association

14. Motor Trades Association of Australia

Submissions to Discussion Paper

15. Not published

16. Morgan Corporate Recovery

17. T Game and Justice D Hammerschlag

22. Not published

23. Australian Restructuring Insolvency & Turnaround Association (ARITA)

24. McCullough Robertson Lawyers

25. Australian Competition and Consumer Commission (ACCC)

26. Professor J Nolan and N Frishling

27. Law Council of Australia

28. Australian Small Business and Family Enterprise Ombudsman

29. CHOICE

30. Australian Shareholders’ Association

31. Allens

32. Justice Connect

33. Dr L Price

34. Nyman Gibson Miralis

35. Monash Transnational Criminal Law Group

36. Bruce Mulvaney & Co

37. Australian Institute of Company Directors

38. Dr P Hanrahan

39. Human Rights Law Centre and Australian Centre for International Justice

40. Pitcher Partners

41. Condon Associates

42. Associate Professor J Overland

43. Uniting Church of Australia Synod of Victoria and Tasmania

44. Logie-Smith Lanyon

45. Construction & General Division, Construction Forestry Maritime Mining and Energy Union (CFMMEU)

46. Bryan Cave Leighton Paisner LLP

47. Not published

48. Australian Financial Markets Association

49. Association of Independent Insolvency Practitioners

50. CPA Australia and Chartered Accountants ANZ

51. Dr V Comino

52. Australian Charities and Not-for-profits Commission

53. Australian Transaction Reports and Analysis Centre (AUSTRAC)

54. Australian Securities and Investments Commission (ASIC)

55. Insurance Council of Australia

56. Commonwealth Director of Public Prosecutions (CDPP)

57. Australian Banking Association

58. BHP

59. NSW Young Lawyers

60. Not published

61. Associate Professor P Crofts

62. Herbert Smith Freehills

63. Business Council of Australia

During this project, we asked Australians: where next for law reform? What areas of law should be the subject of an ALRC Inquiry?

On Monday 2 December 2019, the ALRC released its report The Future of Law Reform: A Suggested Program of Work 2020-25.

The report follows 8 months of national consultations. Through an online survey, individuals and organisations had the opportunity to provide comments on potential law reform topics and make their own suggestions about areas of law they believe are in need of reform. Over 400 people completed the survey. The ALRC has also been holding consultations with key stakeholders and conducting public seminars.

To start the process we prepared a short note outlining:

our consultation process,
how we would prioritise potential law reform projects; and
some example areas of law that may be ripe for reform.

In May and June 2019, the ALRC held four seminars on the future of law reform in conjunction with the Law Schools at the University of NSW, Australian National University, and the University of Melbourne. To find out more about each seminar you can read a short summary:

We also held a webinar with Wolters Kluwer CCH and a seminar (also accessible online) with the Law Society of Western Australia to discuss the shortlisted topics. Click here for a summary of the Perth seminar.

I, Christian Porter, Attorney-General of Australia, having regard to:

the corporate criminal responsibility regime in Part 2.5 of the Commonwealth Criminal Code contained in Schedule 1 of the Criminal Code Act 1995 (Cth) (‘the Code’); and,
the complexity of this regime and its challenges as a mechanism for attributing corporate criminal liability;

REFER to the Australian Law Reform Commission (ALRC) for inquiry and report, pursuant to s 20(1) of the Australian Law Reform Commission Act 1996 (Cth), a consideration of whether, and if so what, reforms are necessary or desirable to improve Australia’s corporate criminal liability regime. In particular, the ALRC should review the following matters:

the policy rationale for Part 2.5 of the Code;
the efficacy of Part 2.5 of the Code as a mechanism for attributing corporate criminal liability;
the availability of other mechanisms for attributing corporate criminal responsibility and their relative effectiveness, including mechanisms which could be used to hold individuals (eg senior corporate office holders) liable for corporate misconduct;
the appropriateness and effectiveness of criminal procedure laws and rules as they apply to corporations; and
options for reforming Part 2.5 of the Code or other relevant legislation to strengthen and simplify the Commonwealth corporate criminal responsibility regime.

Scope of the reference

The ALRC should have regard to existing reports relevant to Australia’s corporate accountability system, including reports on: corporate misconduct; corporate criminal law; corporate governance; court procedure which applies in corporate enforcement actions; and law enforcement arrangements relating to corporate misconduct/crime. The reports which the ALRC should consider should include but not be limited to the:

2019 Final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry; and
2017 report of the ASIC Enforcement Review Taskforce.

This review would encompass consideration of:

comparative corporate criminal responsibility regimes in relevant foreign jurisdictions;
potential application of Part 2.5 of the Code to extraterritorial offences by corporations;
consideration of possible alternatives to expanding the scope and application of Part 2.5 of the Code, such as introducing or strengthening other statutory regimes for corporate criminal liability;
consideration of whether Part 2.5 of the Code needs to incorporate provisions enabling senior corporate officers to be held liable for misconduct by corporations;
options for reforming Part 2.5 of the Code (or other corporate liability regimes) to facilitate implementation of the recommendations made by, or to address issues highlighted by, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and by the ASIC Enforcement Review Taskforce.

Noting the Federal Court of Australia’s criminal jurisdiction, the review should consider the effectiveness of present Commonwealth criminal procedural laws with a focus on their interaction with state and territory criminal procedural law, particularly in relation to committal hearings.

Consultation

The ALRC should consult widely with: law enforcement authorities charged with policing and prosecuting corporate criminal conduct; courts; and other stakeholders with expertise and experience in the corporate law and white collar crime sectors. The ALRC should produce consultation documents to ensure experts, stakeholders and the community have the opportunity to contribute to the review.

Timeframe for reporting

The ALRC should provide its report to the Attorney-General by 30 April 2020.

On 3 November 2022, the Attorney-General withdrew the terms of reference for this Inquiry. Accordingly, this Inquiry is now closed and will not be completed.

On 10 April 2019, the Attorney-General issued Terms of Reference requesting the ALRC to conduct an Inquiry into the Framework of Religious Exemptions in Anti discrimination Legislation. The Terms of Reference were altered by the Attorney-General on 29 August 2019.

On 2 March 2020, the Attorney-General amended the ALRC’s reporting deadline to be 12 months from the date the Religious Discrimination Bill is passed by Parliament.

On 3 November 2022, the Attorney-General withdrew the terms of reference for this Inquiry.

On 10 April 2019, the Hon Christian Porter, Attorney-General of Australia, provided Terms of Reference to the ALRC for an inquiry into Australia’s corporate criminal responsibility regime.

The ALRC released a Discussion Paper and called for submissions on 15 November 2019. Submissions closed on 31 January 2020.

The report, Corporate Criminal Responsibility (Report 136, 2020) was delivered to the Attorney-General on 30 April 2020 and tabled in Parliament on 31 August 2020.

Amended Timeframe for reporting

On 2 March 2020 the Attorney-General amended the ALRC’s reporting deadline to be 12 months from the date the Religious Discrimination Bill is passed by Parliament.

Amended Terms of Reference 29 August 2019

I, the Hon Christian Porter MP, Attorney-General of Australia, having regard to:

The original terms of reference for a review by the Australian Law Reform Commission (ALRC) of religious exemptions Commonwealth, State and Territory anti-discrimination law that were issued on 8 April 2019
the public release by the Commonwealth of the Religious Discrimination Bill 2019, that is intended to be passed in the current Parliamentary term, and the associated public consultation process on the terms of that Bill
the anticipated effect of that Bill on the operation of Commonwealth, State and Territory anti-discrimination legislation
the rights and freedoms recognised in the international agreements to which Australia is a party, in particular:
- the right to freedom of thought, conscience and religion, including the right to manifest one’s religion or belief in worship, observance, practice and teaching and the liberty of parents and guardians (where applicable) to ensure the religious and moral education of their children in conformity with their own convictions; and
- the rights of equality and non-discrimination
the importance of protecting the rights of all people, and children in particular, to be free from discrimination in education
the importance of allowing religious institutions to conduct themselves in a manner consistent with their religious ethos
the interaction between Commonwealth, State and Territory anti-discrimination laws and the desirability of national consistency in religious exceptions in those laws

ALTER the terms of reference issued to the ALRC on 8 April 2019, pursuant to subsection 20(2) of the Australian Law Reform Commission Act 1996 (Cth), to take account of the additional legislative reform to be pursued through the intended passage of the Religious Discrimination Bill 2019. The ALRC should confine its inquiry to issues not resolved by that Bill, and should confine any amendment recommendations to legislation other than the Religious Discrimination Bill.

It should inquire into, and report on, what reforms to relevant anti-discrimination laws, the Fair Work Act 2009 (Cth) and any other Australian law should be made in order to:

limit or remove altogether (if practicable) religious exemptions to prohibitions on discrimination, while also guaranteeing the right of religious institutions to reasonably conduct their affairs in a way consistent with their religious ethos; and
remove any legal impediments to the expression of a view of marriage as it was defined in the Marriage Act 1961 (Cth) before it was amended by the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), where such impediments continue to exist despite the enactment of the Religious Discrimination Bill 2019.

Scope of the altered reference

In undertaking this altered reference, the ALRC should include consideration of Commonwealth, State and Territory anti-discrimination laws and the Fair Work Act, but should confine its recommendations to amendments to laws existing prior to enactment of the Religious Discrimination Bill 2019.

To avoid doubt, ‘religious institutions’ for the purposes of this reference includes bodies established for religious purposes as well as educational institutions conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed.

The ALRC should identify and have regard to existing reports and inquiries including:

the Report of the Expert Panel on Religious Freedom (Religious Freedom Review), particularly recommendations 1, 5, 6, 7 and 8;
Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129); and
any other inquiries or reviews, including state and territory inquiries or reviews, that it considers relevant.

Consultation

The ALRC should consult widely with State and Territory governments, religious institutions, the education sector, and other civil society representatives. The ALRC should produce consultation documents to ensure experts, stakeholders and the community have the opportunity to contribute to the review. Further, any such consultation documents should allow experts, stakeholders and the community to have the benefit of the public consultation processes that will accompany the Religious Discrimination Bill, and should take into account any amendments to the Bill resulting from those consultation processes.

Timeframe for reporting

The ALRC should provide its report to the Attorney-General by 12 December 2020.

View the Terms of Reference received 10 April 2019.

It is ALRC policy to publish public submissions on this website. Publication will not be immediate as submissions need to be read and processed prior to publication.

Submissions listed as ‘not published’ have been withheld from publication for privacy or legal concerns. Some Submitters have been granted an extension, and further submissions will be uploaded in due course.

1. K Menz (PDF)

2. ICP J Walker (PDF)

3. V Ruhr (PDF)

4. W Mundy (PDF)

5. J Tarr (PDF)

6. K Davis (PDF)

7. Australian Lawyers Alliance (PDF)

8. S Foley (PDF)

9. Australian Shareholders Association (PDF)

10. Bennelong Funds Management (PDF)

11. Marsh Australia (PDF)

12. M Legg & J Metzger (PDF)

13. R Bungey (PDF)

14. Johnson Winter & Slattery (PDF)

15. Financial Recovery Technologies (PDF)

16. Environmental Justice Australia (PDF)

17. Harbour Litigation Funding (PDF)

18. Institute of Public Accountants (PDF)

19. Therium Australia Limited (PDF)

20. PF2 Securities Consulting Pty Ltd (PDF)

21. C Dealehr (PDF)

22. CHOICE (PDF)

23. Victorian Legal Services Board and Commissioner (PDF)

24. D Barrow (PDF)

25. Ashurst (PDF)

26. L Cantrill (PDF)

27. DLA Piper Australia (PDF)

28. Chartered Accountants Australia and New Zealand (PDF)

29. Grata Fund (PDF)

30. Litigation Capital Management Limited (PDF)

31. International Litigation Partners (PDF)

32. Maddens Lawyers (PDF)

33. AustralianSuper (PDF)

34. Phi Finney McDonald (PDF)

35. Australian Institute of Company Directors (PDF)

36. M Duffy (PDF)

37. Maurice Blackburn_Sydney (PDF)

38. Burford Capital (PDF)

39. Public Interest Advocacy Centre (PDF)

40. Norton Rose Fulbright (PDF)

41. Supreme Court of Victoria (PDF)

42. Clayton Utz (PDF)

43. Shine Lawyers Brisbane (PDF)

44. U.S Chamber Institute for Legal Reform (PDF)

45. MinterEllison (PDF)

46. Cbus (PDF)

47. Insurance Council of Australia Limited (PDF)

48. Woodsford LItigation Funding (PDF)

49. Zurich Australia Insurance Limited (PDF)

50. IMF Bentham Limited (PDF)

51. Law Firms Australia (PDF)

52. Allens (PDF)

53. P Spender (PDF)

54. Slater and Gordon (PDF)

55. NSW Society of Labor Lawyers (PDF)

56. Levitt Robinson (PDF)

57. M Morris (PDF)

58. Association of Litigation Funders of Australia (PDF)

59. Risks and Insurance Management Society Australasia (PDF)

60. Legal Aid NSW (PDF)

61. Hesta (PDF)

62. Law Council of Australia (PDF)

63. Healthcare Companies and Business Group (PDF)

64. Law Society of NSW (PDF)

65. King & Wood Mallesons (PDF)

66. Queensland Law Society (PDF)

67. Consumer Action Law Centre (PDF)

68. NSW Young Lawyers (PDF)

69. Australian Bar Association (PDF)

70. Augusta Ventures (Australia) Pty Ltd (PDF)

71. CHOICE (Supplementary submission) (PDF)

72. Australian Securities and Investments Commission (PDF)

73. Law Firms Australia (PDF)

74. Maurice Blackburn (Sydney) (PDF)

75. Law Society of NSW (PDF)

76. MinterEllison (PDF)

77. IMF Bentham (PDF)

78. Australian Institute of Company Directors (PDF)

It is ALRC policy to publish public submissions on this website. Publication will not be immediate as submissions need to be read and processed prior to publication.

Submissions listed as ‘not published’ have been withheld from publication for privacy or legal concerns.