ALRC InBrief | September 2020

New Inquiries Announced 

The Attorney-General of Australia, the Hon Christian Porter MP, has issued terms of reference for two Australian Law Reform Commission (ALRC) inquiries.

The first Inquiry topic is judicial impartiality and the second is a review of the legislative framework for corporations and financial services regulation.

Review of Judicial Impartiality

The ALRC has been asked to undertake a review of the laws relating to impartiality and bias as they apply to the federal judiciary.  These laws are important to ensure that justice is both done and seen to be done in Commonwealth courts and tribunals.

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Review of the Legislative Framework for Corporations and Financial Services Regulation

The ALRC has been asked to inquire into the potential simplification of laws that regulate financial services in Australia.
 
The Inquiry is part of the Government’s response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Corporate Criminal Responsibility – Final Report Released

On Monday 31 August, the Australian Law Reform Commission report, Corporate Criminal Responsibility (Report 136, 2020), was tabled in Parliament by the Attorney-General, the Hon Christian Porter MP.

The implementation of the 20 recommendations made by the ALRC will significantly strengthen and simplify the Commonwealth corporate criminal responsibility regime.

Read the Final Report

Read ALRC Legal Officer Samuel Walpole’s article about the recommendations relating to attribution of criminal responsibility made in the ALRC’s Corporate Criminal Responsibility Final Report.

Read ALRC Legal Officer Tess Van Geelen’s article regarding Recommendation 19 in the Corporate Criminal Responsibility Final Report on the introduction of a ‘failure to prevent’ offence for transnational crimes.

Corporate Criminal Responsibility Podcast Series

In this podcast series hear from several members of the Australian Law Reform Commission team discussing key issues raised in the Corporate Criminal Responsibility Final Report.

Each of the short interviews unpacks the current landscape and the final recommendations made by the ALRC.

Listen to the Corporate Crime Podcast Series.

Future of Law Reform Webinar Recordings 

Last month over 2100 people registered to attend the Future of Law Reform Webinar Series in a nationwide conversation on law reform, covering topics including defamation, automated decision making and administrative law, legal structures for social enterprises, and press freedom. The recordings of each session, along with a summary, are now available.

The Future of Law Reform – Defamation Webinar
Automated Decision Making and Administrative Law Webinar
Legal Structures for Social Enterprises Webinar
Law Reform Relating to Press Freedom Webinar