From the ALRC President

ALRC President the Hon Justice Mordy Bromberg

Welcome to the latest edition of the ALRC’s In Brief newsletter.

The last few months at the ALRC have been both busy and memorable. In October, the ALRC celebrated its 50th anniversary by hosting a dinner, attended by over 200 guests, and the Australasian Law Reform Agencies Conference 2025 (ALRAC), with approximately 100 attendees. ALRAC is an opportunity for those in the law reform field to learn, exchange ideas and experiences, and continue to innovate and improve the discipline of law reform.

Both events were a tremendous success. Guests across both events included heads of jurisdiction, federal and state judges, legal practitioners, policy experts and academics. We were particularly pleased to welcome law reform colleagues from across Australia, and international colleagues from the UK, Tonga, Aotearoa New Zealand, Papua New Guinea, Hong Kong, and Seychelles.

The dinner opened with two very thoughtful video addresses from the Governor-General and Attorney-General, reflecting on the founding year of the ALRC, and the remarkable work the ALRC has performed since. The dinner  went on to feature two historic panel discussions:  

• The first was a panel discussion featuring past ALRC Presidents the Hon Michael Kirby AC CMG, the Hon Elizabeth Evatt AC, Professor Rosalind Croucher AM, the Hon Justice Sarah Derrington AM, and inaugural Commissioner Professor the Hon Gareth Evans AC KC. Moderated by ABC Radio National journalist and presenter Damien Carrick, the conversation explored the critical role of women in law reform, the rule of law, and the deep value of consulting with those most impacted by the laws under review. I’m pleased to inform you that a recording of the discussion has been broadcast on the Law Report.

• I was also privileged to join a second panel discussion with Chief Justice the Hon Debra Mortimer of the Federal Court of Australia, the Hon Chief Justice William Alstegren AO of the Federal Circuit and Family Court of Australia, and the Hon Justice Rowena Orr of the Victorian Supreme Court, moderated by our MC for the night, Waleed Aly. The panel engaged in a lively discussion about justice responses to sexual violence and how courts can better uphold First Nations Peoples’ rights and interests.

The dinner and ALRAC were important opportunities to celebrate the ALRC and its remarkable impact and legacy; to network; and to share learnings with colleagues, near and far, about the practice of law reform.    

I look forward to leading the ALRC into its next decade of impactful law reform work for the benefit of the Australian people.

– Mordy Bromberg

The Hon Justice Mordecai Bromberg
President, Australian Law Reform Commission

The Review of the Future Acts Regime is in its final stages, having published a Discussion Paper on 22 May which received over 100 submissions. Public submissions are now available on the ALRC website. The ALRC thanks everyone who has contributed by making submissions and participating in consultation events. The ALRC relies on extensive consultation to complement the detailed legal research and analysis we undertake, contributing to our evidence-based approach for developing law reform proposals.

The breadth and depth of feedback received in response to the Discussion Paper has confirmed how important the inquiry is to many people and the many issues raised by the Terms of Reference. The ALRC is now focused on considering all feedback and developing the Review’s Final Report and recommendations for reform. Key issues the Review will report on include:

• agreement-making for future acts;

• options for improving the effectiveness of procedural rights in the future acts regime; and

• options for ensuring effective participation in the future acts regime.

The Review of Surrogacy Laws has been focused on finalising the Discussion Paper, due for publication shortly. The Discussion Paper is an important milestone in the inquiry process, giving a detailed outline of the issues the inquiry has identified, the feedback from stakeholders, experts and the community, as well as possible options for reform. Once the Discussion Paper is published, the ALRC will again invite submissions in response. Key issues contained in the Review of Surrogacy Laws Discussion Paper include:

• the dividing line between surrogacy that is lawful and unlawful

• appropriate safeguards and mechanisms for financial and other support

• ensuring certainty in surrogacy agreements and parentage

• the handling of citizenship and passports in overseas surrogacy

The publication of the Discussion Paper follows extensive consultation with a wide range of stakeholders, including legal practitioners, academics and researchers, people with lived experience of surrogacy, and the wider community.

The Review of Human Tissue Laws is also preparing for publication of its Discussion Paper in November, which will provide greater detail of the issues, feedback and reform options under consideration by the inquiry. Following publication of the Discussion Paper, the ALRC will again call for submissions in response.

Key issues canvassed in the Review of Human Tissue Laws Discussion Paper include the barriers that may prevent equitable access to the benefits of human tissue donation, transplantation and use, and what should be the objects of new human tissue legislation; as well as the need to modernise and harmonise:

• the legal framework governing the donation and use of human tissue for medical, educational, and scientific purposes;

• legislative provisions for how to determine that a person has died (often referred to as ‘definition of death’ provisions);

• consent and authorisation frameworks for living and deceased donation of human tissue;

• access to human tissue for use in research;

• provisions that prohibit trade in human tissue;

• provisions that prevent or limit the disclosure of information about human tissue donors or recipients.

The Discussion Paper draws on the extensive consultation undertaken with legal and medical experts, regulators, researchers, industry, and people with lived experience.