The value of independent law reform
1.7 In conducting its inquiry, the Committee has been asked to refer to the role and statutory responsibilities of the ALRC and the appropriate allocation of functions between the ALRC and other statutory agencies. These questions are closely related, and more broadly concern the crucial question of the value independent law reform agencies can bring …
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Read moreFirst submission to the inquiry into the Australian Law Reform Commission
On 23 November 2010 the Senate referred an inquiry into the Australian Law Reform Commission to the Legal and Constitutional Affairs Committee. The Inquiry considers: the ALRC’s role, governance arrangements and statutory responsibilities; the adequacy of ALRC staffing and resources to meet its objectives; best practice examples of like organisations interstate and overseas; the appropriate …
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Read moreWinners of the 2010 Kirby Cup Law Reform Competition announced
The ALRC is pleased to announced that this year’s winning entry in the Kirby Cup Law Reform Competition is from Monash University law students, Israel Cowen and Adam Delacorn. This winning entry was chosen from five other finalists. President Professor Rosalind Croucher said, ‘this year the entrants in the Kirby Cup competition had to look …
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Read moreProcess of reform
Consultation processes Advisory Committee 1.54 It is standard operating procedure for the ALRC to establish an expert Advisory Committee to assist with the development of its inquiries.[62] In this Inquiry, the Advisory Committee includes judges, senior officers of Australian Government agencies, academics and senior lawyers. 1.55 The Advisory Committee met for the first time on …
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Read moreAppendix 2. List of Agencies, Organisations and Individuals Consulted
Name Location ACT Policing Canberra Dr S Armstrong Sydney Professor H Astor Sydney Australian Centre for the Study of Sexual Assault Melbourne Australian Domestic and Family Violence Clearinghouse Sydney Australian Institute of Criminology Sydney Board of Inquiry, Child Protection, NT Alice Springs Professor T Brown Sydney G Calvert Sydney Central Australian Aboriginal Family Legal Unit …
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Read moreInformation sharing between agencies
30.126 Information flow to the federal family courts and the state and territory courts is important to ensure that the courts are making orders based on all the relevant information, and that the potential for inconsistent orders is minimised. It is also important that information is shared appropriately among relevant government agencies and private sector …
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Read moreInformation flow to the family law system
30.10 As discussed in Chapter 15, the Family Law Act 1975 (Cth) sets out detailed considerations to which a family court must have regard in deciding whether to make a particular parenting order. The ‘paramount consideration’ in this regard is ‘the best interests of the child’.[5] Pursuant to s 60CC, the primary considerations for determining …
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Read moreDispute resolution in child protection—law and practice
23.66 In most Australian states and territories, child protection legislation includes provisions designed to facilitate negotiated solutions. In addition, some government and community agencies use ADR procedures for child protection cases and have developed policy and practice in relation to ADR. There is a great deal of variation in the processes and terminology used to …
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Read moreFamily law, child protection and family violence intersections in ADR
23.113 As discussed in Chapter 3, families experiencing breakdown and family violence may have multiple and simultaneous engagements with different legal systems. For example, a child protection agency may commence care proceedings in the children’s court, while a parent may commence proceedings in a family court for parenting orders governing children’s living arrangements. Similarly, parties …
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Read moreInformation sharing between child protection agencies and the police
20.42 The investigation, and prosecution, by law enforcement agencies of serious offences alleged to have been committed against a child or young person may be hampered by laws that do not clearly permit relevant information to be shared with the police. Consequently, the ability of the criminal justice system to protect the safety not only …
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