Adult safeguarding laws
Recommendation 14–1 Adult safeguarding laws should be enacted in each state and territory. These laws should give adult safeguarding agencies the role of safeguarding and supporting ‘at-risk adults’. A duty to protect14.12 The starting point for responding to elder abuse, Professor Jonathan Herring has written, should be thatolder people have a fundamental human right to …
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Read moreThe law reform process
1.51 The scope of each ALRC inquiry is defined by the Terms of Reference. The recommendations for reform must sit within this scope and need to be built on an appropriate conceptual framework and evidence base.1.52 A major aspect of building the evidence base to support the formulation of ALRC recommendations for reform is consultation, …
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Read moreReform round-up
Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129)On 22 March, the Government introduced into the Senate the Human Rights Legislation Amendment Bill 2017. Among other things, the Bill contains measures to reform section 18C of the Racial Discrimination Act 1975. The Explanatory Memorandum notes that in its ‘Freedoms Report’ the ALRC identified that Part …
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Read moreThe ALRC’s Freedoms Report and Government Lawyers— Issues on the Horizon
Australian Government Legal Network, 29 July 2016, Canberra, by Professor Rosalind Croucher AM*Transcript[Square bracket notes indicate interpolated material. Not all the text was delivered.]AcknowledgmentsAs the Head of an Australian Government agency, and in the spirit of our Reconciliation Action Plan, I begin my presentation by acknowledging the traditional custodians of this land, and pay my respect to the elders, …
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Read moreCriminal law
175 Elder abuse is closely related to family violence. Like family violence, elder abuse can be physical, sexual, psychological or financial in nature, and is usually committed by a family member. State and territory criminal law includes offences that respond to some forms of physical, sexual and financial elder abuse. Offences relevant to elder abuse …
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Read morePartnerships in Law Reform—Contributions to Policy and Building Impact
Research Partnership Roundtable, Corrs Chambers Westgarth Offices, Brisbane, 1 June 2016, Professor Rosalind Croucher AM* President, Australian Law Reform CommissionIntroductionThank you very much for inviting me here today. When Amanda Alford wrote to me to invite me to speak, how could I resist? Given that I know Amanda well, I knew it would be: well planned, well organised, and brilliantly …
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Read moreConceptualising law reform references
Australasian Law Reform agencies Conference, Melbourne Law School, 2-4 March 2016. Professor Rosalind Coucher AM, President, Australian Law Reform Commission and the Hon Philip Cummins AM, Chair, Victorian Law Reform Commission.TranscriptProf Rosalind Croucher AM (RC): Thank you, Phillip, for being such a gracious host and organising such a marvellous conference. It’s such a feast to have …
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Read moreLaunch of ALRC Report 129, Traditional Rights and Freedoms—Encroachments by Commonwealth Laws
Wednesday, 2 March 2016, Parliament House, Canberra Professor Rosalind Croucher AMIntroduction and welcomeGood morning and welcome to this important event. I am Professor Rosalind Croucher, President of the Australian Law Reform Commission, and it is my very great privilege to commence the proceedings.I warmly welcome:Attorney-General, Senator the Hon George Brandis QCShadow Attorney-General, the Hon Mark Dreyfus …
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Read moreALRC Report — Rights and freedoms in Commonwealth laws
ALRC report, Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129), was tabled and launched in Parliament today by the Attorney-General, the Hon Senator George Brandis QC and is now publicly available.In this far-reaching inquiry, the Australian Law Reform Commission was asked to identify and critically examine Commonwealth laws that encroach upon traditional rights, …
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Read moreLaw reform process
82 A major aspect of building the evidence base to support the formulation of ALRC recommendations for reform is consultation, acknowledging that widespread community consultation is a hallmark of best practice law reform.[25] Under the provisions of the Australian Law Reform Commission Act 1996 (Cth), the ALRC ‘may inform itself in any way it thinks …
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