Other issues
Consent of the Attorney-General to prosecute7.152 The consent of the Attorney-General must be obtained before a prosecution can be commenced for breach of certain secrecy provisions. For example, the Attorney-General, or a person acting under his or her direction, must consent prior to a prosecution under s 79 of the Crimes Act[166] or s 91.1 of the …
Publications
Read moreInteraction with criminal law procedures
Although protection orders are a civil remedy, and the standard of proof to obtain them is the civil standard of the balance of probabilities, the procedures followed are those usually associated with criminal matters.Police powers of entry, search and seizureIn most Australian jurisdictions, the police have specific legislative powers to enter premises without warrants in …
Publications
Read moreDefinition of family violence or acts constituting family violence
Family violence legislationAlthough the family violence legislation of states and territories does not appear to be substantially different in respect of crucial matters such as the types of conduct that may constitute domestic violence, the Commissions consider that there are some key differences that ought to be addressed. One option for reform is to have …
Publications
Read moreSecrecy laws and open government
Secrecy laws that impose obligations of confidentiality on individuals handling government information—and the prosecution of public servants for the unauthorised disclosure of such information—can sit uneasily with the Australian Government’s commitment to open and accountable government. Secrecy laws have also drawn sustained criticism on the basis that they unreasonably interfere with the right to freedom …
Inquiries
Read moreMedia Briefing – Review of Secrecy Laws: Discussion Paper 74
Introduction This briefing provides an overview of the ALRC’s Discussion Paper, Review of Secrecy Laws (DP 74). On 5 August 2008, the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission (ALRC) to conduct an Inquiry into options for ensuring a consistent approach across government to the protection of Commonwealth information …
News/Media Release
Read moreVoiceless Animal Law Lecture Series
David Weisbrot, President, Australian Law Reform Commission, at Sydney Law School, The University of Sydney, 19 May 2009 | Panel Discussion (David Weisbrot AM, Celeste Black, Peter Sankoff, chaired by Katrina Sharman)1. David: As President of the ALRC, you spend a lot of time looking at deficiencies in certain laws and making recommendations for change. …
News/Media Release
Read morePolicy Transparency, Genetic Counselling and the Required Legal Infrastructure
Presentation by Professor David Weisbrot, President of the Australian Law Reform Commission, to the Symposium on ‘The Legal Implications of Biobanking: An Initial Review of the Legal Infrastructure Development of Taiwan’s Pilot Project’, 8 August 2005. Synopsis Following the sequencing success of the Human Genome Project, research into population genetics is likely to bring the next generation of …
News/Media Release
Read moreThe Kirby Oration – The Human Genome: Lessons for Life, Love and the Law
Professor David Weisbrot, President, Australian Law Reform CommissionThe 8th AIHLE Annual Conference, Hobart, 20 November 2003 First, thank you very much to the Board of the Australian Institute of Health Law and Ethics (AIHLE) and the organisers of this conference, for the great honour of being invited to deliver the opening address. It is a …
News/Media Release
Read moreDomestic violence
The ALRC received Terms of Reference for this inquiry on 29 May 1984. The final report (ALRC Report 30, tabled March 1986) examined the issue of domestic violence within the Australian Capital Territory, focusing exclusively on incidents involving adult people who were married or living in a de facto relationship.Legal institutions’ responses to instances of …
Inquiries
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