Law 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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Read moreA common law principle
16.10 Historically, the executive had the benefit of the broad common law immunity of ‘the Crown’.[10] This extended not only to the sovereign, but to the executive government. In Commonwealth v Mewett, which includes a discussion of the history and rationale of Crown immunity, Dawson J said:The immunities which the Crown enjoys from suit in …
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Read moreA common law principle
15.7 Access to the courts for the purpose of judicial review is an important common law right. Sir William Wade stated that ‘to exempt a public authority from the jurisdiction of the courts of law is, to that extent, to grant dictatorial power’.[6]15.8 In Church of Scientology v Woodward, Brennan J said:Judicial review is neither …
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Read moreLaws that impose strict or absolute liability
10.34 There are a range of Commonwealth laws that could be said to impose strict or absolute liability. This chapter examines laws that arise in the following areas:corporate and prudential regulation;environmental protection;work health and safety laws;customs and border protection legislation;national security legislation; andcopyright legislation.10.35 The imposition of absolute liability is relatively rare, and is largely …
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Read moreLaws that interfere with freedom of speech
4.67 A wide range of Commonwealth laws may be seen as interfering with freedom of speech and expression, broadly conceived. Commonwealth laws prohibit, or render unlawful, speech or expression in many different contexts and include:criminal laws;secrecy laws;privilege and contempt laws;anti-discrimination laws;media, broadcasting and telecommunications laws;information laws; andintellectual property laws.[76]4.68 Some of these laws impose limits …
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Read moreLaw reform process
1.82 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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Read moreReform round-up
Classification—Content Regulation and Convergent Media (ALRC Report 118)On 10 November 2015, the Australian Communications and Media Authority (ACMA) announced its agreement to register a new Commercial Television Industry Code of Practice, submitted by Free TV, the industry group representing commercial free-to-air broadcasters.The new code represents a move to less restrictive time zones. This is consistent with …
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Read moreJustice Connections 4 – Institutional Law Reform and Justice
Justice Connections, hosted by the University of Canberra and the Australian National University, University House, 20 November 2015. Part 1Part 2Transcript[This dialogue followed a presentation by Dr Anrew Leigh MP.]Simon Rice (SR): Ros is President of the Australian Law Reform Commission and has just been reappointed for three years, and I chair the ACT Advisory Law Reform Council. So, each of …
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Read more40 years of law reform—is the flame still burning?*
* This article draws from earlier articles that appeared in the ALRC’s Annual Reports of 1975, 1999–2000, and 2004–05 and the 2015 Michael Kirby lecture by Professor Rosalind Croucher AM.Institutional anniversaries, particularly those where significant longevity is involved, provide a time to reflect on the legacy of an organisation and to interrogate its ongoing role …
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Read moreProgram 1: Conducting inquiries into aspects of Australian laws and related processes for the purposes of law reform
The objective of this program is to produce, for each inquiry, a report that contains the evidence base—including in-depth research and analysis of relevant laws, legal frameworks and processes, and community consultation and feedback—and recommendations that will assist the Government to make informed decisions about the development, reform and harmonisation of Australian laws and related …
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