Introduction
Chapter 4 explores what constitutes family violence—or domestic violence or domestic abuse, as it is referred to in some jurisdictions. Definitions of family violence vary widely across family violence legislation, the Family Law Act 1975 (Cth), the criminal law, and other types of legislation such as victims’ compensation legislation and migration regulations. The chapter considers whether …
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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 …
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Read moreModel provisions reflecting best practice?
While pursuing model family violence laws is beyond the scope of this Inquiry, the Commissions consider that there are a number of discrete areas of family violence laws that ought to be the subject of best practice approaches across the jurisdictions.Guiding principles and a human rights frameworkPrinciplesThere is some precedent in family violence legislation—and criminal …
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This Inquiry looked at the complex interaction between state and territory family and domestic violence and child protection laws and the Family Law Act 1975 (Cth). The ALRC was to consider what, if any, improvements could be made to relevant legal frameworks to protect the safety of women and children.
Inquiries
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3.1 The ways in which individuals use and disclose government information is subject to several layers of regulation. This chapter provides an overview of current laws governing the disclosure of government information by individuals within and beyond the Australian Government.3.2 This chapter first considers the equitable duty of confidence and common law duties of loyalty …
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2.1 In this Inquiry the ALRC has been asked to have regard to the importance of balancing the public interest in an open and accountable system of government with the need to protect Commonwealth information. The challenge then is to identify the proper place for secrecy provisions in the context of open government.2.2 The concept …
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Read moreFrom secrecy to open government
Secrecy and government2.4 The secrecy of government information has a long history. As Professor Enid Campbell has explained, the notion that the activities of government should be secret goes back to a period when monarchs were motivated by a desire to protect themselves against their rivals and official information was considered the property of the …
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Read moreCurrent trends in open government
FOI reforms2.21 At the time of writing, the FOI Act is the subject of a proposed reform package based on a commitment by the Australian Government to ‘undertake the most significant overhaul of the FOI Act since its inception in 1982’.[30] The package includes the Freedom of Information (Removal of Conclusive Certificates and Other Measures) …
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Read moreStop press—legislation recently introduced into Parliament
1.62 The law in this Report is current to 11 November 2009. Following this date, three significant bills were introduced into Parliament—two proposed amendments to the FOI Act and one concerning taxation secrecy provisions.1.63 The Freedom of Information Amendment (Reform) Bill 2009 (Cth) and the Information Commissioner Bill 2009 (Cth) were introduced in Parliament on 26 November 2009. The …
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1.1 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, balanced against the need to maintain an open and accountable government through providing appropriate access …
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