The law reform process
1.33 Law reform recommendations cannot be based upon assertion or assumption and need to be built on an appropriate conceptual framework and evidence base.Framing principles1.34 The ALRC identified five framing principles for guiding the recommendations for reform in this Inquiry: dignity; equality; autonomy; inclusion and participation; and accountability. There was wide support by stakeholders for …
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Read moreImplications for law reform
2.91 In September 2013, Australia appeared before the 10th session of the UNCRPD.[111] In its concluding observations, the UNCRPD recommended that Australia review its Interpretative Declarations in order to withdraw them.[112]2.92 The ALRC asked what impact the Interpretative Declaration regarding art 12 had on (a) the provision for supported or substitute decision-making arrangements; and (b) …
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Read moreThe law reform process
1.33 Law reform recommendations cannot be based upon assertion or assumption and need to be built on an appropriate conceptual framework and evidence base.Framing principles1.34 The ALRC identified five framing principles for guiding the recommendations for reform in this Inquiry: dignity; equality; autonomy; inclusion and participation; and accountability. There was wide support by stakeholders for …
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Read moreThe law reform process
1.55 The ALRC was given Terms of Reference in June 2013 and asked to report to the Attorney-General by June 2014. These Terms of Reference set out and limit the scope of the ALRC’s Inquiry.1.56 The Report is the final stage in the process. The first stage included the release of an Issues Paper,[41] and …
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Read moreLawful authority
Recommendation 11–1 The Act should provide for a defence that the defendant’s conduct was required or authorised by law. 11.7 The defence of lawful authority protects a defendant from liability for serious invasions of privacy where the conduct was required or authorised by law.[1] This defence will be especially important for government authorities that are …
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Read moreThe law reform process
1.55 The ALRC was given Terms of Reference in June 2013 and asked to report to the Attorney-General by June 2014. These Terms of Reference set out and limit the scope of the ALRC’s Inquiry.1.56 The Report is the final stage in the process. The first stage included the release of an Issues Paper,[41] and …
Publications
Read moreALRC seeks input into the Disability and Commonwealth Laws Inquiry
The Australian Law Reform Commission (ALRC) today released the final consultation paper in its inquiry into disability and Commonwealth laws, Equality, Capacity and Disability in Commonwealth Laws (DP 81).The Discussion Paper presents over 50 proposals for reform of Commonwealth laws and legal frameworks to better provide people with disability equal recognition before the law—in particular, …
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Read morePodcast: Equality, Capacity and Disability in Commonwealth Laws – the Discussion Paper
TranscriptThis is Rosalind Croucher, I’m President of the Australian Law Reform Commission and I’m the Commissioner who has been leading the inquiry into Disability and Commonwealth Laws.I’m very pleased to talk about the Discussion Paper, Equality, Capacity and Disability in Commonwealth Laws which the ALRC has just released. This is the second consultation document that …
News/Media Release
Read moreLawful authority
Proposal 10–1 The new Act should provide a defence of lawful authority. 10.8 The defence of lawful authority provides government agencies, security and intelligence organisations, and law enforcement agencies with protection from liability for serious invasions of privacy where that conduct was consistent with their statutory powers.[1] 10.9 This defence is consistent with the principle …
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Read moreNew Australian Law Reform Inquiry to Focus on Freedoms
The Attorney-General, Senator the Hon George Brandis QC, has asked the Australian Law Reform Commission (ALRC) to review Commonwealth legislation to identify provisions that unreasonably encroach upon traditional rights, freedoms and privileges. See Attorney-General’s Media Release >> Proposed Terms of Reference Review of Commonwealth laws for consistency with traditional rights, freedoms and privileges I, Senator the …
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