Restorative justice
One widely accepted definition of restorative justice is ‘a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future’.[11] However, such processes need not involve face-to-face meetings between victims and offenders, and can be used for victims alone …
Publications
Read moreRemoving impediments to information sharing
Information sharing has been identified as an ongoing challenge in ensuring the safety of victims of family violence in proceedings in federal family courts and state and territory courts. Time for Action recommended that information-sharing systems and protocols should be developed and supported by all organisations in response to sexual assault and family violence. It …
Publications
Read moreAwareness of pre-existing orders
Parenting proceedings under the Family Law Act‘Friendly parent’ provisionConcerns have been raised that certain provisions of the Family Law Act may impede the extent to which family courts are informed about any history or risk of family violence. In particular, concerns have been raised about:s 60CC(3)(c)—which requires the court to consider the willingness and ability …
Publications
Read moreDoes the Privacy Act cover genetic samples?
8.4 A key term in defining the coverage of the Privacy Act is ‘personal information’. The Information Privacy Principles (IPPs) and NPPs apply when government, private sector organisations and individuals collect, store, use and disclose personal information. Under s 6(1) of the Privacy Act ‘personal information’ is defined as follows:personal information means information or an …
Publications
Read moreDeceased individuals
Extending the Privacy Act to deceased individuals7.84 DP 66 asked whether the Privacy Act adequately deals with issues that may arise in relation to the genetic samples and information of deceased individuals.[93] A threshold question concerns the extent to which it makes sense to protect the privacy of deceased individuals through the application of information …
Publications
Read moreA Human Genetics Commission of Australia
Is there a need?5.36 It may be that there once was a time when the suggested solution to every significant social issue was the establishment of a specialised agency or tribunal to deal with that issue. However, as a general matter, it is now the ALRC’s strong preference to utilise or build upon existing institutions …
Publications
Read moreProposed functions
High-level advice on human genetics5.79 Many submissions emphasised the need for governments and other policy-makers to receive cutting-edge advice about a range of complex issues raised by the rapidly developing field of human genetics, which integrates a broad range of expertise, experiences and perspectives.5.80 The University of Tasmania’s Centre for Law and Genetics wrote that:It …
Publications
Read moreSocial reactions to rapid scientific change
4.12 The pace of scientific advancement in biotechnology and in other related fields creates a degree of social ambivalence about the potential benefits and potential dangers of change. On the one hand, there is very strong public support for breakthroughs promising better medical diagnosis and treatments, and for assisting with law enforcement; on the other, …
Publications
Read moreALRC submission to the inquiry into exposure drafts of Australian privacy amendment legislation
Ms Christine McDonaldSecretary, Legislation CommitteeSenate Standing Committee on Finance and Public Administration 23 July 2010 Dear Ms McDonald Inquiry into exposure drafts of Australian privacy amendment legislation The Australian Law Reform Commission (ALRC) welcomes the release of the Australian Privacy Principles Exposure Draft and Companion Guide as a major plank in the implementation of the …
Publications
Read moreCommunity consultation processes
1.17 One of the most important features of ALRC inquiries is the commitment to public engagement and community consultation. The ALRC-AHEC media release in February 2001, which responded to the Terms of Reference, expressly recognised that widespread public consultation would be a key feature of the genetic information Inquiry. As mentioned above, the reporting deadline …
Publications
Read more