Proposed 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 …
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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, …
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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 …
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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 …
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Read moreWhat should be included in the general secrecy offence?
Damaging national security, defence or international relations5.10 Section 33(1)(a) of the FOI Act provides that a document is exempt if disclosure would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.[9]National security and defence5.11 In this section the ALRC considers whether unauthorised disclosures that damage the security …
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Read moreWhat should not be included in the general secrecy offence?
5.77 In the following section, the ALRC considers which of the public interests protected by the various FOI Act exemptions should not be protected by the general secrecy offence.Cabinet documents and internal working documents5.78 Section 34 of the FOI Act provides that a document is an exempt document if it has been, or will be, submitted …
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Read more4. Litigation, arbitration and insolvency
Introduction4.1 Cross border litigation, arbitration and insolvencies generate issues that are at the heart of cross border legal risk. The civil remedies that are in fact available through those proceedings set the ground rules for negotiations over cross border legal issues and influence the form of the legal support that is given to the commercial …
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Read more1. Introduction
This inquiryThe terms of reference1.1 On 19 July 1995 the then federal Attorney-General, Michael Lavarch, asked the Commission to review the civil remedies available under Australian law and under multilateral or bilateral instruments or arrangements to which Australia was or could be a party. The Commission was asked to report on the feasibility of the …
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Read more2. Remedies, commerce and cross border risk
Introduction2.1 Cross border transactions have always attracted legal risks. What has changed is the volume and range of international commerce in which Australia is involved and the complexity and significance for Australia of the legal issues that this commerce generates. Cross border legal issues are emerging as a separate area of commercial risk that need …
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Read moreExceptions in specific secrecy offences
10.34 The remainder of this chapter considers the operation of exceptions and defences in specific secrecy offences. Because specific secrecy offences apply to different kinds of information and address the information-sharing requirements of different agencies, exceptions vary considerably—and for legitimate reasons. This is not an area in which firm criteria can always be established, or …
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