Past Inquiries

30.10.1996

Disability services

This reference was received in August 1995. The final report for this inquiry was the third in a series of inquiries into Acts administered by the Department of Health and Family Services.The final report (ALRC Report 79) provides a detailed analysis of the Disability Services Act 1986 (Cth). The Commission identified a number of flaws …

09.10.1996

Cross border civil remedies

This reference began on 19 July 1995, arising out of concerns about the effectiveness of the legal remedies available when commercial transactions cross international borders. In particular, insolvencies relating to Australian corporate identities Alan Bond and the late Christopher Skase, and the late British media magnate Robert Maxwell, had highlighted problems. Disputes that involve the …

09.05.1996

Standing in public interest litigation

In 1985 the Australian Law Reform Commission reported on the law of standing – the set of rules that determine whether a person is entitled to commence proceedings. ALRC Report 27 includes discussions on issues of standing in civil proceedings involving both the common law and statutes and discussions on the rules governing private prosecution. ALRC …

15.01.1996

Freedom of Information Act 1982 – open government

The ALRC began its review of the FOI Act in July 1994. The Inquiry was conducted jointly with the Administrative Review Council. The principal purpose of the review was to determine whether the FOI Act had achieved the purposes and objectives it was designed to achieve and, if it had not, to recommend changes to …

30.10.1995

Costs shifting

This inquiry into the impact on the litigation system of the costs allocation rules began in June 1994. It arose from a recommendation in the Access to Justice Advisory Committee 1995 report Access to Justice: An Action Plan. The report reviews the impact on the litigation system of the costs allocation rules. ALRC Report 75 …

31.08.1995

Designs

The ALRC review (commencing in August 1992) of Australia’s industrial design laws was prompted by concerns that designs laws, which had been in place since 1906, did not strike an adequate balance between protecting design rights and encouraging innovation.Two consultation papers, both carrying the title Designs, were released during the course of the inquiry – …

30.06.1995

Contact cases and the Family Court

The ALRC was asked by the Family Law Council to join it in researching legal aid costs and related issues in repetitive access applications coming before the Family Court. The ALRC officially received a reference on the issue in May 1993.One of the purposes of the reference was to determine and assess the disproportionate use …

30.03.1995

Aged Care Legislation for the Commonwealth

ALRC Report 72 was the second of three reports, which resulted from a series of inquiries into Acts administered by the Department of Health and Family Services. This reference was received in August 1992.ALRC Report 72 identifies problems with the outdated and complicated legislation dealing with aged care services, in particular the National Health Act …

09.12.1994

Equality before the law

The ALRC took the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) as its starting point.The ALRC inquiry found the legal system failed women in five key areas by:leaving them in the dark—women often have difficulty finding relevant information;brutalising the victim—even when women are aware of their rights, they often find …

09.11.1994

Child Care Act 1972

ALRC Report 70 deals specifically with the Child Care Act 1972 (Cth) and the operation of child care outside this legislation through the Children’s Services Program, such as occasional care and family day care. The report’s main findings centre on the need for new legislation not only to encompass the variety of child care operations …