The Terms of Reference for this inquiry tasked the ALRC with examining a range of issues with the aim of strengthening and harmonising sexual assault and consent laws. The referral also asked the ALRC to promote and consider just outcomes for people who have experienced sexual violence, including minimising retraumatisation.
During the Inquiry, the ALRC produced an Issues Paper, conducted 126 consultations with more than 384 consultees, and received 220 submissions.
Download the Final Report.
Download the Summary Report.
Download the Issues Paper
Submissions in response to the Issues Paper are now open.
The Issues Paper aims to explain the future acts regime at a high level and introduce our Inquiry. It also starts a conversation by asking you to let us know your thoughts. You can do this by making a submission or in another way that works for you.
There are five questions in the Issues Paper. We are asking these questions to help us identify the issues or problems that we should examine and to help us develop ideas for reform. You do not need to answer all of the questions. You are also welcome to comment on any other matters mentioned in the Terms of Reference.
Submissions closed 21 February 2025.
| Download the Issues Paper |
We have also prepared a short Info Sheet about the Issues Paper and a standalone document listing the questions contained in the Issues Paper.
| Download the Info Sheet |
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We know that making a submission can be time-consuming and sometimes difficult. We also know that people have competing demands on their time and resources, including from the future acts regime itself. We are asking for submissions now to help us identify the issues we should address when we develop our ideas for reform. If you cannot make a submission now, there will be another opportunity to make a submission when we publish our Discussion Paper. The Discussion Paper will contain ideas for reform and ask for feedback on those ideas. You are welcome to make a submission in response to one or both of our papers, however you think best. |
Submissions in response to the questions raised in the Issues Paper have now closed. The ALRC sincerely thanks everyone who has made a submission.
The questions focus on the information, support, and options available to victim survivors following their experience of sexual violence. At the same time, the questions recognise that a person accused of an act of sexual violence cannot be convicted of an offence unless it is established beyond reasonable doubt.
It is not essential to respond to all of the questions in the Issues Paper, and we would like to hear about the questions that matter most to you.
| Download the Issues Paper |
The ALRC has also prepared a one page Info Sheet about the Issues Paper and a standalone document listing the questions contained in the Issues Paper.
| Download the Info Sheet |
| Download the Questions (PDF) |
| Download the Questions (Word) |
The ALRC welcomes submissions from individuals and organisations from all over Australia.
The ALRC is especially interested in hearing from:
- people who have experienced sexual violence;
- state and territory government and law enforcement agencies;
- policy and research organisations;
- community service providers (especially specialist sexual assault service providers and legal assistance service providers); and
- the broader legal profession (including prosecutors and defence lawyers).
- people and organisations representing groups that are overrepresented in sexual violence statistics.
This includes:
- women;
- First Nations people;
- people from culturally and linguistically diverse (‘CALD’) backgrounds;
- people with disability;
- people who are lesbian, gay, bisexual, transgender, queer, intersex, asexual, brotherboy, sistergirl, or who have other genders and sexualities (LGBTQIA+);
- people who have been convicted of criminal offences and been incarcerated;
- people who are migrants or newly arrived refugees impacted by insecure visa status;
- people living with HIV;
- people in residential care settings;
- older people, especially those experiencing cognitive decline; and
- young people.
Submissions in response to the Issues Paper closed on Friday, 24 May 2024. Public submissions will be published on the ALRC website in accordance with the Submissions Policy.
The ALRC wishes to respect the ability of people to identify as having experienced sexual violence and to share their experiences in a submission. However, different laws generally restrict how and when some information can be published if it would identify a victim survivor, a complainant in legal proceedings, or a person accused of committing sexual violence. Further information is available on the Submissions page.
Support services:
If you, or someone you know, needs help, the following services are available:
- 1800RESPECT call 1800 737 732, text 0458 737 732, https://www.1800respect.org.au/
- Full Stop Australia 1800 385 578 http://www.fullstop.org.au/
- Lifeline 13 11 14 https://www.lifeline.org.au/
- 13YARN 13 92 76 https://www.13yarn.org.au/about-us
- Kids Helpline 1800 55 1800 https://www.kidshelpline.com.au
- Compass (support service for elder abuse) 1800 353 374 https://www.compass.info/
- Rainbow Sexual, Domestic and Family Violence Helpline 1800 497 212 https://fullstop.org.au/get-help/our-services/rainbowviolenceandabusesupport
If you, or someone you know, needs legal support, the following services are available:
- Women’s Legal Services: https://www.wlsa.org.au/members/
- Community Legal Centres: www.clcs.org.au
- Legal Aid: www.nationallegalaid.org/contact
- Aboriginal and Torres Strait Islander Legal Services: contact your State or Territory Aboriginal and Torres Strait Islander legal service provider to receive support.
- Law Societies and Institutes: contact your State or Territory law society/institute to receive support finding a lawyer.
If you are feeling unsafe or frightened, or if threats have been made against you, you should contact your local police for assistance and if you are in immediate danger, dial Triple Zero (000).
To report a crime or to contact police in a non-urgent situation, contact your local police on 131 444. Some states and territories offer online and alternative methods of reporting. If you want to report a crime anonymously, call Crime Stoppers on 1800 333 000 or visit www.CrimeStoppers.com.au.
The Australian Law Reform Commission (‘ALRC’) report, Maximising the Realisation of Human Rights: Religious Educational Institutions and Anti-Discrimination Laws (ALRC Report 142), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC on 21 March 2024.
The Terms of Reference for this inquiry tasked the ALRC with recommending the legislative reforms required to ensure that the government’s policy when enacted as law, will be consistent with Australia’s international legal obligations. The ALRC conducted over 130 consultations and received over 400 submissions and 40,000 survey responses.
The implementation of the government’s policy in accordance with the ALRC’s recommended reforms will:
- substantially narrow the circumstances in which discrimination by religious educational institutions of their students and staff is permissible at law.
- maximise the enjoyment of human rights and appropriately manage the intersection of rights.
- ensure any restriction of rights is justifiable under international law.
- make federal law more consistent with state and territory laws and the law in comparable overseas jurisdiction.
Download the Final Report.
Download the Summary Report.
Download Consultation Paper.
Download Inquiry Background Papers:
The Australian Law Reform Commission report, Confronting Complexity: Reforming Corporations and Financial Services Legislation (ALRC Report 141), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC, on 18 January 2024.
The Final Report contains 58 recommendations aimed at transforming corporations and financial services legislation into a more adaptive, efficient, and navigable legislative framework. The Final Report builds upon the three Interim Reports published during the Inquiry, which contained 23 of the 58 recommendations.
Implementing the recommendations made by the ALRC would produce legislation that:
- is easier to navigate and understand;
- reduces the costs of unnecessary complexity in the existing legislative framework;
- promotes the principled use of delegated legislative powers, with appropriate levels of guidance and oversight from Parliament;
- promotes meaningful compliance with the substance and intent of the law;
- is flexible and adaptive to new business models, technologies, and practices; and
- provides a better platform for implementing future policy initiatives.
Download the Final Report.
Download the Summary Report.
Download additional resources:
- Delegated Legislative Powers Mapping: Database identifying powers to make delegated legislation in the financial services-related provisions of Chapter 7 of the Corporations Act 2001 (Cth) and Part 2 Div 2 of the Australian Securities and Investments Commission Act 2001 (Cth).
- Policy Initiatives Data: Database identifying policy initiatives relating to corporations and financial services legislation undertaken between 2010 and 2022.
Over the course of the Inquiry, the ALRC produced three Interim Reports and 12 Background Papers:
Hard copy versions of the report are also available to purchase.
Further resources are available as part of the ALRC’s data analysis for the Inquiry on the DataHub.
This Background Paper aims to reflect what the Australian Law Reform Commission (‘ALRC’) heard from a wide range of stakeholders during its Inquiry into Religious Educational Institutions and Anti-Discrimination Laws. The Background Paper includes an overview of the Inquiry approach, including the methodology adopted to create an evidentiary base for the ALRC’s recommendations, and an analysis and discussion of key themes and interrelated issues which emerged from consultations, submissions, and survey responses.
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry, including key principles and areas of research that underpin the development of recommendations.
Around the world, jurisdictions have grappled with the problem of how best to maximise realisation of all human rights in the context of religious educational institutions. Different jurisdictions have dealt with this issue in different ways, which has led to a variety of legal approaches. This Background Paper discusses the application of anti-discrimination law to religious educational institutions from a comparative law perspective. The laws of five foreign jurisdictions are examined, including the European Union, England and Wales, the Republic of Ireland, New Zealand, and Canada.
These background papers are intended to provide a high-level overview of topics of relevance to the Australian Law Reform Commission’s Inquiry into Religious Educational Institutions and Anti-Discrimination Laws, including key principles and areas of research that underpin the development of recommendations.
This discussion of the submissions received in response to Interim Report C is the 12th in a series of background papers released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. They discuss key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish the Final Report of the Inquiry by 30 November 2023. In the meantime, feedback on the background papers is welcome at any time by email to financial.services@alrc.gov.au.
The Australian Law Reform Commission report, Financial Services Legislation: Interim Report C (Report 140, 2023), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC MP on 22 June 2023.
Interim Report C contains recommendations, proposals, and questions in relation to the reform of corporations and financial services legislation. The recommendations in Interim Report B relate to technical improvements that would simplify corporations and financial services legislation. The recommendations are in a form that may be implemented prior to the conclusion of the Inquiry, if accepted by the Australian Government.
In respect of the proposals and questions, the ALRC is seeking written submissions from stakeholders. Submissions, together with further consultations, surveys, workshops, and seminars, will form part of the evidence base for a further Interim Report and the Final Report.
Submissions close 26 July 2023.
Download the Summary Report.
Download Interim Report C.
Hard copy versions of the report are also available to purchase.
Download additional resources:
- Selection of OPC Drafting Rules: Note summarising a range of drafting rules and conventions adopted by the Office of Parliamentary Counsel (Cth).
- Illustrative FSL Schedule: This Appendix, also published as Appendix D to Interim Report C, illustrates how the financial services-related aspects of Chapter 7 of the Corporations Act and the entirety of Part 2 Div 2 of the ASIC Act may be restructured within Sch 1 to the Corporations Act (the FSL Schedule), as contemplated by Proposals C9 and C10 of Interim Report C.
Further resources are available as part of the ALRC’s data analysis for the Review of the Legislative Framework for Corporations and Financial Services Regulation.
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Read the summary article: |
This discussion of superannuation and the legislative framework for financial services is the 11th in a series of background papers released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers may be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, and this Report will include specific questions and proposals for public comment. A call for further submissions will be made on the release of this Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to financial.services@alrc.gov.au.