Appendix G: Implementation Status of ALRC Reports

Table 17: Implementation Status of ALRC Reports

Report Title Tabling date Implementation brief Degree of implementation
ALRC 108 For Your Information: Australian Privacy Law and Practice 11 Aug 2008 Healthcare Identifiers Act 2010 (Cth); Exposure drafts of Australian privacy amendment legislation PARTIAL (See Appendix F)
ALRC 107 Privilege in Perspective 13 Feb 2008   UNDER CONSIDERATION
ALRC 104 Fighting Words: A Review of Sedition Laws in Australia 13 Sep 2006 National Security Legislation Amendment Bill 2010 (Cth) UNDER CONSIDERATION
(See Appendix F)
ALRC 103 Same Crime, Same Time: Sentencing of Federal Offenders 22 June 2006 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth); federal sentencing data PARTIAL (See Appendix F)
ALRC 102 Uniform Evidence Law 8 Feb 2006 Evidence Amendment Act 2008 (Cth); Evidence Amendment Act 2007 (NSW); Evidence Act 2008 (Vic); Statutes Amendment (Evidence and Procedure) Act 2008 (SA); Evidence Amendment (Journalists Privilege) Act 2007 (Cth) SUBSTANTIAL
ALRC 99 Genes and Ingenuity: Gene Patenting and Human Health 31 Aug 2004 House of Representatives Standing Committee on Legal and Constitutional Affairs, Review of Technological Protection Measures Exceptions (2006); Senate Standing Committee on Community Affairs Inquiry into Gene Patents PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION
(See Appendix F)
ALRC 98 Keeping Secrets: The Protection of Classified and Security Sensitive Information 23 Jun 2004 National Security Information Amendment Act 2005 (Cth); National Security Information (Criminal Procedure) Act 2004 (Cth) SUBSTANTIAL
ALRC 96 Essentially Yours: The Protection of Human Genetic Information in
29 May 2003 Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) [amendment of definition of ‘disability’ to include ‘genetic predisposition to disability’, prohibition on employer requesting certain information from employee]; Section 95AA  Guidelines For National Privacy Principles About Genetic Information; National Pathology Accreditation Advisory Council, Classification of Human Genetic Testing 2007 Edition (2007); National Statement on Ethical Conduct in Human Research (2007); Privacy Legislation Amendment Act 2006 (Cth); Human Genetics Advisory Committee established (2006); IFSA Standards Genetic Information and Family Medical History (2005); Family Law Regulations 2004 (Cth) [parentage testing forms]; Crimes  Legislation Enhancement Act 2003 (Cth) [inter-jurisdictional sharing of DNA information with participating jurisdictions]. National Health and Medical Research Council Guidelines on the provision of genetic information to relatives (2009) SUBSTANTIAL
(See Appendix F)
ALRC 95 Principled Regulation: Federal Civil & Administrative Penalties in Australia 19 March 2003 A Guide To Framing Commonwealth Offences, Civil Penalties And Enforcement Powers (2004) PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION
ALRC 92 The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 2 Oct 2001 Family Law Amendment Act 2005 (Cth) [appeals from Family Court]; High Court Rules 2004 [special leave applications]; Jurisdiction of
Courts Legislation Amendment Act 2002 (Cth) [appellate jurisdiction of Federal Court]; Supreme Court Amendment Act 2001 (ACT) [ACT Court of Appeal]
ALRC 91 Review of the Marine Insurance Act 1909 22 May 2001 Financial Services Reform (Consequential Provisions) Act 2001 (Cth) [Repeal s 59, 60 of MIA Act] PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION
ALRC 89 Managing Justice: A Review of the Federal Civil Justice System 17 Feb 2000 Australian Academy of Law established (2005); Administrative Appeals Tribunal Amendment Act 2005 (Cth); Family Law Rules 2004 (Cth); Jurisdiction of Courts Legislation Amendment Act 2002 (Cth) [allows a single judge to dismiss an appeal for want of prosecution or failure to comply with a direction of the Court];  National Pro Bono Resource Centre established (2002); Council of Australian Tribunals established (2002); National Judicial College established (2002); Launch of Australian Law Online (2001); FLC review of social science literature proposal (2001); AUTC law discipline review (2001–02); changes to case management in Family Court of Australia and the Federal Court of Australia; Family Law Amendment Act 2000 (Cth) [arbitration of family law property matters]; Federal Justice System Amendment (Efficiency Measures) Act (No 1) 2009 (Cth) [assessors]; Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) SUBSTANTIAL
(See Appendix F)
ALRC 87 Confiscation that Counts: A Review of the Proceeds of Crime Act 1987 15 June 1999 Proceeds of Crime Act 2002 (Cth) SUBSTANTIAL
ALRC 85 Australia’s Federal Record: A Review of Archives Act 1983 2 July 1998 Archives Amendment Act 2008 (Cth) [objects clause, definition of ‘record’, NAA as executive agency]; Census Information Legislation Amendment Act 2000 (Cth); E-Permanence Strategy PARTIAL
ALRC 84 Seen and Heard: Priority for Children in the Legal Process 19 Nov 1997 Evidence Amendment Act 2008 (Cth); Measures to Combat Serious and Organised Crime Act 2001 (Cth) [examination & cross-examination of child witnesses]; NSW Law Society Representation Principles for Children’s Lawyers (2000); increase of age of criminal responsibility to 10—Children and Young People Act 1999 (ACT); Justice Act 1997 (Tas) PARTIAL.
ALRC 82 Integrity: But Not by Trust Alone 10 Dec 1996 Law Enforcement Integrity Commissioner Act 2006 (Cth); Law  Enforcement (AFP Professional Standards and Related Measures) Act 2006 (Cth) SUBSTANTIAL
ALRC 80 Legal Risk in International Transactions 8 Oct 1996 Cross Border Insolvency Act 2008 (Cth); Electronic Transactions Act 2000 (Cth)— complementary legislation in all states and territories. PARTIAL
ALRC 79 Making Rights Count: Services for People with a Disability 10 Oct 1996 Disability Services Amendment (Improved Quality Assurance) Act 2002 (Cth) PARTIAL
ALRC 78 Beyond the Door Keeper: Standing to Sue for Public Remedies 30 May 1996   NIL
ALRC 77 Open Government: A Review of the Federal Freedom of Information Act
24 Jan 1996 Freedom of Information (Removal of Conclusive Certificates and Other
Measures) Act 2009 (Cth); Australian Information Commissioner Act 2010 (Cth); Freedom of Information Amendment (Reform) Act 2010 (Cth)
(See Appendix F)
ALRC 75 Costs Shifting—Who Pays for Litigation 25 Oct 1995 Migration Litigation Reform Act 2005 (Cth) PARTIAL.
ALRC 74 Designs 31 Aug 1995 Designs Act 2003 (Cth) SUBSTANTIAL
ALRC 73 For the Sake of the Kids: Complex Contact Cases and the Family Court 20 June 1995 Family Law Reform Act 1995 (Cth) SUBSTANTIAL
ALRC 72 The Coming of Age: New Aged Care Legislation for the Commonwealth 8 March 1995 Aged Care Act 1997 (Cth) SUBSTANTIAL
ALRC 70 Child Care for Kids 8 Nov 1994 Child Care Legislation Amendment Act 1998 (Cth) [confidentiality]; Child Care Legislation Amendment Act 1998 (Cth) [sanctions for breach] PARTIAL
ALRC 69 Equality Before the Law:

Part I: Justice for Women

Part II: Women’s Equality


25 Jul

21 Dec

Sex Discrimination Amendment Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Domestic Violence Act 1995 (Norfolk Is) SUBSTANTIAL
ALRC 68 Compliance with the Trade Practices Act 1974 29 Jun 1994 Trade Practices Amendment (No 1) Act 2001 (Cth) PARTIAL
ALRC 67 (Interim) Equality Before the Law: Women’s Access to the Legal System 3 March 1994 See ALRC 69 SUBSTANTIAL
ALRC 65 Collective Investments: Other People’s Money 30 Sep 1993 Managed Investments Act 1998 (Cth) SUBSTANTIAL
ALRC 64 Personal Property Securities 27 May 1993 Personal Property Securities Act 2009 (Cth) SUBSTANTIAL
(See Appendix F)
ALRC 63 Children’s Evidence: Closed Circuit TV 26 May 1993 Evidence (Closed-Circuit Television) (Amendment) Act 1994 (ACT);  Crimes Amendment (Children’s Evidence) Act 1996 (NSW) SUBSTANTIAL
ALRC 61 Administrative Penalties in Customs and Excise 9 Sep 1992   NIL
ALRC 60 Customs and Excise 7 May 1992 Customs Amendment Act (No1) 1997 (Cth); Customs Excise and Bounty Amendment Act 1995 (Cth) PARTIAL
ALRC 59 Collective Investments: Superannuation 28 Apr 1992 Superannuation Industry (Supervision) Act 1993 (Cth); Superannuation Resolution of Complaints Act 1993 (Cth) SUBSTANTIAL
ALRC 58 Choice of Law 28 May 1992 Choice of Law (Limitation Periods) Act 1993 (NSW); Choice of Law (Limitation Periods) Act 1993 (Vic); Choice of Law (Limitation Periods)
Act 1994 (WA); Choice of Law (Limitation Periods) Act 1994 (NT)
ALRC 57 Multiculturalism and the Law 28 April 1992 Evidence Act 1995 (Cth); Evidence Act 1995 (NSW); Racial Hatred Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Crimes and Other
Legislation Amendment Act 1994 (Cth). See also: Consumer Credit
Code; Insurance Council of Australia, Insurance Code of Practice
ALRC 55 Censorship Procedure 11 Sep 1991 Classification (Publications, Films and Computer Games) Act 1995 (Cth)— complementary legislation in each state and territory SUBSTANTIAL
ALRC 52 Guardianship and Management of Property 20 Dec 1989 Guardianship and Management of Property Act 1991 (ACT) SUBSTANTIAL
ALRC 51 Product Liability 15 Aug 1989 Alternative option implemented by Trade Practices Amendment Act 1992 (Cth) NIL
ALRC 50 Community Law Reform for the ACT: 4th Report—Informed Decision-Making in Medical Procedures 21 Nov 1989 National Health and Medical Research Council Guidelines on the  provision of information to patients PARTIAL
ALRC 48 Criminal Admiralty Jurisdiction and Prize 27 Nov 1990 Crimes Legislation Amendment Act 1992 (Cth); Crimes (Ships and Platforms) Act 1992 (Cth); Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth) SUBSTANTIAL
ALRC 47 Community Law Reform for the ACT: 3rd Report—Enduring Powers of
6 April 1989 Powers of Attorney (Amendment) Act 1989 (ACT); Property Law  Amendment Act 1990 (Qld) SUBSTANTIAL
ALRC 46 Grouped Proceedings in the Federal Court 13 Dec 1988 Federal Court (Amendment) Act 1991 (Cth) [did not adopt costs recommendations] SUBSTANTIAL
ALRC 45 General Insolvency Inquiry 13 Dec 1988 Bankruptcy Legislation Amendment Act 1996 (Cth); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth); Corporate Law Reform Act 1992 (Cth) SUBSTANTIAL
ALRC 44 Sentencing 25 Aug 1988 Crimes Legislation Act (No 2) 1993 (ACT); Periodic Detention Act 1995 (ACT); Crimes Legislation Amendment Act (No 2) 1989 (Cth) PARTIAL
ALRC 43 (Interim) The Commonwealth Prisoners Act 24 March 1988 Interim report—see ALRC 44 PARTIAL
ALRC 42 Occupiers’ Liability 13 April 1988  Law Reform (Miscellaneous Provisions) (Amendment) Act 1991 (ACT) SUBSTANTIAL
ALRC 40 Service and Execution of Process 9 Dec 1987 Service and Execution of Process Act 1992 (Cth); Service and Execution of Process Amendment Act 1991 (Cth) SUBSTANTIAL
ALRC 39 Matrimonial Property 16 Sep 1987 Family Law Reform Act 1995 (Cth) SUBSTANTIAL
ALRC 38 Evidence 5 June 1987 Evidence Act 1995 (Cth);
Evidence Act 1995 (NSW)
ALRC 37 Spent Convictions 3 June 1987 Crimes Legislation Amendment Act 1989 (Cth); Human Rights and Equal Opportunity Commission Regulations (Cth); Model Spent Convictions Bill (Cth) SUBSTANTIAL
(See Appendix F)
ALRC 36 Debt Recovery and Insolvency 21 Oct 1987 Bankruptcy Legislation Amendment Act 1996 (Cth); Magistrates Court (Enforcement of Judgments) Act 1994 (ACT); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth) SUBSTANTIAL
ALRC 35 Contempt 3 June 1987 Family Law Amendment Act 1989 (Cth) PARTIAL
ALRC 33 Civil Admiralty Jursidiction 2 Dec 1986 Admiralty Act 1988 (Cth) SUBSTANTIAL
ALRC 32 Community Law Reform for the ACT: 2nd Report—Loss of Consortium and compensation for Loss of Capacity to do Housework 23 Oct 1986 Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991 (ACT) SUBSTANTIAL
ALRC 31 The Recognition of Aboriginal Customary Laws 12 June 1986 Crimes and Other Legislation Amendment Act 1994 (Cth) [Investigation Procedures]; Evidence Act 1995 (Cth) [Interpreters and interrogation]; Safety and Rehabilitation and Compensation Act 1988 (Cth) s 4 [Customary marriage recognition]; Adoption legislation in NSW, NT, SA, Vic; De Facto Relationships Act 1984 (NSW); Administration and Probate Act 1979 (NT); Family Provision Act 1970 (NT); Child Placement Principle–see child welfare laws in each state and territory; Native Title Act 1993 (Cth) [fishing, hunting, and gathering rights] PARTIAL
ALRC 30 Domestic Violence 20 March 1986 Domestic Violence Amendment Act 1991 (ACT); Domestic Violence Act 1986 (ACT) SUBSTANTIAL
ALRC 28 Community Law Reform for the ACT: 1st Report—Contributory Negligence in Fatal Accident Cases and Breach of Statutory Duty Cases and Funeral Costs in Fatal Accident Cases 29 Nov 1985 Law Reform (Miscellaneous Provisions) (Amendment) Act 1991 (ACT); Compensation (Fatal Injuries) (Amendment) Act 1991 (ACT) SUBSTANTIAL
ALRC 27 Standing in Public Interest Litigation 29 Nov 1985 See ALRC 78 NIL
ALRC 26 (Interim) Evidence 21 Aug 1985 See ALRC 38 SUBSTANTIAL
ALRC 24 Foreign State Immunity 10 Oct 1984 Foreign States Immunities Act 1985 (Cth) SUBSTANTIAL
ALRC 22 Privacy 14 Dec 1983 Privacy Act 1988 (Cth); Telecommunications (Interception) Amendment Act 1987 (Cth) SUBSTANTIAL
ALRC 20 Insurance Contracts 16 Dec 1982 Insurance Contracts Act 1984 (Cth) SUBSTANTIAL
ALRC 18 Child Welfare 12 Nov 1981 Children’s Services Act 1988 (ACT) SUBSTANTIAL
ALRC 16 Insurance Agents and Brokers 11 Sep 1980  Insurance (Agents and Brokers) Act 1984 (Cth) SUBSTANTIAL
ALRC 15 (Interim) Sentencing of Federal Offenders 21 May 1980 Crimes Amendment Act 1982 (Cth); Crimes Compensation Act 1982 (NT); Criminal Injuries Compensation Act 1983 (ACT); Crimes Legislation Amendment Act (No 2) 1989 (Cth) PARTIAL
ALRC 14 Lands Acquisition and Compensation 22 April 1980 Lands Acquisition Act 1989 (Cth); Lands Acquisition Act 1978 (NT) SUBSTANTIAL
ALRC 12 Privacy and the Census 15 Nov 1979 Census and Statistics Amendment Act 1981 (Cth) SUBSTANTIAL
ALRC 11 Unfair Publication: Defamation and Privacy 7 June 1979   NIL
ALRC 9  Complaints against Police (Supplementary Report) 9 June 1978 See ALRC 1 SUBSTANTIAL
ALRC 7  Human Tissue Transplants 21 Sep 1977 Transplantation and Anatomy Act 1978 (ACT) [legislation based on the report has been enacted in all states and territories] SUBSTANTIAL
ALRC 6 Insolvency: The Regular Payment of Debts 4 Nov 1977 Bankruptcy Amendment Act 1996 (Cth); Bankruptcy Amendment Act 1980 (Cth) SUBSTANTIAL
ALRC 4 Alcohol, Drugs and Driving 23 Sep 1976 Motor Traffic (Alcohol and Drugs) Act 1977 (ACT) SUBSTANTIAL
ALRC 2 Criminal Investigation 8 Nov 1975 Defence Force (Discipline) Act 1984 (Cth); Crimes (Investigation of
Commonwealth Offences) Act 1991 (Cth); Crimes Amendment (Forensic Procedures) Act 1998 (Cth). See also Police Administration
Act 1978 (NT)
ALRC 1 Complaints against Police 7 Aug 1975 Complaints (Australian Federal Police) Act 1981 (Cth). See also Police (Allegations of Misconduct) Act 1977 (NSW); Police Administration Act 1979 (NT) SUBSTANTIAL