19.10.2010
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 Australia |
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] |
PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION (See Appendix F) |
| 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. FURTHER PROPOSALS UNDER CONSIDERATION |
| 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 1982 |
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) |
SUBSTANTIAL (See Appendix F) |
| ALRC 75 | Costs Shifting—Who Pays for Litigation | 25 Oct 1995 | Migration Litigation Reform Act 2005 (Cth) |
PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION |
| 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 |
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) |
PARTIAL |
| 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 |
SUBSTANTIAL |
| 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 Attorney |
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) |
SUBSTANTIAL |
| 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) |
SUBSTANTIAL |
| 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 |