17.10.2012

Appendix C: Terms of Reference 2011–12

Impact of Commonwealth Laws on Those Experiencing Family Violence

The 2010 inquiry into family violence by the Australian Law Reform Commission and New South Wales Law Reform Commission (the Commissions) has identified issues beyond its scope relating to the impact of Commonwealth laws (other than the Family Law Act 1975) on those experiencing family/domestic violence. In addition, the 2009 report of the National Council to Reduce Violence against Women and their Children, Time for Action, acknowledges the importance of examining Commonwealth laws that have an impact upon the safety of women and children.

Reference

I refer to the Australian Law Reform Commission for inquiry and report, pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996 (Cth), the issue of the treatment of family/domestic violence in Commonwealth laws, including child support and family assistance law, immigration law, employment law, social security law, superannuation law and privacy provisions in relation to those experiencing family/domestic violence.

I request that the Commission consider what, if any, improvements could be made to relevant legal frameworks to protect the safety of those experiencing family/domestic violence.

Scope of the reference

In undertaking this reference, the ALRC should consider legislative arrangements across the Commonwealth that impact on those experiencing family/domestic violence and sexual assault and whether those arrangements impose barriers to effectively supporting those adversely affected by these types of violence. The ALRC should also consider whether the extent of sharing of information across the Commonwealth and with State and Territory agencies is appropriate to protect the safety of those experiencing family/domestic violence.

In undertaking this reference, the ALRC should be careful not to duplicate:

  • a.the work undertaken in the Commissions’ 2010 family violence inquiry;

  • b.the other actions being progressed as part of the National Plan to Reduce Violence against Women and their Children Immediate Government Actions announced by the former Prime Minister on receiving the National Council’s report in April 2009; and

  • c.the work being undertaken through SCAG on the harmonisation of uniform evidence laws, in particular the development of vulnerable witness protections and recently endorsed principles for the protection of communications between victims of sexual assault and their counsellors.

Collaboration and consultation

In undertaking this reference, the ALRC should:

  • a.have regard to the Commissions’ 2010 family violence inquiry, the National Council’s report and any supporting material in relation to family violence and sexual assault laws;

  • b.work closely with the relevant Australian Government departments to ensure the solutions identified are practically achievable and consistent with other reforms and initiatives being considered in relation to the development of a National Plan to Reduce Violence against Women and their Children or the National Framework for Protecting Australia’s Children.

Timeframe for reporting

The Commission will report no later than 30 November 2011.

Dated: 9 July 2010
Robert McClelland
Attorney-General
 

 

Review of Censorship and Classification

Having regard to:

  • it being twenty years since the Australian Law Reform Commission (ALRC) was last given a reference relating to Censorship and Classification

  • the rapid pace of technological change in media available to, and consumed by, the Australian community

  • the needs of the community in this evolving technological environment

  • the need to improve classification information available to the community and enhance public understanding of the content that is regulated

  • the desirability of a strong content and distribution industry in Australia, and minimising the regulatory burden

  • the impact of media on children and the increased exposure of children to a wider variety of media including television, music and advertising as well as films and computer games

  • the size of the industries that generate potentially classifiable content and potential for growth

  • a communications convergence review, and

  • a statutory review of Schedule 7 of the Broadcasting Services Act 1992 and other sections relevant to the classification of content

I refer to the ALRC for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, matters relating to the extent to which the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act), State and TerritoryEnforcement legislation, Schedules 5 and 7 of the Broadcasting Services Act 1992, and the Intergovernmental Agreement on Censorship and related laws continue to provide an effective framework for the classification of media content in Australia.

Given the likelihood of concurrent Commonwealth reviews covering related matters as outlined above, the Commission will refer relevant issues to those reviews where it would be appropriate to do so. It will likewise accept referral from other reviews that fall within these terms of reference. Such referrals will be agreed between the relevant reviewers.

  • 1.In performing its functions in relation to this reference, the Commission will consider:

  • 1.relevant existing Commonwealth, State and Territory laws and practices

  • 2.classification schemes in other jurisdictions

  • 3.the classification categories contained in the Classification Act, National Classification Code and Classification Guidelines

  • 4.any relevant constitutional issues, and

  • 5.any other related matter.

  • 2.The Commission will identify and consult with relevant stakeholders, including the community and industry, through widespread public consultation. Other stakeholders include the Commonwealth Attorney-General’s Department, the Department of Broadband, Communications and the Digital Economy, the Australian Communications and Media Authority, the Classification Board and Classification Review Board as well as the States and Territories.

  • 3.The Commission is to report by 30 January 2012.

  •  

Robert McClelland
Attorney-General

 

Review into Commonwealth legal barriers to older persons participating in the workforce or other productive work

Having regard to:

  • obstacles faced by older persons in actively participating in the workforce

  • the desirability of reviewing Commonwealth laws to remove limitations on, or disincentives to, participation in the workforce by older persons, and

  • the definition of ‘older persons’ as anyone over the age of 45 years, consistent with the definition of ‘mature age worker’ used by the Australian Bureau of Statistics.

I refer to the Australian Law Reform Commission (ALRC) for inquiry and report, pursuant to s 20(1) of the Australian Law Reform Commission Act 1996 (Cth):

  • the identification of Commonwealth legislation and legal frameworks that contain or create barriers to older persons participating, or continuing to actively participate, in the workforce or in other productive work (paid or unpaid), and

  • the question of what, if any, changes could be made to relevant Commonwealth legislation and legal frameworks to remove such barriers.

Scope of the reference

In undertaking this reference, the ALRC should consider all relevant Commonwealth legislation and related legal frameworks that either directly, or indirectly, impose limitations or barriers that could discourage older persons from participating, or continuing to participate, in the workforce or other productive work, including:

  • a.superannuation law

  • b.family assistance, child support, social security law and relevant government programs

  • c.employment law

  • d.insurance law

  • e.compensation laws, and

  • f.any other relevant Commonwealth legislation exempt under the Age Discrimination Act 2004.

In conducting this inquiry, the ALRC should also have regard to:

  • the work undertaken by the Advisory Panel on the Economic Potential of Senior Australians including its initial, second and final reports

  • the work being undertaken by the Consultative Forum on Mature Age Participation and any recommendations made in the Forum’s interim report and final reports

  • the work to be undertaken during 2012 by Safe Work Australia to investigate options to address age discrimination in workers’ compensation legislation, and

  • the work being undertaken by the Attorney-General’s Department to consolidate Commonwealth anti-discrimination laws into a single Act.

Consultation

In undertaking this reference, the ALRC should identify and consult with relevant stakeholders including relevant Government departments and agencies, the Australian Human Rights Commission, the Consultative Forum on Mature Age Participation, and key non-government stakeholders and peak employer and employee bodies.

Timeframe for reporting

The ALRC will commence this reference no later than 31 March 2012, and will report no later than 31 March 2013.

Nicola Roxon
Attorney-General

 

Copyright and the Digital Economy

Having regard to:

  • the objective of copyright law in providing an incentive to create and disseminate original copyright materials;

  • the general interest of Australians to access, use and interact with content in the advancement of education, research and culture;

  • the importance of the digital economy and the opportunities for innovation leading to national economic and cultural development created by the emergence of new digital technologies; and

  • Australia’s international obligations, international developments and previous copyright reviews.

I refer to the ALRC for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996 the matter of whether the exceptions and statutory licences in the Copyright Act 1968, are adequate and appropriate in the digital environment.

Amongst other things, the ALRC is to consider whether existing exceptions are appropriate and whether further exceptions should:

  • recognise fair use of copyright material;

  • allow transformative, innovative and collaborative use of copyright materials to create and deliver new products and services of public benefit; and

  • allow appropriate access, use, interaction and production of copyright material online for social, private or domestic purposes.

Scope of Reference

In undertaking this reference, the Commission should:

  • take into account the impact of any proposed legislative solutions on other areas of law and their consistency with Australia’s international obligations;

  • take into account recommendations from related reviews, in particular the Government’s Convergence Review; and

  • not duplicate work being undertaken on: unauthorised distribution of copyright materials using peer to peer networks; the scope of the safe harbour scheme for ISPs; a review of exceptions in relation to technological protection measures; and increased access to copyright works for persons with a print disability.

Timeframe

The Commission is to report no later than 30 November 2013.

 

Nicola Roxon
Attorney-General