Appendix G: Implementation status of ALRC reports

Table 12: Implementation status of ALRC reports
 

Report

Title

Tabling date

Implementation brief

Degree of Implementation

ALRC 118

Classification—Content Regulation and Convergent Media

1 Mar 2012

 

UNDER CONSIDERATION

ALRC 117

Family Violence and Commonwealth Laws—Improving Legal Frameworks

7 Feb 2012

 

UNDER CONSIDERATION

ALRC 115

Managing Discovery: Discovery of Documents in Federal Courts

25 May 2011

Federal Court Rules 2011 (Cth); Federal Court Practice Notes CM 5 and 6

PARTIAL

ALRC 114

Family Violence: A National Legal Response

11 Nov 2010

Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth)

PARTIAL

ALRC 112

Secrecy Laws and Open Government in Australia

11 Mar 2010

 

UNDER CONSIDERATION

ALRC 111

Making Inquiries: A New Statutory Framework

10 Feb 2010

 

UNDER CONSIDERATION

ALRC 108

For Your Information: Australian Privacy Law and Practice

11 Aug 2008

Healthcare Identifiers Act 2010 (Cth); Combating the Financing of People Smuggling and Other Measures Act 2011(Cth); Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Cth)

PARTIAL

ALRC 107

Privilege in Perspective

13 Feb 2008

 

UNDER CONSIDERATION

ALRC 104

Fighting Words: A Review of Sedition Laws in Australia

24 Nov 2010

National Security Legislation Amendment Act 2010 (Cth)

PARTIAL

ALRC 103

Same Crime, Same Time: Sentencing of Federal Offenders

22 Jun 2006

Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth); federal sentencing database

PARTIAL

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); Evidence Act 2011(ACT); Evidence (National Uniform Legislation) Act 2011 (NT)

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); Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth)

SUBSTANTIAL

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

ALRC 95

Principled Regulation: Federal Civil and Administrative Penalties in Australia

19 Mar 2003

A Guide To Framing Commonwealth Offences, Civil Penalties And Enforcement Powers (2004)

PARTIAL

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

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

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

ALRC 87

Confiscation that Counts: A Review of the Proceeds of Crime Act 1987

15 Jun 1999

Proceeds of Crime Act 2002 (Cth)

SUBSTANTIAL

ALRC 85

Australia’s Federal Record: A Review of Archives Act 1983

 

2 Jul 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 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

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 Jun 1995

Family Law Reform Act 1995 (Cth)

SUBSTANTIAL

ALRC 72

The Coming of Age: New Aged Care Legislation for the Commonwealth

8 Mar 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 1994

 

21 Dec 1994

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 Mar 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

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 Apr 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 Apr 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 Mar 1988

Interim report—see ALRC 44

PARTIAL

ALRC 42

Occupiers’ Liability

13 Apr 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 Act 1991 (Cth)

SUBSTANTIAL

ALRC 39

Matrimonial Property

16 Sep 1987

Family Law Reform Act 1995 (Cth)

SUBSTANTIAL

ALRC 38

Evidence

5 Jun 1987

Evidence Act 1995 (Cth); Evidence Act 1995 (NSW)

SUBSTANTIAL

ALRC 37

Spent Convictions

3 Jun 1987

Crimes Legislation Amendment Act 1989 (Cth); Human Rights and Equal Opportunity Commission Regulations (Cth)

SUBSTANTIAL

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 Jun 1987

Family Law Amendment Act 1989 (Cth)

PARTIAL

ALRC 33

Civil Admiralty Jurisdiction

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 Jun 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 Mar 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 Apr 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 Jun 1979

 

NIL

ALRC 9

Complaints against Police (Supplementary Report)

9 Jun 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