Appendix C: Terms of Reference 2012–13

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

 

Serious Invasions of Privacy in the Digital Era

I, Mark Dreyfus QC MP, Attorney-General of Australia, having regard to:

  • the extent and application of existing privacy statutes

  • the rapid growth in capabilities and use of information, surveillance and communication technologies

  • community perceptions of privacy

  • relevant international standards and the desirability of consistency in laws affecting national and transnational dataflows.

REFER to the Australian Law Reform Commission for inquiry and report, pursuant to s20(1) of the Australian Law Reform Commission Act 1996, the issue of prevention of and remedies for serious invasions of privacy in the digital era.

Scope of the reference

The ALRC should make recommendations regarding:

  1. Innovative ways in which law may reduce serious invasions of privacy in the digital era.

  2. The necessity of balancing the value of privacy with other fundamental values including freedom of expression and open justice.

  3. The detailed legal design of a statutory cause of action for serious invasions of privacy, including not limited to:

    1. legal thresholds

    2. the effect of the implied freedom of political communication

    3. jurisdiction

    4. fault elements

    5. proof of damages

    6. defences

    7. exemptions

    8. whether there should be a maximum award of damages

    9. whether there should be a limited period

    10. whether the cause of action should be restricted to natural and living persons

    11. whether any common law causes of action should be abolished

    12. access to justice

    13. the availability of other court ordered remedies.

  4. The nature and appropriateness of any other legal remedies for redress for serious invasions of privacy.

The Commission should take into account the For Your Information ALRC Report (2008), relevant New South Wales and Victorian Law Reform Commission privacy reports, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and relevant Commonwealth, State, Territory legislation, international law and case law.

Consultation

In undertaking this reference, the Commission will identify and consult relevant stakeholders including the Office of the Australian Information Commissioner, and relevant State and Territory bodies.

Timeframe

The ALRC will provide its final report to the Attorney-General by June 2014.

Dated: 12 June 2013

Mark Dreyfus

Attorney-General