Appendix G: Implementation status of ALRC reports

Access All Ages—Older Workers and Commonwealth Laws

30 May 2013

Fair Work Amendment Act 2013 (Cth)

PARTIAL

Classification—Content Regulation and Convergent Media

1 March 2012

UNDER CONSIDERATION

Family Violence and Commonwealth Laws—Improving Legal Frameworks

7 February 2012

Fair Work Amendment Act 2013 (Cth); Guide to Social Security Law; Migration Legislation Amendment Regulation 2012 (No. 5) (Cth)

PARTIAL

Managing Discovery: Discovery of Documents in Federal Courts

25 May 2011

Federal Court Rules 2011 (Cth); Federal Court Practice Notes CM 5 and 6; Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth)

SUBSTANTIAL

Family Violence: A National Legal Response

11 November 2010

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

PARTIAL

Secrecy Laws and Open Government in Australia

11 March 2010

UNDER CONSIDERATION

Making Inquiries: A New Statutory Framework

10 February 2010

UNDER CONSIDERATION

For Your Information: Australian Privacy Law and Practice

11 August 2008

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

SUBSTANTIAL

Privilege in Perspective

13 February 2008

UNDER CONSIDERATION

Fighting Words: A Review of Sedition Laws in Australia

13 December 2006

National Security Legislation Amendment Act 2010 (Cth)

PARTIAL

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 database

PARTIAL

Uniform Evidence Law

8 February 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

Genes and Ingenuity: Gene Patenting and Human Health

31 August 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

Keeping Secrets: The Protection of Classified and Security Sensitive Information

23 June 2004

National Security Information Legislation Amendment Act 2005 (Cth); National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth)

SUBSTANTIAL

Essentially Yours: The Protection of Human Genetic Information in Australia

29 May 2003

Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth); 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); Crimes Legislation Enhancement Act 2003 (Cth); National Health and Medical Research Council Guidelines on the provision of genetic information to relatives (2009)

SUBSTANTIAL

Principled Regulation: Federal Civil and Administrative Penalties in Australia

19 March 2003

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

PARTIAL

The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903

2 October 2001

Family Law Amendment Act 2005 (Cth); High Court Rules 2004; Jurisdiction of Courts Legislation Amendment Act 2002 (Cth); Supreme Court Amendment Act 2001 (ACT)

PARTIAL

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

Managing Justice: A Review of the Federal Civil Justice System

17 February 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); 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); Federal Justice System Amendment (Efficiency Measures) Act (No 1) 2009 (Cth) (assessors); Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth)

SUBSTANTIAL

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

15 June 1999

Proceeds of Crime Act 2002 (Cth)

SUBSTANTIAL

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

2 July 1998

Archives Amendment Act 2008 (Cth); Census Information Legislation Amendment Act 2000 (Cth); E-Permanence Strategy

PARTIAL

Seen and Heard: Priority for Children in the Legal Process

19 November 1997

Evidence Amendment Act 2008 (Cth); Measures to Combat Serious and Organised Crime Act 2001 (Cth); 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

Integrity: But Not by Trust Alone

10 December 1996

Law Enforcement Integrity Commissioner Act 2006 (Cth); Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 (Cth)

SUBSTANTIAL

Legal Risk in International Transactions

8 October 1996

Cross Border Insolvency Act 2008 (Cth); Electronic Transactions Act 2000 (Cth)—complementary legislation in all states and territories.

PARTIAL

Making Rights Count: Services for People with a Disability

10 October 1996

Disability Services Amendment (Improved Quality Assurance) Act 2002 (Cth)

PARTIAL

Beyond the Door Keeper: Standing to Sue for Public Remedies

30 May 1996

NIL

Open Government: A Review of the Federal Freedom of Information Act 1982

24 January 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

Costs Shifting—Who Pays for Litigation

25 October 1995

Migration Litigation Reform Act 2005 (Cth)

PARTIAL

Designs

31 August 1995

Designs Act 2003 (Cth)

SUBSTANTIAL

For the Sake of the Kids: Complex Contact Cases and the Family Court

20 June 1995

Family Law Reform Act 1995 (Cth)

SUBSTANTIAL

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

8 March 1995

Aged Care Act 1997 (Cth)

SUBSTANTIAL

Child Care for Kids

8 November 1994

Child Care Legislation Amendment Act 1998 (Cth); Child Care Legislation Amendment Act 1998 (Cth)

PARTIAL

Equality Before the Law:

Part I: Justice for Women

Part II: Women’s Equality

25 July 1994

21 December 1994

Sex Discrimination Amendment Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Domestic Violence Act 1995 (Norfolk Is)

SUBSTANTIAL

Compliance with the Trade Practices Act 1974

29 June 1994

Trade Practices Amendment (No 1) Act 2001 (Cth)

PARTIAL

Equality Before the Law: Women’s Access to the Legal System

3 March 1994

see ALRC 69

SUBSTANTIAL

Collective Investments: Other People’s Money

30 September 1993

Managed Investments Act 1998 (Cth)

SUBSTANTIAL

Personal Property Securities

27 May 1993

Personal Property Securities Act 2009 (Cth)

SUBSTANTIAL

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

Administrative Penalties in Customs and Excise

9 September 1992

NIL

Customs and Excise

7 May 1992

Customs Amendment Act (No 1) 1997 (Cth); Customs Excise and Bounty Amendment Act 1995 (Cth)

PARTIAL

Collective Investments: Superannuation

28 April 1992

Superannuation Industry (Supervision) Act 1993 (Cth); Superannuation Resolution of Complaints Act 1993 (Cth)

SUBSTANTIAL

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

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

Censorship Procedure

11 September 1991

Classification (Publications, Films and Computer Games) Act 1995 (Cth)—complementary legislation in each state and territory

SUBSTANTIAL

Guardianship and Management of Property

20 December 1989

Guardianship and Management of Property Act 1991 (ACT)

SUBSTANTIAL

Product Liability

15 August 1989

Alternative option implemented by Trade Practices Amendment Act 1992 (Cth)

NIL

Community Law Reform for the ACT: 4th Report—Informed Decision-Making in Medical Procedures

21 November 1989

National Health and Medical Research Council Guidelines on the provision of information to patients

PARTIAL

Criminal Admiralty Jurisdiction and Prize

27 November 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

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

Grouped Proceedings in the Federal Court

13 December 1988

Federal Court (Amendment) Act 1991 (Cth)

SUBSTANTIAL

General Insolvency Inquiry

13 December 1988

Bankruptcy Legislation Amendment Act 1996 (Cth); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth); Corporate Law Reform Act 1992 (Cth)

SUBSTANTIAL

Sentencing

25 August 1988

Crimes Legislation Act (No 2) 1993 (ACT); Periodic Detention Act 1995 (ACT); Crimes Legislation Amendment Act (No 2) 1989 (Cth)

PARTIAL

The Commonwealth Prisoners Act

24 March 1988

Interim report—see ALRC 44

PARTIAL

Occupiers’ Liability

13 April 1988

Law Reform (Miscellaneous Provisions) (Amendment) Act 1991 (ACT)

SUBSTANTIAL

Service and Execution of Process

9 December 1987

Service and Execution of Process Act 1992 (Cth); Service and Execution of Process Act 1991 (Cth)

SUBSTANTIAL

Matrimonial Property

16 September 1987

Family Law Reform Act 1995 (Cth)

SUBSTANTIAL

Evidence

5 June 1987

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

SUBSTANTIAL

Spent Convictions

3 June 1987

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

SUBSTANTIAL

Debt Recovery and Insolvency

21 October 1987

Bankruptcy Legislation Amendment Act 1996 (Cth); Magistrates Court (Enforcement of Judgments) Act 1994 (ACT); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth)

SUBSTANTIAL

Contempt

3 June 1987

Family Law Amendment Act 1989 (Cth)

PARTIAL

Civil Admiralty Jurisdiction

2 December 1986

Admiralty Act 1988 (Cth)

SUBSTANTIAL

Community Law Reform for the ACT: 2nd Report—Loss of Consortium and Compensation for Loss of Capacity to do Housework

23 October 1986

Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991 (ACT)

SUBSTANTIAL

The Recognition of Aboriginal Customary Laws

12 June 1986

Crimes and Other Legislation Amendment Act 1994 (Cth); Evidence Act 1995 (Cth); Safety and Rehabilitation and Compensation Act 1988 (Cth) s 4; 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)

PARTIAL

Domestic Violence

20 March 1986

Domestic Violence Amendment Act 1991 (ACT); Domestic Violence Act 1986 (ACT)

SUBSTANTIAL

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 November 1985

Law Reform (Miscellaneous Provisions) (Amendment) Act 1991 (ACT); Compensation (Fatal Injuries) (Amendment) Act 1991 (ACT)

SUBSTANTIAL

Standing in Public Interest Litigation

29 November 1985

See ALRC 78

NIL

Evidence

21 August 1985

See ALRC 38

SUBSTANTIAL

Foreign State Immunity

10 October 1984

Foreign States Immunities Act 1985 (Cth)

SUBSTANTIAL

Privacy

14 December 1983

Privacy Act 1988 (Cth); Telecommunications (Interception) Amendment Act 1987 (Cth)

SUBSTANTIAL

Insurance Contracts

16 December 1982

Insurance Contracts Act 1984 (Cth)

SUBSTANTIAL

Child Welfare

12 November 1981

Children’s Services Act 1988 (ACT)

SUBSTANTIAL

Insurance Agents and Brokers

11 September 1980

Insurance (Agents and Brokers) Act 1984 (Cth)

SUBSTANTIAL

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

Lands Acquisition and Compensation

22 April 1980

Lands Acquisition Act 1989 (Cth); Lands Acquisition Act 1978 (NT)

SUBSTANTIAL

Privacy and the Census

15 November 1979

Census and Statistics Amendment Act 1981 (Cth)

SUBSTANTIAL

Unfair Publication: Defamation and Privacy

7 June 1979

NIL

Complaints against Police (Supplementary Report)

9 June 1978

See ALRC 1

SUBSTANTIAL

Human Tissue Transplants

21 September 1977

Transplantation and Anatomy Act 1978 (ACT); legislation based on the rReport has been enacted in all states and territories

SUBSTANTIAL

Insolvency: The Regular Payment of Debts

4 November 1977

Bankruptcy Amendment Act 1996 (Cth); Bankruptcy Amendment Act 1980 (Cth)

SUBSTANTIAL

Alcohol, Drugs and Driving

23 September 1976

Motor Traffic (Alcohol and Drugs) Act 1977 (ACT)

SUBSTANTIAL

Criminal Investigation

8 November 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

Complaints against Police

7 August 1975

Complaints (Australian Federal Police) Act 1981 (Cth). See also Police (Allegations of Misconduct) Act 1977 (NSW); Police Administration Act 1979 (NT)

SUBSTANTIAL