03.11.2014
Table 12: Implementation status of ALRC reports 2013–14
Report | Title | Tabling date | Implementation brief | Implementation status |
ALRC 122 | Copyright and the Digital Economy | 13 February 2014 |
| UNDER CONSIDERATION |
ALRC 120 | Access All Ages—Older Workers and Commonwealth Laws | 30 May 2013 | Fair Work Amendment Act 2013 (Cth) | PARTIAL |
ALRC 118 | Classification—Content Regulation and Convergent Media | 1 March 2012 |
| UNDER CONSIDERATION |
ALRC 117 | 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 |
ALRC 115 | Managing Discovery: Discovery of Documents in Federal Courts | 25 May 2011 | Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth); Federal Court Rules 2011 (Cth); Federal Court Practice Notes CM 5 and 6 | SUBSTANTIAL |
ALRC 114 | Family Violence: A National Legal Response | 11 November 2010 | Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) | PARTIAL |
ALRC 112 | Secrecy Laws and Open Government in Australia | 11 March 2010 |
| AWAITING RESPONSE |
ALRC 111 | Making Inquiries: A New Statutory Framework | 10 February 2010 |
| AWAITING RESPONSE |
ALRC 108 | For Your Information: Australian Privacy Law and Practice | 11 August 2008 | Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth); Combating the Financing of People Smuggling and Other Measures Act 2011 (Cth); Healthcare Identifiers Act 2010 (Cth) | SUBSTANTIAL |
ALRC 107 | Privilege in Perspective | 13 February 2008 |
| NIL |
ALRC 104 | Fighting Words: A Review of Sedition Laws in Australia | 13 December 2006 | National Security Legislation Amendment Act 2010 (Cth) | PARTIAL |
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 database | PARTIAL |
ALRC 102 | Uniform Evidence Law | 8 February 2006 | Evidence Act 2011 (ACT); Evidence (National Uniform Legislation) Act 2011 (NT); Evidence Amendment Act 2008 (Cth); Evidence Act 2008 (Vic); Statutes Amendment (Evidence and Procedure) Act 2008 (SA); Evidence Amendment (Journalists’ Privilege) Act 2007 (Cth); Evidence Amendment Act 2007 (NSW) | SUBSTANTIAL |
ALRC 99 | Genes and Ingenuity: Gene Patenting and Human Health | 31 August 2004 | Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth); House of Representatives Standing Committee on Legal and Constitutional Affairs, Review of Technological Protection Measures Exceptions (2006) | SUBSTANTIAL |
ALRC 98 | 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 |
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); National Health and Medical Research Council Guidelines on the provision of genetic information to relatives (2009); 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) | SUBSTANTIAL |
ALRC 95 | 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 |
ALRC 92 | 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 |
ALRC 91 | Review of the Marine Insurance Act 1909 | 22 May 2001 | Financial Services Reform (Consequential Provisions) Act 2001 (Cth) | PARTIAL |
ALRC 89 | Managing Justice: A Review of the Federal Civil Justice System
| 17 February 2000 | Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 (Cth); Federal Justice System Amendment (Efficiency Measures) Act (No 1) 2009 (Cth); Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth); 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) | SUBSTANTIAL |
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 the Archives Act 1983
| 2 July 1998 | Archives Amendment Act 2008 (Cth); Census Information Legislation Amendment Act 2000 (Cth); E-Permanence Strategy | PARTIAL |
ALRC 84 | 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 |
ALRC 82 | 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 |
ALRC 80 | 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 |
ALRC 79 | Making Rights Count: Services for People with a Disability | 10 October 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 January 1996 | Australian Information Commissioner Act 2010 (Cth); Freedom of Information Amendment (Reform) Act 2010 (Cth); Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 (Cth) | SUBSTANTIAL |
ALRC 75 | Costs Shifting—Who Pays for Litigation | 25 October 1995 | Migration Litigation Reform Act 2005 (Cth) | PARTIAL |
ALRC 74 | Designs | 31 August 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 November 1994 | Child Care Legislation Amendment Act 1998 (Cth); Child Care Legislation Amendment Act 1998 (Cth) | PARTIAL |
ALRC 69 | 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 |
ALRC 68 | Compliance with the Trade Practices Act 1974 | 29 June 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 September 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 | Crimes Amendment (Children’s Evidence) Act 1996 (NSW); Evidence (Closed-Circuit Television) (Amendment) Act 1994 (ACT) | SUBSTANTIAL |
ALRC 61 | Administrative Penalties in Customs and Excise | 9 September 1992 |
| NIL |
ALRC 60 | Customs and Excise | 7 May 1992 | Customs Amendment Act (No 1) 1997 (Cth); Customs Excise and Bounty Amendment Act 1995 (Cth) | PARTIAL |
ALRC 59 | Collective Investments: Superannuation | 28 April 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 1994 (WA); Choice of Law (Limitation Periods) Act 1994 (NT); Choice of Law (Limitation Periods) Act 1993 (NSW); Choice of Law (Limitation Periods) Act 1993 (Vic) | 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 September 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 December 1989 | Guardianship and Management of Property Act 1991 (ACT) | SUBSTANTIAL |
ALRC 51 | Product Liability | 15 August 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 November 1989 | National Health and Medical Research Council Guidelines on the provision of information to patients | PARTIAL |
ALRC 48 | Criminal Admiralty Jurisdiction and Prize | 27 November 1990 | Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth); Crimes Legislation Amendment Act 1992 (Cth); Crimes (Ships and Platforms) Act 1992 (Cth) | SUBSTANTIAL |
ALRC 47 | Community Law Reform for the ACT: 3rd Report—Enduring Powers of Attorney | 6 April 1989 | Property Law Amendment Act 1990 (Qld); Powers of Attorney (Amendment) Act 1989 (ACT) | SUBSTANTIAL |
ALRC 46 | Grouped Proceedings in the Federal Court | 13 December 1988 | Federal Court (Amendment) Act 1991 (Cth) | SUBSTANTIAL |
ALRC 45 | 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 |
ALRC 44 | Sentencing | 25 August 1988 | Periodic Detention Act 1995 (ACT); Crimes Legislation Act (No 2) 1993 (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 December 1987 | Service and Execution of Process Act 1992 (Cth); Service and Execution of Process Act 1991 (Cth) | SUBSTANTIAL |
ALRC 39 | Matrimonial Property | 16 September 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) | SUBSTANTIAL |
ALRC 36 | 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 |
ALRC 35 | Contempt | 3 June 1987 | Family Law Amendment Act 1989 (Cth) | PARTIAL |
ALRC 33 | Civil Admiralty Jurisdiction | 2 December 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 October 1986 | Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991 (ACT) | SUBSTANTIAL |
ALRC 31 | The Recognition of Aboriginal Customary Laws | 12 June 1986 | Evidence Act 1995 (Cth);Crimes and Other Legislation Amendment Act 1994 (Cth); Native Title Act 1993 (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 | 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 November 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 November 1985 | See ALRC 78 | NIL |
ALRC 26 (Interim) | Evidence | 21 August 1985 | See ALRC 38 | SUBSTANTIAL |
ALRC 24 | Foreign State Immunity | 10 October 1984 | Foreign States Immunities Act 1985 (Cth) | SUBSTANTIAL |
ALRC 22 | Privacy | 14 December 1983 | Privacy Act 1988 (Cth); Telecommunications (Interception) Amendment Act 1987 (Cth) | SUBSTANTIAL |
ALRC 20 | Insurance Contracts | 16 December 1982 | Insurance Contracts Act 1984 (Cth) | SUBSTANTIAL |
ALRC 18 | Child Welfare | 12 November 1981 | Children’s Services Act 1988 (ACT) | SUBSTANTIAL |
ALRC 16 | Insurance Agents and Brokers | 11 September 1980 | Insurance (Agents and Brokers) Act 1984 (Cth) | SUBSTANTIAL |
ALRC 15 (Interim) | Sentencing of Federal Offenders | 21 May 1980 | Criminal Injuries Compensation Act 1983 (ACT); Crimes Amendment Act 1982 (Cth); Crimes Compensation Act 1982 (NT); 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 November 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 September 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 November 1977 | Bankruptcy Amendment Act 1996 (Cth); Bankruptcy Amendment Act 1980 (Cth) | SUBSTANTIAL |
ALRC 4 | Alcohol, Drugs and Driving | 23 September 1976 | Motor Traffic (Alcohol and Drugs) Act 1977 (ACT) | SUBSTANTIAL |
ALRC 2 | Criminal Investigation | 8 November 1975 | Crimes Amendment (Forensic Procedures) Act 1998 (Cth); Crimes (Investigation of Commonwealth Offences) Act 1991 (Cth); Defence Force (Discipline) Act 1984 (Cth) See also Police Administration Act 1978 (NT) | SUBSTANTIAL |
ALRC 1 | Complaints against Police | 7 August 1975 | Complaints (Australian Federal Police) Act 1981 (Cth). See also Police Administration Act 1978 (NT); Police (Allegations of Misconduct) Act 1977 (NSW) | SUBSTANTIAL |