29.09.2017
The following provides an overview of activity in relation to the implementation of ALRC reports during 2016–17.
An overview of the implementation status of all ALRC reports is available on the ALRC website.
For Your Information: Australian Privacy Law and Practice (ALRC Report 108, 2008)
On 13 February 2017, the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) was enacted. It implements Recommendation 51–1. Entities are required to notify affected individuals and the Office of the Australian Information Commissioner of data breaches likely to result in serious harm.
Family Violence—A National Legal Response (ALRC Report 114, 2010)
On 18 August 2016, the first stage of the National Domestic and Family Violence Bench Book was released. The final stage was completed and released in May 2017. This implements Recommendation 31–2 of the Report.
Copyright and the Digital Economy (ALRC Report 122, 2014)
On 15 June 2017, the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth) was enacted. It introduced a number of amendments, including the following which are consistent with ALRC recommendations. The Act introduces a fair dealing exception for persons with a disability and others acting on their behalf. The statutory license regime applying to libraries, archives and key cultural institutions dealing with copyright material, as well as the regime applicable to educational institutions, have been modernised and simplified.
Equality, Capacity and Disability in Commonwealth Laws (ALRCReport 124, 2014)
In August 2016, the Australian Guardianship and Administration Council published the 3rd edition of the National Standards of Public Guardianship. These standards draw on the national decision-making principles developed by the ALRC.
On 22 February 2017, the Crimes (Mental Impairment and Unfitness to be Tried) Amendment Act 2016 (Vic) was passed. Consistent with ALRC recommendations relating to reforming the test relating to eligibility to stand trial (Recommendation 7–1). It clarifies the definition of ‘mental impairment’ to ensure it includes mental illness and cognitive impairment.