Discussion / Consultation Paper


Discussion Paper 87

The ALRC seeks stakeholder submissions on 23 proposals for reform to the Commonwealth’s corporate criminal law regime, and asks 11 questions on particular areas of reform. The Discussion Paper addresses a number of aspects of corporate criminal liability, including:
• the principled division between criminal offences and civil penalty provisions;
• the method for attributing criminal liability to corporations;
• individual liability for corporate offences;
• deferred prosecution agreements;
• penalties and the sentencing process;
• illegal phoenix activity (deliberate liquidation with the intent to avoid creditors and continue operations through a new entity); and
• the implications of the transnational nature of business and extraterritorial offences.

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Review of the Family Law System: Discussion Paper

This Discussion Paper was released on 2 October 2018.  The Discussion Paper asks 33 questions and makes 124 proposals for change to the family law system, which focus on support for children in the family law system, improving public understanding of the family law system, accessible and coordinated service delivery, and enhanced oversight of the

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Inquiry into Class Action Proceedings and Third-Party Litigation Funders (DP 85)

This Discussion paper was released on 31 May 2018. The Discussion Paper provides 16 proposals and asks 11 questions that focus on the introduction of regulation appropriate for third-party litigation funders and strengthening the role of the Federal Court to further supervise funded class action proceedings.The ALRC invites submissions in response to the proposals, commentary,

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Incarceration Rates of Aboriginal and Torres Strait Islander Peoples (DP 84)

DP 84 was released on 19 July 2017.The Terms of Reference for this Inquiry ask the ALRC to consider laws and legal frameworks that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and Torres Strait Islander people in custody. The ALRC was asked to

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Elder Abuse (DP 83)

This is the second consultation document for the Elder Abuse Inquiry, in which the ALRC has been asked to consider existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or abuse by formal and informal carers, supporters, representatives and others, and to examine the interaction and relationship of these

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Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Interim Report 127)

This is the 2nd consultation document for the ‘Freedoms’ Inquiry. The Terms of Reference list 19 rights, freedoms and privileges to consider.

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Review of the Native Title Act 1993 (DP 82)

The second consultation document in the ALRC’s review of the Native Title Act.

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Equality, Capacity and Disability in Commonwealth Laws (DP 81)

The second consultation document in the ALRC’s Inquiry into Commonwealth laws and legal frameworks that deny or diminish the equal recognition of people with disability before the law, and their ability to exercise legal capacity.

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Easy English: Equality, Capacity and Disability in Commonwealth Laws DP 81

The ALRC is looking at laws that treat people with disability unfairly.This Discussion Paper is written in Easy English. We use simple words and pictures to show ideas.Submissions close on Monday 30 June 2014.Information about making a submission is also available in Easy English and Auslan.The full version of this Discussion Paper is available here: 

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Serious Invasions of Privacy in the Digital Era (DP 80)

This Discussion Paper includes proposals for reform, including for a new Commonwealth Act that would provide for a statutory cause of action for serious invasions of privacy and, in addition, other innovative ways the law might prevent or redress serious invasions of privacy.

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