Publications

Consultation Documentation

15.11.2019

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.

15.05.2019

Thinking big: The Australian Constitution as a law reform project

As part of the ALRC’s Where next for law reform? project the ALRC is encouraging Australians to think big. Arguably the most significant law reform initiative would be to revise the constitution. We have prepared a short paper to start the conversation.

02.10.2018

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 …

23.05.2018

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, …

13.03.2018

Review of the Family Law System—Issues Paper (IP 48)

This Issues Paper was released on 14 March 2018. The ALRC invites submissions in response to the commentary, analysis and questions in the Issues Paper. If your submission contains information about a court proceeding, including a proceeding under the Family Law Act 1975, you should carefully consider the terms of any order made by a court …

19.07.2017

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 …

11.12.2016

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 …

14.06.2016