The Law on Judicial Bias: A Primer (JI1)
This background paper provides an introductory summary and overview of key aspects of the law on judicial bias as it relates to the Australian federal judiciary. This is one in a series of background papers produced by the Australian Law Reform Commission as part of its Review of Judicial Impartiality. In April 2021, the ALRC will …
Read moreDiscussion 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.
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.
Read moreReview 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 …
Read moreInquiry 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, …
Read moreReview 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 …
Read moreIncarceration 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 …
Read moreElder 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 …
Read moreElder Abuse (IP 47)
This Issues Paper was released on 15 June 2016. Submissions closed on 18 August 2016. Information about the Elder Abuse Inquiry is available in 20 community languages.
Read moreTraditional 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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