Publications

The ALRC produces a range of publications including:

Inquiry Reports,
Consultation Documentation,
Information sheets, and
Reform Journal

The ALRC is committed to improving public access to its work and all past reports and recent consultation papers are available for free viewing and download via this website.

Some publications are available in book format for purchase.

25.06.2010

Secrecy Laws and Open Government -Terms of Reference

I, ROBERT McCLELLAND, Attorney-General of Australia, having regard to: the desirability of having comprehensive, consistent and workable laws and practices in relation to the protection of Commonwealth information; the increased need to share such information within and between governments and with the private sector; the importance of balancing the need to protect Commonwealth information and …

21.06.2010

Family Violence—Improving Legal Frameworks (ALRC CPS 1)

This document is a summary of the much larger Consultation Paper (ALRC CP1) and is intended to enable more immediate access to the questions and proposals contained in the Consultation Paper. The two documents were released simultaneously, on 29 April 2010.

15.06.2010

Introduction

2.1 In this Inquiry the ALRC has been asked to have regard to the importance of balancing the public interest in an open and accountable system of government with the need to protect Commonwealth information. The challenge then is to identify the proper place for secrecy provisions in the context of open government.2.2 The concept …

15.06.2010

From secrecy to open government

Secrecy and government2.4 The secrecy of government information has a long history. As Professor Enid Campbell has explained, the notion that the activities of government should be secret goes back to a period when monarchs were motivated by a desire to protect themselves against their rivals and official information was considered the property of the …

15.06.2010

Current trends in open government

FOI reforms2.21 At the time of writing, the FOI Act is the subject of a proposed reform package based on a commitment by the Australian Government to ‘undertake the most significant overhaul of the FOI Act since its inception in 1982’.[30] The package includes the Freedom of Information (Removal of Conclusive Certificates and Other Measures) …

15.06.2010

Freedom of expression

2.37 While open government is central to this Inquiry, another key principle of relevance is freedom of expression. This section of the chapter considers the international and domestic laws that protect this freedom, including the ICCPR and rights enacted in domestic law. It goes on to discuss the relationship between secrecy provisions and freedom of …

15.06.2010

Balancing secrecy, freedom of expression and open government

2.80 The challenge for the ALRC in this Inquiry is to strike the right balance between the public interest in open and accountable government and the public interest in maintaining the confidentiality of some government information. The goal, then, is to identify the proper place, if any, for secrecy provisions in the context of a …

03.05.2010

ALRC submission to inquiry into the provisions of the National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010

Submission to the Senate Standing Committee on Legal and Constitutional Affairs, 3 May 2010The Australian Law Reform Commission (ALRC) welcomes the opportunity to contribute to the Committee’s inquiry. The ALRC will restrict its comments to the National Security Legislation Amendment Bill 2010 (Cth), drawing on its experience from the major inquiry into sedition laws in …

15.04.2010

ALRC Submission to the Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth)

The Australian Law Reform Commission (ALRC) makes the following submission to the Senate Standing Committee of Privileges Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth) (the Bill), on 15 April 2010In making this submission, the ALRC draws on its experience from its inquiry into secrecy laws which culminated in the …

14.04.2010

Inquiry into the Tax Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth)

The Australian Law Reform Commission (ALRC) makes the following submission to the Senate Standing Committee of Privileges Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth) (the Bill). In making this submission, the ALRC draws on its experience from its inquiry into secrecy laws which culminated in the final report—Secrecy Laws …