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.

29.04.2021

Cognitive and Social Biases in Judicial Decision-Making (JI6)

This paper aims to shed light on the psychology behind the traditionally ‘opaque exercise of judging’. First, the paper explains how heuristics, attitudes, and stereotypes may influence (and bias) human decision-making. It then discusses research that has found that judges are likely to be vulnerable to many of the ordinary cognitive and social biases that …

28.04.2021

Ethics, Professional Development, and Accountability (JI5)

This background paper briefly examines the relationship between judicial ethics, professional development, impartiality, and accountability. It then provides a survey of existing ethical infrastructure, professional development standards, and mechanisms to respond to judicial misconduct and incapacity relating to the federal judiciary. This is one in a series of background papers produced by the Australian Law Reform Commission …

16.04.2021

Conceptions of Judicial Impartiality in Theory and Practice (JI4)

This background paper provides an overview of scholarship and commentary on judicial impartiality, summarising the common conceptual understandings of judicial impartiality and the interactions of these conceptions with the practical exercise of judgecraft in Australia. It forms the basis for understanding some of the underlying tensions raised in a series of background papers that explore …

30.03.2021

The Federal Judiciary – the Inquiry in Context (JI3)

This background paper provides an overview of the composition of the federal judiciary; the jurisdiction of the Commonwealth courts; the workload of those courts; and the frequency of complaints against judicial officers (noting that such complaints may not necessarily be in relation to an allegation of impartiality or bias). It also gives a preliminary analysis …

30.03.2021

Recusal and self-disqualification (JI2)

This background paper is focused on the practical matter of how courts manage claims (and the potential for claims) by litigants that the judicial officer deciding their matter is, or might appear to be, biased. This is one in a series of background papers produced by the Australian Law Reform Commission as part of its Review …

14.12.2020

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 …

17.11.2020

ALRC Submission: NT Law Reform Inquiry into the mandatory sentencing and community-based sentencing options

The Australian Law Reform Commission submission to the Northern Territory Law Reform Committee inquiry into the mandatory sentencing and community-based sentencing options.

04.11.2020

Future of Law Reform Update

The ALRC’s Future of Law Reform report of December 2019 suggested five potential topics for future law reform inquiries. In September 2020 the Commonwealth Attorney-General referred to the ALRC one of those suggested inquiry topics, on simplification of corporate and financial services regulation. The Future of Law Reform Update summarises recent feedback on, and developments in, …

31.08.2020

Corporate Criminal Responsibility (ALRC Report 136)

The Australian Law Reform Commission report, Corporate Criminal Responsibility, was tabled in Parliament on 31 August 2020. The ALRC has made 20 recommendations for reform. Download the Summary Report. Download the Final Report. Download the Data Appendices. Download the ALRC Recommendations Summary Brochure The report is available to purchase in book format. Download underlying data utilised …

02.12.2019

The Future of Law Reform: A Suggested Program of Work 2020-25

This report seeks to identify the most pressing areas for law reform in Australia that would be suitable for an inquiry by the Australian Law Reform Commission (ALRC).