Publications

The ALRC produces a range of publications including:

  • Inquiry Reports,
  • Consultation Papers and Discussion Papers,
  • Newsletters,
  • Analysis Papers, 
  • Handy Explanatory Notes, and
  • ALRC Brief.

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.

12.08.2015

Submission to Senate Inquiry into Remedies for the Serious Invasion of Privacy in NSW

Committee ChairThe Hon Natasha Maclaren-Jones MLCNSW Legislative Council Standing Committee on Law and JusticeParliament HouseMacquarie Street12 August 2015Dear Ms Maclaren-Jones,Submission to Inquiry into Remedies for the Serious Invasion of Privacy in New South WalesThe Australian Law Reform Commission (ALRC) welcomes the opportunity to make a submission to this Inquiry into remedies for the serious invasion

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03.08.2015

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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31.07.2015

The common law and private property

7.1          The common law has long regarded a person’s property rights as fundamental. William Blackstone said in 1773: ‘There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property’.[1] In the national consultation on ‘Rights and Responsibilities’, conducted by the Australian Human Rights Commission (AHRC) in

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31.07.2015

Definitions of property

What is ‘property’?7.11       The idea of property is multi-faceted. The term ‘property’ is used in common and some legal parlance to describe types of property that is both real and personal. ‘Real’ property encompasses interests in land and fixtures or structures upon the land. ‘Personal’ property encompasses tangible or ‘corporeal’ things—chattels or goods. It also

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31.07.2015

Protections from statutory encroachment

7.31       Property rights find protection in the Australian Constitution, through the principle of legality at common law, and, to some extent, in international law.Australian Constitution 7.32       The Constitution protects property from one type of interference: acquisitions by the Commonwealth other than ‘on just terms’. Section 51(xxxi) of the Constitution provides that the Commonwealth Parliament may

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31.07.2015

Relevant statutory provisions

7.58       A wide range of Commonwealth laws may be seen as interfering with property rights. Some apply to personal property, some to real property, and some to both. Grouped into areas, provisions affecting personal property will be considered under the following headings: banking laws;taxation;personal property securities;intellectual property laws;criminal laws.7.59       These laws are summarised below. Some

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31.07.2015

Justifications for interferences

7.136   The most general justification for laws that interfere with vested property interests is that the interference is necessary and in the public interest.7.137   Protocol 1, Article 1 of the European Convention provides: Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions

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31.07.2015

Conclusions

7.145   A number of Commonwealth laws may be seen as interfering with vested personal property rights. 7.146   In the constitutional context, the central issue is whether the particular interference by Commonwealth laws amounts to an ‘acquisition’ by the Commonwealth other than on just terms under s 51(xxxi) of the Constitution, which may lead to the

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04.06.2015

Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126)

This Report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The Report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

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03.06.2015

Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC 126 Summary)

This Summary Report provides an accessible overview of the policy framework and recommendations in the final Report, Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126), tabled on 4 June 2015.This publication is available for purchase in book format.

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