Supported and substituted decision-making
2.51 There is an important distinction between ‘substituted’ and ‘supported’ decision-making. It is the key issue in the discussion surrounding the meaning and effect of art 12 of the CRPD.2.52 Decision-making supports and arrangements for persons with disability take many forms along a spectrum, including: informal arrangements—usually involving family members, friends or other supporters; formal …
Publications
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Review of equal recognition before the law and legal capacity for people with disability I, Mark Dreyfus QC MP, Attorney-General of Australia, having regard to: the United Nations Convention on the Rights of Persons with Disabilities, to which Australia is a party and which sets out: o rights for people with disability to recognition before …
Publications
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Review of Commonwealth Laws for Consistency with Traditional Rights, Freedoms and PrivilegesI, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to the rights, freedoms and privileges recognised by the common law,REFER to the Australian Law Reform Commission (ALRC) for inquiry and report pursuant to section 20(1) of the Australian Law Reform Commission …
Inquiries
Read moreCause of action limited to natural persons
Proposal 9–2 The new Act should provide that the new tort be limited to natural persons. 9.33 The ALRC proposes that the statutory cause of action for serious invasion of privacy be limited to natural persons.[28] This means that corporations, government agencies or other organisations[29] would not have standing to sue for invasions of privacy. …
Publications
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Proposal 9–1 Federal, state and territory courts should have jurisdiction to hear an action for serious invasion of privacy under the new Act. Question 9–1 If state and territory tribunals should also have jurisdiction, which tribunals would be appropriate and why? 9.5 The Terms of Reference require the ALRC to make recommendations concerning jurisdiction and …
Publications
Read moreFault—intentional or reckless
Proposal 5–2 Second element of action: The new tort should be confined to intentional or reckless invasions of privacy. It should not extend to negligent invasions of privacy, and should not attract strict liability. 5.59 The ALRC proposes that the cause of action be confined to intentional or reckless invasions of privacy, even though this …
Publications
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Review of the Native Title Act 1993 I, Mark Dreyfus QC MP, Attorney-General of Australia, having regard to: the 20 years of operation of the Native Title Act 1993 (the Act) the importance of the recognition and protection of native title to Indigenous Australians and the broader Australian community the importance of certainty as to the relationship between …
Publications
Read moreStatutes requiring public access
15.44 Many statutes require government agencies to give public access to information and documents. Most of the statutes require access to material that has been created by government agencies themselves, but some concern material that has been submitted to governments, and may be subject to copyright. For the purpose of this Inquiry, the most important …
Publications
Read moreRepeal of the statutory licences?
8.23 In the Discussion Paper, the ALRC proposed the repeal of the statutory licences for government, educational institutions and institutions assisting people with disability. Australian schools, universities and TAFEs called for the statutory licences to be repealed.[20] Licences should instead be negotiated voluntarily, they submitted.8.24 The Copyright Advisory Group—Schools (CAG Schools) expressed their objection to …
Publications
Read moreFair use is flexible and technology-neutral
4.39 Fair use is a standard, rather than a rule. It requires the consideration of principles or factors in an assessment of fairness, rather than setting out in detail the precise circumstances in which the exception will apply. This makes fair use considerably more flexible and better able to adapt to new technologies and new …
Publications
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