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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 …
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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 …
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Read moreTerms of Reference
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 …
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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 …
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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 Australian schools, universities and TAFEs called for the statutory licences to be repealed.[20] Licences should instead be negotiated voluntarily, they submitted.8.24 The Copyright Advisory Group—Schools (CAG Schools) expressed their objection to …
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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 …
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Read moreAppendix F: Implementation activity 2012–13
The following provides an overview of activity in relation to the implementation of ALRC reports during 2012–13. Access All Ages—Older Workers and Commonwealth Laws (ALRC Report 120, 2013) In July 2013, a number of changes to the Fair Work Act 2009 (Cth) took effect. These changes included an extension of the right to request flexible …
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Read moreAppendix C: Terms of Reference 2012–13
Review into Commonwealth legal barriers to older persons participating in the workforce or other productive work Having regard to: obstacles faced by older persons in actively participating in the workforce the desirability of reviewing Commonwealth laws to remove limitations on, or disincentives to, participation in the workforce by older persons, and the definition of ‘older …
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Read moreSpecific legislative areas
Employment 159. The CRPD recognises the right of persons with disabilities to work on an equal basis with others. This includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and a work environment that is open, inclusive and accessible.[191] The CRPD also outlines a …
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Read moreParticular disability communities
287. People with disability who are also members of particular disability communities often face intersectional problems and have particular experiences and perspectives across a range of areas. 288. The Terms of Reference ask the ALRC to have particular regard for the ways Commonwealth laws and legal frameworks affect people with disability who are also children, …
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