Changing fashions and enduring values in law reform
Speech by the Hon Michael Kirby AC CMG* at the Conference on Law Reform on Hong Kong: Does it Need Reform? The University of Hong Kong, Deparmtent of Law, 17 September 2011Law reform in Hong Kong: contextI congratulate the University of Hong Kong on its centenary. I pay respects to the people of China on …
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Read moreAppendix 2. List of Agencies, Organisations and Individuals Consulted
Name Location Aboriginal Family Violence Prevention and Legal Service Victoria Sydney Australian Chamber for Commerce and Industry Melbourne Australian Council of Trade Unions; Australian Education Union; Australian Nursing Federation; Australian Services Union; Community and Public Sector Union; Unions NSW; Victorian Trades Hall Council Sydney Australian Institute of Superannuation Trustees Sydney Australian National University Legal Workshop …
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Read moreProcesses of reform
Consultation processes1.33 A major aspect of building the evidence base to support the formulation of ALRC recommendations for reform is community consultation, acknowledging that widespread community consultation is a hallmark of best practice law reform.[29] Under the provisions of the Australian Law Reform Commission Act 1996 (Cth), the ALRC ‘may inform itself in any way …
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Read moreSecrecy Laws and Open Government Report—An Update
Professor Rosalind Croucher,** President, Australian Law Reform Commission. 7th Annual Public Sector In-House Counsel Conference 2011, 29 July 2011Abstract: This paper discusses the inquiry conducted by the Australian Law Reform Commission (ALRC) into Commonwealth secrecy laws: Secrecy Laws and Open Government in Australia (ALRC Report 112) tabled in March, 2010. It considers how, from a …
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Read moreEvidence-based reform
The need for an evidence base1.41 Law reform recommendations cannot be based upon assertion or assumption and need to be anchored in an appropriate evidence base. As the ALRC commented in the Managing Justice report:Deprecation of the legal system and failed efforts at reform often proceed on the basis of anecdote and assumption. This can …
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Read moreSecrecy Provisions: the Law Reform Project
Professor Rosalind Croucher** President, Australian Law Reform Commission, National Information Law Conference 2011, 24 March 2011Abstract: This paper discusses the inquiry conducted by the Australian Law Reform Commission (ALRC) into Commonwealth secrecy laws: Secrecy Laws and Open Government in Australia (ALRC Report 112) tabled in March, 2010. It considers how, from a law reform perspective, …
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Read moreRelationships and social security law
41. Eligibility for social security payments may depend on a person’s personal and financial relationships with others. Family violence may have implications for the way in which these relationships are defined. ‘Member of a couple’42. The eligibility for, and rates of, many social security payments differ depending on whether the recipient is a ‘member of …
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Read moreChild support laws
Background 12. The Child Support Scheme (CSS) was established in 1988 to enforce the right of children to be supported by both their parents.[2] The legislative basis of the CSS is the Child Support (Registration and Collection) Act and the Child Support (Assessment) Act. The Child Support Agency (CSA) administers these Acts. The CSA is …
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Read moreAllocation of functions between the ALRC and other agencies
65. The Inquiry asked the question as to the relationship of the ALRC with other agencies. While law reform agencies such as the ALRC are not the only bodies responsible for developing legal policy, the ALRC considers that there are key differentials that distinguish the ALRC from these agencies and organisations and demonstrate why the …
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Read moreThe value of independent law reform
1.7 In conducting its inquiry, the Committee has been asked to refer to the role and statutory responsibilities of the ALRC and the appropriate allocation of functions between the ALRC and other statutory agencies. These questions are closely related, and more broadly concern the crucial question of the value independent law reform agencies can bring …
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