a window on law reform for government lawyers
DESCRIPTION
A presenetation delivered by Prof Rosalind Croucher, President, Australian Law Reform Commission, at the Law Society of New South Wales, Government Solicitors Conference 2012, on 28 August 2012. A full transcript can be found at the ALRC website.TRANSCRIPT
A window on law reform for government lawyers
28 August 2012
Professor Rosalind F CroucherPresident
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• The need for law reform• Where law reform happens—and the
value of independent Commissions• What drives law reform• The process of law reforming• Problems in achieving law reform
Law reforming …
The need for law reform• Common law moves slowly – law gets stuck• Legislative change has to navigate the democratic processes of parliament – law gets stuck• Law reform to get things ‘unstuck’
Where law reform happens• joint ministerial councils • committees in both Houses of the federal Parliament • departmental and inter-departmental committees• bodies providing specialist advice—
eg Administrative Review Council and Family Law Council• Royal Commissions and other ad hoc inquiries• and law reform bodies!
Independent Commissions
Jeremy Bentham (1748-1832)
In situ University College London
Independent Commissions
Independent Commissions
The Hon Michael Kirby AC CMGFoundation Chairman, ALRC
What drives law reform
• Old laws need modernising• Technological change• Social attitudes shift• Federal laws/state laws a jumble
The process of law reforming
• Terms of Reference• Australian Law Reform Commission Act
– don’t : • trespass unduly on personal rights and liberties • make rights and liberties unduly dependent on
administrative decisions– do:
• be consistent with international obligations• consider costs of getting access to justice
• Commissioner in charge• Part-time Commissioners• Advisory Committee• Consultation documents• Consultations and submissions• Expert readers
The process of law reforming
Issues Paper
Discussion Paper Report
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Consultations
Submissions
Advisory Committee/Panels
The process of law reforming
Problems of achieving
• Constitutional divide• Budgets• TOR• Consultation• Timeframes• Not self-executing
Get involved!
Information about ALRC work• www.alrc.gov.au
– all papers, reports available free• Email: [email protected]• Fax: +61-2-8238 6363• Mail: GPO Box 3708, Sydney 2001