a window on law reform for government lawyers

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: info@alrc.gov.au• Fax: +61-2-8238 6363• Mail: GPO Box 3708, Sydney 2001