The role of law reform bodies is to assist the state and Commonwealth governments of changes in society that may require a change in the law. They aim to give impartial advice and make recommendations that are practical to be implemented. Parliament is not bound by these recommendations.
The Australian Law Reform Commission (ALRC)
Established in 1975
Operates under the Australian Law Reform Commission Act 1996(Cth)
Consists of a President, two full time commissioners and three part time commissioners
The federal attorney-general provides terms of reference for each investigation
In 2004 Phillip Ruddock asked the commission to examine the changing nature, scope and extent of federal offences
Once an investigation is complete, the ALRC provides advice by way of recommendations. The Commonwealth Parliament checks the recommendations and decides where to accept them or not.
80% of ALRC reports have been either substantially or partially implemented
It is a very effective and influential law reform agent
When conducting an inquiry the ALRC aims to:
Simplify and modernise the law
Improve access to justice
Remove obsolete or unnecessary laws
Suggest more effective methods for administering the law
Ensure harmonisation of commonwealth and state laws
Ensure that Australian law compares favourably with international best practice
The role of the ALRC in assessing the need for change in the law is to conduct inquiries, known as references, into areas of law reform at the request of the federal attorney-general.
The ALRC cannot initiate its own inquiries but it can suggest areas that need reform
The ALRC has highlighted legal concerns relating to Australias ageing population such as older people in the work force, care agreements between older people and their families and the rights of grandparents in relation to grandchildren.
The ALRC
Holds public hearings
Allows individuals to have a say in a proposed change in the law
Conducts surveys and polls
Employs specialist consultants
Provides information to the community on law reform processes
Identifies law reform priorities
Assists in the implementation of recommendations
Inquiries
Two terms of reference were given to ALRC in July 2004.
Reviews of
Part 1B of the Crimes Act 1914(Cth)
The Evidence Act 1995 (Cth)
Review of the Crimes Act 1914 (Cth)
Federal crimes are prosecuted in state and territory courts. Sentences are administered by state and territory correctional authorities and therefore sanctions in different states for the same crime differ.
Eg. Rene Rivkin ( a stockbroker) was convicted of a federal offence and sentenced by a NSW court to weekend detention for 2 years.
The ALRC will consider the best way to provide Australian courts with sentencing alternatives for federal offences.