Australian Law Reform Commission

Australian Law Reform Commission
Agency overview
Formed11 November 1996[1]
Preceding agency
  • Law Reform Commission
JurisdictionCommonwealth of Australia
Employees16 (at June 2024)[2]
Agency executive
Websitewww.alrc.gov.au

The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform.[3]

The ALRC is part of the Attorney-General's Department portfolio; however it is an independent statutory authority constituted under the Australian Law Reform Commission Act 1996 (Cth), and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour.[3]

The ALRC's objective is to make recommendations for law reform that:

  • bring the law into line with current conditions and needs
  • remove defects in the law
  • simplify the law
  • adopt new or more effective methods for administering the law and dispensing justice, and
  • provide improved access to justice.[3]

When conducting an inquiry, the ALRC also monitors foreign legal systems to ensure Australia compares favourably with international best practice.

The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with the International Covenant on Civil and Political Rights.

The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice.[3]

Background

The ALRC is the primary law reform agency for the Australian government. It has its origins in the Law Reform Commission,[4] which was established in 1975 under the Law Reform Commission Act 1973. This legislation was superseded by the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act) which came into effect on 11 November 1996. The new act was intended to improve the structure and functions of the ALRC, consistent with the recommendations of the 1994 Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs titled, Law Reform—the Challenge Continues.[5]

Constitution

Under the amendments to the ALRC Act in 2012, the Commission consists of a President and up to six other members (more commonly called Commissioners).[6] The performance of the Commission's functions, and the exercise of its powers, are not affected merely because of one or more vacancies in its membership. The Attorney-General may, from time to time, appoint such other part-time members of the Commission as the Attorney-General considers necessary to enable the Commission to perform its functions. Full-time members are to be appointed by the Governor-General and part-time members are to be appointed by the Attorney-General.[7] A member holds office for the term (of at least six months but not longer than five years) specified in his or her appointment, but is eligible for re-appointment.

Law reform process

The process for each law reform project may differ according to the scope of inquiry, and the ALRC usually works within a particular framework when it develops recommendations for reform. An Inquiry begins with Terms of Reference delivered by the Attorney-General identifying an area of law that needs to be reviewed for various reasons including:

  • there is community concern about a particular issue that needs to be addressed through the process of law reform
  • recent events or legal cases have highlighted a deficiency with the law
  • scientific or technological developments have made it necessary to update the law or create new laws.[8]

An Issues Paper is usually the first official publication of an inquiry. It provides a preliminary look at issues surrounding the inquiry. It serves to educate the community about the range of the problems under consideration. Discussion Papers provide a detailed account of ALRC research, including a summary of the various consultations and submissions undertaken and received, and set out draft proposals for reform.

The ALRC makes a formal call for submissions whenever it releases an Issues Paper or Discussion Paper. Through the submissions it receives, the ALRC can gauge what people think about current laws, how they should be changed and can test its proposals for reform with stakeholders before finalising them.

ALRC Final Reports make specific recommendations for changes to the law or legal processes. In formulating recommendations, the ALRC draws not only on submissions, but also face to face consultations, academic and industry research, international research and models, and its considerable experience in law reform. The ALRC seeks to consult with people who have expertise and experience in the laws under review, as well as people likely to be affected by the laws in question. During the process of formulating recommendations, the ALRC has regard to any policy aims expressed in terms of Reference and the principles for reform identified for each particular inquiry, against which possible proposals are assessed.

The Attorney-General is required to table the Final Report in Parliament within 15 sitting days of receiving it, after which it can be made available to the public. The Australian Government decides whether to implement the recommendations, in whole or in part.

Presidents

From To Title Name Postnominals
1975 1984 Chair The Hon Michael Kirby[9] AC CMG
1984 1985 Chair The Hon Justice Murray Wilcox[10] AO QC
1985 1987 Chair The Hon Xavier Connor[11] AO
1988 1993 Chair The Hon Elizabeth Evatt[12] AC
1994 1999 President Alan Rose[13] AO
1999 2009 President Emeritus Professor David Weisbrot[14] AM
2009 2017 President Emeritus Professor Rosalind Croucher[15] AM
2017 2018 Acting President Robert Cornall[16]
2018 2023 President The Hon Justice Sarah Derrington[17] AM
2023 Present President The Hon Justice Mordecai Bromberg[18] SC

Commissioners[19]

From To Name
1975 1975 Professor the Hon Gareth Evans AC KC
1975 1981 Associate Professor Gordon J Hawkins
1975 1981 Professor Alex C Castles
1975 1977 The Hon John Cain
1975 1979 The Hon Sir Francis Gerard Brennan AC KBE QC
1976 1978 Russell Scott
1976 1985 The Hon Murray Wilcox AO QC
1976 1979 Sir Zelman Cowen AC GMG GCVO PC QC
1976 1985 David St L Kelly AO
1976 1980 Howard Screiber
1976 1979 The Hon James Spigelman AC KC
1977 1981 Brian J Shaw QC
1977 1979 Allan N Hall AM
1978 1980 John Q Ewens CMG CBE QC
1978 1983 Bruce M Debelle AO KC
1978 1979 Professor Duncan Chappell
1979 1980 Dr John A Seymour
1979 1984 James Mazza
1980 1983 Associate Professor Robert Hayes
1980 1986 The Hon Tim Smith AM KC
1980 1983 G W P Aarons
1980 1984 The Hon Francis M Neasey
1981 1984 The Hon Gerald E Fitzgerald AC KC
1982 1990 Judge James Crawford AC SC
1982 1990 Mr Theodore Simos QC
1982 1987 Professor Alice Erh-Soon Tay AM
1983 1989 Professor David Hambly
1983 1985 Dr Michael Pryles AO PBM
1983 1990 Professor Michael R Chestermann
1984 1985 Sir Maurice Byers CBE QC
1985 1987 The Hon Josephine M Maxwell
1984 1987 The Hon Donnell Michael Ryan QC
1984 1986 Ronald W Harmer
1984 1987 George Zdenkowski
1984 1989 Professor Richard W Harding
1985 1989 Dr Nicholas Seddon
1986 1989 Richard Fisher AM
1986 1987 The Hon John Basten AO KC
1986 1987 Dr Peter Cashmann
1987 1992 John H Greenwell
1987 1990 Professor John L Goldring
1989 1992 The Hon Peter E Nygh AM
1990 1991 Greta Bird
1990 1991 Dott P Totaro AM
1991 1992 Jim Armitage
1991 1992 Leigh Hall AM
1992 1995 Christopher Sidoti
1992 2002 The Hon John von Doussa AO KC
1980 1997 Stephen Mason
1993 1995 Professor James Lahore
1993 1997 Professor Bettina Cass AO
1993 1997 Professor the Hon Peter Baume AC
1993 1995 Professor Rebecca Bailey-Harris
1993 2003 The Hon Ian Coleman SC
1993 1994 Professor Brent Fisse
1993 1995 Sue Tongue
1993 1994 Professor Hilary Charlesworth AM
1993 1994 Professor Regina Graycar
1993 1994 Professor Jennifer Morgan
1994 1996 Michael Ryland
1995 2000 David Edwards PSM
1996 2002 Dr Kathryn Cronin
1998 2006 The Hon Mark Weinberg AC KC
2000 2004 Ian Davis
2000 2006 Professor Brian Opeskin
2000 2002 Mr Hank Spier
2001 2004 Professor Anne Finlay
2005 2009 Professor Les McCrimmon
2003 2007 The Hon Susan Kiefel AC KC
2006 2012 The Hon Justice Susan Kenny AM
2006 2008 The Hon Robert French AC
2009 2010 Magistrate Anne Goldsborough AM
2010 2011 The Hon Bruce Lander KC
2010 2011 The Hon Arthur Emmett AO KC
2011 2012 Professor Terry Flew
2012 2013 The Hon Susan Ryan AO
2007 2013 The Hon Justice Berna Collier
2012 2013 Professor Jill McKeough
2013 2014 Graeme Innes AM
2013 2014 Professor Barbara McDonald
2013 2015 Professor Lee Godden
2015 2015 Professor Suri Ratnapala
2012 2017 The Hon Justice Nye Perram
2017 2017 Robert Cornall AO
2017 2017 Judge Matthew Myers AM
2018 2019 The Hon Cheryl Edwardes AO
2018 2019 The Hon Michelle May AM KC
2018 2019 Dr Andrew Bickerdike
2017 2019 Geoffrey Sinclair
2017 2019 The Hon John Faulks
2017 2018 Professor Helen Rhoades
2019 2020 The Hon Justice Robert Bromwich
2012 2022 The Hon John Middleton AM KC
2021 2023 The Hon Justice Craig Grierson Colvin
2022 2023 The Hon Justice Stephen Rothmann AM
2024 2025 The Hon Marcia Neave AO
2024 2025 Judge Liesl Kudelka
2024 Present Tony McAvoy SC
2025 Present Dr Maeghan Toews

Inquiries into the ALRC

Throughout the history of the ALRC there have been a number of inquiries into its role, constitution and functions. They include:

See also

Notes

  1. ^ CA 8999: Australian Law Reform Commission, National Archives of Australia, retrieved 8 December 2013
  2. ^ Australian Law Reform Commission (4 October 2024). "ALRC Annual Report 2023-24" (PDF). p. 27. Retrieved 28 February 2025.
  3. ^ a b c d "About". ALRC. Retrieved 12 January 2026.
  4. ^ CA 2531: Law Reform Commission, National Archives of Australia, retrieved 8 December 2013
  5. ^ Daryl Williams (20 June 1996). "House of representatives – Official Hansard – Thursday, 20 June 1996" (PDF). Parliamentary Debates (Hansard). Commonwealth of Australia: House of Representatives. pp. 2451–2453. Archived from the original (PDF) on 23 November 2011.
  6. ^ Australian Law Reform Commission Act, 1996, retrieved 12 January 2026
  7. ^ Australian Law Reform Commission Act, 1996, retrieved 12 January 2026
  8. ^ "Law reform process". ALRC. Retrieved 12 January 2026.
  9. ^ "Hon Michael Kirby AC CMG". ALRC. Retrieved 25 February 2025.
  10. ^ "Hon Justice Murray Wilcox AO QC". ALRC. Retrieved 25 February 2025.
  11. ^ "Hon Xavier Connor AO QC". ALRC. Retrieved 25 February 2025.
  12. ^ "The Hon Elizabeth Evatt AC". ALRC. Retrieved 12 January 2026.
  13. ^ "Alan Rose AO". ALRC. Retrieved 25 February 2025.
  14. ^ "Emeritus Professor David Weisbrot AM". ALRC. Retrieved 25 February 2025.
  15. ^ "Emeritus Professor Rosalind Croucher AM". ALRC. Retrieved 25 February 2025.
  16. ^ "Mr Robert Cornall AO, Acting President". Australian Law Reform Commission. 31 July 2017. Archived from the original on 9 August 2017. Retrieved 9 August 2017.
  17. ^ "The Hon Justice Sarah C Derrington AM". ALRC. Retrieved 25 February 2025.
  18. ^ "President". ALRC. Retrieved 25 February 2025.
  19. ^ "Past Commissioners". ALRC. Retrieved 12 January 2026.
allikas: https://en.wikipedia.org/wiki/ALRC