Australian Law Reform Commission
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The Australian Law Reform Commission (ALRC) is a permanent, independent federal statutory corporation, operating under the Australian Law Reform Commission Act 1996 (Cth).
The ALRC conducts inquiries—known as references—into areas of law reform at the request of the Attorney-General of Australia.
While accountable to the federal Parliament for its budget and activities, the ALRC is not under the control of government, giving it the intellectual independence and ability to make research findings and recommendations without fear or favour.
The ALRC's focus is on federal laws and legal processes. When conducting an inquiry, the ALRC aims to:
- simplify and modernise the law;
- improve access to justice;
- remove obsolete or unnecessary laws, and eliminate defects in the law;
- suggest new or more effective methods for administering the law and dispensing justice;
- ensure harmonisation of Commonwealth, state and territory laws where possible;
- monitor overseas legal systems to ensure Australia compares favourably with international best practice.
The ALRC does not offer legal advice or handle complaints. It cannot intervene in individual cases and does not act as a 'watch-dog' for the legal system or the legal profession.
For more information about the ALRC, visit the [ALRC website].
The Law Reform Process
The ALRC has pioneered methods to make the law reform process as open and consultative as possible.
In the course of an inquiry, the ALRC publishes at least one public consultation document. These are distributed free of charge and also are published on the ALRC website.
The ALRC regularly consults with relevant experts and meets with judges and members of the legal profession, public officials, academics, community organisations and special interest groups. The ALRC also makes a special effort to seek out the views and experience of the general community and, wherever helpful, will hold public meetings on its inquiries.
ALRC activities are promoted in the media, through the journal [Reform], the [ALRC website], and by members of the Commission speaking at schools, universities and various public forums.
Members of the public also can contribute to the law reform process by making [submissions] to the ALRC in relation to any of its current inquiries.
Once the consultation process is complete, the ALRC prepares a final report, which is delivered to the Attorney-General of Australia, and then made public by being tabled in federal Parliament.
Implementation of ALRC recommendations
ALRC recommendations provide advice to government but do not automatically become law. However, the ALRC has a strong record of having its advice taken up. Nearly 80 per cent of the ALRC's reports have been either substantially or partially implemented—making it one of the most effective and influential agents for legal reform in Australia.
Some of the most influential ALRC reports have been:
- [Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC 96)]
- [Managing Justice: A Review of the Federal Civil Justice System (ALRC 89)]
- [Seen and Heard: Priority for Children in the Legal Process (ALRC 84)]
- [Evidence (ALRC 38)]
- [Recognition of Aboriginal Customary Laws (ALRC 31)]
- [Privacy (ALRC 22)]
Other Law Reform Agencies
The ALRC has developed cooperative relationships with Australian state and territory law reform agencies and overseas law reform agencies. For more information about these agencies see the [links page] on the ALRC website and the [Commonwealth Association of Law Reform Agencies (CALRAS)website].
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