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ALRC Brief

April 2019
It has been a busy 15 months since our last ALRC Brief. We have completed two inquiries—one on litigation funding and one on the entire family law system.

Yesterday, the ALRC received two new inquiries—the first relating to corporate criminal responsibility, and the second to religious exemptions from anti-discrimination legislation. The ALRC is also currently undertaking a consultative project to identify priorities for law reform.

The ALRC looks forward to engaging with you on these upcoming projects.

Inquiry update

Corporate Crime Inquiry

On 10 April 2019, Attorney-General of Australia, the Hon Christian Porter MP, gave the ALRC Terms of Reference for an inquiry into corporate criminal responsibility.

The ALRC has been asked to review the complexity of the corporate criminal liability regime and examine ways in which to strengthen and simplify related legislation. This Inquiry will consider, in part, the findings of the 2019 Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

The Corporate Crime Inquiry will be led by ALRC President, the Hon Justice S C Derrington. The Hon Justice R Bromwich has been appointed as a part time Commissioner for this Inquiry. Initial consultations will begin shortly.

In the meantime, anyone who would like to comment on the Terms of Reference is invited to do so by email to corporatecrime@alrc.gov.au by 10 May 2019. The ALRC will use submissions on the Terms of Reference to inform the scope of its review. Please note that submissions will be made public on the ALRC’s website unless the submitter requests otherwise.

Subscribe to Corporate Crime Inquiry enews >>

See Terms of Reference >>

Religious Freedoms Inquiry

On 10 April 2019, Attorney-General of Australia, the Hon Christian Porter MP, gave the ALRC Terms of Reference for an Inquiry into the Framework of Religious Exemptions in Commonwealth, State, and Territory Anti-discrimination Legislation.

The ALRC has been asked to review the framework of religious exemptions following the Australian Government response to the Religious Freedom Review, which was released on 13 December 2018.

The Religious Freedoms Inquiry will be led by ALRC President, the Hon Justice S C Derrington. Initial consultations will begin shortly.

In the meantime, anyone who would like to comment on the Terms of Reference is invited to do so by email to religion@alrc.gov.au by 10 May 2019. The ALRC will use submissions on the Terms of Reference to inform the scope of its review. Please note that submissions will be made public on the ALRC’s website unless the submitter requests otherwise.

Subscribe to Religious Freedoms Inquiry enews >>

See Terms of Reference >>

Law Reform Priorities

In the coming months, the ALRC will bring law reform to the community. The ALRC will be asking Australians what their priorities are for reforming Australia’s legal system to make it fairer and more efficient.

This proactive approach to law reform will ask Australians to focus on vast areas of Commonwealth legislation, including concerns such as the limitations of the constitutional framework and the interaction between Commonwealth, state, and territory governments.

The ALRC looks forward to hearing what you have to say about the future of Australia’s legal landscape.

Reform round-up

Family Law for the Future: An Inquiry into the Family Law System (ALRC Report 135)

In the Family Law Review Report, the ALRC recommends that the resolution of family law disputes be returned to the states and territories and that the federal family courts eventually be abolished.  Under the current system, children fall through the gaps between the family law courts, the child protection systems and the state and territory responses to family violence. This can be remedied only by having a single court focused on the best interests of the child that is able to resolve all family law, child protection, and family violence issues together.

More broadly, the ALRC’s 60 recommendations will ensure that the law provides a framework that assists families who are experiencing relationship breakdown to make arrangements for their children, property, and financial affairs.

A PDF of Report 135 can be downloaded from the ALRC website, and is available to purchase in book form.

Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (ALRC Report 134)

The Class Action Proceedings Report aims to promote fairness and efficiency in class action proceedings; protect litigants from disproportionate costs; and assure the integrity of the civil justice system.

A PDF of Report 134 can be downloaded from the ALRC website, and is available to purchase in book form.

Intern update

The ALRC is pleased to be working with clinical education students from the Faculty of Law at Monash University. Now in its third semester, students at the clinic have provided valuable assistance to the Commission throughout its past two inquiries. This semester, we welcome Christopher Bold, Hannah MacPherson, and Jessica Zhao and look forward to their contributions to the upcoming inquiries.



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