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Australian Law Reform Commission Reports No. 109 Report for 2007-08
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200708Australian Law Reform C om m ission

EPORT 109

Australian Government

Australian Law Reform Commission

A N N U A L R E P O R T

2007-08Australian Law Reform C om m ission

REPORT 109

Contents

Full-time Commissioners: Professor Les McCrimmon, Emeritus Professor David Weisbrot AM and Professor Rosalind Croucher

Contents

2 Highlights of 2007-08

4 Comments from the President

10 Guide to the Report

Corporate overview

13 Role and Functions of the ALRC

13 ALRC Organisational Structure

14 Membership

18 Feature: Justice Susan Kiefel

19 Significant Events

20 Collaboration and

Cooperation

22 Feature: Solomon Islands Law Reform Commission

Report on operations

29 Outcome and Outputs Structure

30 Outcomes Report

46 Outputs Report

58 Feature: Australian Academy of Law

Corporate governance

65 Corporate Governance Framework

66 Statement of Governance

72 Corporate Planning

72 External Scrutiny and Controls

73 Corporate Management

80 Feature: ALRC Internships

84 Summary of Financial Performance

84 Other Reporting Requirements

Financial statements 91 Financial Statements

Appendices 119 A. Corporate Plan

122 B. Key Supporting Policies and Documents

123 C. Terms of Reference 2007-08

126 D. Advisory Committee Members and Consultants

129 E. Implementation Activity 2007-08

133 F. Implementation Status of ALRC Reports

147 G. Public Presentations and Contributions to Newspapers and Journals

154 H. Citations of ALRC Reports in major court decisions

Glossary and index

158 Glossary

163 Compliance Index

164 Alphabetical Index

Highlights o f2007-08 Membership Δ The ALRC farewelled part-time Commissioner Justice Susan Kiefel. Justice Kiefel resigned with effect from 3 September 2007, following her appointment to the High

Court of Australia.

Δ The Hon Justice Berna Collier of the Federal Court of Australia was appointed a part­ time Commissioner of the ALRC for a term of three years, commencing on 2 October 2007.

Δ Professor Les McCrimmon, a full-time Commissioner since January 2005, was re-appointed until 30 June 2009 » .

S i g n i f i c a n t Event s Δ The ALRC completed two major inquiries— the Client Legal Privilege Inquiry (a review of Legal Professional Privilege in federal investigations) and the Privacy Inquiry (a review of the Privacy Act 1988 (Cth)). The Privacy Inquiry involved the

largest community consultation effort in the ALRC’s 33-year history.

Δ On 17 July 2007, the ALRC facilitated the launch of the Australian Academy of Law. The launch was held at Government House in Brisbane with addresses by Her Excellency, Ms Quentin Bryce AC, Governor of Queensland; the Hon Philip Ruddock, MR Attorney-General; the Hon Chief Justice Murray Gleeson AC; and Emeritus Professor David Weisbrot AM, ALRC President.

Δ On « 24 » September 2007, the Attorney-General signed terms of reference for a review of the Freedom of Information Act 1982 (Cth), with a reporting date of 31 December 2008.

Δ The ALRC hosted the Chief Executive Officer and senior legal officers from the Solomon Islands Law Reform Commission in November 2007 for a program of training on the ALRC’s structure, operations and inquiry process.

Publications

Corporate publications

Δ The Annual Report 2006-07 (ALRC 106), was tabled in the Senate on 20 November 2007 and tabled in the House of Representatives on 13 « February » 2008.

Δ Issue 90 of the ALRC’s journal Reform, ‘Juries’, was published in July 2007.

Δ Issue 91 of the ALRC’s journal Reform, ‘Animals’, was published in « February » 2008.

Privacy Inquiry

Δ Discussion Paper 72, Review of Australian Privacy Law, was released on 12 September 2007.

Δ Discussion Paper 72 Overview, Review of Australian Privacy Law: An Overview was released on 12 September 2007.

Δ Final Report 108, For Your Information: Australian Privacy Law and Practice, was transmitted to the Attorney-General on 30 May 2008.

Client Legal P riv ile g e Inquiry

Δ Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies, was

released on 26 September 2007.

Δ Final Report 107, Privilege in Perspective: Client Legal Privilege in Federal Investigations, was tabled in the Australian Parliament on 13 « February » 2008.

Comments from ..

.. the President

Although projects are directed to the Australian Law Reform Commission (ALRC) one-by-one, through written Terms of Reference by the Commonwealth Attorney-General of the day, it is possible

to discern both a number of consistent features and some changing patterns over the ALRC's 33-year history.

As identified in last year's Annual Report, major inquiries have tended to be propelled by one of several factors:

old laws requiring review and modernisation; developments in science and technology; and changing social and political circumstances or attitudes. Further, our federal system may have many advantages in terms

of dispersal of power and localising responsibility for service delivery, but simplicity is certainly not among them— consequently, there is a regular need for law reform exercises aimed at harmonisation of laws to provide clarity and remove unnecessary complexity:1

The ALRC’s work program in 2007-08 reflects this experience, with the Commission engaged in reviews of:

(a) legal professional privilege in the course of federal investigations and royal commissions; (b) Australian privacy

laws and practices; and (c) freedom of information laws.

Client legal privilege

The ALRC’s review of legal professional privilege—or more accurately ‘client legal privilege’— in the course of federal investigations and royal commissions, concluded with the publication of Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107), which

was tabled in Parliament on 13 « February » 2008.

The precipitating factor for establishment of this Inquiry was the controversy over privilege claims made in the course of the Cole Royal Commission into the possible

breaches of the UN’s Oil for Food program in Iraq by the Australian Wheat Board (AWB), during which the AWB maintained— unsuccessfully, as it turned out—that a host of documents should be

protected from production based on client legal privilege, Similar issues had arisen in other recent royal commissions of inquiry, including those in connection with the disastrous collapse of the insurer HIM and compensation claims by asbestos victims

made against the James Hardie group of companies.

Commissioner Cole's final report noted the tension between the public interest in discovery of the truth—the prime function of a royal commission—and the fundamental common law right (as the

High Court of Australia recognised in the Daniels case) of persons to communicate with their lawyers and obtain legal advice under conditions of confidentiality.

Apart from royal commissions of inquiry that may be established from time to time under the Royal Commissions Act 1902 (Cth), the number of federal

bodies with coercive information­ gathering powers has grown significantly in recent decades. During the course of this Inquiry, the ALRC identified 41 different federal bodies granted coercive investigatory powers by statute,

including: traditional law enforcement bodies, such as the Australian Federal Police; bodies concerned with taxation

and the administration of public funds, such as the Australian Taxation Office and Centrelink; corporate and financial regulators, such as the Australian Securities and Investments Commission and the Australian Competition and Consumer Commission; and regulators with a focus on a specific industry, such as the Australian Fisheries Management Authority.

The central task for the ALRC was to develop a sensible and workable balance between facilitating investigations by federal regulators and royal commissioners—particularly where claims of privilege may be used primarily as

a tactic to frustrate investigations and prolong litigation—and protecting the strong public interest in clients being able to communicate with their lawyers in a completely candid manner in order to get

proper legal advice.

The key recommendations emerging from the final report include: (a) the enactment of a statute of general application to cover aspects of the law and procedure

governing client legal privilege claims in federal investigations; (b) the setting out of procedures with respect to the making

and resolution of client legal privilege claims; and (c) the extension of privilege, in defined circumstances, to include tax advice.

Privacy laws and practices

The major review of Australian privacy law

and practice dominated the ALRC's work program, attention and resources during this reporting period.

The Inquiry represented the ALRC’s second major foray into this area. The

recommendations contained in Privacy (ALRC 22, 1983)—completed after a seven-year research and policy development exercise— led to the Privacy Act 1988 (Cth), enacted in partial fulfilment

of Australia's international obligations under the International Covenant on Civil and Political Rights, which recognises a basic human right to privacy premised on

the autonomy and dignity of the individual.

The ALRC’s 1983 report not only led to the current domestic legislation but also strongly influenced international developments, with the then head of the ALRC, Justice Michael Kirby, chairing the key OECD committees on Privacy

Principles and on Data Security. Justice Kirby's immense contributions to this field were recognised recently with the award of an inaugural Australian Privacy Medal. In presenting the Medal, the Cabinet Secretary and Special Minister of State, the Hon Senator John Faulkner and Privacy Commissioner Karen Curtis noted that Justice Kirby had pioneered the privacy principles now used in ‘most of the developed nations in the world’.

The implications of developing technology were certainly not lost on the Commission in 1983—and the ALRC was surprisingly prescient in its understanding of emerging

computer power and the associated privacy concerns. However, the now ubiquitous use of personal computers, mobile phones, digital cameras, email, the internet and a host of other technological developments—while not quite in the realm of science fiction in the 1980s—

was yet to have such a comprehensive and powerful impact on the daily lives of Australians. Individuals were then

without the benefits and convenience of

internet banking, e-commerce and social networking sites (such as MySpace and Facebook)— but likewise were free from the perils of spam, hacking, spyware,

‘phishing’ and identity theft.

The sheer breadth of the subject matter covered in this latest Privacy Inquiry required the ALRC to undertake the largest community consultation exercise in its history. The ALRC hosted hundreds of meetings and received 585 written submissions from a broad cross­ section of individuals, organisations and agencies, which helped the ALRC in developing its priorities and determining the ultimate reform agenda.

The ALRC completed the Inquiry and presented its report to the Attorney- General in CD-ROM format by the (amended) reporting date of 30 May 2008.

The 2,700 page Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008), was published in three volumes, and contains 295 recommendations for reform. The report was tabled in Parliament and formally

launched in Sydney on 11 August 2008— in the next reporting period— by Senator Faulkner and the Attorney-General, the Hon Robert McClelland MR

Freedom of Inform ation Inquiry

On « 24 » September 2007, the ALRC received Terms of Reference from the then Attorney-General of Australia, the Hon Philip Ruddock MR to inquire into

Freedom of Information (FOI) laws and practices across Australia. Two months later the federal election led to a change in Government. On 21 July 2008, the new Attorney-General, the Hon Robert

McClelland MR wrote to the ALRC revoking the Terms of Reference for the FOI Inquiry and indicated that the Labor Government intended to proceed with the reforms to FOI laws announced during the election campaign—which largely flow from the ALRC's earlier report, Open Government (ALRC 77 1995).

The Attorney’s letter indicated that the ALRC could play a more useful role in reviewing FOI ‘after the Government’s reforms have been implemented and

operating for a reasonable period of time'.

Community engagement

The ALRC goes to great lengths to engage the community in its law reform work, following the advice of Justice Kirby, the founding Chair, that 'law reform

is far too important to be left to the experts’. The Privacy Inquiry involved the largest and most comprehensive public consultation exercise in the ALRC’s

history.

While the bulk of the ALRC’s energies and budget resources are devoted to the formal inquiries referred to us by the Attorney-General, the ALRC has also taken seriously its responsibility to

stimulate informed community debate about legal matters of public importance.

Commissioners are kept busy on the Australian lecture circuit, and the ALRC’s bi-annual journal Reform provides the primary opportunity to fulfil this community

education role.

In 2007-08, the ALRC published Issue No 90 on ‘Juries', which fed strongly into contemporary debates about the nature and role of the modern jury system; and

s-

Issue No 91 on ‘Animals’, which makes a useful contribution to discussion on animal rights in providing a range of perspectives and experiences from Australia and overseas, including legal experts and animal rights activists as well as agricultural industry figures.

Another key contribution made this year by the ALRC to the development of Australia's legal system was to foster and facilitate the foundation of Australia’s newest learned academy, the Australian Academy of Law. The Academy was formally launched in 17 July 2007 at Government House, Brisbane, with speeches from Her Excellency the Governor Quentin Bryce AC, a Foundation Fellow of the Academy; Chief Justice Murray Gleeson AC, the Foundation Patron of the Academy; the then Attorney- General, the Hon Philip Ruddock MP; and myself (also a Foundation Fellow).

The day-to-day carriage of the work of the ALRC necessarily falls to the full-time Commissioners and staff. However, the Commission has long been blessed with exceptional assistance from part-time

Commissioners. In 2007-08, Justices Susan Kenny and Robert French of the Federal Court of Australia continued their

outstanding service to the ALRC.

On 13 August 2007, the Attorney-General announced the appointment to the High Court of Australia of one of our part-time Commissioners, Justice Susan Kiefel—a matter featured elsewhere in this Annual Report.

Justice Berna Collier of the Federal Court was appointed a part-time Commissioner of the ALRC for a term of three years on

2 October 2007, replacing Justice Kiefel.

As sitting judges, our part-time Commissioners receive no remuneration for their substantial work on behalf of the ALRC.

The exceptional output of the ALRC documented in this Annual Report is the result of the diligent work of ALRC Commissioners and staff— and I want to take this opportunity to thank all of them for their dedication and commitment to the ongoing work of the Commission.

I am often struck by the perception in the Australian community and overseas that the ALRC is a much larger body than it actually is. With a relatively modest budget and staffing complement, the ALRC— like the heroine of a play by Tennessee Williams— has 'always depended on the kindness of strangers', generating and harnessing an extraordinary volunteer effort in the course of its work, to supplement our in-house resources.

It is now standard operating procedure for the ALRC to establish a broad- based, expert Advisory Committee to assist with the development of each of

its inquiries. These committees have particular value in helping to maintain a clear focus and determine priorities, as well as in providing quality assurance in the research and consultation effort, and commenting upon the practicability of reform proposals.

The ALRC seeks to involve acknowledged leaders in their respective fields—already busy people, whom the Commission could not possibly afford to pay what they are worth or could easily command as

consultants in the private market. And yet, virtually all such invitations are accepted and all work is performed on a pro bono basis.

Similarly, the ALRC operates a highly sought-after voluntary internship program for senior law students from Australia (including many from inter state) and overseas, with interns serving on inquiry teams and providing valuable research.

Finally, the extensive community participation in the ALRC’s work—whether through attendance at a public forum, consultation meeting, industry roundtable or by the lodging of a written submission— makes an immense contribution by providing the ALRC with valuable insights, personal experiences and specialised expertise that otherwise would be difficult or impossible to collect.

Thus, the direct Government expenditure on institutional law reform may be seen as a form of 'pump-priming', providing the focus and coordination that enables much greater direct community participation in the public policy-making process.

Endnotes

1. ALRC 106, Annual Report, 2006-07, p 5.

Emeritus Professor David Weisbrot AM President

Guide co the Report The Australian Law Reform Commission (ALRC) has used a large number of photographs, charts and graphs to help convey detailed information to readers.

In addition to the 'Corporate Overview', ‘Report on Operations', ‘Corporate Governance’ and 'Financial Statements’ sections, the Annual Report includes four feature articles. The ALRC dedicates one such article to its former part-time member, Justice Susan Kiefel— who resigned in this reporting period to take up her appointment by the Commonwealth Attorney-General to the High Court of Australia.

The Solomon Islands Law Reform Commission’s visit is the subject of a two-page feature and is designed to provide insight into specific operational aspects of the Australian Law Reform Commission.

The ALRC is proud to have been the main instigator in developing and launching the fifth learned Academy in Australia—the Australian Academy of Law (AAL) on the 17 July 2007—the culmination of a process begun with the Australian Law Reform Commission’s landmark report, Managing Justice: a Review of the Federal Civil Justice System (ALRC 89, 2000).

The fourth feature documents the ALRC’s internship program. The ALRC values the input into its inquiries from volunteer legal interns and this article demonstrates the process and outcomes of the annual internship program.

This report is available online on the ALRC’s website at www.alrc.gov.au.

Gui de to C h a p t e r s The 'Corporate Overview’ includes information on:

Δ the functions and structure of the ALRC;

Δ members of the ALRC;

Δ significant events;

Δ collaboration and cooperation with other organisations; and

Δ anticipated developments.

The ‘Report on Operations’ contains information on the ALRC’s performance in relation to its outcome and outputs, including qualitative and quantitative information.

The ‘Corporate Governance’ chapter provides details of:

Δ the ALRC’s corporate structure and the constitution of Divisions;

Δ the Board of Management and the Audit Committee;

Δ independent professional advice, conflict of interest and director indemnity;

Δ external scrutiny and controls;

Δ staffing and workplace issues;

Δ the ALRC's library and information technology services;

Δ consultancies;

Δ the environmental management system;

Δ a Freedom of Information statement;

Δ the Commonwealth Disability Strategy report; and

Δ an overview of the ALRC's financial position.

The 'Financial Statements’ provide a detailed analysis of the ALRC’s revenue and expenditure, along with an independent Auditor’s report.

The ALRC has also included a glossary of acronyms and terms, a compliance index and an alphabetical index.

A number of appendices providing key supporting documents, information on the implementation status of reports and a list of public presentations and contributions to publications can be found at the conclusion of the Annual Report.

Corporate Overview

Professor Rosalind Croucher, Emeritus Professor David Weisbrot AM and Professor Les McCrimmon

Role and Functions of the ALRC The Australian Law Reform Commission (ALRC) is an independent statutory authority that operates under the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act). It is responsible to Parliament through the Attorney-General. The Hon Philip

Ruddock MR Attorney-General, was the Minister responsible for the ALRC until the federal election on « 24 » November 2007. The Hon Robert McClelland MP was appointed Attorney-General in the new Labor Government and was the Minister responsible for the ALRC at the time of reporting.

The primary function of the ALRC, as set out in s 21 of the ALRC Act, is to advise the Parliament and Australian Government on reform of areas of the law referred to the ALRC by the Attorney-General.

In conducting inquiries into these areas of law, the ALRC is required by s « 24 » to ensure that relevant laws, proposals and recommendations:

Δ do not trespass unduly on personal rights and liberties;

Δ do not make the rights and liberties of citizens unduly dependent on administrative, rather than judicial, decisions; and

Δ are, as far as practicable, consistent with the International Covenant on Civil and Political Rights.

The ALRC also must have regard to any relevant international obligations, and take into account the potential impact of its recommendations on access to justice.

ALRC O r g a n i s a t i o n a l S t r u c t u r e , 2 0 0 7 - 0 8

Review of th e Privacy A ct 1988 (Privacy Inquiry)

Review of Legal Professional Privilege and Federal Investigatory Bodies (Client Legal Privilege Inquiry)

Review of the Freedom of Information Act 1982 (FOI Inquiry)

Research and Records

Executive D ire c to r

P a rt-tim e C o m m is s io n e rs

P re sid e n t

F u ll-tim e C o m m is s io n e rs

Corporate Support

Communications

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Membership Table 1 lists members of the ALRC during 2007-08, and the term of each appointment. As at 30 June 2008, there were six members of the ALRC—three full-time members and three part-time members.

Table 1. Members 2007-08

Commissioner Term of Current Appointment

Full-time Commissioners

Emeritus Professor David Weisbrot AM (President) BA (Hons) (Queens Coll) JD (UCLA) 8 August 2005 to 7 August « 2009 »

Professor Les McCrimmon BA LLB (Alberta) LLM (Qld)

4 January 2005 to 30 June « 2009 »

Professor Rosalind Croucher BA (Hons) LLB (Syd) PhD (UNSW) AMusA (AMEB) FRSA FACLM (Hon)

5 « February » 2007 to 4 « February » 2010

Part-time Commissioners

Justice Susan Kiefel LLM (Cantab)

7 April 2006 to 6 April « 2009 » (resigned 16 August 2007)

Justice Susan Kenny BA (Hons) LLB (Hons) (Melb) DPhil (Oxon)

15 May 2006 to 14 May « 2009 »

Justice Robert French BSc LLB (UWA)

15 July 2006 to 14 July « 2009 »

Justice Berna Collier BA LLB (Qld) LLM (Melb)

2 October 2007 to 1 October 2010

Full-time m em bers

Emeritus Professor David Weisbrot AM Professor Weisbrot has held the position of President of the ALRC since June 1999. His initial three-year term

has been extended twice— in 2000 and in 2005.

Professor Weisbrot is the Chief Executive Officer of the ALRC. He jointly chairs each ALRC inquiry with the Commissioner in charge. The President

has primary responsibility for liaison with the Australian Government, Parliament, stakeholders, and other law reform commissions and agencies in Australia and overseas.

Emeritus Professor David Weisbrot AM

Professor Les McCrimmon.

Professor Les McCrimmon was initially appointed a full-time member of the ALRC for a three-year term, commencing on 4 January 2005. He has since been reappointed, with his current term due to expire on 30 June « 2009 » . He led the ALRC’s landmark Privacy Inquiry, which resulted in the publication of the Report, For Your Information: Australian Privacy Law and Practice, delivered to the Attorney-General on 30 May 2008.

Professor McCrimmon has been chair of the ALRC’s Audit Committee since 21 September 2006.

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Professor Les McCrimmon

Professor Rosalind Croucher

Professor Rosalind Croucher Professor Rosalind Croucher was appointed as a full-time Commissioner for a term of three years, commencing on 5 « February » 2007. She was the Commissioner in charge of the Client Legal Privilege Inquiry and the Freedom of Information Inquiry.

P art-tim e m em bers

Justice Susan Kiefel Justice Kiefel was appointed as a part-time Commissioner of the ALRC on 7 April 2003. At the time of her appointment she was a Judge of the Federal Court of Australia, based in Brisbane. She resigned, on 3 September 2007 with the commencement of her

appointment to the High Court. During 2007-08, Justice Kiefel served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.

Justice Susan Kenny Justice Kenny was appointed as a part-time Commissioner of the ALRC on 14 May 2003. She is a Judge of the Federal Court of Australia, based in Melbourne. During 2007-08, Justice Kenny served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.

Justice Robert French Justice French was appointed as a part-time Commissioner of the ALRC for a period of three years, commencing on 15 July 2006. He has been a Judge of the Federal Court of Australia, based in Perth, since November 1986. During 2007-08, Justice French served

on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.

Justice Berna Collier Justice Collier was appointed as a part-time Commissioner of the ALRC for a term of three years, commencing on 2 October 2007. She has been a Judge of the Federal Court of Australia, based in Brisbane, since « February » 2006. During 2007-08 Justice Collier served on the Divisions dealing with the Client Legal Privilege and Privacy

inquiries.

Farewell to Justice Susan Kiefel

During 2007-08, the ALRC was sad to lose one of its talented part-time Commissioners— Justice Susan Kiefel— but proud that the reason for Justice Kiefel's resignation was her appointment to the High Court of Australia.

In response to the Welcome Speeches on the occasion of her swearing-in as a Justice of the High Court, on 3 September 2007, Justice Kiefel told the audience that:

“Involvement with law reformers can only widen a lawyer’s perspective. I have both enjoyed and gained much from working with the erudite Professor David Weisbrot and the Commissioners of the Australian Law Reform Commission."

Justice Kiefel had been a member of the ALRC since April 2003. She served on the ALRC's inquiries into Gene Patenting and Human Health; Sentencing of Federal Offenders; Uniform Evidence Law; the review of federal sedition laws; Australian privacy laws and practices; and client legal privilege.

Justice Kiefel is also a Foundation Fellow of the new Australian Academy of Law.

behalf of the Commission:

“This is an outstanding appointment. Justice Kiefel has all of the qualities one would expect of an appointee to Australia's highest court. She is not only an exceptional lawyer and judge from a technical point of view, but is also a well- rounded person, with a wide range of interests.

tVe sincerely thank Justice Kiefel for the enormous contribution she has made to the ALRC over the past four-and-a-half years, and we will all miss her warmth, humour, and sound advice. ’’

ALRC Commissioners and staff warmly congratulate Justice Kiefel on her elevation to the High Court. Upon the announcement of Justice Kiefel’s appointment, ALRC President Prof David Weisbrot said on

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Significant Events

Completion of the Review of the Privacy Act 1 9 8 8 (the Privacy Inquiry)

On 30 January 2006, the then Attorney- General, the Hon Philip Ruddock MR issued Terms of Reference asking the ALRC to conduct a review of the Privacy Act 1988 (Cth). That Act arose from a

previous ALRC report, Privacy (ALRC 22, 1983).

The ALRC’s first round of consultation papers for the Privacy Inquiry—Review of Privacy (Issues Paper 31) and Review of Privacy: Credit Reporting Provisions

(Issues Paper 32) were released in December 2006. This meant that during 2007-08, the ALRC completed the enormous round of consultations required to produce Discussion Paper 72, Review of Australian Privacy Law, which was

released on 12 September 2007.

Another intensive round of consultations followed the release of Discussion Paper 72 and its Overview document, These consultations fed into the

production of the Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008), which was provided to the Attorney-General on 30 May 2008. With 295 recommendations for reform, spread across three volumes and 2,700 pages, this is the largest report ever produced by the ALRC.

Further information on the Privacy Inquiry is provided in the Report on Operations.

Completion of Client Legal Privilege Inquiry Client Legal Privilege was referred to the ALRC for Inquiry by the then Attorney-

General, the Hon Philip Ruddock MR on 29 November 2006.

Issues Paper 33, Client Legal Privilege and Federal Investigatory Bodies, was released on 23 April 2007. In the first half of 2007-08, the ALRC completed

consultation on the Issues Paper, released Discussion Paper 73 (also entitled Client Legal Privilege and Federal Investigatory Bodies) and provided the Final Report of the Inquiry to the new Attorney-General, the Hon Robert McClelland MR by the amended reporting date of « 24 » December

2007.

The Final Report—Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2007)—was tabled in federal Parliament on

13 « February » 2007. The Report sets out 45 recommendations to reform the law and practices concerning the handling of claims of client legal privilege over material sought by federal investigatory bodies and royal commissions of inquiry.

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Introduction of Evidence Amendment Bill

On 28 May 2008, the Attorney-General, the Hon Robert McClelland MR introduced the Evidence Amendment Bill into the

House of Representatives. If passed, the Bill will implement almost all of the recommendations in ALRC 102, Uniform Evidence Law (2005), at the federal

level. Further information on the reforms proposed in the Bill is set out in the Report on Operations.

C o l l a b o r a t i o n and C o o p e r a t i o n

Relationship with the Attorney-General and Attorney-General’s Department

Although an independent agency, the ALRC enjoys a strong, open working relationship with the Attorney-General, his office and the Attorney-General's

Department. In 2007-08, many formal and informal meetings involving the ALRC President, Commissioners and staff were held with Mr Ruddock, Mr McClelland, their staff and senior officers of the Attorney-General's Department.

These meetings provided opportunities to discuss a range of issues relating to the operation of the Commission, the progress of current references, the development of new references, and the Australian Government's

response to previous ALRC reports and recommendations.

Associations with other bodies

Positions held by ALRC Commissioners and staff

Professor David Weisbrot

The President of the ALRC is an ex officio member of the Administrative Review Council, and an appointed member of

the Attorney-General's International Legal Services Advisory Committee.

Professor Weisbrot was the Foundation Vice-President of the Commonwealth Association of Law Reform Agencies (CALRAs) and following the resignation of the Foundation President, Justice Elton Singini SC, in August 2006, he agreed to serve (and still serves) as Acting

President.

Professor Weisbrot is a Foundation Fellow of the Australian Academy of Law.

Professor Weisbrot was appointed by the Minister for Health and Ageing to serve as a member of the Human Genetics Advisory Committee (HGAC), a Principal Committee of the National Health and Medical Research Council. The HGAC was established as part of the Australian Government’s response to Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC 96, 2003).

Professor Weisbrot is a Member of the Advisory Council of the National Pro Bono Resource Centre; a member of the Australian Sports Commission Steering Group on Policies and Guidelines on the

Use of Genetic Testing and Information in Sport; and an Associate Member of the International Academy of Comparative

Law. He is an Honorary Professor of the Institute for Molecular Bioscience and

of the Faculty of Law at the University of Queensland and Emeritus Professor at the University of Sydney, where he served between 1994 and 1999.

Professor Weisbrot is an elected member of the Human Genome Organisation (HUGO), in recognition of his work on ALRC 96 as well as on Genes and Ingenuity: Gene Patenting and Human Health (ALRC 99, 2004).

Professor Les McCrimmon

Professor McCrimmon is an adjunct Professor of Law at the University of Technology, Sydney, and during 2007-08 was a member of the Uniform Evidence Act Expert Reference Group, established to advise the Standing Committee of Attorneys-General. He is a founding member of the Global Alliance for Justice Education, and a senior teacher with the Australian Advocacy Institute.

Professor Rosalind Croucher

Professor Croucher is a Foundation Fellow of the Australian Academy of Law, a Fellow of the Royal Society for the Encouragement of Arts, Manufactures and Commerce; an Honorary Fellow of the Australian College of Legal Medicine; an Honorary Fellow of St Andrew’s College of the University of Sydney; an Academician of the International Academy of Estate and Trust Law; a member of the Australian Academy of Forensic

Sciences; a member of the International Association of Women Judges; a member of the Macquarie University Research

Centre for Comparative Law, History and Governance; a member of the Editorial Board of the journal Legal History and a Professor of Law at Macquarie

University, on leave for the duration of her appointment at the ALRC.

Ms Lani Blackman

Research Manager Ms Lani Blackman was an official observer at meetings of the Family Law Council during 2007-08.

Privacy Inquiry: Collaboration with other law reform bodies

The ALRC continued to collaborate with the New South Wales Law Reform Commission (NSWLRC) and the Victorian Law Reform Commission (VLRC) in

relation to privacy-related inquiries.

The NSWLRC had been asked to examine whether existing legislation in New South Wales provides an effective framework for the protection of the privacy of an

individual. The Terms of Reference specifically directed the NSWLRC to liaise with the ALRC’s now completed Privacy Inquiry. The NSWLRC's Consultation

Paper Invasion of Privacy (released May 2007) informed the development of recommendations on this issue by the ALRC.

During 2007-08 the VLRC continued work on the second stage of its review of privacy laws—an inquiry into surveillance

in public places.

The ALRC shared relevant submissions and consultation notes with the NSWLRC and VLRC via a secure website, and the NSWLRC shared relevant submissions with the ALRC. Organisations and

individuals that provided submissions were informed of this arrangement, and given an opportunity to direct that their

submission not be shared.

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Solomon Islands Law Reform Commission’s Visit In late November and early December 2007, the ALRC hosted a visit from officers of the Solomon Islands Law Reform Commission (SILRC). The 10-day visit, funded by the Solomon Islands Government, was to provide assistance and training to the Executive Officer and newly appointed Legal Officers who will form the basis of the fledgling organisation. The visit followed on from previous discussions with the SILRC requesting advice and assistance as it establishes itself as an important part of the legal system in the Solomons, and the ALRC's successful training program delivered to the Papua New Guinea Constitutional and Law Reform Commission in Port Moresby in « February » -March 2007.

The Solomon Islands Law Reform Commission was first established in 1994, but was largely defunct until a recent reinvigoration as part of the Law and Justice Program of

(Left to right) Mr Michael Pitakaka, Ms Anna Guthleben, Mr Houlton Faleomanu Faasau and Ms Kathleen Kohata of the SILRC.

Ms Kathleen Kohata and Mr Houlton Faleomanu Faasau.

the Regional Assistance Mission to the Solomon Islands (RAMSI). The Chairman, the Hon Justice Frank Kabui CMG CSI QBE, was appointed in 2005, and participated in the Australasian Law Reform Agencies Conference hosted by the ALRC in April 2006. Following her appointment in early 2007, Executive Officer Anna Guthleben has been

in regular communication with the ALRC as she has taken on the task of establishing a working organisation. Legal officers Michael Pitakaka, Houlton Faasau and Kathleen Kohata were appointed in 2007 and took part in the visit to the ALRC.

During the visit, workshops and information sessions were presented by ALRC Commissioners and staff on a wide range of topics relating to law reform and running a law reform organisation. These included an in-depth discussion about the history,

role and functions of the ALRC and law reform commissions in general: a session with the Inquiry teams on the process of running a law reform inquiry from beginning to end; a presentation from the Communications team on liaison with the media and using alternative formats to publicise the functions of the organisation; and discussions regarding legal information resources. Workshops were also led by ALRC

staff on legal research techniques and writing law reform publications.

The visit also gave the ALRC staff an opportunity to learn more about the Solomon Islands, its people, and some of the challenges the country faces in instituting a secure law and justice program. The need to adjust law reform techniques used in

Australia to work within the Solomon Islands environment was a constant feature of discussions between the two commissions.

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During 2007-08, the New Zealand Law Commission (NZLC) continued work on the Review of Privacy that it commenced in 2006. The ALRC met with the President of the NZLC, Sir Geoffrey Palmer, twice— once in Wellington, once in Sydney in

May 2008, to discuss the progress of the Commissions’ inquiries.

Collaboration with regional law reform bodies

As part of the Corporate Plan 2006-2008 (see Appendix A), the ALRC is committed to providing information and assistance to law reform bodies in developing countries,

particularly those in the Asia-Pacific region.

During 2007-08, the ALRC provided regular advice and information to the Solomon Islands Law Reform

Commission. From 27 November to 6 December 2007, four representatives of the Solomon Islands Law Reform Commission visited the ALRC for a series of briefings, training sessions and

meetings with other state and federal government agencies.

Australasian Law Reform Agencies Conference 2008

The ALRC provided practical assistance to the School of Law of the University of the South Pacific in relation to planning for the Australasian Law Reform Agencies Conference (ALRAC), to be held in Port Vila, Vanuatu, in September 2008.

Informal associations with other law reform bodies

The ALRC continues to take a leading role in fostering informal associations

with other Australian and international law reform officers and agencies.

Other law reform agencies make regular contributions to the ALRC’s journal, Reform, with articles on their work programs. The ALRC also compiles a list of recent law reform publications and areas of law under review. This list is updated twice a year. It has been a regular feature of Reform but is now also available on the ALRC website.

The Australian Law Students Association

During 2007-08, the ALRC continued to support the Kirby Cup Law Reform Competition, now a joint initiative with the Australasian Law Students Association

(ALSA).

The Kirby Cup

Relationships with universities

As part of its commitment to promoting the role of law reform, the ALRC offers an internship program to provide law students with the opportunity to conduct applied research and directly participate in the ALRC's work.

The ALRC continues to offer internship opportunities to students from a wide range of Australian universities, placing ten students in the 2007-08 reporting year. The ALRC also has arrangements with several American universities to offer placements as part of their summer externship programs, and in 2007-08 accepted one intern from the

University of Maryland School of Law. For further details of the ALRC internship program, see page 80.

Contributions to extern al inquiries

The ALRC provides briefings to parliamentary committees, ministers, government departments, and other bodies to ensure that its reports and recommendations are well understood and taken into account in legal policy development, and that the experience and knowledge developed during references are shared for the benefit of the Australian community.

The ALRC also makes written submissions where appropriate.

The ALRC is guided by a protocol that outlines when it is appropriate for the ALRC to make an external submission. The considerations include:

Δ the consonance of issues raised in the review or inquiry being undertaken by the external body and issues covered in current reference work or past reference work of the ALRC;

A the consonance of issues raised in the review or inquiry being undertaken by the body and the expertise and knowledge of current Commissioners and staff members; and

Δ the availability of, and impact upon, ALRC resources.

Submissions are made available on the ALRC website.

During the reporting period, the ALRC made three written submissions drawing on current and past inquiries (see Table 2, on page 26).

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Table 2. Submissions made by the ALRC to other inquiries

Agency Conducting Date of Subject Matter Related ALRC Reference Inquiry Submission

NSW Legislative 12 December Publication of ALRC 108, For

Council Standing 2007 names of children Your Information:

Committee on Law involved in criminal Australian Privacy

and Justice proceedings Law and Practice

(2008); ALRC 103, Same Crime, Same Time: Sentencing of

Federal Offenders (2006); ALRC 98, Keeping Secrets: The Protection of Classified and Security Sensitive Information (2004); ALRC 87, Seen and Fteard: Priority for Children in the Legal Process (1997)

Australian 26 « February » Possible ratification ALRC 96, Essentially

Government 2008 of the UN Yours: The Protection

Attorney-General's Convention on the of Flu man Genetic

Department Rights of Persons Information in Australia

with Disabilities (2003)

Australian Parliament 30 June 2008 Inquiry into the The impact of Joint Committee of effects of the efficiency dividend on

Public Accounts ongoing efficiency the ALRC’s functions

and Audit dividend on smaller

public sector agencies

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Professor Les McCrimmon at the media launch of the Review of Australian Privacy Law (DP 72, 12 September 2007)

Report on Operations

Senior Legal Officer, Ms Isabella Cosenza in the ALRC’s Michael Kirby Library

Outcome and Outputs Structure

O utcom e

Key Effectiveness Indicator

O Broad-based community involvement in law reform

Key Effectiveness Indicator O Reception of law reform reports and recommendations

Key Performance Measures

O Positive critical feedback on quality of reports

0 Percentage of reports implemented by those to whom recommendations are targeted

Key Performance Measures

O Extent of community participation, especially relevant professional, industry and interest groups

O utput 12 O u tp u t 1.1 Information and education services to enhance community consultation and participation

in the law reform process

Reports and community consultation documents

The development and reform of aspects of the laws of Australia to ensure that they are equitable, modern, fair and efficient

Key Performance Measures

Quality:

0 Timely completion of references within agreed parameters

0 Extent to which publications are well received by stakeholders and stimulate public debate

Quantity:

0 Appropriately wide distribution of community consultation documents: >2,000 per annum hard copies plus electronic availability

Key Performance Measures

Quality: °

0 Provision of timely and accessible information ■§ via website, media and articles in Reform and Jj-other journals

Quantity: g

0 10% per annum increase in website hits §

0 Regular publication of journal Reform S

0 Regular contributions to external journals, public speaking engagements and institutional | visits ^

Outcomes Report The ALRC has one outcome—the development and reform of aspects of the laws of Australia to ensure that they are equitable, modern, fair and efficient.

The ALRC reviews Commonwealth laws and processes as referred by the Attorney-General and develops proposals for the development, modernisation and simplification of the law, to improve access to justice, and to remove defects in the legal system. The ALRC aims to ensure that the laws under review and proposals for reform of those laws do not trespass on Australia’s international human rights obligations.

The ALRC also seeks to educate the community about the importance of law reform through its journal Reform, public presentations, the ALRC website and engagement of the mainstream media. It also develops working relationships—with

key stakeholders, the Australian and international law reform community and others—that may benefit the law reform process in the future.

Inquiries for 2 0 0 7 - 0 8

Client Legal Privilege and Federal Investigatory Bodies

About the Inquiry

Privilege in Perspective recommended 45 changes to the handling of claims of client legal privilege over material sought by federal investigatory bodies and royal commissions of inquiry.

The Inquiry found general support for maintaining privilege as a fundamental right of clients, which only should be

abrogated or modified in exceptional circumstances.

When properly exercised, privilege encourages compliance with the law by creating an environment in which clients can make full and frank disclosure and receive accurate legal advice. However, the report recognised that privilege must be balanced with the public interest in ensuring efficient, effective investigations.

Many of the Report’s recommendations focus on streamlining the process for handling claims of privilege, and deterring or punishing abuses.

Consultation

The ALRC developed a consultation strategy for this Inquiry that encouraged participation and input from a wide

spectrum of stakeholders. During the reporting period, 17 consultation meetings were held (most of them involving multiple participants).

As is standard practice in all ALRC inquiries, the ALRC appointed an expert Advisory Committee. This Committee met on 26 July 2007 to consider the draft proposals for the Discussion Paper and on 15 November 2007 to consider the draft recommendations for the Final

Report.

The ALRC received 116 written submissions on aspects of client legal privilege—48 of those within the 2007-08 year. A key theme that emerged in consultations and submissions

was that the problem relating to client legal privilege in the context of federal investigatory bodies lay mainly in the domain of practice and procedure rather than doctrinal law. Consequently, if there were greater transparency, and clearer guidelines and procedures, many of the present problems could be solved. Further, a greater framework of cooperation and trust could be generated, while still respecting the fundamental

principle of client legal privilege.

Key recommendations

The central task for the ALRC was to develop a sensible and workable balance between facilitating investigations by federal regulators and royal commissioners— particularly where claims of privilege may be used primarily as

a tactic to frustrate investigations and prolong litigation— and protecting the strong public interest in clients being able

to communicate with their lawyers in a completely candid manner in order to get proper legal advice.

The key recommendations emerging from the Final Report include: (a) the enactment of a statute of general application to cover aspects of the law and procedure governing client legal

privilege claims in federal investigations; (b) the setting out of procedures with respect to the making and resolution

of client legal privilege claims; and (c) the extension of privilege, in defined

circumstances, to include tax advice.

The ALRC recommended that the blunt instrument of abrogation only should be

The Client Legal Privilege team from left to right: Ms Isabella Cosenza, Emeritus Professor David Weisbrot AM, Professor Rosalind Croucher and Ms Kate Connors

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employed by Parliament in exceptional circumstances, after it has considered:

(a) whether the subject of the investigation or inquiry concerns a matter of major public importance that has a significant impact on the community in general or on a section of the community, or is a covert investigation; (b) whether the information sought can be obtained in a timely and complete way by using alternative means that do not require abrogation of client

legal privilege; and especially (c) the degree to which a lack of access to the privileged information will hamper or frustrate the operation of the investigation and, in particular, whether the legal advice itself is central to the issues under investigation.

Client legal privilege may be modified or abrogated by legislation where the Parliament chooses to give higher priority to the interests of investigatory bodies in accessing information than to the interests served by maintaining

privilege—this is the case generally under the Royal Commissions Act 1923 (NSW), and specifically under the James Hardie (Investigations and Proceedings) Act 2004

(Cth).

Privacy Inquiry

The ALRC’s work program for 2007-2008 was dominated by the review of the Privacy Act 1988 (Cth). Terms of Reference for this Inquiry were received in January 2006. The two-year review incorporated one of the most extensive

consultation programs ever conducted by the ALRC and drew together many of the common themes evident across the ALRC’s 33-year body of work: the imperative to modernise the law in the

face of changing technology and social attitudes; the need for streamlined and harmonised law across Australia in the interests of accessibility for individuals and reduced compliance costs for business; and the critical importance of directly engaging experts, key stakeholders and the general community in the policymaking process.

On 12 September 2007, the ALRC released a Discussion Paper, Review of Australian Privacy Law (DP 72, 2007), seeking community feedback on 301

proposals for reform of privacy law and related practices. As a companion to this 1,977 page document, the ALRC also produced a summary document, Review of Australian Privacy Law—An Overview

(DP 72 Overview, 2007).

These documents followed the publication of three consultation documents released in the previous reporting period (Review of Privacy, IP 31, 2006; Review of Privacy — Credit Reporting Provisions, IP 32, 2006

and Reviewing Australia's Privacy Laws:

Is Privacy Passe?, IP 31 & 32 Overview, 2006).

The ALRC's Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008), was completed on schedule and transmitted to the Attorney-General, the Hon Robert

McClelland MR on the reporting date of 30 May 2008, awaiting tabling in the 2008-09 reporting period.

About the Inquiry

The Privacy Act 1988 (Cth) is the product of a previous ALRC inquiry conducted from 1976-83. The recommendations contained in Privacy (ALRC 22, 1983)—

The Privacy team from left to right: Ms Erin Mackay, Ms Carolyn Adams, Ms Althea Gibson, Emeritus Professor David Weisbrot AM, Professor Les McCrimmon, Mr Jonathan Dobinson, Ms Kate Connors, Ms Isabella Cosenza and Ms Lisa Eckstein

also a three volume report, completed after a major, seven year, research and policy development exercise— led to the enactment of the Privacy Act. Although the Act is only 20 years old, it pre-dates the advent of supercomputers, the

internet, mobile phones, digital cameras, e-commerce, sophisticated surveillance devices and social networking websites— all of which have challenged our

capacity to safeguard sensitive personal information. While the Privacy Act works reasonably well, it was considered important that it be reviewed to take account of the massive changes brought about by the information revolution and developments in technology, including the internet.

The ALRC’s Terms of Reference required it to consider:

Δ relevant existing and proposed Commonwealth, State and Territory practices;

Δ other recent reviews of the Privacy Act;

Δ current and emerging international trends in other jurisdictions;

Δ any relevant constitutional issue;

Δ the need of individuals for privacy protection in an evolving technological environment;

Δ the desirability of minimising the regulatory burden on business in this

area; and

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Δ any other related matter.

Consultation

As part of the Privacy Inquiry, the ALRC considered 585 submissions received from a broad cross-section of individuals, private sector organisations

and government agencies. 284 of those submissions were lodged within the reporting period.

About 80 face-to-face meetings were held as part of the Privacy Inquiry in 2007-08, including a series of roundtables on a variety of themes including: credit reporting; telecommunications; the privacy principles; children and young people; and health and research.

To facilitate public engagement and stakeholder participation in this reporting period, the ALRC published a Discussion Paper, Review of Australian Privacy Law

(DP 72) on 11 September 2007, as well as a concise overview of that document aimed at the non-specialist audience. Overall, during the course of the Inquiry, the ALRC organised:

Δ 250 face-to-face meetings with individuals, organisations and agencies;

Δ major public forums in Melbourne (focusing on consumers and privacy), Sydney (focusing on business and privacy) and Coffs Harbour (focusing on health privacy and research);

Δ six dedicated workshops for children and young people (13-25 years old);

Δ a series of roundtables with individuals, agencies and organisations on a variety of themes including: credit reporting;

telecommunications; the privacy principles; children and young people; and health and research.

The ALRC continued to maintain its Talking Privacy’ website, designed specifically to engage young people.

These consultation initiatives followed on from extensive consultations in the previous reporting period, including a highly publicised ‘National Privacy Phone-In’, during which more than 1,300 members of the public contacted the ALRC to share their experiences, ideas and attitudes about privacy protection.

Information privacy touches almost every aspect of a person’s daily life, including their medical records and health status, financial and credit status, with personal details collected and stored on a multiplicity of public and corporate databases both within Australia and internationally. The overwhelming message arising from ALRC consultations was that Australians do care about

privacy, and want a simple, workable system that provides effective solutions and protections.

The ALRC Inquiry had to balance this desire for privacy against other interests that were also keenly advocated, such as for freedom of expression, child protection, law enforcement, national security and the significant benefits

and convenience of internet banking, e-commerce and social networking sites (such as MySpace and Facebook).

Collaboration

The ALRC established an expert Advisory Committee, which met once during the

reporting period, on 27 March 2008. In addition, a number of sub-committees were established to provide advice in relation to particular subjects including

health privacy; credit reporting and developing technologies. Sub-committee members played an integral role in the development of proposals for the Privacy Inquiry publications.

During the course of this Inquiry, the Victorian Law Reform Commission, the New South Wales Law Reform Commission and the New Zealand Law Commission also conducted privacy

inquiries. These Commissions and the ALRC produced separate consultation papers and final reports, but worked closely and cooperatively, sharing ideas,

information and notes from a number of consultation meetings.

Open and accountable government: FOI and secrecy laws

For more than a decade, the ALRC has provided reports and recommendations that may be grouped around the aim of promoting more open, transparent and

accountable government in Australia—for example, inquiries into improving freedom of information (FOI) laws, privacy laws and practices, the protection of classified and

security sensitive information, and client legal privilege in federal investigations.

In July 1994, the ALRC commenced work on a review of FOI law and practice in association with the Administrative Review Council. That joint Inquiry concluded its work in late 1995, and the Final Report, Open Government: A Review of the Freedom of Information Act 1982

(ALRC 77, 1995), was tabled in Parliament in January 1996.

The Open Government report noted that ‘more must be done to dismantle the culture of secrecy that still pervades some aspects of Australian public sector administration’, and made 106

recommendations for reform of FOI laws

and practices.

On « 24 » September 2007, the ALRC received Terms of Reference for another Inquiry into FOI laws, with special emphasis placed on the improvement and harmonisation of federal, state and territory FOI laws and practices.

Federal elections were held exactly two months later, resulting in a change of Government. The Australian Labor Party went into the 2007 election with an

express commitment to implement the central recommendations of the ALRC’s Open Government report— including the creation of a Federal Information Commissioner and the rationalisation of exemption provisions— as well as to abolish conclusive ministerial certificates.

Once in Government, it was determined that: (a) responsibility for FOI, privacy and related matters—and with it the Information Law Branch of the Attorney-

General’s Department—would move to the Department of Prime Minister and Cabinet under the direct supervision of the Special Minister of State, the Hon

Senator John Faulkner; and (b) the FOI commitments would be advanced through a public consultative process involving the release of exposure drafts of the proposed legislation later in 2008.

In the circumstances, the ALRC considered that parallel reviews of this area might be confusing for stakeholders

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and would not represent the most productive use of the Commission’s time and resources. Instead, the ALRC could make a much more effective contribution by conducting a review of the operation of the new FOI system a few years down the track, when we would be in a position to assess how well the new laws and institutions are working in practice.

On 21 July 2008, Attorney-General McClelland wrote formally to the ALRC revoking the original Terms of Reference for the FOI inquiry, and indicating that ‘a

Freedom of Information reference may be more appropriately considered by the Commission after the Government’s reforms have been implemented and

operating for a reasonable period of time’.

Although formally commencing in the next reporting period (with new Terms of Reference received on 5 August 2008), the ‘replacement’ project for FOI is a

Review of Secrecy Laws—flowing out of the same concerns about balancing the protection of sensitive Commonwealth information with the imperative to maintain open and accountable government.

In fact, in the 1995 Open Government report, the ALRC expressly recommended that there be a review of all secrecy provisions in federal legislation to ensure that they do not impose prohibitions on the disclosure of government-held information that are broader than the exemption provisions in the Freedom of Information Act 1982 (Cth). This view was

re-emphasised and broadened a decade later in Keeping Secrets: The Protection of Classified and Security Sensitive Information (ALRC 98, 2004), in which the ALRC recommended a major review of

federal secrecy provisions generally (a similar recommendation appears in the Final Report of the Privacy Inquiry). We are pleased now to be asked to undertake

this work.

Key Effectiveness In d icato r 1

Broad-based com m unity involvement in law reform

The ALRC measures its effectiveness in achieving its outcome by the extent of community participation in its work.

Community consultation is the cornerstone of the ALRC’s approach to developing effective, practical recommendations for law reform. The ALRC’s strategy to ensure broad-based consultation is incorporated into the Corporate Plan 2006-08. This strategy involves establishing and maintaining good communication with relevant sectors of the community during the Commission’s inquiries and other work, and organising targeted consultations with

key interest groups and individuals.

The consultation strategy for each inquiry varies, depending upon the subject matter of the inquiry, the nature of the stakeholders involved, and their previous exposure to the law reform process. The level of community involvement in a given reporting year will depend on the stage reached by the inquiry.

The Privacy Inquiry commenced in early 2006, and by 2007-08 the ALRC was finalising a large round of consultations that led to the production of Discussion Paper 72, Review of Australian Privacy Law (DP 72, September 2007). The ALRC then

launched a further round of consultations on the proposals for reform set out in DP 72, which informed the preparation of the Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008).

The ALRC worked on three inquiries during 2007-08: the Privacy Inquiry, the Client Legal Privilege Inquiry and the Freedom of Information Inquiry.

The ALRC had started work on the Client Legal Privilege Inquiry in late 2006 and by the commencement of 2007-08 was involved in consultations that led to the production of Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies (DP 73, September 2007). A further round of consultations informed the development of the

Final Report—Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2007).

The ALRC commenced work on the Freedom of Information Inquiry in early 2008 and undertook some preliminary research for this reference.

Advisory Com m ittees

The ALRC establishes a broad-based expert Advisory Committee for each inquiry. The Advisory Committee helps the ALRC to identify the main issues in each inquiry and to determine priorities for reform. The Advisory Committee also provides direction for the ALRC’s research and consultation process, and comments on draft publications,

proposals and final recommendations.

Members of the Advisory Committees are selected for their ability to provide the ALRC with a wide range of experience, and generally consist of experts in the particular field under review, as well as representatives from agencies or industries that are likely to be affected by reform proposals.

Advisory Committee meetings are generally held two or three times during the course of an inquiry. No sitting fees are paid, but the ALRC covers travel expenses where required.

In 2007-08 the ALRC:

Δ held one Privacy Advisory Committee meeting and one Client Legal Privilege Advisory Committee meeting;

Δ produced three consultation documents;

Δ received 283 submissions on Privacy and 46 on Client Legal Privilege; and

Δ held 62 consultation meetings for the Privacy Inquiry and 17 for Client Legal Privilege.

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During 2007-08, the Privacy Advisory Committee met once—on 27 March 2008—and the Client Legal Privilege Advisory Committee met once—on 15 November 2007.

The specialist sub-committees to the Privacy Advisory Committee, in the areas of Credit Reporting, Developing Technology, and Health, did not meet face-to-face during 2007-08 but remained an important source of advice to the ALRC. Members of the

Credit Reporting Sub-Committee were invited to two Credit Reporting Roundtables in November 2007 and members of the Developing Technology and Health Sub­ committees were consulted on draft ALRC proposals via email.

An Advisory Committee was established for the Freedom of Information Inquiry but did not meet prior to 30 June 2008.

A list of members of ALRC Advisory Committees in 2007-08 is included in Appendix D.

Consultation documents

The ALRC produces at least one— and usually two—consultation papers during each inquiry, which are disseminated widely and are free of charge for the life of the inquiry.

In most inquiries, the ALRC will produce an issues paper, then a discussion paper, each of which informs a phase of community consultation, before preparing a final report.

The place of consultation papers in the typical inquiry process is demonstrated in the following flowchart.

Figure 1: Flowchart for a typical ALRC inquiry

T e rm s o f R eference / " VConsultations

Consultations

A d v is o ry C o m m itte e

>

ISSUES PAPER

Submissions

Further research

A d v is o ry C o m m itte e

DISCUSSION PAPER

Further research

A d v is o ry C o m m itte e

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FINAL REPORT

FINAL REPORT TABLED IN PARLIAMENT

Consultation papers are available in hard copy, on CD-ROM and on the ALRC website (as an HTML document and as RTF and PDF downloads). ALRC

publications can be made available upon request in a range of accessible formats for people with a disability.

Three consultation documents were published in 2007-08:

The Discussion Paper for the Privacy Inquiry— Discussion Paper 72, Review of Australian Privacy Law (DP 72)—was released on 12 September 2007. The ALRC released an overview of DP

72—Review of Australian Privacy Law:

An Overview— on the same day.

The Discussion Paper for the Client Legal Privilege Inquiry— Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies (DP 73)— was released on 26 September 2007.

Subm issions

Traditionally, the main avenue for community participation in an inquiry was through formal written submissions. While the ALRC still seeks and receives such

submissions, there are now many other ways for members of the public to provide their views.

Online comment forms are available on the ALRC website for each of the current inquiries. Email submissions—which can range from a list of dot points to a more

substantial document— are becoming more common. The ALRC also receives oral submissions through discussions in meetings or by telephone. Records of

these communications are maintained for internal use, and cited where appropriate in consultation papers and reports.

A full list of submissions to an inquiry is included in each final report. On occasion, the ALRC also accepts submissions made in confidence. Confidential submissions may include personal experiences, where there is a wish to retain privacy,

or other sensitive information, such as commercial-in-confidence material.

During the course of the Privacy Inquiry, the ALRC found that some members of the public preferred to provide anonymous

comments, so the online comment forms were modified to allow each person making a comment to choose whether to

provide a name and contact details.

The number of submissions received in any given year will vary according to the nature of the inquiry, the stages of the inquiry that occur during the year, the degree of media coverage, and the

number and range of stakeholders.

In 2007-08, the ALRC received 283 submissions to the Privacy Inquiry and 46 submissions to the Client Legal Privilege

Inquiry.

During 2007-08, the ALRC received 329 written submissions to the Privacy and Client Legal Privilege inquiries.

Consultation Meetings

In the consultation phases of each inquiry, which usually follow the release of each consultation document, the ALRC endeavours to schedule meetings with

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relevant individuals and organisations. These always include meetings outside Sydney and are generally attended by one or more Commissioners and at least one member of the legal staff.

In 2007-08, the ALRC convened 78 consultation meetings.

Privacy consultation meetings

In 2007-08, the ALRC held 62 consultation meetings as part of the Privacy Inquiry, meeting with members of the judiciary; federal, state and territory government agencies; community and consumer groups; representatives of the legal profession; and academics. When combined with the consultations held earlier in the Privacy Inquiry, this

constituted the largest community consultation process in the ALRC’s 33-year history.

Privacy roundtables

As part of this consultation process, the ALRC held a number of themed 'roundtables’, to bring key stakeholders together to debate significant policy issues. Roundtables were convened in relation to:

Δ the Unified Privacy Principles (Canberra, « 24 » October 2007, and Sydney, 8 November 2007);

Δ Telecommunications (Sydney, 5 November 2007); and

Δ Credit Reporting (Sydney, 13 November 2007).

Advisory Committee Meeting for the Client Legal Privilege Inquiry

Workshops for young people and privacy

Following on from the series of specialist youth workshops convened earlier in the Privacy Inquiry, during 2007-08 the ALRC convened two workshops in Sydney

specifically for young people. These workshops provided an opportunity for young people to comment on the ALRC's proposals in DP 72, which fed into the

recommendations in the Final Report of the Privacy Inquiry.

Client Legal Privilege consultations

The ALRC held 16 consultation meetings as part of the Client Legal Privilege Inquiry. These meetings involved federal investigatory bodies; judges; other government agencies; legal professional associations; and associations representing other professions.

A list of all individuals and organisations consulted is included in each ALRC consultation paper and report.

Key Effectiveness Indicator 2

Reception of law reform reports and recom m endations

The ALRC also measures effectiveness by analysing critical feedback on the extent to which recomendations are implemented.

Positive critical feedback on quality of reports

The ALRC continued to receive positive feedback on the quality of its work and inquiry reports during the reporting period.

ALRC reports continue to inform parliamentary debate. Of particular note

in the reporting period was the ALRC’s 2005 report, Uniform Evidence Law, which was repeatedly referred to in debate on the Evidence Amendment Bill

2008. The Bill incorporates almost all of the recommendations of the Evidence report—the product of a joint Inquiry with the New South Wales and Victorian law

reform commissions.

As well, ALRC reports are cited in Australian courts (see Appendix H ‘Citations of ALRC reports in major court decisions'), and in numerous academic

articles and other publications.

Court citations

During 2007-08, there were more than 63 references to ALRC reports in reported decisions of major courts, including 11

High Court decisions, 15 Federal Court decisions, two Family Court decisions and 32 decisions of state and territory Supreme Courts, or Courts of Appeal.

A full list of court citations identified by the ALRC is included in Appendix H.

Percentage of reports implemented by those to whom recommendations are targeted

The ALRC has no direct role in implementing its recommendations. As there is no statutory requirement for the Australian Government to respond formally to ALRC reports, the ALRC

monitors major developments in relation to issues covered in its past reports, and assesses the level of implementation that those reports have achieved. It is not

uncommon for implementation to occur some years after the completion of a report.

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During 2007-08, activity in relation to one report moved it up to the status of partially implemented, and three reports received further partial implementation. In addition to the two new reports completed

in 2007-08, one older report was added to the list of reports under active consideration.

As at 30 June 2008:

Δ 58% of reports had been substantially implemented;

Δ 29% of reports had been partially implemented;

Δ 8% of reports without any implementation to date were currently under consideration; and

Δ 5% of reports had not yet been implemented.

Implementation by government is not the sole measure of the success of a report. Increasingly, the ALRC makes recommendations aimed at other bodies, including the courts, regulators, other government instrumentalities, the legal profession, educators, and other professions and industries. Monitoring implementation therefore involves consideration of the actions of all of these bodies and not merely the enactment of legislation.

The ALRC considers that a report is substantially implemented when the majority of the report’s recommendations, including key recommendations, have

been implemented by those to whom the recommendations are directed. Partial implementation refers to implementation of at least some recommendations

of an ALRC report. The ALRC takes a conservative approach when considering whether a report has been ‘partially’ or ‘substantially’ implemented. The term proposals under consideration applies to reports that have received a positive

response from those to whom the recommendations are directed but are still awaiting implementation, and to those that

have been completed within the past two years and are yet to receive a response.

A number of reports that have been partially implemented are also being considered for further implementation— this is indicated in the implementation status field in Appendix F.

As at 30 June 2008, the Commission had completed 75 reference-related reports. Forty-three (58%) of those reports have been substantially implemented. There was no change in the number of reports substantially implemented in 2007-08.

Twenty-two reports (29%) have been partially implemented, One report has been documented as partially implemented for the first time during 2007-08. A review of the recommendations of Unfair Publication: Defamation and Privacy (ALRC 11,1979) found that the enactment of the uniform Defamation Act in each Australian jurisdiction in 2005 and 2006 implemented the key thrust of the recommendations

in ALRC 11 regarding the establishment of uniform defamation laws. While the Report had been influential in promoting discussion of the need for uniform defamation laws, no implementation had occurred until 2005 and 2006. The recommendations in ALRC 11 relating to

an action for unfair publication of sensitive private facts have not been implemented, although were reconsidered as part of the ALRC's Privacy Inquiry completed in 2008.

While there was no change to the status of the report Uniform Evidence Law (ALRC 102, 2005), which received partial implementation in 2006, the recommendations of the Report were adopted by the Standing Committee of Attorneys-General in July 2007 in the form of a model Uniform Evidence Bill. Relevant amendments were passed by the New South Wales Parliament in the Evidence Amendment Act 2007 (NSW), but the date

of commencement of the provisions has not yet been proclaimed, with the hope that the Commonwealth Evidence Act will soon be amended and the changes can commence operation at the same time. The Evidence Amendment Bill 2008

(Cth) was introduced to Parliament in May 2008, and it is expected that the

recommendations of ALRC 102 will be substantially implemented at the federal and New South Wales levels in 2008-09.

There were further developments in 2007-08 in relation to the report Essentially Yours: The Protection of Human Genetic Information (ALRC 96, 2003), which was already partially implemented.

In response to Recommendation 11-2 of the Report, which recommended the development of ethical standards for medical genetic testing, in 2007 the

National Pathology Accreditation Advisory Council (NPAAC) published Classification of Human Genetic Testing 2007 Edition, which is a supplementary guide to the

Laboratory Accreditation Standards and Guidelines for Nucleic Acid Detection and Analysis (2006). The new supplement took effect from 1 January 2008.

Another partially implemented report that was further implemented during the year was Legal Risk in International

Figure 2: Implementation status of ALRC Reports as at 30 June 2008

Proposals under

Nil Consideration

Implementation 8%

Partial Implementation

Substantial Implementation

29% 58%

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Transactions (ALRC 80, 1996). The Report had urged the Australian Government to be involved in the UNCITRAL Working Group on Insolvency with a view to adoption of the UNCITRAL Model Law on Cross-Border Insolvency. The Model Law was finalised by UNCITRAL in 1997, and the Cross-Border Insolvency Act 2008

(Cth) will implement the Model Law into Australian law. The substantive provisions of the Act are expected to commence operation in November 2008.

Six further reports (8%) have not been implemented to date but are under active consideration. These include the ALRC's two reports completed in 2007-08—For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008) and Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2008)— as well as the reports Fighting Words: A Review of the Sedition Laws in Australia (ALRC 104, 2006) and Same Crime, Same Time: Sentencing of Federal Offenders (ALRC 102, 2006).

In 2007-08, the ALRC has placed the report Open Government: A Review of the Federal Freedom of Information Act 1982 (ALRC 77, 1996) on the list of reports under active consideration, with the recommendations being considered

by the Australian Government consistent with Labor's election policy on freedom of information laws. The report Personal Property Securities (ALRC 64, 1993) continues to be under active consideration with the release in May 2008 of the

Exposure Draft Personal Property Securities Bill.

This leaves only four of the 75 reports (5%) completed by the ALRC that have not been implemented at all, and are not

under active consideration. Two of those reports cover the same topic of public interest standing (ALRC 78, 1996, and ALRC 27, 1985).

Figure 2 on page 43 indicates the implementation status of ALRC reports as at 30 June 2008 and Appendix E provides a detailed update on action in relation to ALRC reports during 2007-08. Appendix F provides a brief overview of the implementation status of every ALRC

report. The ALRC website includes a description of all implementation activity that has occurred in relation to each report since tabling.

ALRC Commissioners and Staff

Back row from left to right:

Ms Vicki Jackson, Ms Lani Blackman, Ms Carolyn Kearney, Mr Jonathan Dobinson, Ms Kate Connors, Ms Carolyn Adams, Ms Tina O’Brien and Ms Esther Naulumatua.

Front row left to right:

Ms Alayne Harland, Ms Maria Zacharia, Ms Erin Mackay, Mr Bruce Alston, Ms Lisa Eckstein, Ms Trisha Manning, Ms Dimitra Zinonos and Ms Lucy Kippist.

Seated left to right:

Professor Rosalind Croucher, Mr Alan Kirkland and Emeritus Professor David Weisbrot AM.

Absent: Professor Les McCrimmon.

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Outputs Report

Output 1.1 Reports and community consultation documents

Quality

Timely completion of references within agreed parameters

The ALRC completed two inquiries—the Privacy and Client Legal Privilege inquiries— in 2007-08.

The ALRC’s reporting dates are normally incorporated into the Terms of Reference, settled before the ALRC begins any research on the subject under inquiry.

The reporting date for the Client Legal Privilege Inquiry was originally 29 November 2006. On 6 December 2007, the Attorney-General, Mr Robert

McClelland, extended the reporting date to « 24 » December 2007. The Final Report of the Client Legal Privilege Inquiry was delivered to the Attorney-General on that date.

The reporting date for the Privacy Inquiry was originally 31 March 2008. On 11 « February » 2008, the Attorney-General extended the reporting date to 30 May 2008. The Final Report of the Privacy

Inquiry was delivered to the Attorney- General on that date.

In each of these inquiries, the ALRC received a number of submissions— including submissions from important

stakeholders—after the final deadline for submissions. The ALRC requested an extension of the reporting date for each inquiry in order to allow the views of those stakeholders to be taken into account in the preparation of the final reports.

Extent to which publications are well received by stakeholders and stimulate public debate

The ALRC’s primary stakeholders are the Australian Government and Parliament. Other core stakeholders—common to

most inquiries— include the judiciary, the legal profession and academics. Each inquiry will have additional stakeholders, and may include other professionals and industries, peak associations and community groups.

The discussion (above) relating to positive critical feedback on the quality of reports provides one indication of the positive reception of ALRC publications by stakeholders. Another is the willingness of stakeholder groups to make submissions and participate in consultation meetings and other ALRC events (also discussed above).

The reaction to publications and their role in public debate is also indicated by the degree to which Commissioners and staff are invited to speak about current

inquiries and consultation papers. In 2007-08:

Δ Commissioner Professor Rosalind Croucher delivered a speech ‘Client legal privilege and federal investigatory bodies—emerging issues and themes’ at the 3rd Public Sector In-House Counsel Forum, Canberra, September 2007.

Δ Commissioner Les McCrimmon presented ‘Review of Australian Privacy Law: Credit Reporting Provisions' at the 17th LexisNexis Credit Conference, Gold Coast, September 2007.

Δ The President gave a presentation entitled ‘Review of Australian Privacy Law’ at the KPMG and Information Integrity Solutions Forum in Sydney, October 2007.

Δ Professor Croucher presented ‘Client Legal Privilege and Federal Investigations— principled proposals’ at the Australian Corporate Lawyers Association, Melbourne, November 2007.

Δ Professor McCrimmon presented ‘Too Much or Not Enough: A Review of Australian Privacy Law' for the Law Council of Australia Business Law Section, Sydney, November 2007.

Δ Professor McCrimmon presented ‘Future Options for Transborder Data Flow Regulation’ at the APEC Data Privacy Pathfinder Seminar, « February » 2008.

Δ The President presented ‘The ALRC Inquiry on Freedom of Information’ at the Queensland Independent FOI Review Panel and ALRC Joint Symposium in Brisbane, March 2008.

Δ Professor Croucher presented a keynote address ‘Privilege in Perspective— the ALRC’s Report on Client Legal Privilege and Federal Investigations’ for Spark Helmore Lawyers, Sydney, April 2008.

Δ The President presented ‘ALRC Review of Privacy Law and Practice’ at the AusCERT Asia Pacific Information Security, Queensland, May 2008.

Speaking engagements concerning past reports

One indicator of the quality of ALRC reports and inquiry work is the number of requests received by the ALRC for Commissioners and staff to speak about past ALRC reports and about law reform in general. In 2007-08:

Δ the President presented ‘Law Reform and Public Policy: Courts, Commissions and the Academy' at the Australasian Law Teachers Association in Perth, September 2007.

Δ Carolyn Adams presented, ‘Adapting the Law to the New Genetics: Privacy, Discrimination and Ethics’, at the Melbourne University JD Program,

November 2007.

Δ Commissioner, Professor Rosalind Croucher delivered a speech ‘Law Reforming—the whys, wherefores and where-tos’, at the Legal Studies Teachers Conference in Sydney, August, 2007.

A full list of speaking engagements is provided in Appendix G.

Public debate

The ALRC actively promotes public debate on issues raised during its inquiries, and on law reform generally.

The ALRC.monitors public discourse concerning issues raised by current and past inquiries by keeping a register of

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media reports, journal articles, conference papers and parliamentary debates.

Details of media releases issued, and interviews conducted by the ALRC are discussed in relation to Output 1.2 (below).

There was significant media interest and public discussion around the issues addressed as part of current and recently

completed ALRC inquiries, in particular the privacy, client legal privilege and freedom of information inquiries—as well as the publication of Reform 91, ’Animals’ (Summer 2007/08).

Media interest in the ALRC's law reform work increased significantly in 2007-08, with 438 articles found during the reporting period— compared to 229 articles found in 2006-07. This is a 91.3% increase in coverage in the 2007-08 period compared to the previous year.

There were a total of 216 articles relating to the release of the Privacy Discussion Paper (DP 72, Review of Australian Privacy Law)\ 53 articles covering the Client Legal Privilege Issues and Discussion Papers

(IP 33 Client Legal Privilege and Federal Investigatory Bodies, and DP 73 Client Legal Privilege and Federal Investigatory Bodies).

The ALRC found 62 articles on the Freedom of Information Inquiry; 33 articles on Reform 91 ‘Animals’ and 74 articles on other ALRC inquiries.

Almost half of the total media articles monitored mentioned the release of the Privacy Discussion Paper 72, Review of Australian Privacy Law. Media coverage

included metropolitan and regional newspapers; financial, IT, health, legal and government and online press; metropolitan and regional news and talkback radio; national television news and television breakfast programs.

In 2007-08, the ALRC published two full consultation papers; and one overview consultation paper— distributing a total of 2,280 hard copies and 1,275 copies on CD-ROM—a 20.7% increase on the total numbers distributed in 2006-07. These documents also were published and widely accessed on the ALRC website.

At the start of each new reference, with assistance from Its Advisory Committee and as a result of extensive consultations, the ALRC identifies a range of stakeholders for each inquiry. These individuals and organisations are sent copies of consultation papers immediately upon their release.

The ALRC website also allows individuals and organisations to register an interest in a particular inquiry, or to receive information via email or fax on the ALRC’s activities.

People who register an interest in an inquiry automatically receive consultation papers for that reference at no cost.

Recipients of ALRC publications are asked about their preferred format for receiving consultation papers and reports. Many elect to receive ALRC publications via CD-ROM or online, instead of in a traditional hard copy format. Given the size of DP 72—which extended to 1,977 pages over three volumes—the ALRC contacted all stakeholders to advise that the publication would be provided in CD-ROM format unless a hard copy was specifically requested. This significantly reduced the number of printed copies

required—although the ALRC still distributed some 1,245 hard copies of DP 72.

Stakeholders in the Privacy Inquiry also were invited to nominate whether they would prefer to receive summary publications instead of the full version of each consultation paper.

The ALRC issued two full consultation papers in the reporting period: DP 72, Review of Australian Privacy Law, and DP 73, Client Legal Privilege and Federal Investigatory Bodies. Given the breadth of issues addressed in the Privacy Inquiry and the level of public interest in the Inquiry, the ALRC also produced an overview of DP 72, Review of Australian Privacy Law: An Overview.

Table 3. Distribution of consultation papers 2007-08

Consultation paper Date released Hard copies

distributed

CD-ROMs distributed

DP 72 12 September 2007 1,245 1,240

DP 72 Overview 12 September 2007 486 n/a*

DP 73 26 September 2007 549 35

Total 2,280 1,275

*due to the small size of the DP 72 Overview, it was not made available on CD-ROM because

availability from the website was considered adequate.

While the total number of hard copies of consultation papers was slightly less than the 2,499 distributed in 2006-07, the number of CD-ROMs was substantially higher than the 445 distributed in 2006-07. The total number of consultation paper distributed, including both formats, increased from 2,944 to 3,555—a 20.7% increase.

Consultation papers published during 2007-08 were also widely accessed through the website, with 514,114 successful requests for DP 72; 63,201 successful requests for the DP 72 Overview and 54,105 for DP 73.

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Output 1.2 Information and education services to enhance community consultation and participation in the law reform process

Quality

Provision of tim ely and accessible inform ation via website, media and articles in R e fo rm and other journals

In 2007-08, the ALRC:

Δ issued six media releases and conducted 78 media interviews;

Δ published two issues of the ALRC journal Reform; and

Δ contributed 16 articles, chapters or papers to Reform and other journals and publications.

The ALRC promotes community awareness of its work, and of law reform in general, through its website, media releases, the journal Reform and contributions to other journals.

Regular contributions to external journals, public speaking engagements and institutional visits

External journals

In 2007-08, ALRC members and staff published 11 articles in external journals. A selected list of articles is included in

Appendix G. Members and staff also regularly, contribute to the ALRC's own journal, Reform.

Public speaking engagements

ALRC members and staff are frequently invited to speak at conferences and seminars in relation to the ALRC’s current or past work program, or in relation to law reform in general. In 2007-08, Commissioners and staff made presentations at 45 separate functions on behalf of the ALRC. A list of these presentations is provided in Appendix G.

Institutional visits

The ALRC regularly hosts interstate and international visitors interested in discussing general law reform issues or particular issues relating to past or current ALRC inquiries.

While the ALRC hosts many visits from broad-based delegations of government officials or parliamentarians from other countries, the Commission places a particular priority on hosting visits by representatives of overseas law reform agencies. During 2007-08, the ALRC was pleased to welcome visitors from the Solomon Islands Law Reform Commission; the Law Commission of

New Zealand; New Zealand Parliamentary Counsel’s Office; Vanuatu Supreme Court Library; Legal Studies Association of New South Wales; Cyberspace Policy Center for Asia Pacific; and Galexia.

Meetings with these visitors included discussion of current and past ALRC inquiries, general law reform issues, developments in international law, operational matters, library management,

legal studies syllabuses and opportunities for collaboration.

A list of visitors to the ALRC during 2007-08 is included in Table 4.

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Table 4. Visitors to the ALRC

Date Visitors

3 August 2007 Ms Anna Guthleben, Executive Officer of the Solomon Islands Law Reform Commission (SILRC), to discuss proposals for a visit to the ALRC by staff of the SILRC in late 2007.

« 24 » -26 September 2007 Ms Kate Anthony, Librarian, New Zealand Parliamentary Counsel’s Office; Mr Peter Adamson, Librarian, New Zealand Law Commission; and Ms Pauline Kalo, Librarian, Vanuatu Supreme Court Library; to discuss developments

in library management and opportunities for collaboration.

27 November to 6 December 2007

Ms Anna Guthleben, Executive Officer; Ms Kathleen Kohata, Legal Officer; Mr Moulton Faasau, Legal Officer; and Mr Michael Pitakaka, Legal Officer of the SILRC, for the purposes of a study visit to the ALRC.

28 May 2008 The Right Hon Sir Geoffrey Palmer, President, Law Commission of New Zealand, to discuss privacy and general law reform issues.

12 June 2008 Ms Tracey McIntosh, HSC Legal Studies Association of New South Wales, to discuss the Legal Studies syllabus.

16 June 2008 Mr Claro Parlade, Executive Director, Cyberspace Policy Center for Asia Pacific, Phillipines; Mr « Chris » Connolly, Director, Galexia; and Mr Peter van Dijk, Director, Galexia;

to discuss Australian, APEC and other international developments in privacy law.

Media

The ALRC issues media releases and briefing information at key stages in each inquiry. Media releases are distributed to the general and specialised media outlets, as well as to individuals and organisations that have expressed a specific interest in receiving information from the ALRC. They are also available on the ALRC’s website.

In 2007-08, the ALRC’s media releases covered the following topics:

Δ the launch of the Australian Academy of Law on 17 July 2007 (‘Promoting a healthy legal culture the focus of new Australia’, 17 July 2007);

Δ the release of the Discussion Paper for the Privacy Inquiry (DP 72) (‘ALRC proposes a more comprehensive credit reporting regime’,

12 September 2007);

Δ the release of the Discussion Paper for the Privacy Inquiry (DP 72) (‘ALRC proposes overhaul of complex and costly privacy law’,

12 September 2007);

Δ the release of the Discussion Paper for the Client Legal Privilege Inquiry (DP 73) ('ALRC addresses costly disputes over client legal privilege’, 26 September 2007);

Δ the tabling of the Final Report for the Client Legal Privilege Inquiry (ALRC 107, 2008) ('ALRC: overhaul client legal privilege in federal investigations', 13 « February » 2008);

Δ the release of the ALRC's journal Reform, ‘Animals’ (91) (‘ALRC: will

animal rights be the next social justice movement?’, 3 March 2008);

Commissioners and staff of the ALRC conducted 78 interviews in 2007-08 with print, radio and television and online media outlets. The ALRC also responded to numerous media inquiries and requests for background information.

Website

The ALRC website is a vital means of communication for the ALRC, giving it the ability to disseminate large amounts of information to a broad audience. Significant attention is paid to ensuring that the website remains current, that

its functionality and appearance assist the user, and that it is compliant with all relevant online standards.

All consultation documents and final reports, including annual reports, are available online in HTML and as RTF and PDF downloads.

Often electronic and online versions of consultation papers are made publicly available immediately upon completion of the document— before printed copies are finalised—ensuring the quickest possible

release of ALRC consultation documents to our stakeholders.

Other features of the website include:

Δ ‘plain English’ summaries of all current and past inquiries;

Δ updates on implementation of past recommendations;

Δ information on the role of the ALRC and its members;

Δ information on the Reform journal, including full text articles of back issues;

Δ a ‘Clearing House’ feature, providing a six-monthly update on all recent law reform publications and areas of law under review; and

Δ links to, and contact details for, other law reform agencies (in Australia and overseas), including the Commonwealth Association of Law Reform Agencies (CALRAS)

Improving accessibility of publications on the web

The ALRC has a commitment to facilitating access by people with a disability. All website updates meet disability access standards. The ALRC is committed to improving access to past reports and consultation papers by making them available in a range of formats.

Quantity

There was a 6.5 per cent increase in hits on the ALRC home page from 2006-07 to 2007-08.

Number of successful requests

The link between the amount of traffic on the ALRC’s website and the level of general public interest in the ALRC’s current work program is very strong. Inquiries that attract significant media attention, and/or a large public stakeholder base— such as the Privacy Inquiry— lead to a further increase in the number of website hits recorded. When the ALRC’s work program involves inquiries with a more specialised group of stakeholders, website usage drops significantly.

Graph 1 shows the number of successful requests—or hits— on the ALRC’s home page by year, from 2001-02 to 2007-08.

Graph 1: Number of succesful requests on ALRC home page 2001 -08

2,000,000

1,800,000 1,600,000 1.400.000 1. 200.000 1,000,000

800,000 600,000 400.000 200.000

0

2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08

Table 5 shows the number of hits on the ALRC home page in six month blocks from 2005-06 to 2007-08.

Table 5. Successful requests for ALRC home page

Period Successful requests

July-December 2005 710,881

January-June 2006 997,853

July-December 2006 901,300

January-June 2007 963,567

July-December 2007 976,344

January-June 2008 1,009,945

Successful hits continued to increase steadily in the 2007-08 period, indicating continued interest with the Privacy Inquiry as well as the Client Legal Privilege and Freedom of Information Inquiries.

The hits on the home page for 2007-08 increased by 6.5% compared to 2006-07. During this period, the ALRC released two Discussion Papers (DP 72, Review of Australian Privacy Law, and DP 73, Client Legal Privilege and Federal Investigatory Bodies)', the Final Report for the Client Legal Privilege Inquiry (ALRC 107, Privilege in Perspective) was tabled in federal Parliament on 13 « February » 2008; and the Final Report for the Privacy Inquiry—For Your Information: Review of Australian Privacy Law and Practice (ALRC 108), was delivered to the federal Attorney-General.

These publications— particularly the Privacy publications— generated considerable interest from the media and the general public—and would account for the continuous high web hits experienced since January 2006 to June 2008.

In this context, a 6.5% increase in website hits across the year indicates continued community interest in the work of the ALRC.

Number of distinct hosts served

The number of ‘distinct hosts served’ on the ALRC website provides an indication of the number of different users visiting the ALRC website. A user might be an organisation with networked computers or an individual user with a stand-alone connection to the internet,

The number of distinct hosts served increased by 5.4% in the first half of 2007-08, which is most likely due to the high level of public interest, as described above. The number of distinct hosts then rose by 3.4% in the period January to July 2008.

Overall, the number of distinct hosts served increased by 11.6% from 2006-07 to 2007-08, which indicates that the ALRC has broadened its reach into the community.

Graph 2. Number of distinct hosts served on ALRC home page (www.alrc.gov.au pages)

45.000 40.000 35.000 30.000 25.000 20.000 15.000 10.000

5,000 0 . July- -tin - July- Jan- July- Jan- July- Jan- July- Jan-Jun

Dec 03 June 04 Dec 04 June 05 Dec 05 June 06 Dec 06 June 07 Dec 07 08

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It should be noted that the ALRC website is divided into two separate sections— pages on the ALRC home page (which have a web address beginning www.alrc.gov, au); and a large database of publications, which are part of the Australasian Legal Information

Institute (AustLII) website. The statistics referred to are for the home page section of the

website.

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‘Reform’ journal

In 2007-08 the ALRC published two issues of the journal Reform.

The journal Reform, published twice yearly in summer and winter, is an important part of the ALRC's community education and information effort. Reform provides quality discussion of law reform issues for a general audience, together with updates on the work of the ALRC and an overview of current law reform projects within Australia and internationally.

Approximately 1,300 copies of Reform are sold or distributed annually.

Access to past editions of Reform has increased with the addition of full-text articles on the ALRC’s website. Website statistics indicate that during the most recent web survey period (January-June 2008), there were 6,363 requests for the index page of Reform 91, ‘Animals'; and

1,374 requests for the index page of Reform 86, ‘Sentencing’.

The Reform Editorial Advisory Committee, which consists of academics, legal practitioners, journalists, judicial officers and teachers, meets approximately every 18 months to develop themes for upcoming issues.

Reform ‘Juries’ (Issue 90, winter 2007) examined the state of the modern jury system and questioned whether any reform is needed. 'Juries’ provided a focus for ABC radio presenter, Damien Carrick on the Law Report on 28 August 2007—which debated the use and effects of CCTV images in criminal trials.

The 2007-08 summer edition of Reform, ‘Animals’, gained significant media coverage, with 33 articles appearing in publications including [be Australian Financial Review, Sydney Morning Herald; ABC Rural online; The Age: ABC Perth; ABC Newcastle; ABC Brisbane; ABC Victoria; Lawyers Weekly and Radio 2UE Sydney.

The ALRC continues to publish full articles from back issues of Reform on its website. As Reform is a subscription journal, articles are published online two years after print publication.

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Non-reference events: The Kirby Cup Law Reform Competition 2007

The Kirby Cup was originally a debating competition for law students held every two years in association with the Australasian Law Reform Agencies

Conference (ALRAC). The Cup itself is a perpetual trophy, donated by the Honourable Justice Michael Kirby AC

CMC, a current Justice of the High Court of Australia and the first Chairperson of the ALRC.

Since 2006, the ALRC has coordinated the Kirby Cup in collaboration with the Australian Law Students' Association (ALSA).

To enter the 2008 competition, teams of two law students were required to provide a written submission to the

ALRC’s Freedom of Information Inquiry, addressing the question:

Freedom of information laws attempt to achieve a balance between the interest in open, transparent government decision-making, and the need to protect information that

Judges and Finalists from the Kirby Cup Competition 2008 Back, left to right:

University of Tasmania team; Judges: the Flon Justice Pierre Sheer (Supreme Court of Tasmania), Simon Allston (Tasmanian Ombudsman),

and Professor Rosalind Croucher (ALRC Commissioner); James Cook University team.

Front: University of Newcastle team.

may affect interests such as the economy, the privacy of individuals, or the ability of public servants to provide frank and fearless advice. How should exemptions to the Freedom of

Information Act 1982 (Cth) be framed in order to achieve this balance?

Three teams were selected to progress to the final oral advocacy round, which was held at the University of Tasmania, Hobart, on 10 July 2008, as part of the ALSA conference (just outside the reporting

period). The finalists were Barbara Townsend and Karlo Tychsen (University of Newcastle); Jennifer O’Farrell and Jane Worrall (University of Tasmania);

and Nicholas Blaker and Sergey Kinchin (James Cook University). Barbara Townsend and Karlo Tychsen from the University of Newcastle were the winners

of the 2008 Kirby Cup.

The submissions received from the three finalist teams were treated as formal submissions to the ALRC’s Freedom of Information Inquiry and the submission of the winning team will be published in the summer 2008-09 issue of Reform.

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Launch: Australian Academy of Law

Foundation Fellows at the Australian Academy of Law Launch, Government House, Brisbane, July 2007

Launched on 17 July 2007, the Australian Academy of Law (AAL) is the fifth learned Academy in Australia and is the culmination of a process begun with the Australian Law Reform Commission's landmark report, Managing Justice: a review of the federal civil justice system (ALRC 89, 2000).

Managing Justice traced the rapid growth, diversification and fragmentation of the Australian legal profession, and the serious challenges these present to the maintenance of a coherent professional identity and traditional collegiate approaches,

Without positive action the single legal profession' could become a multiplicity of legal occupations’, none of which see themselves as part of a larger whole.

The existence of the Australian Academy of Law is a key aspect of the positive action recommended in Managing Justice, bringing together the three strands of the legal profession—the judiciary, legal practitioners and legal academics— united in promoting high standards of learning and conduct and appropriate collegiality across the profession.

AAL Launch

The launch of the AAL was held at Government House in Brisbane, with addresses by Her Excellency, Ms Quentin Bryce AC, Governor of Queensland; the Hon Philip Ruddock MR Attorney-General; the Hon Murray Gleeson AC, Chief Justice of Australia; and Professor David Weisbrot AM, the President of the ALRC.

These formalities were followed by a symposium entitled ‘Fragmentation or consolidation? Fostering a coherent professional identity for lawyers’. The symposium was opened by Professor Weisbrot and featured a panel discussion, chaired by ALRC Commissioner, Professor Rosalind Croucher.

Objectives

The objects of the Academy, set out in the AAL Constitution, include:

Δ To establish and advance funds to provide scholarships and research grants which advance legal education and the discipline of law and promote ethical conduct and professional responsibility.

Δ To promote the highest standards of legal scholarship, legal research, legal education, legal practice, and the administration of justice.

Δ To promote the continuous improvement of the law and of the operation of the legal system.

Δ To promote the highest standards of ethical conduct and professional responsibility amongst all members of the legal community, including the use of legal skills not merely for material personal reward but also in the service of society.

Δ To enhance understanding and observance of the rule of law, and community understanding of the role and function of law, lawyers, the legal profession, and the judiciary.

Δ To provide a forum for cooperation, collaboration, constructive debate and the effective interchange of views amongst all branches of the legal community on all matters relating to the achievement of these objects.

Chief Justice Murray Gleeson and Justice Susan Kiefel

ALRC President, Emeritus Professor David Weisbrot AM

Patron

Under clause 11 of the Australian Academy of Law's Constitution, the Directors may appoint by invitation the Chief Justice of the High Court of Australia to be Patron of the Academy.

The Foundation Patron of the Academy was the Hon Chief Justice Murray Gleeson AC, whose term expired on his retirement on 29 August 2008 (just outside the current reporting period).

Membership Categories

Admission to membership is detailed in the Constitution and is limited to around 400 members, in line with the other learned academies in Australia, and includes: Fellows, Life Fellows, Ex-officio Fellows and Honorary Fellows.

Fellows are invited or admitted to membership by the Directors on the basis of their exceptional distinction in the discipline of law and their demonstrable commitment to the objects of the Academy.

Life Fellows are those who have been Fellows for at least 15 years.

Ex-officio Fellows include a range of senior judges, legal practitioners and legal

academics.

Honorary Fellows are those, not ordinarily resident in Australia, who meet the criteria for Fellow and are invited by the Directors to become Honorary Fellows.

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Foundation Fellows

The Foundation Fellows of the Academy were:

Professor Donald Chalmers (Dean, University of Tasmania)

Professor Hilary Charlesworth AO (Australian National University)

The Hon Justice Terence Connolly (Supreme Court, Australian Capital Territory)

Professor Michael Coper (Chair, Council of Australian Law Deans; and Dean, Australian National University)

Professor Rosalind Croucher (Commissioner, Australian Law Reform Commission)

Associate Professor Andrea Durbach (University of New South Wales)

Professor Paul Fairall (Dean, University of South Australia)

Mr Glenn Ferguson (Solicitor, Queensland)

The Hon Justice Robert French (Federal Court, Western Australia)

His Hon Judge John Goidring (District Court, New South Wales)

The Hon Justice Susan Kenny (Federal Court, Victoria)

The Hon Justice Susan Kiefel (Federal Court, Queensland)

The Hon Justice Kevin Lindgren (Federal Court, New South Wales)

The Hon Justice Margaret McMurdo AC (President, Court of Appeal, Queensland)

The Hon Justice Marcia Neave AO (Court of Appeal, Victoria)

The Hon Justice Robert Nicholson AO (Federal Court, Western Australia)

Dr Melissa Perry QC (Barrister, South Australia and New South Wales)

The Hon Justice Ronald Sackville (Federal Court, New South Wales)

Professor Cheryl Saunders AO (University of Melbourne)

The Hon Justice Ralph Simmonds (Supreme Court, Western Australia)

The Hon Justice Stephen Southwood (Supreme Court, Northern Territory)

The Hon Justice Margaret Stone (Federal Court, New South Wales)

Ms Pamela Tate SC (Solicitor-General of Victoria)

Professor Margaret Thornton (La Trobe University)

Ms Anne Trimmer (Solicitor, Australian Capital Territory and New South Wales)

The Hon John von Doussa QC (President, Human Rights and Equal Opportunity Commission; and Chancellor, University of Adelaide)

Mr Bret Walker SC (Barrister, New South Wales)

Emeritus Professor Louis Waller AO (Monash University)

Professor Kate Warner (Director, Tasmania Law Reform Institute)

The Hon Justice Mark Weinberg (Federal Court, Victoria)

Emeritus Professor David Weisbrot AM (President, Australian Law Reform Commission)

The Hon Justice Margaret White (Supreme Court, Queensland)

Australian Academy of Law website produced by the ALRC www.academyoflaw.org.au

In « February » 2008 the ALRC launched a website for the Australian Academy of Law. The ALRC registered the domain name www.academyoflaw.org.au on behalf of the Academy. AustLII agreed to host the website at no charge.

Designed internally at the ALRC, the site includes contact details for the AAL, information about the Constitution, admission, members and events.

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Corporate Governance

Australian Govern111^ ------

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Executive Director, Mr Alan Kirkland

Corporate Governance Framework

Audit

Committee

Board of Management

Quality and quantity measures for outcomes and outputs

ROLE AND FUNCTIONS set out in ALRCAct

ACCOUNTABILITY TO GOVERNMENT through CAC Act reporting requirements

REPORTING OBLIGATIONS set out under the CAC Act

CORPORATE PLAN 2006-08 Documents the ALRC’s goals, objectives and key

priorities

PERFORMANCE

MEASUREMENT

Commonwealth Authorities & Companies A ct 1997 (Cth) (CAC Act) Reporting and accountability legislation

Australian Law Reform Com m ission A c t 1996 (Cth) (ALRC Act) Enabling legislation

A u st r alian Law Reform Co m m i s s i o n

Statement of Governance

Ministerial powers

The Minister responsible for the ALRC is the Attorney-General of Australia. Until the general election held on « 24 » November 2007, the Attorney-General was the Hon

Philip Ruddock, MR Since the formation of the new Government, the Attorney-General has been the Hon Robert McClelland, MR

Under s 20 of the Australian Law Reform Commission Act 1996 (the ALRC Act), the Attorney-General may refer matters to the ALRC for review. In 2007-08, one new matter was referred to the ALRC— a review of the Freedom of Information Act

1982 (Cth) (the Freedom of Information Inquiry).

This Inquiry was deferred by the Attorney- General Mr McClelland on 22 July 2008, just outside the current reporting period.

Under s 28 of the Commonwealth Authorities and Companies Act 1997 (Cth) (the CAC Act), the Attorney-General may advise the ALRC of a requirement to comply with a general policy of the Australian Government. During 2007-08, the ALRC was not required to comply with any additional Australian Government

policies.

M em b ers of the Commission

Changes in membership

The ALRC Act s 6(1) states that the ALRC shall consist of a President, Deputy President and at least four other members

(also known as Commissioners). Each member is appointed by the Governor- General on either a full-time or a part-time basis. The President and Deputy President must be full-time members.

Under s 6(2) of the ALRC Act, the Commission’s functions and powers are not affected by vacancies in any position.

Following the announcement of her appointment to the High Court of Australia, Justice Susan Kiefel tendered her resignation as a part-time member of the ALRC. Justice Kiefel’s resignation took effect from the commencement of her appointment to the High Court, on 3 September 2007.

Justice Berna Collier was appointed a part-time Commissioner for a term of three years, commencing on 2 October 2007.

Professor Les McCrimmon was reappointed as a full-time member of the ALRC twice during 2007-08. Professor McCrimmon was reappointed for three

months—from 3 January 2008 to 3 April 2008— during the caretaker period prior to the 2007 general election, and then

reappointed following the election, for the period 4 April 2008 to 30 June « 2009 » .

Remuneration

The Commonwealth Remuneration Tribunal determines the remuneration for all ALRC members.

Full Commission meetings

A meeting of all full-time and part-time ALRC members— known as the Full Commission— is convened twice a year. These meetings provide an opportunity to discuss the progress of current inquiries,

the ALRC’s financial performance and other matters of interest to Commissioners.

A Full Commission meeting was held in Sydney on 29 November 2007, with the following meeting scheduled to occur just outside the reporting period, on « 24 » July 2008.

Divisions

Section 40 of the ALRC Act permits the President to constitute Divisions of the ALRC, which identify the members of the ALRC who are formally responsible for each inquiry. One full-time Commissioner generally manages each reference team, although

all full-time Commissioners and the nominated part-time Commissioners normally assume collegial responsibility in relation to the findings and recommendations in all references.

Table 6. Divisions of the ALRC 2007-08

Division M em bership

Privacy Inquiry Professor David Weisbrot (President)

Professor Les McCrimmon t

Professor Rosalind Croucher

Justice Susan Kiefel* *

Justice Susan Kenny

Justice Robert French

Justice Berna Collier**

Client Legal Privilege Inquiry Professor David Weisbrot (President)

Professor Rosalind Croucherf

Professor Les McCrimmon

Justice Susan Kiefel*

Justice Susan Kenny

Justice Robert French

Justice Berna Collier**

t Commissioner in charge of the reference

* Until 3 September 2007

** From 2 October 2007

Board of M anagem ent

The Board of Management— a requirement under the ALRC Act— is constituted by the President and other full-time Commissioners of the ALRC. While Divisions have responsibility for legal policy decisions relating to specific references, the Board of Management is the ALRC’s governance body, with responsibility for general oversight of

ALRC operations, including budget and policies.

The dates of Board meetings in 2007-08 and the attendance of Commissioners at those meetings are set out in Table 7.

Table 7. Attendance at Board of Management meetings in 2007-08

13 Aug 07 26 Oct 07 29 Nov 07 26 Feb 08 14 Apr 08 2 Jun 08

David Weisbrot ✓ ✓ ✓ V ✓ ✓

Les McCrimmon ✓ ✓ ✓ ✓ ✓

Rosalind Croucher ✓ ✓ ✓ ✓ ✓ ✓

Staff representatives routinely attend Board of Management meetings at the open invitation of the Board. The Audit Committee is the only sub-committee of the Board of Management.

Audit Com m ittee

In accordance with s 32 of the CAC Act, the ALRC has an Audit Committee to oversee compliance with financial and auditing obligations and to liaise with external auditors.

The role of the Committee is directed towards:

Δ enhancing the control framework;

Δ improving the objectivity and reliability of externally published financial information; and

Δ assisting the Board to comply with legislative and other obligations.

The audit committee consists of a full-time Commissioner, the Executive Director and the Finance Manager.

During 2007-08, the members of the Audit Committee were:

Commissioner: Professor Les McCrimmon

Executive Director: Mr Alan Kirkland

Finance Manager: Mr Keith Rainey (Acting) (until 3 « February » 2008)

Ms Maria Zacharia (from 4 « February » 2008)

A representative of the Australian National Audit Office is invited to attend meetings of the Audit Committee.

The Audit Committee met on 11 « February » 2008.

Under s 8 of the CAC Act, the Auditor-General inspects and audits the accounts and records of the ALRC’s financial transactions and assets. The audit of the 2007-08 financial statements was performed by the Australian National Audit Office (ANAO).

Given its small size, the ALRC has no internal financial audit process.

Internal ALRC Policies

The ALRC’s Policy Manual provides policies, guidelines and procedures on a range of administrative matters, including Finance, Human Resources, Information Management, Interns, and Media and Publications. ALRC policies are regularly reviewed and revised as required. New and revised policies are approved by the Board of Management.

Policies that concern interaction with members of the public are published on the ALRC website.

New staff members are advised of ALRC policies as part of the induction process and all staff have electronic access to the policy manual. Staff awareness of policies is maintained through the ALRC's internal newsletter. Compliance with ALRC policies is a criterion in each employee’s annual performance appraisal.

A list of the ALRC policies is included in Appendix B.

Audit

Ethics

The ALRC attempts to foster a culture of integrity, honesty and fairness in the workplace and actively seeks to comply with all relevant laws, regulations, codes and government standards.

The Code of Conduct outlines the expectations applied to staff in relation to their conduct in the performance of their job, including interactions outside and within the workplace. The ALRC Code of Conduct requires all employees to comply with certain standards when acting in the course of their employment, including to:

Δ behave honestly and with integrity;

Δ act with care and diligence;

Δ treat everyone with respect and courtesy, and without harassment;

Δ comply with all applicable Australian laws;

Δ comply with any lawful and reasonable direction given by someone employed by the ALRC who has authority to give the direction;

Δ maintain appropriate confidentiality about dealings;

Δ disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with their employment; and

Δ use ALRC resources in a proper manner.

Independent professional advice

Board of Management members have the right, with the agreement of the President, to obtain at the ALRC’s expense independent professional advice relevant to the discharge of their responsibilities. No such advice was sought by individual members of the Board of Management during 2007-08.

Conflict of interest

Section 39 of the ALRC Act requires members to disclose any material personal interest in a matter under consideration by the Commission. There were no such disclosures in 2007-08.

In accordance with Australian Public Services guidelines, full-time members of the ALRC and the Executive Director make annual declarations of private interests, which are inspected by the President and then provided to the Attorney-General. Updated declarations of interest will be provided to the Attorney-General early in 2008-09.

Director indem nity

The ALRC carries directors’ and officers' liability insurance. Details are as follows:

Directors insured:

Emeritus Professor David Weisbrot AM— President

Professor Les McCrimmon— Commissioner

Professor Rosalind Croucher—Commissioner

Nature of liability

Damages arising as a consequence of a wrongful act of a director, including an error by omission or commission; a mistatement or misleading statement; or negligent breach of duty.

Insurance prem ium

$1,611.50 in 2007-08.

The ALRC has not indemnified or agreed to indemnify any current or former officer against a liability other than by coverage under the directors' and officers’ liability insurance.

Risk M a n a g e m e n t

The ALRC has continued to assess and manage its risks through:

Δ appropriate levels of insurance, including cover for public liability, directors’ liability, and property loss or damage, with nature and levels of cover reviewed annually;

Δ a positive approach to occupational health and safety, based on preventative strategies and early response to injury;

Δ provision of training to staff to ensure that they understand their responsibilities and have the skills necessary to fulfil their responsibilities;

Δ transparent reporting of financial management and operational matters, both internally and externally; and

Δ administrative policies aimed at preventing fraud and managing risk.

In accordance with s 8.14 of the Commonwealth Fraud Control Guidelines, the ALRC is required to collect any information relating to fraudulent matters and report it to the Attorney-General’s Department. No fraudulent activity was detected in 2007-08.

In June 2008, the ALRC engaged Oakton Consulting to conduct a fraud risk assessment and to review the ALRC Fraud Control Plan, in accordance with the Commonwealth Fraud Control Guidelines. The risk assessment indicated that the ALRC has adequate

controls in place, with all relevant risks being classified as ‘low’ or 'negligible'. The Fraud Control Plan, which will be considered by the Audit Committee and Board of Management early in 2008-09, recommended some minor improvements to the ALRC’s

control measures, which have been implemented.

C o r p o r a t e P l a n n i n g The Corporate Plan 2006-08 is publicly available on the ALRC’s website and is reproduced in Appendix A.

The ALRC vision is for:

Just, fair and efficient laws that reflect and advance the nation’s social and economic interests.

The Corporate Plan sets three primary goals for the ALRC:

1. to provide effective, independent and timely expert advice to the Attorney-General and Parliament;

2. to ensure broad-based consultation in developing recommendations for reform; and

3. to promote the role of law reform.

The Corporate Plan includes a number of strategies to assist in achieving these goals.

The Corporate Plan will be reviewed in 2008-09.

E x t e r n a l S c r u t i n y and Co n t r o l s

Parliam entary scrutiny

Representatives of the ALRC regularly appear at Senate Estimates Committee hearings, to answer questions about the ALRC’s operations.

The ALRC President was required to attend Senate Estimates Committee hearings in Canberra on 18 « February » 2008, but ultimately was not called to give evidence before the Committee.

Court and tribunal decisions

There were no judicial decisions or decisions of administrative tribunals during 2007-08 that involved the ALRC or had a significant impact on the operations of the ALRC.

Commonwealth Ombudsman

No issues relating to the ALRC were referred to the Commonwealth Ombudsman’s office.

C o r p o r a t e M a n a g e m e n t

Staffing

Employees of the ALRC are appointed under s 43 of the ALRC Act. The ALRC’s average, full-time equivalent staffing level in 2007-08 was 19.37. At the close of the reporting period, on 30 June 2008, the ALRC’s full-time equivalent staffing level was 21. This figure does not

include Commissioners, or temporary staff engaged through agencies.

Since 1996, all staff appointed under s 43 have been appointed on a fixed term renewable basis, in accordance with the ALRC’s Certified Agreement.

Table 8. ALRC Staff 2007-08

Executive D irector

Alan Kirkland

Corporate S upport

Maria Zacharia

Dimitra Zinonos

Greg Diggs

Trisha Manning

Esther Naulumatua

Finance Manager (on leave until 4 « February » 2008)

Finance Assistant

Payroll Officer

Receptionist

Administrative Assistant

Research and Records

Lani Blackman

Carolyn Kearney

C om m unications

Michelle Hauschild

Becky Bowyer

Lucy Kippist

Vicki Jackson

Research Manager

Librarian

Communications Manager (on leave from 16 July 2007)

Communications Officer (on leave from 31 March 2008)

Communications Officer

Acting Communications Manager

Privacy Inquiry (com pleted May 2008)

Carolyn Adams Senior Legal Officer

Bruce Alston Senior Legal Officer

Kate Connors Senior Legal Officer (from 2 January 2008)

Isabella Cosenza Senior Legal Officer (from 2 January 2008)

Jonathan Dobinson Senior Legal Officer

Althea Gibson Legal Officer (on leave until 6 March 2008)

Lauren Jamieson Legal Officer (until 15 January 2008)

Huette Lam Legal Officer (until 30 May 2008)

Lisa Eckstein Legal Officer

Erin Mackay Legal Officer

Alex O’Mara 25 « February » to 23 May 2008

Ed Santow Legal Officer (until 14 December 2007)

Tina O'Brien Executive Assistant (from August 2006)

Client Legal Privilege (completed December 2007)

Kate Connors

Isabella Cosenza

Alayne Harland

Senior Legal Officer

Senior Legal Officer

Executive Assistant

Table 9. Staffing profile, as at 30 June 2008

ALRC Classification Men Women Full-time Part-time Total

Executive Director 1 1 1

(SES-equivalent)

ALRC 6 ($79,683-100,940) 2 4 5 1 6

ALRC 5 ($79,683-89,684) 2 1 1 2

ALRC 4 ($44,576-73,678) 3 1 2 3

ALRC 3 ($58,162-73,678) 1 1 1

ALRC 2 ($44,576-56,468) 1 6 2 5 7

ALRC 1 ($32,203-45,914) 1 1 1

Totals 4 17 11 10 21

Full-time equivalent staff as at 30 June 2008: 21

Employment conditions

Collective Agreement

For the first part of 2007, all ALRC staff members other than the Executive Director were covered by the ALRC Certified Agreement 2003-06. A new agreement—the ALRC Union Collective Agreement 2007-10—was registered on 27 July 2007 and took effect from that date.

As at 30 June, this agreement covered all employees other than the Executive Director.

The new agreement provides for annual salary increases of 4.2%, as well as a range of measures intended to facilitate retention of older employees and employees with family and/or carer responsibilities. These include:

Δ an extension of paid maternity leave from 12 to 14 weeks;

Δ an extension of paid parental leave from one to two weeks;

Δ eligibility for parental leave in relation to long-term foster care placements;

Δ introduction of paid adoption leave; and

Δ provision for older workers to sacrifice up to 100% of salary into superannuation.

In line with Australian Government policy, these and other enhancements in conditions are offset by a range of measures to increase productivity, including changes to the performance appraisal system and streamlining of flextime arrangements.

In accordance with s 43(2) of the ALRC Act, the agreement was approved by the Attorney-General before it was submitted to a ballot of staff.

Perform ance rewards and bonuses

The ALRC Union Collective Agreement 2007-10 includes a salary scale, with each paypoint in the scale representing a 3% increase in salary. The performance appraisal provisions of the Agreement allow for good performance to be rewarded through a mixture of movement up the salary scale and one-off bonuses, as summarised below:

Performance Rating Outcome

Exceptional performance 2 pay point increase

Performance between strong and 1 pay point increase plus bonus of

exceptional up to 3% of salary

Strong performance 1 pay point increase

Performance between adequate and strong Bonus of up to 2% of salary

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Adequate performance No salary advancement

When an employee reaches the maximum pay point for his or her position, the President has the discretion to grant a bonus of up to 3% of annual salary. The President also has a general discretion to award a bonus of greater than 3% on the basis of performance. The Executive

Director, who was employed under an Australian Workplace Agreement, was eligible for a performance-related bonus under the terms of that Agreement.

During 2007-08, 11 employees were paid a performance bonus. The total awarded in bonus payments for 2007-08 was $29,390, with an average payment of $2,672.

Details of total remuneration expenditure in 2007-08 are provided in the financial statements.

Equal em ploym ent opportunity (ΕΕ0)

The ALRC is committed to equal opportunity in employment (EEC). EEO principles are applied in recruitment practices, and by providing equality of

opportunity for training and development for all employees.

The ALRC has an EEO Policy and Reasonable Adjustment Guidelines.

The EEO Policy is a statement of the ALRC’s commitment to the goals of equal opportunity and affirmative action in employment, and aims to provide a work environment for staff, contractors

and interns that fosters fairness, equity and respect for social and cultural diversity, and that is free from unlawful discrimination, harassment or vilification.

The EEO Policy also sets out procedures to ensure concerns and complaints are dealt with in a prompt and appropriate manner.

The Reasonable Adjustment Guidelines are designed to assist in fulfilling the ALRC’s legal and organisational responsibilities for providing a workplace that allows employees, contractors and interns with a disability to compete for vacancies and pursue careers as effectively as people who do not have a disability. The Guidelines require management to consider whether it is necessary and reasonable to make an adjustment to remove a barrier to enable a person with a disability to achieve equal opportunity, equal participation or equal performance at work.

The ALRC invites all new staff to participate in a voluntary EEO survey that allows the organisation to track the numbers of staff who are from groups or communities that are specifically identified in the EEO Policy. All information collected through the survey is treated as confidential and is used only for reporting in a de-identified manner.

As at 30 June 2008, 17 of the ALRC's 21 staff were female. A breakdown of staff by gender and classification is provided in

Table 9.

Fam ily-friendly workplace

The ALRC is strongly committed to providing a family-friendly work environment and enabling its staff to be employed, as far as possible, in a way that is consistent with family and other

personal responsibilities.

The ALRC Union Collective Agreement 2007-10 contains a number of conditions that are intended to ensure family-friendly work practices. These include:

Δ formal flextime arrangements for most categories of employees and a discretionary time-in-lieu system for senior staff;

Δ the ability to ’purchase’ additional annual leave;

Δ flexibility in the use of personal leave to care for family members; and

Δ generous maternity, adoption and parental leave provisions, as outlined under 'Collective Agreement' on page 75.

In 2007-08, a number of staff members were permitted to work part-time in order to meet family or personal commitments.

Five staff members had approval to work from home on a regular, part-time basis. The ALRC has provided these staff members with external access to the ALRC computer system and, where

necessary, computer software and access to information technology support for work purposes.

Staff d evelo p m en t

The performance appraisal process is the main mechanism for determining professional development needs of employees but the ALRC also considers

requests for education and training as they arise. The ALRC budgets for professional development within each work unit and at a whole-of-organisation

level. Where appropriate, the ALRC

organises tailored training for groups of employees with similar needs.

In 2007-08, the ALRC funded training in relation to desktop publishing, web design, first aid and fringe benefits tax.

In addition to formal training, the ALRC also allows professional development funds to be used to allow staff to attend

relevant conferences or seminars.

Study assistance in the form of discretionary leave or reduction of work hours is available to staff undertaking tertiary studies at undergraduate and

postgraduate levels. Two employees sought and obtained approval for paid study leave in 2007-08.

Occupational Health & Safety ( 0 H & S )

The ALRC recognises its responsibility to provide a healthy and safe workplace for employees and to provide employees with workplace-based, easily accessible

information on health and safety matters.

The ALRC has an Occupational Health and Safety Policy, which states that the ALRC will provide and maintain the highest degree of health, safety and welfare of all employees by aiming to

prevent all injury and illness potentially caused by working conditions.

New staff are provided information on occupational health and safety as part of the induction process, including

information on how to check that workstations and chairs are correctly adjusted. Staff members are provided with regular tips on workplace health

A

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and safety through the ALRC’s internal newsletter. The ALRC makes every effort to ensure that staff have the equipment that they require to fulfil the requirements of their job without risk to health.

As a workplace health initiative under the Certified Agreement, the ALRC provides free and voluntary influenza vaccinations

to staff in autumn each year.

Occupational health and safety is overseen by the OH&S Committee, comprised of the Executive Director and four other staff members.

M ich ael Kirby Library

The ALRC’s Michael Kirby Library contributes directly to the Commission’s research outcomes through the provision

of information, materials and reference services.

During 2007-08, the library continued to support the work of the staff of the ALRC through organisation and delivery of journal subscriptions, monograph

purchases, online databases, inter­ library loans and reference services. This includes continuous evaluation of new and existing subscriptions and services in order to meet the changing needs of ALRC staff working on new and continuing inquiries.

The collection of the Michael Kirby Library is housed at the ALRC and consists of approximately 300 journals and 4,000 monographs, plus subscriptions to online services, journal indexes and reference materials.

The Library also has a presence within the various networks of law libraries in Australia and New Zealand. These networks are invaluable for sharing expensive resources and providing a voice for libraries in the wider community.

The Library is supported by library management software that has been adapted for the ALRC’s needs. This

software tracks expenditure and provides a user-friendly interface for Commissioners, staff and interns seeking access to resources.

The Library is the ALRC’s gateway for locating updated news and legal materials worldwide that are relevant to the ALRC’s current research.

The Librarian is responsible for creating and maintaining the ALRC intranet, which is a key research tool for legal staff. As well as links to general legal resources and the library catalogue, in 2007-08 the intranet resources for the Privacy Inquiry and Client Legal Privilege Inquiry were updated, and a new section was created for the Freedom of Information Inquiry.

Due to the increased availability of internet-based information resources, in 2007-08 the work of the Librarian in locating online current awareness services, and disseminating relevant electronic information to staff, was expanded.

Information technology

The maintenance and development of the ALRC computer system is overseen by specialist external consultants, with basic support provided by ALRC staff.

During 2007-08, improvements to the IT system included:

Δ an upgrade of firewall security, to reduce security risks arising from staff logging in remotely;

Δ an upgrade of all desktop computers and monitors, including a transition to the Microsoft Vista operating system; and

Δ the upgrade of a server used for the records management system.

An upgrade of the ALRC’s records management software was purchased, with installation planned for early 2008-09.

Purchasing

Purchasing policy

Purchasing within the ALRC is guided by the Purchasing Policy and Procedures, which are consistent with the Commonwealth Procurement Guidelines

(January 2005).

The Purchasing Policy sets value for money as the core principle in procurement decisions. Value for money is determined with reference to efficiency, effectiveness, accountability, transparency, ethics, industry, Australian Government

policies and environmental considerations.

The ALRC publishes an Annual Procurement Plan on the Austender website. The ALRC did not instigate any ‘covered procurements’, within the meaning of the Commonwealth

Procurement Guidelines, during 2007-08. Consequently, the mandatory procurement procedures did not apply.

Consultancies

During 2007-08, the ALRC entered into three new consultancy contracts, which provided the ALRC with advice or services relating to its fraud control plan

(Oakton AA Services Pty Ltd); the Privacy Inquiry (Applied Economics); and rent review (BEM Property Consultants P/L). These contracts involved total actual

expenditure of $16,552 and each were for amounts under $10,000.

In addition, three ongoing consultancy contracts were active during 2007-08, involving actual expenditure of $94,182.45

(see Table 10, page 83).

Consultancy services are used when there is a requirement for a specialist service that cannot be undertaken

by the ALRC due to lack of in-house expertise, insufficient resources, or where independent advice is required—for example, in relation to technical IT support. Value for money is always a critical factor in any decision to engage a consultant.

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ALRC Internships: Invaluable experience in law reform As part of its wider role in engaging the community in law reform activities, the ALRC operates an internship program for law students, Internships are voluntary, and

provide students with the opportunity to undertake applied legal research work in a professional environment.

The program is very competitive, attracting a high standard of applicant. Students are usually in their penultimate or final year of an undergraduate or graduate law degree, but in 2007-08 interns included a Masters student and a PhD candidate.

I walked into the Australian Law Reform Commission.

A place staffed with a team of superb intelligence and character, I found there an engagement with law that was creative, dynamic, pragmatic. As a student volunteer on the inquiry into the Privacy Act 1988 (Cth) I learned what it really means to question what the law could be. It was liberating. Enriching. It cemented so much of what I had learned at law school. It also went

far, far beyond it.

Fiona Roughley University of Sydney Law School Summer 2007-08

Ms Fiona Roughley

The program also attracts applicants from overseas. The ALRC receives regular applications from law students and graduates in Germany and the United Kingdom, and the ALRC has arrangements with two universities in the United States to provide placements through their summer externship programs. Overseas applicants are considered where the applicant meets the ALRC selection criteria and it is considered that the applicant can contribute to the ALRC work program. In 2007-08, one student from the University of Maryland School of Law completed an internship, working full time for six weeks at the ALRC office in Sydney, and one PhD student from Cambridge

University worked for four weeks full time. All funds needed to support overseas interns are provided by the interns themselves or through support from their home university.

Ms Naomi Oreb Ms Elizabeth Favaloro

A total of 10 students completed internships with the ALRC in 2007-08, drawn from: Macquarie University; the University of New South Wales; the University of Queensland; the University of Sydney; the University of Western Sydney; the University of Maryland School of Law; and Cambridge University.

The ALRC provides information for law student career guides to further promote its work to future lawyers, and to publicise the internship program. In 2007-08 the ALRC provided information for inclusion in careers guides published by law student societies at the Australian National University, La Trobe University, the University of Melbourne,

Monash University, and the University of Technology, Sydney. The Executive Director made a presentation to students at the University of New South Wales as part of Government Careers Week in October 2008.

Table 10: Consultancies

Consultant Nature and purpose of consultancy Contract price for

consultancy * Selection process Justification

Able Bookkeeping Services

Financial

management advice and reporting $ 48,848.20 * Direct engagement A, B

AustLII Web hosting $15,000.00 Direct engagement A, B

Working Technology

Maintenance and upgrades of IT network and software $30,334.25 Direct engagement A, B, C

* This contract represented consultancy services brought in to replace the ALRC Finance Manager

who was on maternity leave.

Key to Justification:

A: Skills currently unavailable within agency.

B: Need for specialised or professional skills.

C: Need for independent research or assessment.

2

Summary of Financial Performance

Financial Outcomes

Operating Outcome

The 2007-08 financial statements show an operating deficit of $0.211m. The deficit is largely due to greater than expected expenditure on the Privacy Inquiry. This Inquiry involved the most significant community consultation effort in the ALRC’s 33-year history. As a result, the

costs of publications, including the final report, were higher than usual. Delays in provision of submissions by key stakeholders led to an extension in the reporting date for the Inquiry, which in turn led to increased employee expenses.

Other factors that have contributed to the size of the operating deficit in this financial year are an audit requirement to include employee provisions for superannuation on annual leave and long service leave, and the purchasing of new computers for the ALRC. This deficit will be covered by the ALRC’s existing reserves.

Operating Revenue

The ALRC’s operating revenue of $3.532m

comprised revenue from government of $3.382m, revenue from sale of goods (publications) of $0.019m and interest of $0,131 m.

Operating Expenses

Total operating expenses of $3.743m were $0,321 m greater than in 2006-07.

Total payments to employees increased from $2.255m to $2,501 m primarily due

to an increase in the expenditure on leave and other entitlements.

The ALRC's depreciation and amortisation expense declined by $0.013m.

Equity

The ALRC’s total equity decreased by $0.211 m due to the operating deficit.

Total assets

The ALRC's total assets increased by

$0.019m.

Total liabilities

The ALRC’s total liabilities increased by $0.188m.

Cash flow statement

Overall, there was a decrease in the ALRC’s cash balance by $0.083m.

O t h e r R e p o r t i n g R e q u i r e m e n t s

Ecologically sustainable development (ESD)

The ALRC has considered whether any of its activities have significant ESD implications in accordance with the ESD Reporting Guidelines (June 2003) developed by Environment Australia. In 2007-08, none of the ALRC’s activities or appropriations were relevant to ESD

in terms of the principles identified in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Environmental M an ag em en t System (EMS)

The EMS is appropriate to the size and functions of the ALRC and implements environmentally sustainable practices, with clear allocation of responsibility.

The cornerstones of the EMS are:

Δ the Environmental Management Policy;

Δ the development and implementation of environmental objectives and targets;

Δ on-going monitoring and review of environmental performance; and

Δ continuous improvement of the EMS to enhance further the ALRC's environmental performance.

The ALRC has an EMS officer, whose role is to ensure ongoing monitoring and continuous improvement of environmental performance. The EMS officer is responsible for developing and implementing the EMS, including the review of the established objectives and targets.

The ALRC’s normal office operations involve the use of water, energy and large amounts of paper—all of which have an impact upon the environment.

The ALRC is primarily a policy and research body, which involves the collection of large amounts of information. While the ALRC has increased the

emphasis on use of information in electronic formats, it still uses a significant amount of paper each year.

The ALRC has several ongoing strategies designed to minimise the environmental impact of its paper use. Office printers and photocopies are configured to

print on either recycled or reused paper as a default option. Staff have been encouraged to use double-sided printing as a default setting on office printers.

Environmentally friendly printing processes are considered in the tendering process for the printing of ALRC publications. Where quotes are price- competitive, printing companies that use environmentally friendly printing processes are given preference. As cost is not the sole determination in purchasing, environmentally friendly printers do not

need to submit the lowest quote in order to be selected.

The ALRC monitors energy use and takes steps to reduce consumption where possible. In 2007-08 electricity consumption increased by 1.18%.

During 2007-08 the ALRC introduced major changes to garbage and recycling. These changes had not been possible in the past, due to restrictions on the

range of waste services provided by the owners of the ALRC’s office premises.

The changes, introduced on 2 June 2008, included:

Δ introduction of recycling of glass, aluminium cans and PET plastic; and

Δ removal of general waste bins from individual offices and workstations, to encourage a higher rate of recycling.

Toner recycling was introduced to the building’s Recycling Management System in March 2008.

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Freedom of information statement

The ALRC follows a policy of openness with the information it holds (set out in the ALRC Access to Reference Material Policy), subject to necessary qualifications where, for example, material is supplied

in confidence or its disclosure might breach the privileges of Parliament. A large number of requests for information are satisfied by material provided on the ALRC's website.

In 2007-08, the ALRC received no formal applications for information under the Freedom of Information Act 1982 (Cth) (the FOI Act).

Section 8 of the FOI Act requires the ALRC to publish certain information in its annual report. Information about the ALRC’s organisation, functions, decision-making powers and about public participation in the work of the ALRC is contained in this Annual Report. The other information required by the FOI Act is set out below.

The FOI Act requires the publication of a statement of the categories of documents held by the ALRC. The ALRC holds the following categories of documents:

Λ correspondence and working papers, including formal submissions, notes of meetings and transcripts of public hearings relating to the ALRC’s references and relating to the reform of the law in general;

Λ databases used by staff for the purposes of communicating with persons and organisations connected

with the ALRC and the conduct of its references or general operations; and

Δ correspondence and working papers relating to the administration of the ALRC, including personnel and financial papers.

The following categories of documents are available for purchase by the public from the ALRC:

Δ ALRC reports, including annual reports (also freely available for download from the ALRC website);

Δ community education and consultation documents relating to past references, including background papers, issues papers, and discussion papers (also freely available for download from the ALRC website); and

Δ issues of Reform, the ALRC’s bi-annual journal (some articles are available for free download from the ALRC website).

The following categories of documents are available upon request (without the need for a formal application under the FOI Act):

Δ community education and consultation documents relating to current references, including any relevant background papers, issues papers, and discussion papers; and

Δ submissions to ALRC inquiries that have not been marked confidential by the submitter (although these are not available until the relevant report has been completed and tabled in Parliament).

Commonwealth Disability Strategy

The ALRC has a broad commitment to the inclusion of, and participation by, people with disabilities. Reporting in compliance with the Commonwealth Disability Strategy continues to provide the ALRC with the impetus to improve its policy, procedures and approach to working and communicating with people with a disability. The ALRC plays

two core government roles: policy adviser and employer.

Table 11: Policy Adviser Role

Goal Achievement

Revised Goal for 2008-09

Continue to provide Goal achieved. No change

advice on availability of The ALRC routinely makes new publications to goal.

alternative formats, as available in HTML, RTF and PDF formats.

publications are released. Consultation papers and reports printed in the reporting period contained advice about the availability of alternative formats.

This information is also published on the ALRC’s website.

Implement Goal achieved. No change

Communications This is an ongoing goal. to goal.

with People with a The ALRC’s Communications with People Disability Procedures with a Disability Procedures provide as consultations are guidance for ALRC staff on how to consider arranged in association the needs of people with a disability when with ALRC inquiries. organising consultation meetings. The

procedures discuss facilities to assist people with hearing impairments and people with a disability who speak a language other than English.

Relevant staff take these procedures into account when organising consultations.

Identify issues of Goal achieved. No change

relevance to people with a disability for each reference, and consult with appropriate disability

groups on those issues.

This is an ongoing goal. to goal. 5

Goal Achievement

Revised Goal for 2008-09

Continue the project to Goal not yet achieved. No change

provide HTML versions of all past reports, currently available only in PDF and ASCII.

This is a revised goal that is expected to take several years to achieve. All older ALRC reports are available in either ASCII

or PDF format. The ALRC is attempting to enhance further accessibility by also making these reports available in HTML. This is a time-consuming process involving

a substantial amount of manual editing.

to goal.

Monitor ALRC website Goal achieved. No change

to ensure it remains compliant with relevant standards for access by people with a disability.

This is an ongoing goal.

ALRC staff monitor current developments in relation to accessibility by people with a disability.

to goal

Table 12: Employer Role

Goal Achievement

Revised Goal for 2008-09

Consider and take into Goal achieved. No change

account the principles This is an ongoing goal. to goal.

of the Disability The ALRC considers that its policies,

Discrimination Act 1992 procedures and practices are consistent (Cth) and incorporate them into any new or revised employment and staff development policies,

practices and procedures.

with the principles of the Act.

Ensure all key ALRC Goal achieved. No change

documents are available This is an ongoing goal. to goal.

in HTML or RTF format on All recent ALRC reports and consultation the ALRC website. papers— including Annual Reports— are available on the internet in HTML format. Job advertisements are posted on the

ALRC home page in RTF format.

Key documents such as the Corporate Plan 2006-08, the Organisational Chart, relevant ALRC policies, information on the internship program and information on the general work program of the ALRC, are available on the website in accessible formats.

Financial Statements

Research, Communications and Corporate Support teams, from left to right: Mr Alan Kirkland, Ms Lani Blackman, Ms Esther Naulumatua, Ms Vicki Jackson, Ms Carolyn Kearney, Ms Lucy Kippist, Ms Trisha Manning, Ms Dimitra Zinonos, Emeritus Professor David Weisbrot AM

and Ms Maria Zacharia

INDEPENDENT AUDITOR’S REPORT

To the Attorney-General

Scone

We have audited the accompanying financial statements o f the Australian Law Reform Commission (the Commission) for the year ended 30 June 2008 which comprise: a Statement by the Members; Income Statement; Balance Sheet; Statement of Changes in Equity; Cash Flow Statement; Schedules o f Commitments and Contingencies; and Notes to and forming part o f the Financial Statements.

The Responsibility o f the Members o f the Commission fo r the Financial Statements

The members o f the Commission are responsible for the preparation and fair presentation of the financial statements in accordance with Finance Minister’s Orders made under the Commonwealth Authorities and Companies Act 1997, and Australian Accounting Standards (including Australian Accounting Interpretations). This responsibility includes establishing

and maintaining internal controls relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.

Auditor’s Responsibility

My responsibility is to express an opinion on the financial statements based on our audit. Our audit has been conducted in accordance with the Australian National Audit Office Auditing Standards, which incorporate Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit

engagements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment o f the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor

considers internal control relevant to the Commission’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Commission’s internal control An audit also includes evaluating the appropriateness of

accounting policies used and the reasonableness o f accounting estimates made by the members, as well as evaluating the overall presentation of the financial statements.

P O B o x A 4 5 6 S y d n e y S o u th N S W 12 35 13 0 E liz a b e th S tre e t S Y D N E Y N S W P h o n e (0 2 ) 9 3 6 7 71 0 0 F a x (0 2 ) 9 3 6 7 71 0 2

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I believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for my audit opinion.

Independence

In conducting the audit, we have followed the independence requirements of the Australian National Audit Office, which incorporate the requirements of the Australian accounting profession.

Auditor's Opinion

In my opinion, the financial statements o f the Australian Law Reform Commission:

(a) have been prepared in accordance with Finance Minister’s Orders made under the Commonwealth Authorities and Companies Act 1997 and Australian Accounting Standards; and

(b) give a true and fair view o f the matters required by the Finance Minister’s Orders including the Australian Law Reform Commission’s financial position as at 30 June 2008 and of its financial performance and cash flows for the year then ended.

Australian National Audit Office

P Hinchey Senior Director Delegate of the Auditor-General

Sydney 3 September 2008

Statement by Members For the year ended 30 June 2008

in our opinion, the attached financial statements for the year ended 30 June 2008 are based on properly maintained financial records and give a true and fair view o f the matters required by the Finance Minister’s Orders made under the C o m m o n w e a lth A u th o ritie s a n d C o m pa nies A c t 1997.

In our opinion, at the date o f this statement, there are reasonable grounds to believe that the Commission w ill be able to pay its debts as and when they become due and payable.

This statement is made in accordance with a resolution o f the members.

Professor David Weisbrot President 3 September 2008

Commissioner 3 September 2008

(y v i

Professor Rosalind Croucher Commissioner 3 September 2008

A U S T R A L IA N L A W R E F O R M C O M M ISSIO N

INCOME STATEMENT F or the year ended 30 June 2008

Notes 2008 2007

$ $

INCOME Revenue

Revenues from government 3A 3,382,000 3,366,000

Sale of goods and rendering of services 3B 19,166 17,619

Interest 3C 130,679 106,404

Other revenue 3D 384 5,307

Total revenue 3,532,229 3,495,330

TOTAL INCOME 3,532,229 3,495.330

EXPENSES

Employee benefits 4A 2,500,938 2,254,538

Suppliers 4B 1,171,257 1,083,088

Depreciation and amortisation 4C 65,720 78,812

Finance costs 4D 4,842 4,842

TOTAL EXPENSES 3,742,757 3,421,280

SURPLUS (DEFICIT) ATTRIBUTABLE TO THE AUSTRALIAN GOVERNMENT (210,528) 74,050

The a bo ve sta te m e n t s h o u ld be re a d in c o n ju n c tio n w ith the a cco m p a n y in g notes

A U S T R A L IA N L A W R E F O R M C O M M ISSIO N

BALANCE SHEET as at 30 June 2008

ASSETS Financial Assets

Notes 2008

$

2007 $

Cash and cash equivalents 5A,14E 1,589,114 1,672,552

Receivables 5B,14E 36,958 41,510

Total Financial Assets 1,626,072 1,714,062

Non-Financial Assets Land and buildings 6A 26,787 33,089

Infrastructure, plant & equipment 6B 240.027 178,571

Other non-financial assets 6D 84,848 71,293

Total Non-Financial Assets 351,662 282,953

TOTAL ASSETS LIABILITIES Payables

1,977,734 1,997,015

Suppliers 7A 115,375 73,569

Total Payables 115,375 73,569

Provisions Employee provisions 8A 668,639 526,873

Other provisions 8B 90,870 86,028

Total Provisions 759,509 612,901

TOTAL LIABILITIES 874,884 686,470

NET ASSETS 1,102.850 1,310,545

EQUITY Asset revaluation reserve 61.464 61,464

Retained surpluses 1,041.386 1,249,081

TOTAL EQUITY 1,102,850 1,310,545

Current assets 1,710,920 1,785,355

Non-current assets 266.814 211,660

Current liabilities 760,251 583,555

Non-current liabilities 114.633 102,915

The above sta te m e n t s h o u ld be r e a d in c o n ju n c tio n w ith the a c c o m p a n y in g notes

A U S T R A L IA N LA W R E F O R M C O M M ISSIO N

CASH FLOW STATEMENT fo r the year ended 30 June 2008

Notes 2008 2007

OPERATING ACTIVITIES $ $

Cash Received Appropriations 3,382,000 3,366,000

Goods and services 19,166 17,619

Interest 130,679 106,404

Other 384 5,307

Net GST received 21,398 21,311

Total cash received 3,553,627 3,516,641

Cash Used Employees (2,359,172) (2,261,113)

Suppliers (1,157,019) (1,089,664)

Total cash used (3,516,191) (3,350,777)

Net cash from operating activ ities 9 37,436 165,864

INVESTING ACTIVITIES Cash received Proceeds from sales of property, plant and equipment -

Total cash received -

Cash used Purchase o f property, plant and equipment (120,874) (60,279)

Total cash used (120,874) (60,279)

Net cash used by investing activities (120,874) (60,279)

N et increase/(decrease) in cash held (83,438) 105,585

Cash at the beginning of the reporting period 1,672,552 1,566,967

Cash and cash equivalents at the end of the reporting period 5A 1,589,114 1,672,552

The above statem ent s h o u ld be re a d in c o n ju n c tio n w ith the a c c o m p a n y in g notes

A U S T R A L IA N L A W R E F O R M C O M M ISSIO N

STATEMENT of CHANGES in EQUITY for the year ended 30 June 2008

Opening balance

Adjustment for error Adjustment for changes in Accounting policies Adjustment opening balance Income and expense recognised Directly in Equity

Income and expense recognised Directly in Equity Subtotal income and expenses recognised directly in equity Surplus (Deficit) for the year

Total income and expenses

Closing balance as at 30 June Closing balance attributable to the Australian Government

Retained Earnings Asset Revaluation Reserve Total Equity 2008 2007 2008 2007 2008 2007

$ $ $ $ $ $

1,249,081 1,175,031 61,464 61,464 1,310,545 1,236,495

2,833 2,833

- - - - -

1,251,914 1,175,031 1,313,378 1,236,495

- - - - -

- - - - - -

(210,528) 74,050 - - (210,528) 74,050

(210,528) 74,050 (210,528) 74,050

1,041,386 1,249,081 61,464 61.464 1,102,850 1,310,545

1,041,386 1,249,081 61,464 61,464 1,102,850 1,310,545

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The a b o ve sta te m e n t s h o u ld be r e a d in c o n ju n c tio n w ith the a cco m p a n y in g notes

A U S T R A L IA N L A W R E F O R M C O M M ISSIO N

SCHEDULE OF COMMITMENTS as at 30 June 2008 2008 2007

By Type

$ $

Commitments receivable GST recoverable on commitments 252,529 302,627

Total Commitments Receivable 252,529 302,627

Other commitments Operating leases 1 2,777,818 3,328,896

Total other commitments 2,777,818 3,328,896

Net commitments by type

By Maturity

2,525,289 3,026,269

Operating lease commitments One year or less 611,673 581,787

From one to five years 2,166,144 2,747,109

Over five years - -

Total Operating Lease commitments 2,777,817 3,328,896

Commitments receivable (252,529) (302,627)

Net Commitments by maturity 2,525,288 3,026,269

Note 1: Commitments are GST inclusive where relevant.

Nature o f lease General description o f leasing arrangement

Lease for office accommodation The Commission has entered into a 10 year lease agreement (through until 30 September 2012). Lease

payments are subject to an annual increase of 4%.

SCHEDULE OF CONTINGENCIES As at 30 June 2008

There are no known contingencies as at 30 June 2008.

The above schedules s h o u ld be re a d in c o n ju n c tio n w ith the a cco m p a n yin g

1 2 3 4

5 6 7 8

9

10 11 12 13

14 15 16

A U STR A LIA N LAW R E F O R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Description

Summary o f Significant Accounting Politic: Events after the Balance Sheet Date Income Operating Expenses Financial Assets Non-Financial Assets Payables Provisions Cash Flow Reconciliatior

Members' Remuneration Related Party Disclosures Executive Remuneration Remuneration o f Auditors Financial Instruments Reporting o f Outcomes Appropriations

Note 1: Summary of Significant Accounting Policies

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

1.1 Objectives of the Australian Law Reform Commission

The financial statements are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 and are a general purpose financial report.

The continued existence of the Commission in its present form and with its present programs is dependent on Government policy and on continuing appropriations by Parliament for the Commission's administration and programs.

The Financial Statements and notes have been prepared in accordance with:

. Finance Minister's Orders (or FMOs, being th^Commonwealth Authorities and Companies Orders (Financial Statements fo r reporting periods ended on or after 01 July 2007)) ; and

. Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board that apply for the reporting period.

The financial report has been prepared on an accmal basis and is in accordance with historical cost convention, except for certain assets at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position.

The financial report is presented in Australian dollars and values are rounded to the nearest dollar.

Unless alternative treatment is specifically required by an accounting standard or FMOs, assets and liabilities are recognised in the Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under agreements equally proportionately unperformed are not recognised unless required by an Accounting Standard.

Unless alternate treatment is specifically required by an accounting standard, revenues and expense are recognised in the Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured.

1.2 Significant Accounting Judgements and Estimates

No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next accounting period.

1.3 Statement of Compliance Adoption o f new Australian Accounting Standard requirements No accounting standard has been adopted earlier than the effective date in the current period.

The following adopted requirements have resulted in a change to the Commission’s accounting policies or have affected the amounts reported in the current or prior periods or are estimated to have a financial affect in future reporting periods.

Financial Instrument Disclosure

AASB 7 Financial Instruments: Disclosures is effective for reporting periods beginning on or after 1 January 2007 (the 2007-08 financial year) and amends the disclosure requirements for financial instruments. In general AASB 7 requires greater disclosure than that previously required. Associated with the introduction of AASB 7 a number of accounting standards were amended to reference the new standard or remove the present disclosure requirements through 2005-10 Amendments to Australian Accounting Standards (AASB 132, AASB 101, AASB 114, AASB 117, AASB 133, AASB 139, AASB 1, AASB 4, AASB 1023 & AASB 1038). These changes have no financial impact but will affect the disclosure presented in future financial reports.

The following new standards, amendments to standards or interpretations for the current financial year have no material impact on the Commission.

2007-4 Amendments to Australian accounting Standards arising from ED 151 and other amendments and Erratum: Proportionate Consolidation

2007-7 Amendments to Australian Accounting Standards

UIG Interpretation 11 AASB 2- Group and Treasury Share Transactions and 2007-1 Amendments to Australian Accounting-Standards arising from AASB Interpretation 11.

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Future Australian Account ins Standard requirements

The following new standards, amendments to standards or interpretations have been issued by the Australian Accounting Standards Board but are effective for future reporting periods. It is estimated that the impact of adopting these pronouncements when effective will have no material financial impact on future reporting periods.

The following new accounting standards (including reissued standards)/errata/interpretations are applicable to the 2007/08 financial year:

AASB 7 Financial Instruments: Disclosures AASB 101 Presentation of Financial Statements (issued October 2006)

AASB 1048 Interpretation and Application of Standards (reissued September 2007) AASB 2005-10 Amendments to Australian Accounting Standards AASB 1,4,101,117,132,1,133,139,1023,1038 AASB 2007-1 Amendments to Australian Accounting Standards arising from AASB interpretation

11 [AASB]

AASB 2007-4 Amendments to Australian Accounting Standards arising from ED 151 and other amendments AASB 2007-5 Amendments to Australian Accounting Standard- Inventories Held for Distribution by Not-for-Profit Entities [AASB 102]

AASB 2007-7 Amendments to Australian Accounting Standards [AASB 1,2,3,5,107,128]

AASB 2008-4 Amendments to Australian Accounting Standard- Key Management Personnel Disclosures by Disclosing Entities [AASB 124]

ERR Erratum Proportionate Consolidation [AASB 101, AASB 107, AASB 121 AASB 127, interpretation 113]

Interp 10 Interim Financial Reporting and Impairment

Interp 11 AASB 2 Group and Treasury Share Transactions

Interp 1003 Australian Petroleum Resource Rent Tax

The following new standards (including reissued standards)/ interpretations are applicable to future accounting periods:

AASB 3 Business Combinations

AASB 8 Operating Segments

AASB 101 Presentation of Financial Statements (issued September 2007)

AASB 123 Borrowing Costs

AASB 127 Consolidated and Separate Financial Statements

AASB 1004 Contributions

AASB 1049 Whole of Government Sector Financial Reporting

AASB Administered Items

AASB 1051 Land Under Roads

AASB 1052 Disaggregated Disclosures

AASB 2007-2 Amendments to Australian Accounting Standards arising from AASB Interpretation 12 [AASB 1, AASB 117, AASB 118, AASB 120, AASB 127 AASB 131 & AASB 139]

AASB 2007-3 Amendments to Australian Accounting Standards arising from AASB 8

AASB 2007-6 Amendments to Australian Accounting Standards arising from AASB 123

AASB 2007-8 Amendments to Australian Accounting Standards arising from AASB 101

AASB Amendments to Australian Accounting Standards arising from the Review of AASs 27,29 and 31 [AASB 3, AASB 5, AASB 101, ASB 114, AASB 116, AASB 127 & AASB 137]

AASB 2008-1 Amendments to Australian Accounting Standard - Share-based Payments: Vesting Conditions and Cancellations [AASB 2]

AASB 2008-2 Amendments to Australian Accounting Standards-Puttable Financial Instruments and Obligations arising on Liquidation [AASB 7, AASB 101, AASB 132, AASB 138 & 139 AND Interpretations 9 & 107] Interp 1 Changes in Existing Decommissioning, Restoration and Similar Liabilities

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Interp 4 Determining Whether an Arrangements Contains a Lease

Interp 12 Service Concession Arrangements

Interp 13 Customer Loyalty Programmes

Interp 14 AASB 119- The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction

Interp 129 Service Concession Arrangements Disclosures

Interp 1038 Contributions by Owners Made to Wholly-Owned Public Section Entities

1.4 Revenue

Revenue from sale of goods is recognised when: . The risks and rewards of ownership have been transferred to the buyer;

. The seller retains no managerial involvement nor effective control over the goods;

. The revenue and transaction costs incurred can be reliably measured; and

. It is probable that the economic benefits associated with the transaction will flow to the

Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when:

. The amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and

. The probable economic benefits with the transaction will flow to the entity.

The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any provision for bad and doubtful debts. Collectability o f debts is reviewed at balance date. Provisions are made when collectability of the debt is no longer probable.

Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement.

Revenues from Government Amounts appropriated for Departmental outputs appropriations for the year (adjusted for any formal additions and reductions) are recognised as revenue, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned.

Appropriations receivable are recognised at their nominal amounts.

1.5 Employee Benefits

Liabilities for services rendered by employees are recognised at the reporting date to the extent that they have not been settled.

Liabilities for ‘short-term employee benefits’ (as defined in AASB 119) and termination benefits due within twelve months o f balance date are measured at their nominal amounts.

The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

All other employee benefit liabilities are measured at the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date.

The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Commission is estimated to be less than the annual

entitlement for sick leave.

The leave liabilities are calculated on the basis of employees’ remuneration, including the Commission's employer superannuation contribution rates to the extent that the leave is likely to be taken'duririg service rather than paid out on termination.

A U ST R A L IA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART O F THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

The liability for long service leave is the present value of employee entitlements based on the Australian Government shorthand method as per the FMOs. The estimate o f the present value o f the liability takes into account attrition rates and pay increases through promotion and inflation.

Separation and Redundancy

Provision is made for separation and redundancy benefit payments. The Commission recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

S uperann nation

Since 1 July 1997, the Commission has not been an approved authority for the purposes of the Superannuation Act 1990 (Cth) and therefore employees appointed on or after that date are not eligible for membership of the PSS.

Employees who were appointed prior to 1 July 1997, and who have maintained their membership of the PSS or CSS, are permitted to continue their membership of those schemes.

For employees not covered by the above, the Commission contributes to the superannuation fund nominated by the employee at the rate of 9% of salary, provided that the nominated fund is regulated by the Superannuation Industry (Supervision) Act 1993 (Cth). In addition, in the case of an employee who elects to make an additional personal superannuation contribution, the Commission makes a matching contribution up to a maximum of 3% of the employee's annual salary.

The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year.

1.6 Leases

Operating lease payments are expensed on a basis which is representative of the pattern of benefits derived from the leased assets.

1.7 Cash

Cash and cash equivalents includes notes and coins held and any deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount.

1.8 Trade Creditors

Trade creditors and accruals are recognised at their nominal amounts, being the amounts at which liabilities will be settled. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

1.9 Financial Assets

The Australian Law Reform Commission classifies its financial assets in the following category:

Financial assets as at fair value through profit or loss. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition.

Financial assets are recognised and derecognised upon"trade date".

1.10 Property (Land and Buildings), Infrastructure, Plant and Equipment

Asset recognition threshold

Purchases of property, plant and equipment are recognised initially at cost in the Balance Sheet, except for purchases costing less than $1,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The $1,000 threshold was selected because it facilitates efficient asset management and recording without greatly affecting asset values recognised.

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. This is particularly relevant to 'make good' provisions in property leases taken up by the Commission where there exists an obligation to restore the property to its original condition. These costs are included in the value of the Commission's leasehold improvements with a corresponding provision for the 'make good' taken up.

Revaluations

Land, buildings, infrastructure, plant and equipment are carried at fair value, being revalued with sufficient frequency such that the carrying amount of each asset is not materially different, at reporting date, from its fair value. Valuations undertaken in each year are as at 30 June.

Fair values for each class of assets are determined as shown below.

Asset Class Fair value measured at:

Leasehold

Improvements

Depreciated replacement cost

Infrastructure, Plant & Equipment Market selling price

Following initial recognition at cost, valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not materially differ from the assets' fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised through the Income Statement. Revaluation decrements for a class of assets are recognised directly through the Income

Statement except to the extent that they reverse a previous revaluation increment for that class.

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Frequency

Infrastructure, plant and equipment were formally valued by independent valuers as at 30 June 2005 on the fair value basis in accordance with the Finance Minister's Orders.

The Commission is required to revalue its non-current assets with sufficient frequency so that their carrying amounts at each date of reporting do not differ materially from their fair value.

Conduct

All valuations are conducted by an independent qualified valuer.

104

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Depreciation

Depreciable property, plant and equipment are written off to their estimated residual values over their estimated useful lives to the Commission using, in all cases, the straight-line method o f depreciation. Useful lives are reviewed at each balance date.

Depreciation rates (useful lives) and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Depreciation rates applying to each class of depreciable asset are based on the following useful lives.

2008 2007

Leasehold improvements Lease term Lease term

Plant and Equipment 3-10 years 3-10 years

The aggregate amount of depreciation allocated for each class of asset during the year is disclosed in Note 4C.

Impairment

All assets were assessed for impairment at 30 June 2008. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset's recoverable amount is less than its carrying amount.

The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset's ability to

generate future cash flows, and the asset would be replaced if the Commission were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

No indicators of impairment were found for assets at fair value.

1.11 Taxation

The Commission is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST).

Revenues, expenses and assets are recognised net of GST: except where the amount o f GST incurred is not recoverable from the Australian Taxation Office; anc • except for receivables and payables.

1.12 Insurance

The Commission has commercial insurance with Comcover for: Material Damage, Business Interruption, Theft, Public & Products Liability and Directors & Officers Liability. Losses are expensed as incurred. Leased vehicles are insured by the lessor. Workers compensation is insured through Comcare Australia.

1.13 Comparative Figures

Where appropriate, comparative figures have been restated to comply with the current presentation of the financial statements.

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 2: Events after the Balance Sheet Date

The Commission is not aware of any significant events that have occurred since balance date which warrant disclosure in these statements.

2008 2007

Note 3: Income $ $

Revenues

Note 3 A. Revenues from Government Appropriations for outputs 3,382,000 3,366,000

Total revenues from government 3,382,000 3,366,000

Note 3B. Goods and Services Goods 19,166 17,619

Total sales o f goods and services 19,166 17,619

Provision of goods to: External entities 19,166 17,619

Total sales of goods 19,166 17,619

Note 3C. Interest Interest on deposits 130,679 106,404

Note 3D. Other Other revenue 384 5,307

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

2008 2007

Note 4: Operating Expenses

$ $

Note 4A. Employee Benefits

Wages and salaries Superannuation

2,167,942 1,985,458

Defined contribution plans 86,142 88,586

Defined benefit plans 163,746 137,731

Leave and other entitlements 83,108 42,763

Total employee expenses 2,500,938 2,254,538

Note 4B. Suppliers

Provision of goods - external entities 610,552 554,840

Operating lease rentals* 547,319 511,953

Workers compensation premiums 13,386 16,295

Total supplier expenses

* These comprise minimum lease payments only.

1,171,257 1,083,088

Note 4C. Depreciation and Amortisation

Depreciation 65,720 78,812

The aggregate amounts of depreciation expensed during the reporting period for each class of depreciable asset are as follows:

Plant and equipment 59,418 72,507

Leasehold improvements 6,302 6,305

Total depreciation and amortisation 65,720 78,812

Note 4D. Finance Costs

Unwinding of discount 4,842 4,842

Total finance costs 4,842 4,842

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART O F THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

2008 2007

$ $

Note 5: Financial Assets

Note 5A. Cash and cash equivalents

Cash on hand or on deposit 1,589,114 1,672,552

Total cash and cash equivalents 1,589,114 1,672,552

Note SB.Trade and other receivables

Goods and services 5,421 11,205

Appropriations receivable for existing outputs 9,761 8,952

Total appropriations receivable 15,182 20,157

GST receivable from the Australian Taxation Office Other receivables 21,776 21,353

Total other receivables 21,776 21,353

Total trade and other receivables (gross) 36,958 41,510

All receivables are current assets.

All receivables are with entities external to the entity. Credit terms are net 30 days (2007: 30 days).

Receivables are aged as follows: Current 32,480 41,510

Overdue by:

- less than 30 days - -

- 30 to 60 days - -

- 61 to 90 days - -

- more than 90 days 4,478 -

Total receivables (net) 36,958 41,510

Note 6: Non-Financial Assets

Note 6A. Land & buildings

Leasehold improvements

- fair value 63,030 63,030

- accumulated amortisation (36,243) (29,941)

26,787 33,089

Total leasehold improvements 26,787 33,089

Total land & buildings (non-current) 26,787 33,089

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

2008 2007

Note 6B. Infrastructure. Plant and Equipment

Infrastructure plant and equipment

$ $

-cost 367,863 246,989

- accumulated depreciation (137,616) (91,720)

230,247 155,269

- fair value 188,648 188,648

- accumulated depreciation (178,868) (165,346)

9,780 23,302

Total infrastructure, plant and equipment (non-current) 240,027 178,571

All revaluations are conducted in accordance with the revaluation policy stated at

Note 1.

Note 6C. Analysis of Property. Plant and Equipment

TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment 2007-08

Land and Infrastructure Buildings Plant &

Equipment Total

$ $ $

As at 1 July 2007

Gross book value 63,030 435,637 498,667

Accumulated depreciation/amortisation (29,941) (257,066) (287,007)

Net book value 1 July 2007 33,089 178,571 211,660

Additions

by purchase - 120,874 120,874

Depreciation/ amortisation expense (6,302) (59,418) (65,720)

Net book value 30 Jnue 2008 26,787 240,027 266,814

Net book value as of 30 June 2008 represented by:

Gross book value 63,030 556,511 619,541

Accumulated depreciation/amortisation (36,243) (316,484) (352,727)

26,787 240,027 266,814

The Commission does not hold assets under construction or finance leases

to *

c

A U STR A LIA N LAW R E FO R M C O M M ISSIO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 6C. Analysis of Property. Plant and Equipment fcont.-!

TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment 2006-07

Land and Infrastructure Buildings Plant &

Equipment Total

$ $ $

As at 1 July 2006 Gross book value Accumulated Depreciation/amortisation 63,030

(23,636)

375,358 (184,559)

438,388 (208,195)

Net book value 1 July 2006 39,394 190,799 230,193

Additions by purchase Depreciation/ amortisation expense (6,305)

60,279 (72,507)

60,279 (78,812)

Net book value 30 June 2007 33,089 178,572 211,660

Net book value as of 30 June 2007 represented by:

Gross book value Accumulated depreciation/amortisation 63,030 (29,941)

435,637 (257,066)

498,667 (287,007)

33,089 178,571 211,660

The Commission does not hold assets under construction or finance leases 2008 $ 2007

$

Note 6D. Other Non-Financial Assets

Prepayments 84,848 71,293

A l l o t h e r n o n - f in a n c ia l a s s e ts a re c u r r e n t a sse ts

A U STR A LIA N LAW R E F O R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

2008 2007

Note 7: Payables

$ $

Note 7A. Suppliers .

Trade creditors 115,375 73,569

Total supplier payables

All supplier payables are current liabilitie; Settlement terms are net 30 days.

Note 8: Provisions

115,375 73,569

Note 8A. Emolovee Provisions

Salaries and wages 46,793 55,875

Leave 619,099 469,179

Superannuation 2,747 1,819

Total employee provisions

Employee provisions are represented by:

668,639 526,873

Current 644,876 509,986

Non-current 23,763 16,887

Total employee provisions 668,639 526,873

The classification o f current provisions includes amounts for which there is not an unconditional right of deferral o f one year, hence in the case of employee provisions the above classification does not equal the amount expected to be settled within one year of reporting date. Employee provisions expected to be settled in one year are

$644,876 (2007: $509,986) in excess of one year $23,763 (2007: $16,887).

2008 2007

Note 8B: Other Provisions $ $

Provision for 'Makegood' 90,870 86,028

90,870 86,028

Provision for Provision for restoration restoration $ 81,186 Carrying amount 1 July 86,028

Additional provisions mad( -

Amounts used - -

Unwinding of discount or change in discount rate 4,842 4,842

Closing balance

All other provisions are non-current liabilities.

90,870 86,028

The Commission has an agreement for leasing its premises which has provisions requiring the Commission to restore the premises to their original condition at the conclusion of the lease. The Commission has made a provision to reflect the present value of this obligation.

A U STR A LIA N LAW R E F O R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 9: Cash Flow Reconciliation 2008 2007

$ $

Reconciliation of cash per Balance Sheet to Statement of Cash Flows

Report cash and cash equivalents as per:

Cash Flow Statement 1,589,114 1,672,552

Balance Sheet 1,589,114 1,672,552

Difference -· -

Reconciliation of operating result to net cash from operating activities:

Operating result (210,528) 74,049

Depreciation 65,720 78,812

(Increase)/decrease in receivables 4,975 (10,287)

(Increase)/decrease in prepayments (13,555) (14,160)

IncreaseZ(decrease) in suppliers 41,848 (1,526)

Increase/(decrease) in other provisions 4,842 4,842

Increase/(decrease) in employee provisions 144,134 34,134

Net cash from operating activities 37,436 165,864

Note 10: Members' Remuneration

2008 2007

$ $

The number of members of the Commission included in these figures are shown below in the relevant remuneration bands. Number Number

$ 80,000 - $ 94,999 - 2

$ 195,000- $ 209,999 - 1

$ 230,000 - $ 244,999 2 -

$ 345,000 - $ 359,999 - 1

$ 360,000 - $ 374,999 1

Total number of members of the Commission 3 4

Total Remuneration received or due and receivable by the members o f the Commission 831,019 719,787

The three members included in this Note are the full-time members disclosed in Note 11.

Note 11: Related Party Disclosures Members of the Commission during the year were:

Full-time members Professor David Weisbrot (from 07/06/99) Professor Les McCrimmon (from 04/01/05) Professor Rosalind Croucher (from 05/02/07)

A U STR A LIA N LAW R E F O R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED SO JUNE 2008

Part-time members Justice Susan Kiefel (from 07/04/03 until 02/09/07) Justice Susan Kenny (from 14/05/03) Justice Robert French (from 15/07/06) Justice Bema Collier (from 02/10/07) The aggregate remuneration o f members is disclosed in Note 10.

In accordance with the Australian Law Reform Commission Act 1996, only members who do not hold a judicial office are to be paid such remuneration as the Remuneration Tribunal determines.

Note 12: Executive Remuneration

The number of senior executives who received or ~(|1

were due to receive total remuneration of $130,000 or more: Number Number

$145,000- $159,999 $160,000- $174,999 1

1

Total 1 1

The aggregate amount o f total remuneration of executives shown above. 174,953 146,872

The aggregate amount o f separation and redundancy/termination benefit payments during the year to executives shown above.

Note 13: Remuneration of Auditors

Nil Nil

The fair value of the services provided was: Australian National Audit Office 18,000 18,000

N o o t h e r s e r v ic e s w e r e p r o v id e d b y th e A u d it o r - G e n e r a l.

A U STR A LIA N LAW R E FO R M C O M M ISSIO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 14: Financial Instruments

Note 14A: Categories of Financial Instruments

Financial Assets

2008

$

2007

$

Cash and cash equivalents

Receivables

Carrying amount o f financial assets

Financial Liabilities

At amortised cost

Payables- suppliers

Carrying amount o f financial liabilities

1,589,114 1,672,552

36,958 41,510

1,626,072 1,714.062

115.375 73,569

115.375 73,569

Note 14B: Net income and expense from financial assets

Interest revenue

N et gain/floss) held-to-maturity

130.679 106,404

130.679 106,404

Note 14C: Net income and expense from financial liabilities

Financial liabilities - as amortised cost

There is no income or expense from financial liabilities at amortised cost in the year ending 30 June 2008.

Note 14D: Fee Income and Expense

T h e C o m m is s io n h a s n o fe e in c o m e a n d e x p e n s e .

A U STR A LIA N LAW R E F O R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 14E. Fair Values of Financial Instruments 2008 2007

Carrying Carrying

amount Fair value amount Fair value $ $ $ $

Financial Assets

C a s h a t b a n k

R e c e i v a b l e s f o r g o o d s a n d s e r v i c e s ( n e t)

1,589,114 36,958 1,589,114 36,958

1 ,6 7 2 ,5 5 2

4 1 ,5 1 0

1 ,6 7 2 ,5 5 2

4 1 , 5 1 0

Total 1,626,072 1,626,072 1 ,7 1 4 ,0 6 2 1 ,7 1 4 ,0 6 2

Financial Liabilities

T r a d e c r e d ito r s 115,375 115,375 7 3 ,5 6 9 7 3 ,5 6 9

Total 115,375 115,375 7 3 ,5 6 9 7 3 ,5 6 9

Financial assets

The net fair values of cash, deposits on call and receivables approximate their carrying amounts.

Financial liabilities

The net fair value for trade creditors all of which are short-term in nature is approximated by the carrying amounts.

Note 14 F: Credit Risk

The Commission's maximum exposures to credit risk at reporting date in relation to each class of recognised financial assets is the carrying amount of those assets as indicated in the Balance Sheet.

The Commission has no significant exposures to any concentrations of credit

Note 14 G: Liquidity risk

The Commission's financial liabilities are supplier payables. The exposure to liquidity risk is based on the notion that the Commission will encounter difficulty in meeting its obligations associated with financial libailities. This is highly unlikely due to appropriation funding and internal policies and procedures put in

place to ensure there are appropriate resources to meet its financial obligations.

Note 14 H: Market Risk

The Commission holds basic financial instruments that do not expose the Commission to certain market risks. The Commission is not exposed to 'Currency risk' or 'Other price risk'.

Interest Rate Risk

The Commission is not exposed to Interest Rate risk.

NotelS: Reporting of Outcomes

Note 15A: Outcomes of the Commission

The Commission operates predominantly in one industry, being a statutory authority whose primary function is to provide policy advice to the Federal Government and Parliament on matters referred to it by the Attorney-General.

The Commission is structured to meet one outcome and two outputs:

Outcome : "The development and reform of aspects of the laws of Australia to ensure that they are equitable, modem, fair and efficient". Output 1.1: Reports and community consultation documents.

Output 1.2: Information and education services to enhance community consultation and participation in the law reform process.

r l

s-

f

A U STR A LIA N LAW R E FO R M C O M M ISSIO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

FOR YEAR ENDED 30 JUNE 2008

Note 15B: Net Cost of Outcome Delivery’

Outcome 1 Total

2008 2007 2008 2007

$ S $ $

Departmental expenses 3,742,757 3,421,280 3,742,757 3,421,281 Total expenses Costs recovered from provision o f goods and services to the non-

3,742,757 3,421,280 3,742,757 3,421,281

government sector Departmental expenses Total costs recovered - -

Other external revenues Departmental Sale of goods and services - to related entities

19,166 17,619 19,166 17,619

Interest 130,679 106,404 130,679 106404

Gain from disposal of assets - - - -

Other 384 5,307 384 5,307

Total Departmental 150,229 129,330 150,229 129,330

Total other external revenues 150,229 129,330 150,229 129,330 Net cost/(contribution) of outcome 3,592,528 3,291,950 3,592,528 3,291,950

Note 15C. Major Classes of Departmental Revenues and Expenses bv Output Groups and Outputs

All the Commission's revenues, expenses, assets and liabilities are attributable to two outputs. The Commission varied its output structure from one to two outputs in 2002-03 to better reflect the nature of outputs produced.

Outcome Outcome Total

Output Output Output Output

1.1 1.2 1.1 1.2

2008 2008 2007 2007 2008 2007

$ $ $ $ $ $

Departmental expenses: Employees 2,410,717 90,221 2,129,481 125,058 2,500,938 2,254,538

Suppliers 1,070,945 100,312 1,044,730 38,357 1.171,257 1,083,088

Depreciation and amortisation 65,720 - 78,812 - 65,720 78,812

Finance Costs 4,842 - 4,842 - 4,842 4,842

Total departmental expenses 3,552,224 190.533 3,257,865 163,415 3,742,757 3,421,280

Funded bv: Revenues from Government 3,191.467 190,533 3,202,585 163,415 3.382.000 3,366,000

Sale of goods and services 9,122 10,044 9,169 8,450 19,166 17,619

Interest 130,679 - 106,404 130,679 106,404

Gain from disposal of assets - - - - - -

Other 384 5,307 - 384 5,307

Total departmental revenues 3,331,652 200,577 3,323,465 171,865 3,532,229 3,495,330

The Commission's outcomes and outputs are described in Note ISA.

116

Note 16: Appropriations

A U STR A LIA N LAW R E FO R M C O M M ISS IO N

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS

‘ FOR YEAR ENDED 30 JUNE 2008

Table A: Acquittal of the Commission to Draw Cash from the Consolidated Revenue Fund for Ordinary Annual Serv ices Appropriations and borrow ings

Particulars

Administered Expenses

Total

Outcome 1 Outcome 2

2008 2007 2008 2007 2008 2007 2008 2007

Balance carried from previous period - -

Appropriation Act:

Appropriation Act (N o.l) 2007-08 3,382,000 3,366,000 3,382,000 3,366,000

Appropriation Act (No. 3) 2007-08 - - -

Appropriation Act (No. 5) 2007-08 - - -

Departmental adjustments by the Finance Minister (Appropriation) - - -

6ofntover receipts (Appropriation Act s 13) - - -

Advance to the Finance Minister - - - - -

Reductions: - - - - - -

- prior years - - - - - - - -

- current year - - - - - - -

FMA Act: - - - - - - -

Refunds credited (FMA s 30) - - - - - - -

Appropriations to take account o f recoverable GST (FMA s 30A) - - - - - - -

Annotations to ‘net appropriations’ (FMA s 31) - - - - - - -

Adjustment of appropriations on change o f entity function (FMA s32) - - - - - - -

Total appropriation available for payments - - - - 3,382.000 3,366,000 3,382.000 3,366,000

Cash payments made during the year (GST inclusive) 3.382,000 3,366,000 3,382,000 3,366,000

Appropriations credited to Special Accounts (excluding GST) - - -

Balance of Authority to Draw Cash from the Consolidated Revenue Fund for Ordinary Annual Services Appropriations - - - - - - - -

Represented by

Cash at bank and on hand - - - - 1,589,114 1,672,552 3,382,000 3,366,000

Departmental appropriations receivable - - - - - - - -

Undrawn, unlapsed administered appropriations - - - - - - - -

Total - - - 1,589,114 1,672,552 3,382,000 3,366,000

Departmental and non-operating appropriations do not lapse at financial year end. However, the responsible Minister may decide that part or all of a departmental or non­ operating appropriation is not required and request the Finance Minister to reduce that appropriation. The reduction in the appropriation is effected by the Finance Minister's determination and is disallowable by Parliament.

J

c

Appendices

Australian Privacy Law ! Of 72

;

^ ^ H i AUS,raHan ^ ^ I DP 72

Australian Privacy Law

f

I privilege in Perspective 3

Appendix A

Corporate Plan 2 0 0 6 - 2 0 0 8

Our Vision

Just, fair and efficient laws that reflect and advance the nation’s social and economic interests

Outcome Statement

The development and reform of aspects of the laws of Australia to ensure that they are equitable, modern, fair and efficient.

Our Approach

We will achieve this outcome by:

Δ Undertaking high quality research, analysis and writing;

Δ Undertaking extensive public consultation;

Δ Communicating our law reform program to the community and contributing to discussions on law reform issues;

Δ Developing working relationships with government agencies, community groups, industry and professional associations and other law reform bodies with an interest in our area of work;

Δ Monitoring and assessing our performance in order to improve our effectiveness;

Δ Adhering to best practice in corporate governance; and

Δ Assisting our staff to reach their potential through a supportive and professional work environment.

Goals and Strategies

1. To provide effective, independent and timely expert advice to the Attorney-General and Parliament.

Strategies

A. Undertake and complete inquiries referred by the Attorney-General by:

Δ researching and analysing to the highest professional standards the legal, social and economic issues raised by each reference;

Δ publishing and making accessible high quality community consultation documents;

Δ consulting all relevant sectors of the community and experts interested in the inquiry; and

Δ reporting the findings and recommendations of the inquiry by the agreed date.

B. Advise the Attorney-General on the priorities for law reform in Australia by:

Δ providing regular briefings on law reform issues suitable for reference.

C. Respond to inquiries undertaken by Parliamentary Committees and other bodies on the law reform issues raised in those inquiries by:

Δ making submissions on issues on which the Commission has reported, or is reporting, and in respect of which the Commission has acquired

and retained special expertise or experience in the course of discharging its functions.

2. To ensure broad based consultation in developing recommendations for reform.

Strategies

A. Provide for general community involvement in the Commission’s inquiries by:

Δ establishing and maintaining good communication with all interested sectors of the community during the Commission's inquiry consultations and other work;

Δ conducting targeted consultations with key stakeholders;

Δ taking into account any special needs of interested individuals or groups in the design of consultation processes; and

Δ seeking and responding to feedback from participants on the Commission's inquiries and procedures.

B. Continually improve community awareness of current inquiries by:

Δ developing and implementing communication strategies for each inquiry;

Δ using of a range of communication channels, including printed material, email, the internet and mass media; and

Δ regular contributions to external journals,

3. To promote the role of law reform.

Strategies

A. Participate in and promote community debate and analysis of law reform issues by:

Δ facilitating discussion of national and international law reform issues through the ALRC’s journal Reform;

Δ responding to inquiries from the media

and the general public about law reform issues about which the ALRC has expertise; and

Δ participating in seminars and conferences relevant to the Commission's work.

B. Continually improve access to information on the Commission’s work by:

Δ providing information on the Commission’s findings and recommendations to political leaders, the legal profession, government agencies, business leaders and peak community bodies;

Δ maintaining an up-to-date, accessible and informative website;

Δ making Commission publications available in a range of accessible formats; and

Δ publicising the Commission's work at appropriate community events and through other organisations such as universities and professional associations,

120

C. Supporting collaboration between law reform bodies by:

Δ working with Australian state and territory law reform bodies on projects of common interest;

Δ providing information and assistance to law reform bodies in developing countries, in particular those in the Asia-Pacific region;

Δ establishing bilateral collaborative arrangements with overseas law reform bodies to facilitate the exchange of information on law reform and to provide opportunities for staff development;

Δ participating in relevant regional and international organisations, including the Commonwealth Association of Law Reform Agencies.

Appendix B

Key Supporting Policies and Documents

Information about the Australian Law Reform Commission’s functions, objectives, policies and activities can be found in the following documents.

Legislation

Australian Law Reform Commission Act 1996 (Cth) Commonwealth Authorities and Companies Act 1997 (Cth)

Portfolio Budget Statements

Portfolio Budget Statements 2006-07, Attorney-General’s Portfolio

Strategic and Operational Plans

Corporate Plan 2006-08*

Finance Policies

Cabcharge Use Policy Environmental Management Policy Personal Use of Telephones Policy Travel Policy Purchasing Policy and Procedures Fraud Policy Statement Depreciation of Works of Art Policy

Human Resources Policies

Code of Conduct Equal Employment Opportunity Policy Leave Applications Policy

Occupational Health & Safety Policy Performance Appraisal System Policy and Guidelines Promotions Policy Reasonable Adjustment Guidelines

Information Management Policies

Access to Reference Material Policy* Internet and Email Policy Records Management Policy Library Collection Policy

Temporary Reference Collection Policy

Interns Policies

Intern Placement Policy* School Student and Legal Practice Work Experience Policy*

Media and Publications Policies

Approval for Use of ALRC Copyright Policy* Communications with People with a Disability Policy* Communications with People with a Disability Procedures Media Liaison Policy Privacy Policy* Publications Distribution Policy*

‘ Available on the ALRC website.

122

Appendix C

Terms of Reference 2 0 0 7 - 0 8

Review of the Freedom of Inform ation Act 1982

I, Philip Ruddock, Attorney-General of Australia, having regard to:

Δ the rapid advances in information, communication, storage and other relevant technologies;

Δ State, Territory and overseas legislation in relevant areas; and

Δ the need to balance the public interest in making information available and the public interest in protecting certain information;

refer to the Australian Law Reform Commission for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, matters

relating to the extent to which the Freedom of Information Act 1982 and related laws continue to provide an effective framework for access to information in Australia.

1. In performing its functions in relation to this reference, the Commission will consider:

Δ relevant existing and proposed Commonwealth, State and Territory laws and practices;

Δ any need to harmonise those laws and practices;

Δ administrative acts or practices within agencies and their impact on access to Government information;

Δ other recent reviews of the Freedom of Information Act 1982;

Δ information access regimes in other comparable jurisdictions;

Δ any relevant constitutional issues, particularly those that may affect harmonisation of information access laws;

Δ the impact of an evolving technological environment on production, storage and access to information;

Δ the desirability of minimising the regulatory burden on government agencies;

Δ the legitimate interests of governments and their ability to obtain forthright advice from agencies and also of third parties who deal with government; and

Δ any other related matter.

2. The Commission will identify and consult with relevant stakeholders, relevant State and Territory bodies and ensure widespread public consultation.

3, The Commission is to report no later than 31 December 2008.

Dated « 24 » September 2007 Philip Ruddock Attorney-General

Review of Legal Professional Privilege and Commonwealth investigatory bodies

I, Philip Ruddock, Attorney-General of Australia, having regard to:

Δ the fact that legal professional privilege is a common law privilege;

Δ the fact that legal professional privilege, like other common law rights, can be modified or abrogated by legislation in cases where the legislature affords a competing public interest consideration a higher relative priority;

Δ the fact that questions of legal professional privilege commonly arise in relation to the exercise of coercive information gathering powers by Commonwealth bodies;

Δ the many different forms of Commonwealth statutory provisions affecting the question of legal professional privilege in that context; and

Δ the provisions of the Evidence Act 1995 dealing with client legal privilege;

refer to the Australian Law Reform Commission (‘the Commission') for inquiry and report, pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, matters relating to the application

of legal professional privilege to the coercive information gathering powers of Commonwealth bodies.

1. In performing Its functions in relation to this reference, the Commission will:

(a) consider the investigatory or associated functions of Commonwealth bodies that

have coercive information gathering or associated powers including the Australian Federal Police, Australian Crime Commission, Australian Competition and Consumer Commission, Australian Prudential Regulation Authority, Australian Securities and Investments Commission, Australian Taxation Office, Australian Communications and Media Authority, Centrelink, Medicare Australia, Commonwealth royal commissions, Commonwealth Director of Public

Prosecutions, and any other relevant Commonwealth bodies, and

(b) consider the following questions:

(i) would further modification or abrogation of legal professional privilege in some areas be desirable in order to achieve more effective performance of Commonwealth investigatory functions?

(ii) would it be desirable to clarify existing provisions for the modification or abrogation of legal professional privilege, with a view to harmonising them across the Commonwealth statute book?

(iii) would it be desirable to introduce or clarify other statutory safeguards where legal professional privilege is modified or abrogated, with a view to harmonising them across the Commonwealth statute book?

and

(iv) any related matter.

2. The Commission will identify and consult with relevant stakeholders.

3. The Commission is to report no later than 3 December 2007.

Dated: 29 November 2006 Philip Ruddock Attorney-General

Review of the Privacy Act 1988 (Cth)

I, Philip Ruddock, Attorney-General of Australia, having regard to:

Δ the rapid advances in information, communication, storage, surveillance and other relevant technologies;

A possible changing community perceptions of privacy and the extent to which it should be protected by legislation;

A the expansion of State and Territory legislative activity in relevant areas; and

A emerging areas that may require privacy protection;

Refer to the Australian Law Reform Commission (‘the Commission’) for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, matters relating to the extent to

which the Privacy Act 1988 and related laws continue to provide an effective framework for the protection of privacy in Australia.

1. In performing its functions in relation to this reference, the Commission will consider:

(a) relevant existing and proposed Commonwealth, State and Territory laws and practices

(b) other recent reviews of the Privacy Act 1988

(c) current and emerging international law and obligations in this area

(d) privacy regimes, developments and trends in other jurisdictions

(e) any relevant constitutional issue

(f) the need of individuals for privacy protection in an evolving technological environment

(g) the desirability of minimising the regulatory burden on business in this area, and

(h) any other related matter.

2. The Commission will identify and consult with relevant stakeholders, including the Office of the Federal Privacy Commissioner, relevant State and Territory bodies and the Australian business community, and ensure widespread public consultation.

3. The Commission is to report no later than 31 March 2008.*

Dated 30th January 2006 Philip Ruddock Attorney-General

* This date was later amended to 30 May 2008.

Appendix D

Advisory Committee Members and Consultants

Privacy Inquiry Advisory Commitee

Dr Bridget Bainbridge, National E-Health Transition Authority

Ms Robin Banks, Public Interest Advocacy Centre

Mr Paul Chadwick, Consultant (formerly Victorian Privacy Commissioner) (until January 2007)

Ms Karen Curtis, Privacy Commissioner

Mr Peter Ford, Privacy, Security and Telecommunications Consultant

Mr Ian Gilbert, Australian Bankers’ Association

Mr Duncan Giles, Freehills Solicitors

Professor Margaret Jackson, School of Accounting and Law, RMIT University

Ms Helen Lewin, Telstra Corporation

Associate Professor Roger Magnusson, Faculty of Law, University of Sydney

Associate Professor Moira Paterson, Faculty of Law, Monash University

Ms Joan Sheedy, Privacy and FOI Policy Branch, Department of the Prime Minister and Cabinet

Mr Peter Shoyer, Executive Director of Court Support & Independent Offices, Department of Justice (NT) (formerly Northern Territory Information Commissioner)

Professor Colin Thomson, National Health and Medical Research Council

Mr Nigel Waters, Pacific Privacy Consulting

Ms Beth Wilson, Health Services Commissioner (Vic)

Ms Sue Vardon, Department for Families and Communities (SA)

Privacy Inquiry: Credit Reporting Advisory Sub-C om m ittee

Ms Carolyn Bond, Consumer Action Law Centre

Ms Christine Christian, Dun and Bradstreet Pty Ltd

Ms Karen Cox, Consumer Credit Legal Centre (NSW)

Mr Ian Gilbert, Australian Bankers’ Association

Ms Helen Gordon, Australian Finance Conference

Mr David Grafton, Commonwealth Bank of Australia

Ms Erica Hughes, Veda Advantage (from September 2007)

Ms Loretta Kreet, Legal Aid Queensland

Mr Andrew Want, Veda Advantage (until September 2007)

Mr Nigel Waters, Pacific Privacy Consulting

Ms Kerstin Wijeyewardene, Department of the Treasury (Cth)

Privacy Inquiry: Developing Technology A dvisory Sub-C om m ittee

Mr Paul Budde, Managing Director, BuddeCormm

Professor William Caelli Director Information Assurance, International Information Security Consultants Pty Ltd and Faculty of Information Technology, CUT

Mr « Chris » Cheah, Australian Communications and Media Authority

Professor Peter Croll, Professor of Software Engineering, Faculty of Information Technology, OUT

Mr Malcolm Crompton, Information Integrity Solutions Pty Ltd

Professor Graham Greenleaf, Faculty of Law, University of New South Wales

Professor Margaret Jackson, School of Accounting and Law, RMIT

University

Mr David Jonas, Convergence e-Business Solutions Pty Ltd

Mr Greg Stone, National Technology Officer, Microsoft Pty Ltd

Mr Martin Stewart-Weeks, Internet Business Solutions Group, Cisco Systems Australia Pty Ltd

Professor Michael Wagner, National Centre for Biometric Studies, University of Canberra

Mr Stephen Wilson, Lockstep Consulting

Privacy Inquiry: Health Advisory Sub-C om m ittee

Ms Amanda Adrian, Australian Nursing Federation

Ms Melanie Cantwell, Consumers’ Health Forum of Australia Inc

Professor David Hill, The Cancer Council (Vic)

Ms Anna Johnston, Australian Privacy Foundation

Dr Graeme Miller, Family Medicine Research Centre

Ms Julia Nesbitt, Australian Medical Association (until September 2007)

Professor Margaret Otlowski, Faculty of Law, University of Tasmania

Ms Dianne Scott, Department of Human Services (Vic)

Dr Heather Wellington, Peter MacCallum Cancer Centre

Privacy Consultants

Applied Economics

Client Legal Privilege Inquiry Advisory Committee

Professor Bob Baxt, Freehills

Mr David Bennett QC, Solicitor-General of Australia

Mr Damian Bugg QC, Commonwealth Director of Public Prosecutions (until October 2007)

Mr James Carter, Office of the Commonwealth Director of Public Prosecutions

Mr Brian Cassidy, Australian Competition and Consumer Commission

Mr Peter Brereton, Banco Chambers

Mr Simon Daley, Australian Government Solicitor

Mr Will Day, Australian Taxation Office

Mr Tony D’Aloisio, Australian Securities and Investments Commission

Mr James Faulkner,

Legal Services and Native Title Division,Attorney-General’s Department

Mr Will Irving,

Telstra Corporation Limited

Dr Sue McNicol, Joan Rosanove Chambers

Dr Christine Parker, University of Melbourne

Mr Bret Walker SC, St James’ Hall

128

Appendix E

Im plem entation Activity 2 0 0 7 - 0 8

The following provides an overview of activity in relation to ALRC reports during 2007-08.

ALRC 102~Uniform Evidence Law

The Evidence Amendment (Journalists’ Privilege) Act 2007 (Cth) established a privilege to protect confidential communications between journalists and their sources, implementing

Recommendation 15-1 of the report Uniform Evidence Law (ALRC 102, 2005). The new privilege in the Commonwealth Act is based on the existing privilege in the Evidence Act 1995 (NSW). A further

recommendation (Recommendation 15-2) relating to family law proceedings and retention of the best interests of the child as the paramount consideration was also implemented by the Act. The provisions establishing the privilege commenced operation on 26 July 2007.

The remaining recommendations of ALRC 102 were considered by the Standing Committee of Attorneys- General (SCAG) on 30 July 2007, and strong support for nationally uniform evidence laws was expressed. A Model

Uniform Evidence Bill based on the recommendations of ALRC 102 was approved.

New South Wales has moved to implement the recommended changes to the Evidence Act 1995 (NSW) with passage of the Evidence Amendment

Act 2007 (NSW). The Bill received assent on 1 November 2007, but the date of commencement of the provisions has not yet been proclaimed.

In May 2008, the Australian Government introduced the Evidence Amendment Bill 2008 to Parliament. The Bill incorporates almost all of the recommendations of ALRC 102, except the recommendations

in relation to a general confidential relationships privilege and the extension of privilege and immunity provisions to pre­ trial proceedings. The Government has indicated these issues will be addressed at the time it responds to the ALRC’s report Privilege In Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2008).

ALRC 96— Essentially Yours: The Protection of Human Genetic Information in Australia

Recommendation 11-2 of Essentially Yours: The Protection of Human Genetic Information (ALRC 96, 2003) recommended the development of ethical standards for medical genetic testing. In 2007, the National Pathology Accreditation Advisory Council (NPAAC) published

Classification of Human Genetic Testing 2007 Edition, which is a supplementary

guide to the Laboratory Accreditation Standards and Guidelines for Nucleic Acid Detection and Analysis (2006). The new supplement took effect from 1 January 2008.

ALRC 84— Seen and Heard: Priority for Children in the Legal Process

On 18 March 2008, the National Commissioner for Children Bill 2008 was introduced to the federal Parliament,

r i

S-

sponsored by Senator Andrew Bartlett.

It seeks to establish the National Commissioner for Children and Young People as an independent body with a range of functions to promote and protect the rights, interests and wellbeing of Australian children at a federal level, with

a particular focus on child protection. The Bill is based on the A Better Future for Our Kids Bill 2003, which was introduced by the Hon Nicola Roxon MR in 2003. The second reading speech for the 2008 Bill also indicated that the establishment of a

National Commissioner is in accordance with the Labor Party's National Platform, adopted in 2007.

The creation of a national Office for Children, as a federal coordination office for policy and service delivery for children, was a key recommendation of the Report Seen and Heard: Priority for Children in the Legal Process (ALRC 84, 1997), a joint report of the Australian Law Reform Commission and the Human Rights and Equal Opportunity Commission.

The discussion and recommendations of the Report were influential in the development of a 1998 discussion paper by the Defence for Children International

entitled Taking Australia's Children Seriously—A Commissioner for Children and Young People, which was relied on in drafting Labor’s 2003 Bill for a national commissioner for children.

A national children’s commissioner, and a number of other issues raised in the Seen and Heard Report, are being canvassed by the Australian Government as part of

its discussion paper, Australia’s Children: Safe and Well—A National Framework for Protecting Australia’s Children, which was released for public consultation

in May 2008. Some of the options put forward for discussion, which reflect recommendations made in Seen and Heard, include:

Δ national standards and monitoring of the out-of-home care system (Recommendations 161-162 of ALRC 84);

Δ a solution driven national research program (Recommendation 163);

Δ improved national monitoring, reporting and accountability, through a national Children’s Commissioner or a national reporting function

(Recommendation 3); and

Δ improvement in data collection (Recommendation 166).

The Evidence Amendment Bill 2008, which will implement most of the recommendations of the Report Uniform Evidence Law (ALRC 102, 2005), will also implement a number of recommendations in the Seen and Heard Report that were incorporated into ALRC 102. These include:

Δ a new test for determining a witness' competence to give sworn and unsworn evidence that focuses on the ability of a person to act as a witness

(Recommendation 98 of ALRC 84);

Δ a prohibition on general warnings about the unreliability of children's evidence, instead permitting a warning to be given only upon request of a

party and where the court is satisfied that there are circumstances particular to that child (other than the child’s age) that affect the reliability of the child’s evidence (Recommendation

100); and

Δ confirmation the court may seek expert opinion evidence to assist it to determine if a witness is competent to give evidence (Recommendation 101).

ALRC 80— Legal Risk in International Transactions

The ALRC's Report Legal Risk in International Transactions (ALRC 80, 1996) was completed before the UNCITRAL Model Law on Cross-Border Insolvency was finalised. The ALRC recommended that a high priority be given to involvement

in the UNCITRAL Working Group on Insolvency with a view to adoption.

UNCITRAL finalised and adopted its Model Law on Cross-Border Insolvency in May 1997. Many countries have been working towards adoption of the Model Law, including Australia. In September 2007, the Cross-Border Insolvency Bill 2007 was introduced to the federal Parliament to implement the Model Law into Australian law. The Bill was reintroduced to the new Parliament in « February » 2008, and the Cross-Border Insolvency Act 2008 (Cth) received assent on 28 May 2008. The substantive provisions of the Act are expected to commence operation in November 2008.

The Act provides for a foreign representative commencing an insolvency proceeding in Australia in relation to a debtor that is subject to a

foreign proceeding and provides for a foreign representative participating in an Australian insolvency proceeding in relation to that debtor. The Act also

provides that foreign creditors have the same rights regarding the commencement of, and participation in, insolvency

proceedings occurring in Australia as creditors domiciled in Australia.

ALRC 77— Open Government: A Review of the Federal Freedom of Information Act 1982

Freedom of Information laws came under scrutiny in 2007-08, and the recommendations in the ALRC and Administrative Review Council Report Open Government: A Review of the Federal Freedom of Information Act 1982 (ALRC 77,1995) have been discussed in a range of forums. There has been no government response to the Report, and no implementation of its recommendations to date.

In September 2007, the ALRC received terms of reference to inquire into Freedom of Information laws and practices in Australia.

Australia's Right to Know Coalition commissioned a report on the state of media freedom in Australia. The Report of the Independent Audit into the State of Free Speech in Australia was published in

October 2007, and included a chapter on freedom of information laws. The report claimed that the original intended purpose

of freedom of information laws is not being achieved, and that reform to laws and practices is required.

In October 2007, in the lead-up to the federal election, Labor released its policy document on government

information. The policy document indicated that, if elected, Labor would abolish conclusive certificates, implement the recommendations of ALRC 77, and create an independent statutory Information Commissioner. Following its election, the Rudd Government restated

its commitment to its election policy on implement the ALRC’s recommendations freedom of information. from ALRC 64.

On 22 July 2008, the Attorney-General informed the ALRC that the Freedom of Information Inquiry was being suspended as part of the freedom of information reform process of the Federal Government.

ALRC 64— Personal Property Securities

The ALRC identified the need for a single national system, including a national register of personal property security interests, in Personal Property Securities (ALRC 64, 1993). Reform in this area has been under discussion for a number of years, with the Australian Government Attorney-General's Department taking the

lead since 2006 in developing proposals for consideration.

In May 2008, the Australian Government released for public comment draft legislation proposing significant reform to the law and practice relating to personal property securities. The

Personal Property Securities Bill would establish a single national law governing security interests in personal property, replacing the existing system governed by more than 70 separate pieces of legislation administered by a range of Commonwealth, state and territory government agencies. It would address the creation and extinguishment of security interests in personal property and set out rules for determining

priority among competing interests in personal property, and establish a single national online register of personal property securities (the PPS Register). If implemented, the Bill would substantially

Appendix F

Implementation Status of ALRC Reports Report Title Tabling date Implementation brief Degree of Implementation

ALRC 108 For Your Information: Australian Privacy Law

and Practice

Tabling pending

UNDER CONSIDERATION

ALRC 107 Privilege in Perspective 13 « February » 2008

UNDER CONSIDERATION

ALRC 104 Fighting Words: A Review of Sedition Laws

in Australia

13 September 2006

UNDER CONSIDERATION

ALRC 103 Same Crime, Same Time: Sentencing of Federal Offenders

22 June 2006

UNDER CONSIDERATION

ALRC 102 Uniform Evidence Law 8 « February » 2006

Evidence Amendment Bill 2008 (Cth); E v id e n c e A m e n d m e n t A c t 2 0 0 7 (NSW); E v id e n c e

A m e n d m e n t (J o u rn a lis ts ’ P riv ilg e ) A c t 2 0 0 7 (Cth)

PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION

ALRC 99 Genes and Ingenuity:

Gene Patenting and Human Health

31 August 2004 House of Representatives Standing

Committee on Legal and Constitutional Affairs, Review of Technological

PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION

Protection Measures 3£

Exceptions (2006) |

«<

133

Report Title Tabling date Implem entation b rie f Degree o f Implementation

ALRC 98 Keeping Secrets: 23 June The Protection 2004 of Classified and Security Sensitive

Information

National Security Information Amendment Act 2005 (Cth); National Security Information

(Criminal Procedure) Act 2004 (Cth)

ALRC 96 Essentially Yours: The Protection of Human Genetic

Information in Australia

on Ethical Conduct in Human Research (2007); Privacy Legislation Amendment Act 2006

(Cth): Human Genetics Advisory Committee established (2006); IFSA Standards Genetic Information and Family Medical History (2005); Family Law Regulations 2004 (Cth) [parentage testing forms]; Crimes Legislation Enhancement Act 2003 (Cth) [inter-

jurisdictional sharing of DMA information with participating jurisdictions]

29 May National Pathology 2003 Acccreditation Advisory Council, Classification

of Human Genetic Testing 2007 Edition; National Statement

ALRC 95 Principled 19 March

Regulation: 2003

Federal Civil & Administrative Penalties in Australia

A Guide To Framing Commonwealth Offences, Civil Penalties And Enforcement Powers

(2004)

SUBSTANTIAL

PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION

PARTIAL.

FURTHER PROPOSALS UNDER CONSIDERATION

1 34

Report Title Tabling Date

ALRC 92 The Judicial 2 October

Power of the 2001

Commonwealth:

A Review of the J u d ic ia ry A c t 1 9 0 3 and Related

Legislation

ALRC 91 Review of the 22 May

M a r in e In s u ra n c e 2001 A c t 1 9 0 9

Implementation Brief Degree of Implementation

F a m ily L a w A m e n d m e n t PARTIAL. FURTHER A c t 2 0 0 5 (Cth) PROPOSALS UNDER [appeals from Family CONSIDERATION Court]; H ig h C o u rt

R u le s 2 0 0 4 [special leave applications]; J u ris d ic tio n o f C o u rts L e g is la tio n A m e n d m e n t A c t 2 0 0 2 (Cth) [appellate

jurisdiction of Federal Court]; S u p r e m e C o u rt A m e n d m e n t A c t 2 0 0 1 (ACT) [ACT Court of

Appeal]

F in a n c ia l S e rv ic e s PARTIAL. FURTHER R e fo rm (C o n s e q u e n tia l PROPOSALS UNDER P ro v is io n s ) A c t 2 0 0 1 CONSIDERATION (Cth) [Repeal ss 59, 60

of MIA Act]

ALRC 89 Managing Justice: A Review of the Federal Civil Justice System

17 « February » 2000 Australian Academy of Law established (2005);

A d m in is tra tiv e A p p e a ls T rib u n al A m e n d m e n t A c t 2 0 0 5 (Cth); F a m ily L a w R u le s 2 0 0 4 (Cth); J u ris d ic tio n o f C o u rts

L e g is la tio n A m e n d m e n t A c t 2 0 0 2 (Cth) [allows a single judge to dismiss an appeal for want of

prosecution or failure to comply with a direction of the Court]; National Pro Bono Resource

Centre established (2002); Council of Australian Tribunals established (2002);

National Judicial College established (2002); Launch of Australian

SUBSTANTIAL

Degree o f Implementation

ALRC89 Law Online (2001);

Cont. FLC review of social

science Universities Teaching literature proposal (2001); Australian Committee

law discipline review (2001-02); changes to case management in Family Court of Australia

and the Federal Court of Australia; Family Law Amendment Act 2000 (Cth) [arbitration of family

law property matters]

Report Title Tabling Date Im plem entation B rief

ALRC 87 Confiscation that Counts: A Review of the Proceeds of Crime Act 1987

15 June 1999

Proceeds of Crime Act 2002 (Cth) SUBSTANTIAL

ALRC 85 Australia’s Federal Record: A Review of Archives Act

1983

2 July 1998 Census Information Legislation Amendment Act 2000 (Cth); E-Permanence Strategy

PARTIAL

ALRC 84 Seen and Heard: Priority for Children in the Legal Process

19 November 1997

Evidence Amendment Bill 2008; Measures to Combat Serious and Organised Crime Act

PARTIAL

2001 (Cth) [examination & cross-examination of child witnesses]; NSW Law Society, Representation Principles for Children’s Lawyers (2000); Children and Young People Act

1999 (ACT) and Justice Act 1997 (Tas) [increase of age of criminal responsibility to 10]

Title Tabling Date Im plem entation B rief Report

ALRC 82 Integrity: But Not by Trust Alone 10 December

1996

ALRC 80 Legal Risk in International Transactions

8 October 1996

ALRC 79 Making Rights Count: Services for People with a Disability

10 October 1996

ALRC 78 Beyond the Door Keeper: Standing to Sue for Public Remedies

30 May 1996

ALRC 77 Open Government: A Review of the Federal Freedom of Information

Act 1982

« 24 » January 1996

ALRC 75 Costs Shifting— Who Pays for Litigation

25 October 1995

ALRC 74 Designs 31 August

1995

Degree of Implementation

Law Enforcement Integrity SUBSTANTIAL Commissioner Act 2006 (Cth); Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 (Cth)

Cross-Border Insolvency PARTIAL Act 2008 (Cth); Electronic Transactions Act 2000 (Cth) [complementary

legislation in all states and territories]

Disability Services PARTIAL Amendment (Improved Quality Assurance) Act 2002 (Cth)

NIL

UNDER CONSIDERATION

Migration Litigation Reform Act 2005 (Cth)

Designs Act 2003 (Cth)

PARTIAL. FURTHER PROPOSALS UNDER CONSIDERATION

SUBSTANTIAL

8 -

ALRC 73 For the Sake 20 June 1995 Family Law Reform Act SUBSTANTIAL of the Kids: 1995 (Cth)

Complex Contact Cases and the Family Court

Report Title Tabling Date Im plem entation B rie f Degree o f Implementation

ALRC 72 The Coming of 8 March Aged Care Act 1997 SUBSTANTIAL

Age: New Aged 1995 (Cth)

Care Legislation for the Commonwealth

ALRC 70 Child Care for Kids

8 November Child Care Legislation 1994 Amendment Act 1998

(Cth) [confidentiality]; Child Care Legislation Amendment Act 1998 (Cth) [sanctions for

breach]

PARTIAL

ALRC 69 Equality Before the Law:

Sex Discrimination SUBSTANTIAL Amendment Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Domestic

Violence Act 1995 (Norfolk Is)

Part I: Justice for 25 July 1994

Women

Part II: Women’s 21 December Equality 1994

ALRC 68 Compliance 29 June 1994 Trade Practices PARTIAL

with the Trade Amendment (No 1) Act

Practices Act 2001 (Cth)

1974

I38

Report Title Tabling Date Implementation Briet Degree of implementation

ALRC 67 Equality Before 3 March 1994 see ALRC 69 SUBSTANTIAL

(Interim) the Law:

Women’s Access to the Legal System

ALRC 65 Collective 30 Managed Investments SUBSTANTIAL

Investments: September Act 1998 (Cth) Other People’s 1993 Money

ALRC 64 Personal 27 May 1993 UNDER

Property CONSIDERATION

Securities

ALRC 63 Children's 26 May 1993 Evidence (Closed-Circuit SUBSTANTIAL Evidence: Television) (Amendment)

Closed Circuit Act 1994 (ACT);

TV Crimes Amendment

(Children’s Evidence) Act 1996 (NSW)

ALRC 61 Administrative 9 September NIL

Penalties in 1992

Customs and Excise

ALRC 60 Customs and 7 May 1992 Customs Amendment PARTIAL Excise Act (No1) 1997 (Cth);

Customs Excise and Bounty Amendment Act cS

1995 (Cth)

1

ALRC 59 Collective 28 April 1992 Superannuation Industry SUBSTANTIAL Q-

Investments: (Supervision) Act 1993

Superannuation (Cth);

Superannuation Resolution of Complaints s

Act 1993 (Cth)§-

"§ «<

139

Report Title Tabling Date Implementation Brief Degree of Implementation

ALRC 58 Choice of Law 28 May 1992 Choice of Law (Limitation Periods) Act 1993 (NSW); Choice of Law (Limitation Periods) Act 1993 (Vic); Choice of Law (Limitation Periods) Act 1994 (WA); Choice of Law (Limitation Periods) Act 1994 (NT)

PARTIAL

ALRC 57 Multiculturalism and the Law

28 April 1992 Evidence Act 1995 (Cth); Evidence Act 1995 (NSW); Racial Hatred Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Crimes and Other Legislation Amendment Act 1994

(Cth)

SUBSTANTIAL

See also: Consumer Credit Code; Insurance Council of Australia, Insurance Code of Practice

j

ALRC 55 Censorship Procedure 11 September

1991

Classification (Publications, Films and Computer Games) Act 1995 (Cth)-

complementary legislation in each state and territory

SUBSTANTIAL

ALRC 52 Guardianship and Management of Property

20 December 1989

Guardianship and Management of Property Act 1991 (ACT)

SUBSTANTIAL

ALRC 51 Product Liability 15 August 1989

Alternative option implemented by Trade

NIL

Practices Amendment Act 1992 (Cth)

140

Report Title Tabling Date Im plem entation B rief Degree o f Im plem entation

ALRC 50

ALRC 48

ALRC 47

ALRC 46

ALRC 45

ALRC 44

Community 21 November National Health and Law Reform 1989

for the ACT:

4th Report— Informed Decision-Making in Medical

Procedures

Medical Research Council Guidelines on the provision of information to patients

PARTIAL

Criminal Admiralty Jurisdiction and Prize

27 November Crimes Legislation SUBSTANTIAL 1990 Amendment Act 1992

(Cth); Crimes (Ships and Platforms) Act 1992 (Cth); Criminal Code Amendment (Slavery and

Sexual Servitude) Act 1999 (Cth)

Community Law Reform for the ACT:

3rd Report— Enduring Powers of Attorney

6 April 1989 Powers of Attorney (Amendment) Act 1989 (ACT); Property Law Amendment Act 1990

(Qld)

SUBSTANTIAL

Grouped 13 Federal Court SUBSTANTIAL

Proceedings in December (Amendment) Act 1991 the Federal Court 1988 (Cth) [did not adopt costs

recommendations]

General Insolvency Inquiry

Sentencing

13 December 1988

25 August 1988

Bankruptcy Legislation Amendment Act 1996 (Cth); Insolvency (Tax Priorities) Legislation Amendment Act 1993

(Cth); Corporate Law Reform Act 1992 (Cth)

Crimes Legislation Act (No 2) 1993 (ACT); Periodic Detention Act 1995 (ACT); Crimes Legislation Amendment Act

(No 2) 1989 (Cth)

SUBSTANTIAL

PARTIAL

2

Report Title Tabling Date Im plem entation B rief Degree o f ImplementatiiK

ALRC 43 (Interim) The Commonwealth

Prisoners Act

« 24 » March 1988

ALRC 42 Occupiers’ Liability 13 April 1988

ALRC 40 Service and Execution of Process

9 December 1987

ALRC 39 Matrimonial Property 16 September

1987

ALRC 38 Evidence 5 June 1987

ALRC 37 Spent Convictions 3 June 1987

ALRC 36 Debt Recovery and Insolvency

21 October 1987

ALRC 35 Contempt 3 June 1987

ALRC 33 Civil Admiralty Jurisdiction

2 December 1986

Interim report— see ALRC PARTIAL 44

Law Reform (Miscellaneous Provisions) (Amendment) Act 1991 (ACT)

SUBSTANTIAL

Service and Execution of Process Act 1992 (Cth); Service and Execution of Process Act 1991 (Cth)

SUBSTANTIAL

I

Family Law Reform Act 1995 (Cth) SUBSTANTIAL

Evidence Act 1995 (Cth); Evidence Act 1995 (NSW) SUBSTANTIAL

Crimes Legislation Amendment Act 1989 (Cth); Human Rights and Equal Opportunity

Commission Regulations (Cth)

SUBSTANTIAL

Bankruptcy Legislation Amendment Act 1996 (Cth); Magistrates Court (Enforcement of Judgments) Act 1994

(ACT); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth)

SUBSTANTIAL

Family Law Amendment Act 1989 (Cth) PARTIAL

Admiralty Act 1988 (Cth) SUBSTANTIAL

Report Title ' Tabling Date Implementation Briet Degree of Implementation

ALRC 32 Community 23 October Law Reform SUBSTANTIAL

Law Reform for 1986 (Miscellaneous Provisions) the ACT: 2nd (Amendment) Act (No 2)

Report— Loss of Consortium and Compensation for Loss of Capacity to do

Housework

1991 (ACT)

ALRC 31 The Recognition 12 June Crimes and Other PARTIAL

of Aboriginal 1986 Legislation Amendment Act

Customary Laws 1994 (Cth) [Investigation

ALRC 30 Domestic Violence

20 March 1986

procedures]; Evidence Act 1995 (Cth) [Interpreters and interrogation]; Safety and Rehabilitation and

Compensation Act 1988 (Cth) s 4; Adoption legislation in NSW, NT, SA, Vic; De Facto Relationships Act 1984

(NSW); Administration and Probate Act 1979 (NT); Family Provision Act 1970 (NT) [Customary

marriage recognition]; Child Placement Principle —see child welfare laws in each state and territory;

Native Title Act 1993 (Cth) [Fishing, hunting, and gathering rights]

Domestic Violence Amendment Act 1991 (ACT) ; Domestic Violence Act 1986 (ACT)

SUBSTANTIAL

r !

&

Report Title Tabling Date Implementation Brief Degree of Implements!.!

ALRC 28 Community Law 29 Law Reform (Miscellaneous SUBSTANTIAL Reform for the November Provisions) (Amendment) ACT: 1 st Report— 1985 Act 1991 (ACT); Contributory Compensation (Fatal

Negligence in Injuries) (Amendment) Act

Fatal Accident Cases and Breach of Statutory Duty Cases and

Funeral Costs in Fatal Accident Cases

1991 (ACT)

ALRC 27 Standing in 29 See ALRC 78 NIL

Public Interest November Litigation 1985

ALRC 26 Evidence 21 August See ALRC 38 SUBSTANTIAL

(Interim) 1985

ALRC « 24 » Foreign State 10 October Foreign States Immunities SUBSTANTIAL Immunity 1984 Act 1985 (Cth)

ALRC 22 Privacy 14 Privacy Act 1988 (Cth); SUBSTANTIAL

December Telecommunications 1983 (Interception) Amendment Act 1987 (Cth)

ALRC 20 Insurance 16 Insurance Contracts Act SUBSTANTIAL

Contracts December

1982

1984 (Cth)

ALRC 18 Child Welfare 12 Children’s Services Act SUBSTANTIAL

November 1981

1988 (ACT)

ALRC 16 Insurance Agents 11 Insurance (Agents and SUBSTANTIAL

and Brokers September 1980

Brokers) Act 1984 (Cth)

144

Title Tabling Date Im plem entation B rief Report Degree of Im plem entation

ALRC 15 Sentencing of 21 May

(Interim) Federal Offenders 1980 Crimes Amendment PARTIAL Act 1982 (Cth); Crimes Compensation Act 1982

(NT): Criminal Injuries Compensation Act 1983 (ACT); Crimes Legislation Amendment Act (No 2)

1989 (Cth)

ALRC 14 Lands Acquisition and Compensation

22 April

1980

Lands Acquisition Act 1989 (Cth); Lands Acquisition Act 1978 (NT)

SUBSTANTIAL

ALRC 12 Privacy and the Census 15 November

1979

Census and Statistics Amendment Act 1981 (Cth) SUBSTANTIAL

ALRC 11 Unfair Publication: Defamation and Privacy

7 June 1979 Uniform Defamation Act 2005 in NSW, Vic, Old, SA, WA, TAS. NT

NIL

ALRC 9 Complaints against Police (Supplementary Report)

9 June 1978 See ALRC 1 SUBSTANTIAL

ALRC 7 Human Tissue Transplants 21 September

1977

Transplantation and Anatomy Act 1978 (ACT) [legislation based on the report has been enacted in

all states and territories]

SUBSTANTIAL

ALRC 6 Insolvency: The Regular Payment of Debts

4 November 1977

Bankruptcy Amendment Act 1996 (Cth); Bankruptcy Amendment Act 1980 (Cth)

SUBSTANTIAL

ALRC 4 Alcohol, Drugs and Driving 23 September

Motor Traffic (Alcohol and Drugs) Act 1977 (ACT)

SUBSTANTIAL

1

r !

s-

Report Title Tabling Date Implementation Brief Degree of Implementatu

ALRC 2 Criminal 8 November Defence Force (Discipline) SUBSTANTIAL Investigation 1975 Act 1984 (Cth); Crimes

(Investigation of Commonwealth Offences) Act 1991 (Cth); Crimes Amendment (Forensic

Procedures) Act 1998 (Cth); See also Police Administration Act 1978 (NT)

ALRC 1 Complaints 7 August Complaints (Australian SUBSTANTIAL

against Police 1975 Federal Police) Act 1981

(Cth); See also Police (Allegations of Misconduct) Act 1977 (NSW); Police Administration Act 1979

(NT)

146

Appendix G

Public Presentations

PUBLIC PRESENTATIONS 2 0 0 7 -0 8

4 July 2007 The President attended the conference ‘Formulating a

New Approach to Trust and Privacy in the Information Age' at Parliament House, Sydney, where he delivered a luncheon address on the ALRC’s Privacy Inquiry, entitled ‘Public Feedback and Emerging Approaches’.

17 July 2007 The President spoke at the official launch of the Australian

Academy of Law at Government House, Brisbane and delivered the opening remarks at the Symposium on ‘Fragmentation or consolidation? Fostering a coherent professional identity for lawyers’. The Symposium was chaired by Professor Rosalind Croucher.

15 August 2007 The President delivered an address on ‘Privacy Issues and Recent ALRC Inquiries’ at the Sydney Chamber of Commerce Legal Counsel Forum Luncheon, in Sydney.

« 24 » August 2007 Professor Rosalind Croucher gave a presentation on ‘Law Reforming—the whys, wherefores and where-tos’ at the Economics and Business Educators of New South Wales Annual Conference, in Sydney.

18 September 2007 Professor Les McCrimmon gave a presentation, ‘Review of Privacy— Credit Reporting Provisions’ at a meeting of the Australasian Retail Credit Association in Melbourne.

20 September 2007 Professor Les McCrimmon gave a presentation on ‘Privacy in Credit Reporting’ at the Lexis Nexis 17th Annual Credit Law Conference, on the Gold Coast.

« 24 » September 2007 Professor Rosalind Croucher gave a presentation on ‘Client legal privilege and federal investigatory bodies— emerging issues and themes’ at the Third Annual Public Sector In-House Counsel Forum, in Canberra.

25 September 2007 The President attended the Australasian Law Teachers Association Conference, where he gave a presentation on la w Reform and Public Policy: Courts, Commissions and the Academy’, at the University of Western Australia, in Perth.

11 October 2007 Professor Les McCrimmon gave a presentation on ‘Review of Australian Privacy Laws: Credit Reporting Provisions’ at the Australian Institute of Credit Management National Conference, on the Gold Coast.

12 October 2007 Professor Les McCrimmon gave a seminar on ‘Law Reform and Australian Privacy Law’ to staff and students at Bond University, on the Gold Coast.

16 October 2007 The Executive Director Mr Alan Kirkland gave a presentation on ALRC internships and career options, during the Government Careers Week at the UNSW Faculty of Law, in Sydney.

17 October 2007 Professor Les McCrimmon was a panel speaker in a session on ‘Biobanks and Data Banks: Ethics, Governance and Public Trust’, at a National Health and Medical Research Council Symposium on Ethics in Human Research, in Melbourne.

17 October 2007 Professor Rosalind Croucher gave a presentation on ‘Creating a law reform commission in South Australia’ to the Law Reform Institute Committee of the Law Society of South Australia, in Adelaide.

19 October 2007 The President gave a presentation on ‘Learning from the past, looking to the future’ at the PIAC 25th Anniversary Conference, in Sydney.

18-19 October 2007 Professor Rosalind Croucher gave a keynote presentation entitled The Uniform Succession Laws Project in Australia—Challenges Past, Present and Future’ at the Australian Executor Trustees Succession Law Conference,

in Adelaide.

148

23 October 2007 The President addressed a forum hosted by KPMG and Information Integrity Solutions, concerning Discussion Paper 72, Review of Australian Privacy Law, in Sydney.

1-2 November 2007 Professor Rosalind Croucher attended the Australian Corporate Lawyers Association conference, in Melbourne, and delivered a paper on ‘Client legal privilege and federal investigations— principled proposals'.

7 November 2007 Professor Les McCrimmon gave a presentation on ‘Australian Privacy Law in the 21st Century— Proposals for Reform’ at the Privacy Professionals meeting, in Sydney.

12 November 2007 Senior Legal Officer Ms Carolyn Adams contributed to discussion at the National E-Health Transition Authority Secondary Use Roundtable, in Sydney.

15 November 2007 Senior Legal Officer Ms Carolyn Adams gave a presentation on 'Review of Australian Privacy Law’ at a meeting of the Human Genetics Advisory Committee, in Canberra.

16 November 2007 Professor Les McCrimmon gave a presentation on ‘Privacy and Credit Card Assessment’ at the Credit Card Risk Managers Roundtable, in Sydney.

16 November 2007 Research Manager Ms Lani Blackman attended a meeting of the Family Law Council, in Canberra, and provided a briefing on Discussion Paper 72, Review of Australian Privacy Law, in Canberra.

16 November 2007 Research Manager Ms Lani Blackman attended a meeting of the Administrative Review Council in Canberra, and provided a briefing on the progress of the Commission’s Client Legal Privilege, Privacy and Freedom of Information references.

20 November 2007 Professor Les McCrimmon gave a presentation on 'Too Much or Not Enough: A Review of Australian Privacy Law’ at a Law Council Seminar, in Sydney.

21 November 2007 Research Manager Ms Lani Blackman gave a presentation on law reform to Year 11 Legal Studies students from Cherrybrook Technology High School, in Sydney.

21 November 2007 Senior Legal Officer Ms Carolyn Adams gave a presentation on ‘Adapting the Law to the New Genetics: Privacy, Discrimination and Ethics’ at the Melbourne JD Guest Series, University of Melbourne.

21 November 2007 Professor Les McCrimmon addressed a forum hosted by KPMG and Information Integrity Solutions, concerning Discussion Paper 72, Review of Australian Privacy Law, in Melbourne.

22 November 2007 Professor Rosalind Croucher gave a presentation on ‘Challenges for Women in Leadership: Observation from Experience as a Law Dean’ at the Port Moresby Chamber of Commerce, in Papua New Guinea.

12 December 2007 Research Manager Ms Lani Blackman gave a presentation on the Privacy and Freedom of Information Inquiries to a meeting of the Federal Agencies Knowledge Managers group, in Sydney.

13 December 2007 The President attended the Centre for Law and Genetics Colloquium 2007, ‘Human Genetic Biobanks: Achieving World’s Best Practice in Tasmania’, at the University of Tasmania, where he chaired the thematic sessions and

provided a summation of proceedings.

3 January 2008 Professor Les McCrimmon gave a presentation on Teaching Case Theory' at the Second International Advocacy Teachers' Conference at the Monash University Prato Centre, in Prato, Italy.

6 « February » 2008 Professor Les McCrimmon gave a presentation on ‘Future Options for Transborder Data Flow Regulation’ at the Asia-Pacific Economic Cooperation (APEC) Data Privacy Pathfinder Seminar for Australian Stakeholders, in Sydney.

6 March 2008 The President gave a presentation on The ALRC Inquiry on Freedom of Information' at a seminar on Freedom of Information in Brisbane, jointly hosted by the ALRC and the Queensland Freedom of Information Independent

Review Panel. Professor Rosalind Croucher provided a summation of issues pertinent to the ALRC.

15 March 2008 The President attended the Kitazato University International Experts Meeting 2008 in Japan, and gave a presentation on The Practical and Policy Constraints on the Protection of Human Genetic Information: Avoiding

One-Size-Fits-AII Regulation’.

16 March 2008 The President attended the Kitazato University Public Symposium 2008 in Japan, and gave a presentation on The Role and Limitation of Legal Regulation for the Development of Quality Genetic Testing Services’.

26 March 2008 The President gave a presentation on ’Law, Ethics and the Human Genome’ at the University of Technology, in Sydney.

14 April 2008 Professor Rosalind Croucher attended and presented ‘Perspectives on Privilege— Client Legal Privilege and Federal Investigations’ at the Melbourne JD, in Melbourne.

22 April 2008 Professor Rosalind Croucher attended and presented the ’ALRC’s Report on Perspectives on Privilege— Client Legal Privilege and Federal Investigations’ at Sparke Helmore Lawyers, in Sydney.

« 24 » April 2008 Professor Rosalind Croucher attended and presented the keynote address at the Australian Intervarsity Debating Championships, in Sydney.

19-20 May 2008 The President attended and gave a presentation on The ALRC’s Review of Privacy Law and Practice’ at the AusCERT Asia Pacific Information Security Conference 2008 on the Gold Coast.

22 May 2008

4 June 2008

16 June 2008

20 June 2008

« 24 » -26 June 2008

The President was on a panel at the Voiceless Conference on Animal Law, at UNSW, commenting on the keynote address by Indian lawyer Raj Panjwani.

The President gave a presentation on ‘Legal Aspects of Genetic Privacy: Are your Genes a Secret?’ at the Australian Society for Medical Research (ASMR) Science in the Cinema Series, in Sydney.

Professor Rosalind Croucher gave a presentation on Tangling with Testamentary Intention—The Advent of Statutory Wills', in Sydney.

Professor Rosalind Croucher gave a presentation on ‘Inspired Law Reform or Quick Fix? Or, ‘Well, Mr Torrens, What do you Reckon Now?’ A Reflection on Voluntary Transactions and Forgeries in the Torrens System', at a symposium to mark the 150th anniversary of Torrens Title in Adelaide.

The President gave a presentation on ‘DNA Databases, Population Genetics and the Public Interest' at the Oxford Symposium on ‘Biobanking, Benefit Sharing and the Public Good' organised by the Centre for Law and Genetics and the Ethox Centre, at Oxford University.

CONTRIBUTIONS TO NEWSPAPERS AND JOURNALS BY ALRC COMMISSIONERS AND STAFF 2 0 0 7 -0 8

Δ Professor David Weisbrot, President, ‘Comment’ (2007) 90 Reform 2.

Δ Professor Rosalind Croucher, Commissioner, ‘Human right or handbrake on the truth? Client legal privilege and federal investigatory bodies’ (2007) 90 Reform 59.

Δ Bruce Alston, Senior Legal Officer, 'Review of credit reporting conditions: The ALRC’s Privacy Inquiry’ (2007) 90 Reform 62.

Δ Professor Rosalind Croucher, Commissioner, ‘A bulwark against tyranny or the concealment of truth? Client legal privilege under review' (2007) Tasmanian Law Letter.

Δ Professor Rosalind Croucher, Commissioner, ‘Law Reform as Personalities, Politics and Pragmatic—The Family Provision Act 1982 (NSW): A Case Study’ Legal History (2007) 11 (1), 1-30.

Δ Professor Rosalind Croucher, Commissioner, ‘Conflicting Narratives in Succession Law—A Review of Recent Cases’, Australian Property Law Journal (2007) 14, 179-200.

Δ Professor Rosalind Croucher, Commissioner, ‘An accidental analysis’, Law Institute Journal (Vic) August 2007.

Δ Lauren Jamieson, Legal Officer, and Jonathan Dobinson, Senior Legal Officer, ‘Because of the Privacy Act' Online Opinion 17 October 2007.

Δ Lauren Jamieson, Legal Officer, and Jonathan Dobinson, Senior Legal Officer, ‘A Review of Australian Privacy Law’ Law Institute Journal (Vic) October 2007.

Δ Professor David Weisbrot, President, ‘Comment’ (2007-08) 91 Reform 2.

Δ Jonathan Dobinson, Senior Legal Officer, ‘Achieving National Consistency in Privacy Regulation' (2007-08) 91 Reform 54.

Δ 'Jonathan Dobinson, Senior Legal Officer, ‘Achieving National Consistency: The ALRC's Privacy Inquiry' Tasmanian Law Letter, Summer 2007.

Δ Carolyn Adams, Senior Legal Officer, ‘Health Privacy in Australia’ Hot Topics 64 (2008).

Δ Jonathan Dobinson, Senior Legal Officer, ‘Privacy widely canvassed’ Law Institute Journal (Vic) December 2007.

Δ Kate Connors, Senior Legal Officer, ‘Perspectives on Privilege’ Law Institute Journal (Vic) April 2008.

Δ Professor Rosalind Croucher, Commissioner, ‘Statutory Wills and Testamentary Freedom— Imagining the Testator’s Intention in Anglo-Australian Law’ (2007) 7 (2) Oxford University Commonwealth Law Journal (2007).

Δ Professor David Weisbrot, President, ‘Policy Transparency, Genetic Counselling and the Required Legal Infrastructure' (2007) 3 (2) Taiwan Journal of Law and Technology Policy 23-71.

Δ Professor David Weisbrot, President, ‘Strong Public Engagement and Public Policy: Critical Underpinnings for Human Genetic Research’ in Mark Stranger (ed) Human Biotechnology and Public Trust: Trends, Perceptions and Regulation (Centre for Law and Genetics, 2007) 210-236.

A

&

Appendix Η

Citations of ALRC reports in major court decisions

Same Crime, Same Time: Sentencing of Federal Offenders (ALRC 103, 2006) R v Norris [2007] VSCA 241 R v Detenamo [2007] VSCA 160 R v Tran [2007] QCA 221

Uniform Evidence Law (ALRC 102, 2005) R v R W [2008] VSCA 79 R v The Herald and Weekly Times Ltd [2007] VSC 482 R v Lester [2007] QSC 229

Principled Regulation: Federal Civil & Administrative Penalties in Australia (ALRC 95, 2002) Commissioner of Taxation v Dixon (Trustee) [2007] FCA 1079

Managing Justice: A Review of the Federal Civil Justice System (ALRC 89, 2000) SZLHM v Minister for Immigration & Citizenship [2008] FCA 754

Confiscation that Counts: A Review of the Proceeds of Crime Act 1987, (ALRC 87, 1999) Director of Public Prosecutions for Victoria v Le [2007] HCA 52 R v McLeod [2007] VSCA 183

Designs (ALRC 74, 1995) The Polo/Lauren Company LP v Ziliani Holdings Pty Ltd [2008] FCA 49

Equality Before the Law: Justice for Women, Part I (ALRC 69, 1994) AB v Registrar of Births, Deaths and Marriages [2007] FCAFC 140

Censorship Procedure (ALRC 55, 1991) Adultshop.Com Ltd v Members of the Classification Review Board [2007] FCA 1871 R v Clarke [2008] SASC 100

Grouped Proceedings in the Federal Court (ALRC 46, 1988) Multiplex Funds Management Ltd v P Dawson Nominees Pty Ltd [2007] FCAFC 200

General Insolvency Inquiry (ALRC 45, 1988) Deputy Commissioner of Taxation v Wellnora Pty Ltd [2007] FCA 1234 Mitsui & Co Ltd v Hanwha (HK) Co Ltd [No 2] [2007] FCA 2071 Walker re One. Tel Ltd [2007] NSWSC 1478

TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd [2007] NSWSC 1410

Tatlers.com.au Pty Ltd v Davis [2007] NSWSC 835 Deputy Commissioner of Taxation v Dick [2007] NSWCA 190 Newtronics Pty Ltd v Gjergja [2008] VSCA 117

Sentencing (ALRC 44, 1988) Saadat-Talab v Australia Federal Police [2007] NSWSC 1353 Johnsson v R [2007] NSWCCA 192

Matrimonial Property (ALRC 39, 1987) Moore and Moore [2008] FamCA 32

Evidence (ALRC 38, 1987) and Evidence (ALRC 26 (Interim), 1985) « Evans » v The Queen [2007] HCA 59 Em v The Queen [2007] HCA 46 Tofilau v The Queen; Marks v The Queen; Hill v The Queen; Clarke v the Queen

[2007] HCA 39 Bodney v Bennell [2008] FCAFC 63 (23 April 2008) Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2007] FCA 1828 Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559

Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd [2008] FCA 369 Murphy and Murphy [2007] FamCA 795 The Ridge Trading Pty Ltd v JC Export & Import Pty Ltd [2007] FMCA 1927 Parker v Comptroller-General of Customs [2007] NSWCA 348 Dyldam Developments Pty Ltd v Jones [2008] NSWCA 56 RAv R Non Publication Order [2007] NSWCCA 251 R v Sood [2007] NSWCCA 214 R v Syed, Islam, Mahmood [2008] NSWCCA 37 R v Petroulias (No 29) [2007] NSWSC 1005 Dawson v Commonwealth Bank [2007] NSWSC 887

Leeks v X Y [2008] VSCA 21 Tomasevic v Travaglini [2007] VSC 337 Australian Crime Commission v Magistrates’ Court of Victoria (at Melbourne) & Brereton [2007] VSC 297

C v Chief Commissioner of Police [2008] VSC 51 Dair v The State of Western Australia [2008] WASCA 72 Le v McElwee [2008] ACTSC 55 R v McLaughlan [2008] ACTSC 49

Civil Admiralty Jurisdiction (ALRC 33, 1986) Heilbrunn v Lightwood PLC [2007] FCA 1518

The Recognition of Aboriginal Customary Laws (ALRC 31, 1986) Griffiths v Minister for Lands, Planning and Environment [2008] HCA 20

Standing In Public Interest Litigation (ALRC 27, 1985) Freehills, in the matter of New Tel Ltd (in liq) [2008] FCA 762

Insurance Contracts (ALRC 20, 1982) CGU Insurance Ltd v AMP Financial Planning Pty Ltd [2007] HCA 36 Tosich v Tasman Investment Management Ltd [2008] FCA 377 CGU Workers Compensation (NSW) Ltd v Garcia [2007] NSWCA 193 Davis v Westpac Life Insurance Services Ltd [2007] NSWCA 175 Nguyen v QBE Insurance Ltd [2007] SASC 454

Child Welfare (ALRC 18, 1981) PM v The Queen [2007] HCA 49

Insurance Agents and Brokers (ALRC 16, 1980) Australian Finance Direct Ltd v Director of Consumer Affairs Victoria [2007] HCA 57

Lands Acquisition and Compensation (ALRC 14, 1980) Chang v Laidley Shire Council [2007] HCA 37 (29 August 2007)

Criminal Investigation (ALRC 2 (Interim), 1975) Gassy v The Queen [2008] HCA 18 Carr v State of Western Australia [2007] HCA 47

I56

Glossary and Index

Glossary AGD Attorney-General’s Department

ALRAC Australasian Law Reform Agencies Conference

ALRC

Australian Law Reform Commission

ALRC Act Australian Law Reform Commission Act 1996 (Cth)

ALRC 11 The Final Report for the ALRC’s review of defamation laws. The full title is Unfair Publication: Defamation and Privacy (1979).

ALRC 22 The Final Report of the ALRC’s first Privacy review which formed the basis for the Privacy Act 1988 (Cth). The full title is Privacy (1983).

ALRC 77 The Final Report of the ALRC’s first review of the Freedom of Information Act 1982 (Cth). The full title is Open Government: A Review of the Federal Freedom of Information Act 1982 (1995).

ALRC 80 The Final Report for the ALRC’s review of the Cross-Border Insolvency Act 2008 (Cth) and Electronic Transactions Act 2000 (Cth). The full title is Legal Risk in International Transactions (1996).

ALRC 84 ,

The Final Report for the ALRC and Human Rights and Equal Opportunity Commission Inquiry into children in the legal process. The full title is Seen and Fleard: Priority for Children in the Legal Process (1997).

ALRC 89 The Final Report of the review of federal civil justice system. The full title is Managing Justice: A Review of the Federal Civil Justice System (2000).

ALRC 92 The Final Report of the Judiciary Act Inquiry. The full title is The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (2001).

158

ALRC 95 The Final Report of the Civil and Administrative Penalties Inquiry. The full title is Principled Regulation: Federal Civil and Administrative Penalties in Australia (2002 ).

ALRC 96

The Final Report of the Genetic Information Inquiry. The full title is Essentially Yours: The Protection of Human Genetic Information in Australia, (2003).

ALRC 98

The Final Report for the ALRC’s review of classified and security sensitive.

The full title is Keeping Secrets: The Protection of Classified and Security Sensitive Information (2004).

ALRC 99 The Final Report of the Gene Patenting Inquiry. The full title is Genes and Ingenuity: Gene Patenting and Human Health (2004).

ALRC102 The Final Report of the ALRC’s most recent Evidence Inquiry, jointly produced by the ALRC, the NSWLRC and the VLRC. The full title is Uniform Evidence Law (2005).

ALRC 103 The Final Report of the ALRC Inquiry into Part IB of the Crimes Act 1914. The full title is Same Crime, Same Time: Sentencing of Federal Offenders (2006).

ALRC 104 The Final Report of the ALRC Inquiry into sedition laws in Australia. The full title is Fighting Words: A Review of Sedition Laws in Australia (2006).

ALRC 107 The Final Report of the ALRC Inquiry into legal professional privilege. The full title is Privilege in Perspective: Client Legal Privilege in Federal Investigations (2007)

ALRC108 The Final Report of the ALRC’s latest Privacy Inquiry. The full title is For Your Information: Review of Australian Privacy Law and Practice (2008). The Report was completed and transmitted in the reporting period, but tabled in federal

Parliament in 2008-09.

ALSA

Australian Law Students' Association

ANAO Australian National Audit Office

$

rL

&

I

ANU

Australian National University

ASCII

American Standard Code for Information Interchange. ASCII is a standard document coding system that can be opened by any computer. ASCII files have no formatting and provide people with a print disability with access to published information via computer.

AustLII Australian Legal Information Institute AAL Australian Academy of Law

CAC Act Commonwealth Authorities and Companies Act 1997 (Cth)

CALRAs Commonwealth Association of Law Reform Agencies

Client Legal Privilege Inquiry The ALRC's review of the application of client legal privilege (also known as legal professional privilege) within the context of federal investigations. The Final Report of the Inquiry is Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2007).

DP 72 A Discussion Paper released to support the Privacy Inquiry. The full title is Review of Australian Privacy Law (2007).

DP72 Overview Review of Australian Privacy Law: An Overview. A summary of Discussion Paper 72.

DP 73 A Discussion Paper released to support the Client Legal Privilege Inquiry. The full title is Client Legal Privilege and Federal Investigatory Bodies (2007).

EEO

Equal employment opportunity

EMS

Environmental management system

ESD

Ecologically sustainable development

Evidence Inquiry The ALRC's Review of the Evidence Act 1995. The ALRC formally collaborated with the New South Wales Law Reform Commission and the Victorian Law Reform Commission to produce a joint report Uniform Evidence Law

(ALRC 102, 2005).

FOI Act Freedom of Information Act 1982 (Cth)

HTML

HyperText Markup Language. The coded format used to create documents on the World Wide Web and control how web pages appear.

HUGO Human Genome Organisation

IP 31

The first consultation paper of the ALRC’s Privacy inquiry. The full title is Review of Privacy (2006).

IP 32

The second consultation paper of the ALRC's Privacy Inquiry. The full title is Review of Privacy: Credit Reporting Provisions (2006).

IP 31 & 32 Overview A consultation paper of the ALRC’s Privacy Inquiry, providing a summary of Issues Paper 31 & Issues Paper 32. The full title is Reviewing Australia’s Privacy Laws: Is Privacy Passe?

IP 33

The first consultation paper for the Client Legal Privilege Inquiry. The full title is Client Legal Privilege and Federal Investigatory Bodies (2007).

Kirby Cup The Kirby Cup Law Reform Competition is designed to encourage law students to participate in the process of law reform and is held each year as part of the annual ALSA conference.

NZLC

New Zealand Law Commission

NSWLRC New South Wales Law Reform Commission

OECD Organisation for Economic Cooperation and Development

OH&S Occupational health and safety

PDF

Portable Document Format. A type of formatting that enables files to be viewed as they were created on a variety of computers, regardless of the program originally used to create them. PDF documents require (free) Adobe Acrobat Reader software. Some PDF documents create access difficulties for some

users.

Privacy Inquiry The ALRC’s review of the federal Privacy Act 1988 and related laws. The Final Report, For Your Information: Review of Australian Privacy Law and Practice (ALRC 108, 2008) was completed and transmitted in the reporting period, but tabled in federal Parliament in 2008-09.

Reform Journal of the ALRC, published twice a year, in summer and winter.

RTF

Rich Text Format. RTF files are ASCII files with additional commands for formatting. ASCII files provide people with a print disability with access to published information via computer.

SCAG

Standing Committee of Attorneys-General

SILRC Solomon Islands Law Reform Commission

UNCITRAL United Nations Commission on International Trade Law

VLRC

Victorian Law Reform Commission

Compliance Index

Audit Committee 68-69

Audit Report 69, 91-92

Certified Agreement 73, 75

see also Collective Agreement

Collective Agreement 75-76

Consultancies 79, 83

Contact officer inside front page

Directors see Membership

Disability strategy 87-89

Ecologically sustainable development 84

Environmental Management System 85

Equal employment opportunity 76

Ethics 69-70

External Scrutiny 72-73

Financial statements 84, 91-117

Fraud Control Plan 71-72

Freedom of information statement 86

Functions 13, 66

Glossary 158-162

Indemnities & insurance policies 70-71

Internet home page address for Annual Report

10

Judicial & tribunal see External scrutiny decisions

Membership 14-18, 66-67

Occupational health and 77-78 safety

Ombudsman, scrutiny see External scrutiny by

Organisational structure 13

Outcome and outputs 29 structure

Parliamentary inquiries see External scrutiny

Publications 3 ,1 9,30,3 2,

38-39, 41-44, 48-49, 50, 56, 129-146

Responsible minister 13,66

Risk management 71-72

Staff

list of 73-74

development of 77

profile of 74

Tribunal decisions see External scrutiny

Alphabetical Index Collaboration 21, « 24 »

Collective Agreement 75

Administrative Review Council

20, 35, 131, 149 Collier, Justice Berna 17

Advisory Committees 30, 34-35, Commonwealth Association 20

37-38, 126-128 of Law Reform Agencies (CALRAs)

ALRC 11 42

Consultancies 79, 83

ALRC 64 132

Consultation 7-8, 30, 34,

ALRC 77 7, 35-36, 44, 36-41

131-132

Consultation papers 38-39, 48-49

ALRC 80 44, 131

Contributions to external 25-26

ALRC 84 129-131 inquiries

ALRC 96 43, 129 Corporate Plan 72, 119-120

ALRC 102 43, 129 Croucher, Prof Rosalind 16, 21

ALRC 108 see Privacy Disability strategy 87-89

Inquiry

Divisions of the ALRC 67

ALRC Act 13

DP 72 see Privacy

Attorney-General 13, 20, 66 Inquiry

Attorney-General’s 20 DP 73 see Client Legal

Department (AGD) Privilege Inquiry

Audit Committee

Audit Report

68-69 Ecologically sustainable

development

84

69, 91-92

75-76

Australasian Law Reform

Employment conditions

« 24 »

Agencies Conference Environmental Management 85

(ALRAC) System

Australian Academy of Law 58-63 Equal employment

opportunity

76-77

Australian Law Students « 24 » Association (ALSA) Ethics 69-70

Board of Management 68 Evidence Amendment Bill 20, 129, 130

CAC Act 65, 66, 68, 69, External scrutiny and controls 72-73

122

Family Law Council 21

Certified Agreement 73, 75

see also Collective Financial performance 84

Agreement summary

Client Legal Privilege Inquiry 5-6, 19, 30-32 Financial statements 91-117

Terms of Reference 124

Fraud control 71-72

Freedom of Information Inquiry 7, 35-36

Freedom of information statement 86

French, Justice Robert 17

Full Commission meetings 66-67

Functions 13

Glossary 158-162

Guide to Report 10-11

Highlights 2-3

Home page see website

Implementation of reports 41-44, 129-146

Indemnities and insurance 70-71

Information technology 78-79

Internet see Online

obligations;

Website

Internship program 80-82

Journal and newspaper articles 50, 152-153

Judicial & tribunal decisions

see External scrutiny

Kenny, Justice Susan 17

Kiefel, Justice Susan 17, 18

Kirby Cup Law Reform Competition « 24 » , 57

Library 78

McCrimmon, Prof Les 15, 21

Media 47-48, 50, 52,

152-153

Members 14-18, 66-67

Michael Kirby Library see Library

Occupational health and safety 77-78

Ombudsman, scrutiny by

see External scrutiny

Online obligations 53, 87-89

Organisational structure 13

Outcomes 30-44

Outputs 46-57

Parliamentary inquiries see External scrutiny

Policy Manual 69, 122

Privacy Inquiry 6-7, 19, 21,

32-35

Terms of Reference 125

Privilege in P ersp ective see Client Legal

Privilege inquiry

Publications 3, 19, 30, 32,

38-39, 41-44, 48-49, 50, 56, 129-146

Public debate 47-49

Purchasing Policy 79

R eform (ALRC journal) 50, 56

Reporting dates 46

Risk management 71-72

Senate Estimates Committee 72

Solomon Islands Law Reform Commission 22-23

Speeches 46-47, 147-152

Staff

list of 73-74

development of 77

profile of 74

Stakeholders 46-49

Standing Committee of 21,43, 129 Attorneys-General (SCAG)

r l

&

Statement of Governance 66-72

Submissions to ALRC 39

Terms of reference 123-125

Transmittal letter in s id e fro n t

p a g e s

Tribunal decisions s e e E xternal

s c ru tin y

Vision statement 72

Visitors to the ALRC 22-23, 51

Website 52-55

see a ls o O n lin e o b lig a tio n s

Weisbrot, Prof David 15, 20

166

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R eports o f the A ustralian Law R eform C om m ission (Not including Annual Reports)

ALRC i ALRC 2 ALRC 4 ALRC 6

ALRC 7 ALRC 9

ALRC 11

ALRC 12 ALRC 14 ALRC 15

ALRC 16 ALRC 18 ALRC 20 ALRC 22 ALRC « 24 ALRC 26 ALRC 27 ALRC 28

ALRC 30 ALRC 31

ALRC 32

ALRC 33 ALRC 35 ALRC 36 ALRC 37 ALRC 38 A L R C 39 ALRC 40 ALRC 42 ALRC 43

ALRC 44 ALRC 45 ALRC 46

ALRC 47

ALRC 48

ALRC 50

ALRC 51 ALRC 52

ALRC 55 ALRC 57 ALRC 58 ALRC 59

Complaints Against Police, 1975 Criminal Investigation, 1975 Alcohol, Drugs and Driving, 1976 Insolvency: The Regular Payment o f Debts.

1977 Human Tissue Transplants. 1977 Complaints Against Police (Supplementary Report), 1978^ U nfair Publication: Defamation and Privacy,

1979 Privacy and the Census, 1979 Lands Acquisition and Compensation, 1980 Sentencing o f Federal Offenders (Interim),

1980 Insurance Agents and Brokers. 1980 Child Welfare, 1981 Insurance Contracts, 1982

Privacy, 1983 Foreign State Immunity, 1984 Evidence (Interim), 1985 Standing in Public Interest Litigation, 1985 Community Law Reform for the Australian Capital Territory: First Report: The Community Law Reform Program. Contributory Negligence in Fatal Accident Cases and Breach o f Statutory Duty Cases and Funeral Costs in Fatal Accident Cases,

1985 Domestic Violence, 1986 The Recognition o f Aboriginal Customary Laws, 1986 Community Law* Reform for the Australian Capital Territory: Second Report: Loss of Consortium and Compensation for Loss of Capacity to do Housework, 1986 Civil Admiralty Jurisdiction, 1986

Contempt. 1987 Debt Recovery and Insolvency, 1987 Spent Convictions, 1987 Evidence, 1987

Matrimonial Property. 1987 Service and Execution o f Process, 1987 Occupiers' Liability, 1988 The Commonwealth Prisoners Act, (Interim)

1988 Sentencing, 1988 General Insolvency Inquiry, 1988 Grouped Proceedings in the Federal Court,

1988 Community Law Reform for the Australian Capital Territory: Third Report: Enduring Powers o f Attorney, 1988

Criminal Admiralty Jurisdiction and Prize. 1990 Informed Decisions About Medical Procedures, 1989 Product Liability, 1989 Guardianship and Management o f Property,

1989 Censorship Procedure, 1991 Multiculturalism and the Law, 1992 Choice o f Law , 1992 Collective Investments: Superannuation.

1992

ALRC 60 ALRC 61

ALRC 63

ALRC 64 ALRC 65

ALRC 67

ALRC 68

ALRC 69

ALRC 70

ALRC 72

ALRC 73

ALRC 74 ALRC 75 ALRC 77

ALRC 78

ALRC 79

ALRC 80

ALRC 82

ALRC 84

ALRC 85

ALRC 87

ALRC 89

ALRC 91

ALRC 92

ALRC 95

ALRC 96

ALRC 98

ALRC 99

ALRC 102 ALRC 103

ALRC 104

ALRC 107

ALRC 108

Customs and Excise, 1992 Administrative Penalties in Customs and Excise, 1992 Children's Evidence: Closed Circuit TV,

1992 Personal Property Securities, 1993 Collective Investments: Other People’s Money, 1993 Equality Before the Law: Women’s Access to the Legal System, (Interim) 1994 Compliance with the Trade Practices Act

1974, 1994 Equality Before the Law: Justice for Women, 1994 Child Care for Kids: Review o f Legislation Administered By Department of Human Services and Health, (Interim) 1994 The Coming of Age: New Aged Care

Legislation for the Commonw ealth, 1995 For the Sake of the Kids: Complex Contact Cases and the Family Court, 1995

Designs, 1995 Costs Shifting: Who Pays for Litigation, 1995 Open Government: A Review of the Federal

Freedom o f Information Act 1982. 1995 Beyond the Door-Keeper: Standing to Sue for Public Remedies, 1996 Making Rights Count: Services for People

With a Disability, 1996 Legal Risk in International Transactions, 1996 Integrity: But Not By Trust Alone: AFP & NCA Complaints and Disciplinary Systems,

1996 Seen and Heard: Priority for Children in the Legal Process, 1997 Australia’s Federal Record: A Review o f Archives Act 1983, 1998

Confiscation That Counts: A Review o f the Proceeds o f Crime Act 1987, 1999 Managing Justice: A Review of the Federal Civil Justice System, 2000

Review of the Marine Insurance Act 1909, 2001 The Judicial Power of the Commonwealth: A Review o f the Judiciary Act 1903 and Related Legislation, 2001

Principled Regulation: Federal Civil & Administrative Penalties in Australia, 2002 Essentially Yours: The Protection o f Human Genetic Information in Australia, 2003

Keeping Secrets: The Protection o f Classified and Security Sensitive Information, 2004 Genes and Ingenuity: Gene Patenting and

Human Health, 2004 Uniform Evidence Law', 2005 Same Crime, Same Time: Sentencing of Federal Offenders, 2006 Fighting Words: A Review o f Sedition Laws in Australia, 2006 Privilege in Perspective: Client Legal Privilege in Federal Investigations, 2007 For Your Information: Australian Privacy Law and Practice, 2008

T H E PARLIAM ENT O F TH E

CO M M O NW EALTH O F AUSTRALIA

PARLIAMENTARY PAPER No. 403 of 2008 O RDERED TO BE PRINTED

ISSN 0727-4181