| Agency overview | |
|---|---|
| Formed | 11 November 1996 [1] |
| Preceding agency |
|
| Jurisdiction | Commonwealth of Australia |
| Employees | 16 (at June 2024) [2] |
| Agency executive |
|
| Website | www |
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. [3]
The ALRC is part of the Attorney-General's Department portfolio; however it is an independent statutory authority constituted under the Australian Law Reform Commission Act 1996 (Cth), and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. [3]
The ALRC's objective is to make recommendations for law reform that:
When conducting an inquiry, the ALRC also monitors foreign legal systems to ensure Australia compares favourably with international best practice.
The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with the International Covenant on Civil and Political Rights.
The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice. [3]
The ALRC is the primary law reform agency for the Australian government. It has its origins in the Law Reform Commission, [4] which was established in 1975 under the Law Reform Commission Act 1973. This legislation was superseded by the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act) which came into effect on 11 November 1996. The new act was intended to improve the structure and functions of the ALRC, consistent with the recommendations of the 1994 Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs titled, Law Reform—the Challenge Continues. [5]
Under the amendments to the ALRC Act in 2012, the Commission consists of a President and up to six other members (more commonly called Commissioners). [6] The performance of the Commission's functions, and the exercise of its powers, are not affected merely because of one or more vacancies in its membership. The Attorney-General may, from time to time, appoint such other part-time members of the Commission as the Attorney-General considers necessary to enable the Commission to perform its functions. Full-time members are to be appointed by the Governor-General and part-time members are to be appointed by the Attorney-General. [7] A member holds office for the term (of at least six months but not longer than five years) specified in his or her appointment, but is eligible for re-appointment.
The process for each law reform project may differ according to the scope of inquiry, and the ALRC usually works within a particular framework when it develops recommendations for reform. An Inquiry begins with Terms of Reference delivered by the Attorney-General identifying an area of law that needs to be reviewed for various reasons including:
An Issues Paper is usually the first official publication of an inquiry. It provides a preliminary look at issues surrounding the inquiry. It serves to educate the community about the range of the problems under consideration. Discussion Papers provide a detailed account of ALRC research, including a summary of the various consultations and submissions undertaken and received, and set out draft proposals for reform.
The ALRC makes a formal call for submissions whenever it releases an Issues Paper or Discussion Paper. Through the submissions it receives, the ALRC can gauge what people think about current laws, how they should be changed and can test its proposals for reform with stakeholders before finalising them.
ALRC Final Reports make specific recommendations for changes to the law or legal processes. In formulating recommendations, the ALRC draws not only on submissions, but also face to face consultations, academic and industry research, international research and models, and its considerable experience in law reform. The ALRC seeks to consult with people who have expertise and experience in the laws under review, as well as people likely to be affected by the laws in question. During the process of formulating recommendations, the ALRC has regard to any policy aims expressed in terms of Reference and the principles for reform identified for each particular inquiry, against which possible proposals are assessed.
The Attorney-General is required to table the Final Report in Parliament within 15 sitting days of receiving it, after which it can be made available to the public. The Australian Government decides whether to implement the recommendations, in whole or in part.
| From | To | Title | Name | Postnominals |
|---|---|---|---|---|
| 1975 | 1984 | Chair | The Hon Michael Kirby [9] | AC CMG |
| 1984 | 1985 | Chair | The Hon Justice Murray Wilcox [10] | AO QC |
| 1985 | 1987 | Chair | The Hon Xavier Connor [11] | AO |
| 1988 | 1993 | Chair | The Hon Elizabeth Evatt [12] | AC |
| 1994 | 1999 | President | Alan Rose [13] | AO |
| 1999 | 2009 | President | Emeritus Professor David Weisbrot [14] | AM |
| 2009 | 2017 | President | Emeritus Professor Rosalind Croucher [15] | AM |
| 2017 | 2018 | Acting President | Robert Cornall [16] | |
| 2018 | 2023 | President | The Hon Justice Sarah Derrington [17] | AM |
| 2023 | Present | President | The Hon Justice Mordecai Bromberg [18] | SC |
| From | To | Name |
|---|---|---|
| 1975 | 1975 | Professor the Hon Gareth Evans AC KC |
| 1975 | 1981 | Associate Professor Gordon J Hawkins |
| 1975 | 1981 | Professor Alex C Castles |
| 1975 | 1977 | The Hon John Cain |
| 1975 | 1979 | The Hon Sir Francis Gerard Brennan AC KBE QC |
| 1976 | 1978 | Russell Scott |
| 1976 | 1985 | The Hon Murray Wilcox AO QC |
| 1976 | 1979 | Sir Zelman Cowen AC GMG GCVO PC QC |
| 1976 | 1985 | David St L Kelly AO |
| 1976 | 1980 | Howard Screiber |
| 1976 | 1979 | The Hon James Spigelman AC KC |
| 1977 | 1981 | Brian J Shaw QC |
| 1977 | 1979 | Allan N Hall AM |
| 1978 | 1980 | John Q Ewens CMG CBE QC |
| 1978 | 1983 | Bruce M Debelle AO KC |
| 1978 | 1979 | Professor Duncan Chappell |
| 1979 | 1980 | Dr John A Seymour |
| 1979 | 1984 | James Mazza |
| 1980 | 1983 | Associate Professor Robert Hayes |
| 1980 | 1986 | The Hon Tim Smith AM KC |
| 1980 | 1983 | G W P Aarons |
| 1980 | 1984 | The Hon Francis M Neasey |
| 1981 | 1984 | The Hon Gerald E Fitzgerald AC KC |
| 1982 | 1990 | Judge James Crawford AC SC |
| 1982 | 1990 | Mr Theodore Simos QC |
| 1982 | 1987 | Professor Alice Erh-Soon Tay AM |
| 1983 | 1989 | Professor David Hambly |
| 1983 | 1985 | Dr Michael Pryles AO PBM |
| 1983 | 1990 | Professor Michael R Chestermann |
| 1984 | 1985 | Sir Maurice Byers CBE QC |
| 1985 | 1987 | The Hon Josephine M Maxwell |
| 1984 | 1987 | The Hon Donnell Michael Ryan QC |
| 1984 | 1986 | Ronald W Harmer |
| 1984 | 1987 | George Zdenkowski |
| 1984 | 1989 | Professor Richard W Harding |
| 1985 | 1989 | Dr Nicholas Seddon |
| 1986 | 1989 | Richard Fisher AM |
| 1986 | 1987 | The Hon John Basten AO KC |
| 1986 | 1987 | Dr Peter Cashmann |
| 1987 | 1992 | John H Greenwell |
| 1987 | 1990 | Professor John L Goldring |
| 1989 | 1992 | The Hon Peter E Nygh AM |
| 1990 | 1991 | Greta Bird |
| 1990 | 1991 | Dott P Totaro AM |
| 1991 | 1992 | Jim Armitage |
| 1991 | 1992 | Leigh Hall AM |
| 1992 | 1995 | Christopher Sidoti |
| 1992 | 2002 | The Hon John von Doussa AO KC |
| 1980 | 1997 | Stephen Mason |
| 1993 | 1995 | Professor James Lahore |
| 1993 | 1997 | Professor Bettina Cass AO |
| 1993 | 1997 | Professor the Hon Peter Baume AC |
| 1993 | 1995 | Professor Rebecca Bailey-Harris |
| 1993 | 2003 | The Hon Ian Coleman SC |
| 1993 | 1994 | Professor Brent Fisse |
| 1993 | 1995 | Sue Tongue |
| 1993 | 1994 | Professor Hilary Charlesworth AM |
| 1993 | 1994 | Professor Regina Graycar |
| 1993 | 1994 | Professor Jennifer Morgan |
| 1994 | 1996 | Michael Ryland |
| 1995 | 2000 | David Edwards PSM |
| 1996 | 2002 | Dr Kathryn Cronin |
| 1998 | 2006 | The Hon Mark Weinberg AC KC |
| 2000 | 2004 | Ian Davis |
| 2000 | 2006 | Professor Brian Opeskin |
| 2000 | 2002 | Mr Hank Spier |
| 2001 | 2004 | Professor Anne Finlay |
| 2005 | 2009 | Professor Les McCrimmon |
| 2003 | 2007 | The Hon Susan Kiefel AC KC |
| 2006 | 2012 | The Hon Justice Susan Kenny AM |
| 2006 | 2008 | The Hon Robert French AC |
| 2009 | 2010 | Magistrate Anne Goldsborough AM |
| 2010 | 2011 | The Hon Bruce Lander KC |
| 2010 | 2011 | The Hon Arthur Emmett AO KC |
| 2011 | 2012 | Professor Terry Flew |
| 2012 | 2013 | The Hon Susan Ryan AO |
| 2007 | 2013 | The Hon Justice Berna Collier |
| 2012 | 2013 | Professor Jill McKeough |
| 2013 | 2014 | Graeme Innes AM |
| 2013 | 2014 | Professor Barbara McDonald |
| 2013 | 2015 | Professor Lee Godden |
| 2015 | 2015 | Professor Suri Ratnapala |
| 2012 | 2017 | The Hon Justice Nye Perram |
| 2017 | 2017 | Robert Cornall AO |
| 2017 | 2017 | Judge Matthew Myers AM |
| 2018 | 2019 | The Hon Cheryl Edwardes AO |
| 2018 | 2019 | The Hon Michelle May AM KC |
| 2018 | 2019 | Dr Andrew Bickerdike |
| 2017 | 2019 | Geoffrey Sinclair |
| 2017 | 2019 | The Hon John Faulks |
| 2017 | 2018 | Professor Helen Rhoades |
| 2019 | 2020 | The Hon Justice Robert Bromwich |
| 2012 | 2022 | The Hon John Middleton AM KC |
| 2021 | 2023 | The Hon Justice Craig Grierson Colvin |
| 2022 | 2023 | The Hon Justice Stephen Rothmann AM |
| 2024 | 2025 | The Hon Marcia Neave AO |
| 2024 | 2025 | Judge Liesl Kudelka |
| 2024 | Present | Tony McAvoy SC |
| 2025 | Present | Dr Maeghan Toews |
Throughout the history of the ALRC there have been a number of inquiries into its role, constitution and functions. They include:
| International | |
|---|---|
| National | |
| Other | |
