 | |
| Agency overview | |
|---|---|
| Formed | 1966 |
| Jurisdiction | New South Wales |
| Headquarters | Sydney, New South Wales, Australia |
| Minister responsible |
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| Agency executive |
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The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966.
There has been a history of law reform in common law countries such as Australia. Prior to the establishment of the commission, various parliamentary inquiries, ad hoc commissions (e.g., Commissioner's Bigg report into the New South Wales legal system in 1820), or panels had advised on law reform.
The commission was the first permanent body established in Australia to continually conduct and investigate law reform. Its establishment is important as it was an independent body that could devote its deliberations full-time to examining law reform in the state [1]
The first real law reform commission in the state was one set up in 1870 by the New South Wales Legislative Assembly and set up by letters patent of 14 July 1870. The commission consisted of the five lawyers and the Chief Justice of New South Wales, Sir Alfred Stephen. This Commission prepared a draft bill to simplify equity procedure and indicated the need for consolidation and reform of lunacy, insolvency and jury laws. Its only success came long after the body lapsed with the eventual enactment of part of its proposed Criminal Law Consolidation and Amendment Bill in the Criminal Law Amendment Act of 1883. [2]
The commission is established under the Law Reform Commission Act 1967 (NSW). [3] The Governor of New South Wales may appoint a chairperson of the commission. The current chairperson is Alan Cameron AO.
The governor may also appoint deputy chairpersons of the commission. The governor must also appoint two other commissioners to the commission. Both the chairperson and the commissioners must be: (a) is or was the holder of a judicial office; (b) has experience as an Australian legal practitioner in legal practice; (c) has experience as a teacher of law; or, (d) has academic attainment in law. Commissioners may be appointed as full-time or part-time commissioners.
The duties and powers of the Commission are outlined in Law Reform Commission Act 1967 (NSW), which indicate the wide-ranging purposes of inquiry and legislative reform such as review, consolidation or repeal. [4] Under the Law Reform Commission Act, the commission may make interim and final reports on any of its work. The Attorney General of New South Wales may also direct the commission to make a report. The commission is also required to make an annual report on its work during the year. For the commission, the year starts in July and ends in the following June. The report is furnished to the Attorney-General who must then table the report in the New South Wales Parliament. [5]
Some of the recent reports of the commission include reports on Parole (2015), Encouraging appropriate early guilty pleas (2014), Criminal appeals (2014), Sentencing (2013), and People with cognitive and mental health impairments and the criminal justice system (2013).
| From | To | Name | Postnominals | Notes |
|---|---|---|---|---|
| 1966 | 1969 | Hon. James Manning | QC | [6] |
| 1969 | 1972 | Hon. Raymond Reynolds | QC | [7] |
| 1972 | 1976 | Hon. Leycester Meares | QC | |
| 1976 | 1981 | Hon. Hal Wootten | QC | |
| 1981 | 1984 | Ronald Sackville | ||
| 1985 | 1987 | Keith Mason | QC | |
| 1987 | 1989 | Helen Gamble | [8] | |
| 1989 | 1990 | Keith Mason | QC | |
| 1990 | 1993 | Hon. Robert Marsden Hope | AC, CMG, QC | |
| 1993 | 1996 | Hon. Gordon Samuels | AC, QC | |
| 1996 | 2005 | Hon. Michael Adams | QC | [9] |
| 2006 | 2014 | Hon. James Roland Wood | AO, QC | |
| 2015 | 2022 | Alan Cameron | AO | |
| 2022 | Ongoing | Hon. Thomas Bathurst |
The Independent Commission Against Corruption (ICAC), an independent agency of the Government of New South Wales, is responsible for eliminating and investigating corrupt activities and enhancing the integrity of the public administration in the state of New South Wales, Australia. The Commission was established in 1989, pursuant to the Independent Commission Against Corruption Act, 1988 (NSW), modeled after the ICAC in Hong Kong.
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.
The Royal Commission into Drug Trafficking (1977–1979) or Woodward Royal Commission was a royal commission initiated by the New South Wales Government to investigate drug trafficking in New South Wales, Australia, especially links between the Mafia and New South Wales Police and the disappearance of anti-marijuana campaigner Donald Mackay.
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$750,000.
Gordon Jacob Samuels, was a British-Australian lawyer and judge who served as the 36th Governor of New South Wales from 1996 to 2001.
Jury duty or jury service is service as a juror in a legal proceeding.
The Honourable James Roland Tomson Wood AO, QC is the chairman of Law Reform Commission of New South Wales, the chairman of the New South Wales Sentencing Council, the Inspector of the Police Integrity Commission and a former judge in Australia. He is currently a judge of the Fiji Court of Appeal.
The Law Reform Commission of Western Australia is a commission to investigate, review and advise on the reform of the law in Western Australia, a state of Australia. The present commission came into existence on 31 October 1972.
The New South Wales Crime Commission is a statutory corporation of the Government of New South Wales. It is constituted by the Crime Commission Act 2012, the object of which is to reduce the incidence of organised crime and other serious crime in the state of New South Wales, Australia.
The New South Wales Sentencing Council is an advisory body established by the New South Wales Government to provide guidelines and to promote consistency in sentencing of offenders in New South Wales, a state of Australia. The council provides advice and counsel to the Attorney General of New South Wales on issues relating to sentencing, parole periods for sentences, trends, and the operation of parole. The council aims to promote consistency and transparency in sentencing and promoting public understanding of the sentencing process. The Sentencing Council consists of members appointed by the attorney general. Those members are made up from a diverse background to better represent the views of the community. They include retired judges, law enforcement officers, defence lawyers, indigenous community members and persons associated with victims of crime.
The Nurses and Midwives Tribunal is a former tribunal that was established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by nurses and midwives. The tribunal generally heard matters after the Nurses and Midwives Board has made a decision or a professional association had referred an issue to the tribunal. The tribunal heard matters in an informal manner in an attempt to do justice in the matter. The tribunal also conducted inquiries into complaints referred by the New South Wales Health Care Complaints Commission.
The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides sentencing information and continuing education to and examines complaints made against judicial officers in New South Wales, Australia.
Robert Marsden Hope, was a Justice of the New South Wales Court of Appeal and Royal Commissioner on three separate occasions, most notably the Royal Commission on Intelligence and Security. As a judge Hope was known for his legal positivism and as a royal commissioner he "instilled a sense of impartiality".
David Andrew Ipp was a South African-born Australian lawyer, judge and Commissioner of the NSW Independent Commission Against Corruption between 2009 and 2014.
The Physiotherapists Tribunal is a former tribunal established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by physiotherapists.
Wayne Roger Haylen QC is a Judge of the New South Wales Industrial Court.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Australian state of New South Wales have most of the same rights and responsibilities as heterosexual cisgender people.
The Law Society of New South Wales is a professional association which represents over 29,000 solicitors in Australia. The Law Society has statutory powers and regulates the practice of law in New South Wales.
The Bail Act 2013 is a New South Wales law that came into effect on 20 May 2014. It replaces the Bail Act 1978, which was considered "groundbreaking" when enacted, but has been reformed several times to presume against bail. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decision-making. The Bail Act 2013 uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence".
The Bail Act 1978 is a former New South Wales law that has been repealed, and replaced with the Bail Act 2013. While it was considered "groundbreaking" when enacted, it has been reformed several times to increase a presumption against bail.