Victorian Law Reform Commission Annual Report 2004–05 The Honourable Rob Hulls MP Attorney-General Contents Level 17, 8 Nicholson Street Annual Report 2004–05 East Melbourne 3002 Dear Attorney-General Chairperson’s Report 2 I am pleased to present you with the Victorian Law Reform Chief Executive Officer’s Report 4 Commission’s annual report for the year ended 30 June 2005. Highlights of the reporting year include: Commissioner’s Review 6 > completion of the Sexual Offences: Final Report; Our New Part-time Commissioner 7 > completion of the Defences to Homicide: Final Report; Part-time Commissioners 8 > completion of the Workplace Privacy Options Paper; Organisational Chart 11 > completion of the Review of Family Violence Laws: Consultation Paper; Our Approach 12 > completion of the Review of the Laws of Evidence Information Paper; References Workplace Privacy 15 > completion of the Assisted Reproductive Technology and Adoption Position Paper One: Access; and Defences to Homicide 16 > an increase in community education activities. Assisted Reproductive Technologies and Adoption 18 Yours sincerely, Evidence 20 Bail 21 Family Violence 23 Professor Marcia Neave AO Community Outreach and Education 24 Chairperson Disclosures 30 Audit Committee 32 Financial Statements 33 Ordered to be printed. Victorian Government Printer October 2004 No. 163 Session 2003–05 ISBN 0 9757006 5 0 Victorian Law Reform Commission Annual Report 2004–05 1 Chairperson’s Report Marcia Neave AO “The value of having a commission which can make Strong Institutional Structure The value of having a commission which can make The commission’s future success will depend on recommendations based on systematic research and recommendations based on systematic research and our capacity to build on and refine law reform community consultation is increasingly being recognised” community consultation is increasingly being methodology and on the extent to which we can recognised. Confidence in the law reform process is apply past knowledge to the management of new reflected in the number of individuals and non- projects. The internal management team is working government organisations which seek our assistance together well. Our Chief Executive Officer Padma and views, make submissions and wish to participate Raman’s expert management skills have enabled Now that the Victorian Law Reform Commission has to change the way that solicitors and barristers deal in our consultations. We have worked hard to research and policy officers and administrative staff been in existence for four years, it is timely to reflect with complainants in sexual offence cases. promote an understanding of our role in regional and to make an outstanding contribution to the on our achievements and to consider how to build Our Defences to Homicide Report has also resulted in metropolitan areas and among marginalised groups in commission’s work. The appointment of two team on them. changes. The government has announced it will the community. Our Law Reform in Action booklet, leaders, mentioned in the last annual report, has been Our main areas of success include: abolish the partial excuse of provocation; self-defence launched during Law Week, will increase recognition a great success. I thank all members of staff for their of the commission’s work among young Victorians. hard work and dedication to law reform. > government acceptance of our recommendations; is likely to be reformed so it is easier for victims of family violence to rely on this defence; and changes > community recognition of the commission’s work; Cooperation During the reporting year I exercised power under could be made to evidence laws to make it easier to One of the functions of the commission is to monitor section 13 of the Victorian Law Reform Commission > developing cooperative relationships with other admit evidence of family violence. and coordinate law reform in Victoria. This requires us Act 2000 to establish divisions for most of the bodies involved in law reform; and The recommendations in our People with an to establish cooperative relationships with other current references. The divisional structure allows > building a strong institutional structure. Intellectual Disabilities At Risk Report have been taken bodies interested in law reform. The commission commissioners to focus on one or two projects. Acceptance of our Recommendations into account by the Department of Human Services in recognises the importance of having a cooperative I would like to thank all our commissioners for One way of measuring the commission’s performance its broader review of the Intellectual Disabled Persons relationship with the Department of Justice, which the outstanding contribution they make to is to look at the extent to which procedural and Services Act 1986. involves information sharing and working together on publications and the commitment, intellectual administrative changes recommended in our reports implementation of proposals, without compromising rigour and expertise they bring to our projects. The Department of Justice is also considering have been accepted and implemented by the our statutory function of making recommendations to implementation of the recommendations made in the Finally, I note that in the last annual report I government. the Attorney-General independently from bureaucratic suggested that the Victorian Law Reform Commission commission’s Disputes Between Co-Owners Report, or political processes. Judged by these performance measures, the which will give co-owners cheaper and quicker ways Act should be amended, so the Attorney-General commission is doing very well. The government has of resolving disputes. Judith Peirce has taken responsibility for establishing could table our reports and interim reports out of announced it will make many of the legislative links with a range of community bodies with an session. This change was proposed because In all of these areas the commission has worked with changes recommended in our Sexual Offences Report. interest in law reform, including the Federation of consultations on recommendations in interim reports many others involved in the administration of justice. The Department of Justice has given a high priority to Community Legal Centres, the Public Interest Law were held up until the report could be tabled during a These relationships often result in important changes improving the experience of complainants in sexual Clearing House, Indigenous and migrant communities, parliamentary session. This change has now been in practice before the relevant report is published and offence cases. We have worked closely with the schools and universities. Our involvement with these made by the Justice Legislation Amendment Act are often as important as legislative changes. department and its Sexual Assault Advisory groups enriches our work and improves our 2005, which came into operation on 24 May 2005. Committee, which was set up to provide advice on Recognition recommendations. implementing our recommendations. We are Implementation of our recommendations and our The commission has also established links with law delighted that the Magistrates’ and County Court relationships with a broad range of non-government reform bodies in Australia and overseas. Our links have both announced they will introduce specialist organisations have increased community understanding within Australia have recently been strengthened by sexual offences lists, as we recommended. of the commission’s role in improving state laws. The our reference to review the Uniform Evidence Act. We Professor Marcia Neave AO appointment of a communications officer has assisted The Director of Public Prosecutions is also proposing will be producing a joint report on this project with Chairperson us in explaining what the commission does and how to set up a specialist sexual offences prosecution unit the Australian Law Reform Commission and the New members of the community can contribute to the law and there have been discussions with representatives South Wales Law Reform Commission. reform process. I have also briefed the Opposition on of Victoria Legal Aid and the Victorian Bar about how recommendations in our reports so the reasons for these proposals are clearly understood. 2 Victorian Law Reform Commission Annual Report 2004–05 3 Chief Executive Officer’s Report Padma Raman Organisational Improvements The commission’s fourth year has in many ways been We reported on our structural review in the last its finest. We have produced more publications than annual report. Since then, we have implemented all ever before; have had positive feedback from the recommendations that came out of the review “We have put renewed effort into community law reform government on our major recommendations; have and have had time to evaluate the changes. The which we hope has meant that more Victorians understand engaged widely with community groups using implementation process benefited greatly from Judith innovative consultation techniques; and have bedded Peirce’s invaluable management and organisational the law reform process and will participate in helping us down an organisational structure and processes to experience. Judith helped us think through processes develop law reform solutions” ensure we continue to work effectively and creatively. and develop innovative solutions and has provided me with an enormous amount of support and wise References counsel through the year. We completed two of our large references in the past Staff Movements