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 Finance year: Sexual Offences and Defences to Homicide. As The tiered structure of permanent team leaders being The commission could not perform its role without its The commission operated on a budget of $1,995,838 noted in other parts of this report, both reports responsible for particular references has been a great extremely talented and dedicated research and over the financial year. During the year we asked for received widespread attention and a considered and success. It has ensured more efficient project administrative staff. As we finished some major additional funding to cover our new references and positive response from the government. The management and has streamlined the process of projects over the year, some research staff have a six-month extension to the family violence reference. commission also received new references on the Bail producing material for decision-making by moved on to other new and exciting opportunities. We asked for $450,000 over two financial years Act and Uniform Evidence Act in November. We have commissioners. Personally, it has also meant that I am Over the past year, Hilary Little, Nicky Friedman, (2004–05 and 2005–06). The Department of Justice put renewed effort into community law reform which more able to focus on the overall management of the Victoria Moore, Liana Buchanan and Susan Coleman has provided the entire sum in this financial year, we hope has meant that more Victorians understand organisation rather than trying to get across the have left the commission. I would like to thank them which is why our nett result for the financial year the law reform process and will participate in helping details of six or more references. I would like to thank for their outstanding contribution to the references shows a $100,766 surplus. I would like to thank us develop law reform solutions. our first team leaders, Mary Polis and Angela Langan, and the organisation. Operations Manager Kathy Karlevski for all her work in ensuring that our finances are managed efficiently. for their hard work, their cooperation and insight in Two years ago, the commission worked with the implementing a new structure, and all the support Victoria Law Foundation to set up a legal internship In April 2005 I was appointed as a part-time member they have given me over the year. program for law students seeking to gain experience of the Equal Opportunity Commission Victoria. The The new structure has meant we now have a in non-corporate legal organisations. The program is Law Reform Commission and Chairperson have been management group that meets regularly to work now very successful, runs over summer and winter extremely supportive of the appointment. I would like through organisational issues. It consists of the breaks and has a range of organisations involved. The to thank them and all the staff at the Law Reform Chairperson, full-time Commissioner, CEO, Operations commission has been extremely lucky to have had a Commission for being so accommodative of the Manager and the team leaders. This structure, along series of exceptional interns from the scheme. Over additional demands on my time. While I have only with greater clarity about the roles and responsibilities the past year, we were pleased to have Emily Chew, been a member for a few months, I can already see of staff and commissioners and divisions of the Manisha Jayetileke, Louise Parrott and Natasha the potential for cross-fertilisation of ideas and commission working on references, has increased our Stojanovich working with us. networks and greater collaboration on particular efficiency and capacity to undertake new work. issues. I feel invigorated and excited about the fact that I am working in two areas that I feel passionately One of the most important changes that came out of about and hope that my enthusiasm will translate into the structural review was the creation of the new positive outcomes for both organisations. position of Communications Officer. While we are a small organisation, we rely very heavily on public and expert input into our processes. Alison Hetherington has been performing the role of Communications Officer brilliantly and has ensured that a wide range of media and community organisations are aware of Padma Raman the commission’s work. Chief Executive Officer
4 Victorian Law Reform Commission Annual Report 2004–05 5 Commissioner’s Review Our New Part-time Commissioner Ms Judith Peirce The Honourable Justice Tim Smith
“Public participation assists the commission to ensure that When the commission received the reference from Justice Smith assisted the government in implementing the Attorney-General in November 2004 to review the ALRC report into the Uniform Evidence Act by proposed changes to the law reflect the views of Victoria’s the state’s evidence laws, the obvious choice for providing comment to the federal Attorney-General’s diverse communities, are accessible and are practical” lead commissioner was Justice Tim Smith of the department and to the Senate Standing Committee Supreme Court. on Legal and Constitutional Affairs. He has also introduced the Act to practitioners, judges and Justice Smith developed an early interest in evidence magistrates at a number of seminars. law and lectured on evidence law for some 10 years The strengths of the commission have been much Commission staff addressed many community in the articled clerk’s course in the 1970s. This, Over the past 10 years he has conducted evidence utilised in 2004–05 to ensure the high quality of our agencies and institutions during the course of the year together with his career as a barrister and judge, law seminars in the judicial orientation program work is maintained as we achieve important milestones. and are now assisted in their work with migrant has given him ample opportunity to develop expert conducted for new judicial officers, initially through communities with the translation of our brochure knowledge about evidence laws. He was made a the NSW Judicial Commission and the Australian The publication of final reports, consultation papers, Changing the Law into 11 different languages. QC in 1986 and then a judge of the County Court Institute of Judicial Administration and now under discussion papers and newsletters complement the in 1988, before being appointed to the Supreme the auspices of the National Judicial College. many forums, consultations, seminars, information More community law reform initiatives are being Court in 1990. sessions, community presentations and speeches planned for next year, including a new project to In recent years, he has also co-authored a number organised and conducted by the commission. The coordinate law reform activity in Victoria through the “It was his interest and expertise in of articles for the Australian Law Journal explaining and leadership of our chairperson Professor Neave, the commission’s Advisory Council. We are also comparing the operation of the Uniform Evidence Act dedication of fellow commissioners, and expertise of undertaking a community law reform project on evidence law and interest in law and the common law on topics including evidence in our CEO Padma Raman, are instrumental in these tenancy databases in conjunction with the Tenant’s reform that saw him appointed as sexual offences cases, unhelpful witnesses and hearsay. achievements. Union Victoria. To reach non-traditional communities the commissioner in charge of the Justice Smith was released from his judicial duties in we have announced a modest prize for a film using a The public’s participation in reform of the law is one the first five months of this year to work full-time on law reform theme in the Shepparton Shorts film original Australian Law Reform important way to engage in the processes of Victoria’s contribution to the joint Uniform Evidence competition. The winning film will be shown at the democracy. Public participation assists the commission Commission (ALRC) review” Act Discussion Paper published by the Victorian, NSW Shepparton Festival, held in March every year, and to ensure that proposed changes to the law reflect and Australian Law Reform Commissions. He continues during Law Week 2006. the views of Victoria’s diverse communities, are It was his interest and expertise in evidence law to provide extensive guidance to the review as a part- accessible and are practical. Continuing active community engagement has and interest in law reform that saw him appointed time commissioner. characterised the Family Violence reference, with the as the commissioner in charge of the original To extend our community engagement this year we launch of the Review of Family Violence Laws: Australian Law Reform Commission (ALRC) review revitalised our educational programs and community Consultation Paper at a forum jointly conducted with that began in 1980 and ended in 1987. This review law functions through the publication of Law Reform the Victims Services Agency in November 2005. resulted in the Uniform Evidence Act, now used in in Action. Developed to support the VCE Legal Studies Bringing together many participants with different federal jurisdictions, in NSW, ACT and Tasmania. curriculum, the publication was launched during the perspectives resulted in an interaction of great value commission’s Law Week function, Provoking Cinema, The original ALRC review was a comprehensive in understanding the specific needs, demands and which was held at the Australian Centre for the examination of the laws of evidence applying in limitations of current practices in family violence Moving Image at Federation Square. Law Reform in federal courts, which at that time applied to the service delivery. The depth of our understanding Action was supported by the Victorian Commercial law of the states and territories in which they sat, about the nature and effects of family violence and Teachers Association and the Law Institute of Victoria. and the laws of evidence applying state and the directions for reform are greatly enhanced by this Publication costs were funded by a grant from the territory courts, with the aim of achieving participation. Victorian Law Foundation and we thank the uniformity between the jurisdictions. foundation for this essential support. Both Law Reform in Action and Provoking Cinema were very well received, with the publication being used beyond its original intended targets as a useful summary of the commission’s processes. Judith Peirce Commissioner
6 Victorian Law Reform Commission Annual Report 2004–05 7
Part-time Commissioners
Her Honour Judge Felicity Hampel The Honourable Justice David Harper “It is because working with the The Victorian Law Reform Commission has a mix of Her Honour Judge Felicity Hampel has been a part-time The Honourable Justice David Harper has been with nine full-time and part-time commissioners. commissioner since October 2001. She was appointed the commission since October 2001. After a long commission’s staff and other as a County Court judge in 2005 and prior to that career at the Bar—he was made a QC in Victoria in Professor Marcia Neave is the full-time chairperson of commissioners is a privilege, as is was a practising senior counsel and Adjunct Professor 1986 and in New South Wales in 1989—he was the commission and has been reappointed for another of Law at Monash University. She joined the Victorian appointed to the Supreme Court as a judge in 1992. working to reform aspects of the law term which will expire in late 2007. Bar in 1981, was appointed Queens Counsel in 1996 He is currently Chair of the International Humanitarian that would benefit the community, Ms Judith Peirce has worked full-time on the Family and throughout her career has been active in human Law Advisory Committee of the Red Cross (Victorian that I continue to be involved with Violence review in the past year, and Justice Tim rights and public interest advocacy and legal education. branch), President of the Victorian Association for the Smith worked full-time on the Evidence review for the Care and Resettlement of Offenders and Chair of The law reform” “Being involved in law reform is challenging and first five months of his appointment. Northcote Trust, which helps talented young people stimulating. I have the opportunity of looking at the finish their education. The part-time commissioners join the full-time law from a different perspective from that of a commissioners for regular meetings of the commission practitioner and playing a part in effecting reform Justice Harper has worked on the Sexual Offences, or the divisions they belong to. where it is needed,” Judge Hampel said. Homicide and Evidence divisions of the commission in the past year. The commissioners are assigned to divisions to work In the past year Judge Hampel has worked on the on specific references and each division typically has Sexual Offences, Homicide, Workplace Privacy, ART While evidence and homicide issues have been regular two, sometimes three, commissioners. and Adoption, and Bail divisions of the commission. aspects of his career as a barrister and judge, he had Mr Paris Aristotle AM little experience of sexual offences cases before Mr Paris Aristotle AM was appointed as a part-time The commission’s interim and final reports are The responses to the Sexual Offences and Homicide beginning work on the review. As such, he found the commissioner on 20 August 2002. He has been the discussed and voted on by all nine commissioners. Final Reports were a gratifying highlight of the year, subject to be fascinating but difficult, especially in Director of the Victorian Foundation for Survivors of and the completion of the reviews gave her the balancing different expectations of what constitutes a Torture since 1987 and holds several positions on distance needed to appreciate the depth of analysis fair trial. government advisory bodies in the settlement and and research conducted by the commission. human services fields, including the Refugee “Both the views of victim and accused may have Her work on both projects has broadened her under- Resettlement Advisory Council and the Immigration validity; yet it may be impossible to give both full “Being involved in law reform is standing of the effect of gender on the development Detention Advisory Group. He also sits on the board practical expression. Devising a set of practical and of our laws for both victims and the accused. of the Adult Multicultural Education Services. challenging and stimulating. I have acceptable solutions was not easy. I think the the opportunity of looking at the “Legislative change without cultural change and the commission’s Final Report recommendations are the Mr Aristotle has been a member of the ART and law from a different perspective recognition of the social and political realities which product of its commitment to inclusiveness, Adoption division and has worked on the Family shape community attitudes will do little to achieve innovation and independence,” Justice Harper said. Violence reference in the past year. from that of a practitioner and real reform in the way the law operates and treats “I have the very great satisfaction of knowing that the people,” Judge Hampel said. playing a part in effecting reform commission’s Final Report was the end result of where it is needed” Her appreciation of the value of rigorous research and meticulous research, absolute intellectual integrity, data analysis to combat myths and preconceptions has and very careful assessment of all relevant points of also arisen in the ART and Adoption and Workplace view. It is these qualities, instilled so ably by Marcia Privacy reviews. Neave as chair of the commission (and who herself embodies them), that inform every aspect of the “These references concern social values as much as commission’s work.” legal and regulatory frameworks; finding a way to assess the different, often conflicting, needs of people “It is because working with the commission’s staff involved and developing a consistent philosophical and other commissioners is a privilege, as is working approach has been challenging and exciting.” to reform aspects of the law that would benefit the community, that I continue to be involved with law reform.”
8 Victorian Law Reform Commission Annual Report 2004–05 9 Organisational Chart Victorian Law Reform Commission
Commission Professor Marcia Neave AO (Chairperson) Professor Sam Ricketson Her Honour Judge Jennifer Coate Judith Peirce Professor Sam Ricketson has been a part-time Her Honour Judge Jennifer Coate became a part-time Paris Aristotle AM commissioner since October 2001. He is a practising commissioner in October 2001. She has been a judge Her Honour Judge Jennifer Coate barrister specialising in matters of copyright and of the County Court and President of the Children’s Her Honour Judge Felicity Hampel intellectual property law and has published widely in Court since June 2000 and prior to that was a The Honourable Justice David Harper these areas. He has been a Professor of Law at the magistrate for eight years. She has worked as a Professor Sam Ricketson University of Melbourne since 2000, and was barrister, solicitor and academic and served on social The Honourable Vice President Iain Ross AO previously Professor of Commercial Law at Monash policy groups and committees. The Honourable Justice Tim Smith University. Prior to this, he held academic and research (from 7 December 2004) Judge Coate has been a member of the Sexual positions at the universities of Melbourne and Offences and Bail divisions in the past year. Executive Assistant London. He is also a Fellow of the Academy of the Lorraine Pitman Social Sciences in Australia. Chief Executive Officer “Being both a barrister and an academic, law reform involvement enables one to step back from the immed- Padma Raman iacies of practice and the sphere of theory and to look at the way in which laws might operate more effectively and rationally within society,” Professor Ricketson said. Operations Manager Policy and Research Officers Communications Professor Ricketson has been a division member of Kathy Karlevski Liana Buchanan (until 7 January 2005) Officer both the Workplace Privacy and ART and Adoption Samantha Burchell (from 29 March 2005) Alison Hetherington reviews in the past year. Joanna Carr (from 21 February 2005) Trish Luker (LWOP) Susan Coleman (until 3 June 2005) He was already familiar with some of the issues that The Honourable Vice-President Iain Ross AO Librarian Claire Downey (from 23 March 2005) have arisen in the Workplace Privacy review as The Honourable Vice-President Iain Ross AO is the Daniel Evans (from 21 February 2005) intellectual property law covers the use of trade Vice-President of the Australian Industrial Relations Julie Bransden Kate Foord secrets and confidential information, and ART had Commission. He first became involved in law reform Nicky Friedman (until 19 October 2004) long been of interest to him. in 1992 as a consultant to the Australian Law Reform Hilary Little (until 15 July 2004) Sonia Magri (from 6 December 2004) Commission’s Collective Investments Review. He was a While work on both these references consumed much Siobhan McCann part-time commissioner of the NSW Law Reform Receptionist of Professor Ricketson’s time in the past year, he also Victoria Moore (until 1 October 2004) Commission from 1998 to 2001 and joined the Vicki Christou nominates the release of the Sexual Offences Final Zoe Morrison (from 14 March 2005) Victorian Law Reform Commission on 5 August 2003. (from 25 October 2004) Priya SaratChandran Report as a highlight of the year for the commission. Failelei Siatua Vice-President Ross has been a member of the Work- “The commission will continue to display its high (from 28 April 2005) place Privacy and Evidence divisions in the past year. level of commitment to law reform and its enthusiasm Nadia Vitellone Project Officer and professionalism in pursuing whichever references (Casual to 22 October 2004) Simone Marrocco it is given.” Jenny Wright (until 19 October 2004) Research Assistants “Law reform involvement enables one (Casual Employment) to step back from the immediacies Manisha Jayetileke (1 September–2 September 2004) of practice and the sphere of theory Sonia Magri (1 July–1 December 2004) Jane McCullough (from 19 April 2005) and to look at the way in which Nesam McMillan (24 August–24 December 2004) laws might operate more effectively Tanaya Roy (28 May 2004–24 March 2005) and rationally within society”
10 Victorian Law Reform Commission Annual Report 2004–05 11
Our Approach Functions, Visions and Objectives
Our Vision and Objectives “The Victorian Law Reform Commission has The Victorian Law Reform Commission has committed Our vision is to establish the Victorian Law Reform itself to being inclusive, innovative and independent in Commission as the leading law reform agency in committed itself to being inclusive, innovative and its approach to law reform. Australia. In all its activities, the commission will independent in its approach to law reform” contribute to the building of a fair, just, responsive, The law affects all members of society. It is important inclusive and accessible legal system for all Victorians. that everyone has an opportunity to participate in processes of legal review to ensure that recommend- The commission will: Our broad objectives, which steer our activities, are detailed below. ations for change are relevant, responsive and fair. > establish a reputation for rigorous legal research Objective Result The Victorian Law Reform Commission has been and extensive community consultation; To provide the Attorney-General and > Delivered papers and reports on schedule. established as an independent, government-funded > produce timely, thorough and high quality law parliament with high quality, timely, > Employed and consulted experts in areas the references address. organisation with a charter to facilitate community- reform recommendations which provide innovative responsive and effective advice on > Developed achievable recommendations but advised if major wide consultation and advise parliament on how to solutions to complex policy issues; law reform that is independent of reforms were needed. improve and update Victorian law. It is committed to > build community trust in government and enhance government agencies and the > Participated in government efforts to implement the transparent and public law reform which is the democratic process by fostering public political process. commission’s final reports. independent of the political process. understanding of law reform and encouraging Our Functions informed community debates on key issues; Engage the community in law reform > Provided information about key milestones in each reference to The Victorian Law Reform Commission was > give a voice to marginalised groups within the processes and foster community-wide relevant media outlets. established under the Victorian Law Reform community; debate on law reform proposals. > Held public forum to launch three ART and Adoption occasional papers. > Consulted widely within the community for Sexual Offences, Commission Act 2000 as a central agency for > ensure the government is fully informed of law Defences to Homicide, Privacy and Family Violence references. developing law reform in Victoria. reform developments which have occurred interstate and overseas; The functions of the commission are: To promote the role of law reform and > Published a booklet about the commission to help VCE legal > to examine, report and make recommendations to > provide fearless, impartial and independent advice improve community understanding of studies students. the Attorney-General on any proposal or matter to the government of the day and be seen to be law and legal processes relevant to the > Held provocation forum for VCE students as part of Law Week. relating to law reform in Victoria that is referred to doing so; and commission’s references. > Participated in relevant conferences, forums and other the commission by the Attorney-General; > build partnerships with other bodies involved in law public events. > to examine, report and make recommendations to reform to avoid inefficient duplication of effort. To coordinate law reform in Victoria > Investigated possible changes to the Health Records Act and the Attorney-General on any matter that the Strategic Planning and identify areas of emerging referred the matter back to the Attorney-General. commission considers raises relatively minor legal The commission’s three year strategic plan expires in concern. > Participated in the Attorney-General’s Human Rights Bill and issues that are of general community concern if the 2005. It will be reviewed in the second half of 2005 Victim’s Charter groups. commission is satisfied that the examination of that to set the direction of the organisation for > Participated in the national Nicotine Control Framework Project matter will not require a significant deployment of 2006–2009. Technical Committee. the resources available to the commission; > Investigated and began project with the Tenants Union about As part of this planning process the commission will > to suggest to the Attorney-General that a proposal real estate agency databases. revisit its vision, approach and objectives to ensure it is or matter relating to law reform in Victoria be meeting the needs of the Victorian community. referred to the commission by the Attorney-General; To maintain efficient and effective > Delivered all objectives within budget. administrative and financial systems > Achieved update of all computer hardware and software. > to monitor and coordinate law reform activity in Any new goals and objectives will reflect projects the and provide a safe and supportive > Staff accessed training to keep their skills and knowledge Victoria; and commission is likely to receive in the coming year and will draw on the established expertise of working environment to support the up-to-date. > to undertake educational programs on any area of the commissioners and staff. commission’s law reform activities. law relevant to a reference, whether past or current.
12 Victorian Law Reform Commission Annual Report 2004–05 13
References Workplace Privacy
“In researching the Options Paper, the commission found significant legislative gaps in privacy protection for Victorian workers“
Implementation Tabling Reports out of Session Submissions and Consultations One of the commission’s goals is to provide The original Law Reform Commission Act 2000 The Workplace Privacy reference began the financial The commission called for submissions from the public recommendations which can easily be implemented requires the Attorney-General to table the year with the release of an Options Paper and ended about which option, or which parts of each option, by government. commission’s interim and final reports while it with a draft of the Final Report. people preferred. parliament is in session. It can be difficult to definitively say how many of a In researching the Options Paper, the commission Exactly 36 submissions were received in response to report’s recommendations are adopted and sometimes The government amended the Act in May 2005 to found significant legislative gaps in privacy protection the Options Paper, mainly coming from industry it is unhelpful to look at law reform through such a allow interim reports and reports to be tabled while for Victorian workers and so determined a regulatory associations, employers and unions. A few submissions simplistic measurement tool. Recommendations may parliament is in recess, as long as the Attorney- model was needed which would provide greater also detailed the experience of individual workers and have public and ministerial support but not be endorsed General provides members with one day’s notice that certainty for workers and employers. their thoughts on privacy-intrusive practices. by cabinet, or legislation may be delayed because the he will table the reports. Options Paper Employers favoured Option Two, if they nominated issues it covers are not a government priority. This change will allow reports to be made public soon The Options Paper proposed two models of either of the models at all, and unions preferred However, acceptance of a commission’s recommend- after they are finished, instead of the situation where regulation, both of which guaranteed a minimum of Option One. ations must be seen as one of a range of success reports are finished at the end of one year and are privacy protection for workers while still allowing Many employers expressed the desire for no indicators. not made public for another three months because employers to use certain practices if they were regulation and said if there was to be a regime it parliament takes most of the summer off. necessary to meet their legal and other obligations. This year the government established a sexual should be federal rather than state-based. Some were assault project team within the Department of Justice The models are concerned with the practices of sceptical that the government would fund a regulator to examine and implement recommendations from surveillance, testing and monitoring, as federal and to the required level for any system to be effective. the commission’s Sexual Offences: Final Report. state legislation cover information privacy. Unions also reiterated the importance of adequate The government announced in January that it In proposing these models the commission was funding for a regulator to ensure compliance, along would abolish the partial homicide defence of looking for a flexible approach that would with financial penalties for breaches of the Act. provocation, as recommended by the commission’s accommodate all workplaces and provide a As soon as the Options Paper was released the Defences to Homicide: Final Report, and consider mechanism to ensure compliance, while balancing the commission embarked upon an extensive series of other recommendations in the report. privacy interests of workers and businesses’ need to roundtable discussions with unions, employers and comply with regulatory and legislated requirements. It has also indicated that it is considering regulatory theorists to further test options for a implementing some of the recommendations from the Option One proposed a system where employers regulatory model. commission’s Disputes Between Co-owners Report, would have to obtain authorisation from a regulator These discussions were an invaluable way of which was published in March 2002. before conducting any form of surveillance, determining which aspects of the models were monitoring or testing. preferred by employers and unions and how they Option Two involved implementation of a set of would operate effectively in practice. legislated principles that employers would have to follow when using privacy-invasive practices.
14 Victorian Law Reform Commission Annual Report 2004–05 15 References Defences to Homicide
“In January 2005 the government announced it would abolish provocation and was considering the commission’s other recommendations surrounding self-defence.”
Above left and right: Attorney-General Rob Hulls MP and Chairperson Professor Marcia Neave, field media questions after launching the Defences to Homicide Final Report.
The commission’s Defences to Homicide: Final Report To recognise the importance of a history of family Post Report was tabled in parliament on 18 November 2004, at a violence in some homicides, the report recommends The report was launched on 18 November 2004 at time of unprecedented public interest in partial the introduction of hearsay evidence and expert Parliament House and included a presentation from defences to murder. evidence so juries can get the background information the commission’s chairperson Professor Marcia Neave, they need to judge the actions of the accused. the Attorney-General Rob Hulls and the Director of The Final Report was the result of three years of the Women’s Domestic Violence Crisis Service Victoria research, public consultations, an issues paper, an To counter the effects of abolishing provocation for Dr Rhonda Cumberland. options paper and an occasional paper written by some accused, the commission recommended changes Professor Jenny Morgan. to the definition of self-defence and the introduction After the report was publicly released, commissioners of excessive self-defence as a partial defence. and researchers embarked on an extensive briefing Final Report program. The rationale behind the report is the belief that The report recommends the law of self-defence culpability should be taken into account at sentencing be codified to make it clear that the accused who The Department of Justice, Law Institute, Criminal Bar rather than altering the offence with which the is reacting to a threat of harm that is ‘inevitable’ Association and Sentencing Advisory Council were just accused was charged. People who kill but say they rather than just ‘immediate’ may be able to rely on some of the organisations to benefit from face-to-face were provoked, for example, should be convicted of self-defence. information sessions about the report’s murder, not manslaughter; any provocative recommendations. The commission examined the defence of mental circumstances can be considered at sentencing. impairment and offence of infanticide and decided to In January 2005 the government announced it While the commission’s recommendation to abolish retain them with minor changes. would abolish provocation and was considering the provocation attracted the headlines, the report also commission’s other recommendations surrounding Also recommended is the removal of juries at ‘by called for the reintroduction of the partial defence of self-defence. consent’ hearings in favour of a judge hearing the excessive self-defence and introduction of the evidence. By consent hearings are those where the defences of duress and necessity. prosecution and defence agree the accused should be The report focuses on homicides that take place found not guilty by reason of mental impairment. between intimate partners and where there has been a Included in the Final Report was a draft Bill that history of family violence. Throughout the course of the incorporated all the commission’s recommendations, homicide review, murder defences were criticised for which was prepared by the Office of Parliamentary being biased against women, as they did not account Counsel. for reactions to situations of ongoing violence.
16 Victorian Law Reform Commission Annual Report 2004–05 17 References Assisted Reproductive Technologies and Adoption
Strong public interest in the Assisted Reproductive “The submissions covered a broad Technologies (ART) and Adoption reference has continued to guide the activities of the commission spectrum of views, from people who in the past year. opposed any change to the legislation The Chairperson of the Victorian Biotechnology Ethics Advisory People who have registered with the commission have Committee and Deputy Chairperson of the Infertility Treatment to those who thought regulation of Authority, Michael Gorton AM, launching the three ART occasional been kept up-to-date about the commission’s work papers in September 2004. via email and the post. the area was unnecessary”
A total of 252 submissions were eventually received in Position Papers Submissions Instead of publishing a lengthy interim report or This paper received a high level of attention from response to the Consultation Paper, which was The authors of the three papers presented their options paper, the commission decided to issue a news media and internet sites, resulting in more released in December 2003. The submissions covered findings and took questions from the audience series of short position papers setting out its interim than 330 submissions, the majority of which were a broad spectrum of views, from people who opposed about the application of the UN’s Convention on the recommendations. This was done to make it easier for from individuals. any change to the legislation to those who thought Rights of the Child to ART and adoption practices, interested people to read about the issues they were regulation of the area was unnecessary. medical outcomes of ART and documentation of Different community groups disseminated form letters concerned with and make submissions. The parental status. and petitions about the paper, and these represented Occasional Papers commission also felt it needed more input from the the bulk of submissions received. There were also a In September 2004 the commission published three Comments made by audience members at this forum community on a number of undecided issues. number of submissions from people who had already occasional papers it had commissioned to contribute were recorded by researchers and considered before The first paper, released in May 2005, included commented on the Consultation Paper. to knowledge about children’s rights and ART; the writing began on the first of three Position Papers. interim recommendations about who should or should wellbeing of children raised in diverse family The second paper was due to be released in July 2005 More than 40 audience members filled out feedback not be permitted to access ART and posthumous use structures; and legislation governing ART in different and a third paper in November 2005. forms with almost all agreeing the forum was jurisdictions in Australia and other countries. of gametes. People were given one month after its informative and well run, even if they disagreed with release to make a submission on the interim The second paper will examine who should be Outcomes for Children born of Assisted Reproductive the content of the presentations. recommendations and questions asked. recognised as the legal parents of children born Technology in a Diverse Range of Families was written through ART, access to information for donor- Issues raised in submissions and at the public forum Interim recommendations included: by Dr Ruth McNair, Department of General Practice, conceived children and changes to the Adoption Act. were also discussed in expert roundtables at the end University of Melbourne; The Convention on the > the implementation of a set of legislated guiding The third paper will focus on surrogacy laws, of 2004. The roundtables focused on eligibility and Rights of the Child: The Rights and Best Interests of principles which would need to be included in the examining whether eligibility criteria should be access to ART, parentage, surrogacy and Children Conceived through Assisted Reproduction by Infertility Treatment Act; changed and whether reimbursement of a surrogate technological change. John Tobin, Law School, University of Melbourne; and > a presumption against treating people who had mother’s expenses should be allowed. ART Surrogacy and Legal Parentage: A Comparative been convicted of serious sexual and violent offences; Legislative Review by Adjunct Prof John Seymour, Once all the submissions to the Position Papers are > the removal of marital status or infertility as a Australian National University, and Sonia Magri, received, the commission will begin work on its barrier to treatment; and Victorian Law Reform Commission Final Report to government, which it plans to hand > the ban on the use of someone’s gametes after they to the Attorney-General in early 2006. These papers were launched at a public forum attended have died unless they left their consent in writing. by more than 150 people and chaired by Deputy Chairperson of the Infertility Treatment Authority and Chairperson of the Victorian Biotechnology Ethics Advisory Committee, Michael Gorton AM.
18 Victorian Law Reform Commission Annual Report 2004–05 19 References References Evidence Bail
Consultations The commission received a reference from the A full-time researcher began work on the reference in Attorney-General in November 2004 to review the February 2005 and consultations began soon after. provisions and operation of the Bail Act 1977. The commission has begun work on the reference by In particular, the commission has been asked to consulting widely with those involved in the bail ensure the Act is consistent with the overall objectives system to identify issues or problems with either the of the criminal justice system, including: Bail Act itself, or the processes surrounding the Information Paper > the presumption of innocence; granting or refusal of bail. The Victorian Law Reform Commission (VLRC) The Honourable Justice Tim Smith, the commissioner > the protection of the public, including victims of crime; To date, the commission has met with more than received a reference from the Attorney-General in in charge of the original ALRC reference, joined the > the prompt resolution of issues concerning a 30 individuals and groups including: the Federation November 2004 to review the Evidence Act 1958 and VLRC in December 2004 to head the Evidence review, person’s detention; and of Community Legal Centres, the Office of Public other Victorian evidence laws, and advise on the and two researchers were appointed in early 2005. Prosecutions, the Victorian Aboriginal Legal Service, > the presumption that a person should normally be action required to introduce the Uniform Evidence Act the Law Institute of Victoria, the Commonwealth The ALRC had already produced an Issues Paper by granted bail, except in circumstances specified in into Victoria. Department of Public Prosecutions, Victoria Legal Aid, the time the VLRC received its reference, so in legislation. The Uniform Evidence Act was the result of a 1987 February 2005 the VLRC released a short Information researchers, Corrections Victoria, the Magistrates’ Court, Australian Law Reform Commission (ALRC) report on Paper to outline how the Victorian review would When making its recommendations for any the Bail Support Program, juvenile justice staff in the evidence. It has been enacted in New South Wales, operate. procedural, administrative and legislative changes Department of Human Services and victims of crime. which may be necessary, the commission has been the ACT, Tasmania, and federal jurisdictions. The commission is also travelling to rural areas to The Information Paper was sent to every barrister and asked to keep in mind: The VLRC’s terms of reference called for collaboration legal centre in Victoria, as well as being sent by email discover if there are regional-specific issues, and to > the themes and principles in the Attorney-General’s with the ALRC and the New South Wales Law Reform to members of the Law Institute of Victoria. ensure a broad spectrum of views from throughout 2004 Justice Statement; Commission in their respective reviews of the Uniform Victoria is covered. As the Uniform Act is not in operation in Victoria, the > the over-representation of Indigenous Australians Act, to promote national harmonisation of evidence law. In consultations so far, the most consistent call is for VLRC’s joint consultations with the ALRC have been held on remand; In line with the terms of reference received by the other limited to practitioners who practise in federal or the structure and language of the Bail Act to be > possible alternatives to jail for defendants who are two commissions, the VLRC has been asked to consider: other state courts. simplified. Given that the Act is regularly used by not granted bail; police and bail justices who may not have legal > the examination and re-examination of witnesses, In March 2005, ALRC and VLRC representatives met > the intersection of the Bail Act and the Children and training, it is important for the Act to be user-friendly. before and during proceedings; with Victorian barristers, magistrates, and Supreme Young Person’s Act 1989; > the hearsay rule and its exceptions; Court and County Court judges to inform a joint A consultation paper calling for submissions will be > The 1992 Law Reform Commission of Victoria released in the second half of 2005. It will include an > the opinion rule and its exceptions; Discussion Paper. report on the Bail Act; and outline of the current system in Victoria, how the Bail > the coincidence rule; Each commission took the responsibility of researching > the needs of marginalised and disadvantaged Act interacts with other Acts, and problems with the > the credibility rule and its exceptions; and and writing allocated chapters in the Discussion Paper. groups, including Indigenous Australians, and the current wording and operation of the Act. The VLRC wrote the chapters on competence and > privileges, including client legal privilege. impact of the bail system on people in these groups. compellability; tendency and coincidence evidence The release of the consultation paper will give It has also been asked to take into account the (propensity, relationship and similar fact evidence); anyone who has been affected by the operation of recommendations it has already made about evidence and credibility evidence. bail the opportunity to make a submission about law in its reports on sexual offences and defences to their experiences. The three commissions plan to release the joint homicide. Discussion Paper in July 2005 and a joint Final Report in December 2005.
In addition to working on the joint project, the VLRC also plans to produce a separate report which will recommend to government how existing Acts need to be changed to accommodate the Uniform Act.
20 Victorian Law Reform Commission Annual Report 2004–05 21
References Family Violence
Images from the What Women Want: Responding to Family Violence forum held in November 2004.
“This reference has involved the commission’s most widespread In particular: > Removing the perpetrator of family violence from the family home rather than the people who have consultation plan to date, with face-to-face visits to every region > inappropriate attitudes from some police and court staff, including racist attitudes and poor experienced violence. of the state and throughout metropolitan Melbourne” cultural awareness; > Improving legal representation for people involved > a history of suspicion of government agencies in intervention order applications. Many individual among Indigenous people; submissions talked about how difficult it was to find out who to speak to and what they should do > a lack of qualified and impartial interpreters; when applying for an intervention order. Consultation Paper > a lack of suitable emergency accommodation The release of the commission’s Family Violence The Family Violence review is looking at procedural, for people with disabilities, and In early 2005 two new researchers began work on Consultation Paper on 26 November 2004 was the administrative and legislative changes that may be sorting through the submissions and developing > poor understanding of people with cognitive culmination of a year of statewide consultations and needed to ensure that the Crimes (Family Violence) interim recommendations in preparation for the Final impairments. extensive research into the effectiveness of the Act 1987 provides the best possible response to the Report, which is due to be handed to the government intervention order system. problem of family violence in Victoria. To help people answer the 94 questions contained in by the end of 2005. the Consultation Paper, the commission published an This reference has involved the commission’s most The Consultation Paper specifically looks at the Researchers spent May and June 2005 undertaking outline of the paper and list of questions. This was widespread consultation plan to date, with face-to- intervention order system, which was introduced into another round of consultations with groups and sent out with every copy of the full-length paper. face visits to every region of the state and throughout Victoria by the Act. individuals to test the reaction to interim metropolitan Melbourne. Submissions and Consultations recommendations. This hybrid civil and criminal system was intended to The commission has received more than 80 The commission released the paper at a forum jointly protect people who had experienced family violence A group of women and men from African countries submissions to the Consultation Paper, including a convened with the Victims Support Agency to present while providing evidence for criminal cases. But the met with researchers twice to share their experiences number of oral submissions from people who have the case for reform in family violence law and to hear commission’s consultations have found that many of family violence and offer suggestions for improving been affected by family violence. from the support workers and people affected by workers in the area and people affected by violence the justice system. violence. don’t believe intervention orders protect many families All of the submissions agreed with the need to In June 2005 the commission organised a forum with and have led to fewer criminal charges being laid. change the Act and widespread support was Two women who had experienced family violence leaders from the Indigenous community to gather expressed for: were the first speakers of the day and quickly The paper outlines the main issues raised in feedback on interim recommendations of relevance. established the extent of the problems with the law. consultations, what other jurisdictions are doing about > The inclusion of a general statement of purpose or Participants said they had the opportunity to have They were followed by Attorney-General Rob Hulls similar problems, and possible responses which could underlying principles in the Act. The Statewide their views heard on some of the key recommendations and a panel of family violence experts who be considered by the Victorian Government. Steering Committee’s principles of Agency, which would affect Indigenous communities. participated in a discussion involving the audience. In Accountability and Safety were put forward as It describes how the Act operates and intersects with Full-time commissioner Judith Peirce visited Tasmania the afternoon the audience broke into groups to possible principles. other laws, where the legislation could be rewritten to in June to find out more about the state’s radical new share their thoughts on some of the questions posed > The new police family violence code of practice, increase its effectiveness, barriers to the use of the response to family violence, termed Safe at Home. in the Consultation Paper. requiring police to apply for intervention orders on intervention order system, suggested changes to The legislation includes an expansion of police behalf of victims, police powers to detain, and The forum attracted 90 participants and feedback police and court procedures, and changes to evidence powers, broadening of the definition of family better police responses to order breaches. A few forms indicated that most people thought the needed during the application process. violence and a presumption against bail for violent submissions supported the police having the power presentations were useful to their work. family members. The Family Violence review’s terms of reference to make short-term orders. require it to consider how intervention orders are > The trial of specialist family violence courts. The commission also sent an electronic newsletter to failing immigrant women, Indigenous people, and stakeholders in July 2004 and January 2005 to keep people with disabilities. The paper outlines the many people who are interested in the review informed of barriers to using the system and other problems the latest developments. encountered by these groups of people.
22 Victorian Law Reform Commission Annual Report 2004–05 23 Community Outreach and Education 2004–05
Images from the Provoking Cinema event held during Law Week 2005.
Community Law Reform Feedback Schools The commission can initiate small law reform projects In the past year the commission has received many Victoria University law student Anthony Cashmore In the past year the commission has focused on without a reference from the Attorney-General. positive reactions to its events and publications. wrote to the commission following the government’s activities within and for schools to increase the announcement it would abolish provocation: awareness of the law reform process. This year the commission investigated a suggestion to Team Leader Angela Langan spoke at the Comview review a section of the Health Records Act and to conference in November 2004 and received a very “ The news today that the state government is going VCE students in particular are required to show an review privacy implications for real estate agents’ positive reaction from the secondary school teachers to abolish this outdated law fills me with a greater understanding of the law reform process in their legal databases on tenants. present, as one respondent wrote: ‘Very informative. sense that the public, through institutions such as studies subject. Bring her back’. the law reform commission, can have confidence in It referred the health records matter back to the As well as its regular presentations at the Victorian the ideal that the law should reflect the changing Attorney-General for consideration as it was too large Partner from corporate legal firm Freehills, Kate Commercial Teachers Association annual conference needs and desires of the people. Well done.” for the commission to undertake alone, and it Jenkins, said Professor Neave’s presentation to and the Law Institute of Victoria’s Schools Lecture initiated a project with the Tenants Union of Victoria Freehills’ Workplace Privacy: Options Paper workshop The Workplace Privacy: Options Paper was also praised. Series, the commission held its own student activity: to draft recommendations to allow tenants to view had resulted in ‘overwhelmingly positive’ feedback University of Melbourne law lecturer Joo-Cheong Provoking Cinema. details about them held by real estate agents. The from attendees. Another presentation Professor Neave Tham wrote: The event, held at the Australian Centre for the commission plans to present these recommendations gave about the Defences to Homicide: Final Report “ …quick note to say what a fantastic piece of work Moving Image during Law Week 2005, was directed to government next year. was described by lawyer Harry Szmerling as ‘excellent, it is. Elegantly written, well researched and at VCE students studying law reform and in particular informative and thought-provoking’. Public Debate intelligently argued. Well done! I learnt a lot and the abolition of provocation: the partial defence to The commission has tried to foster public debate Close to half of the 90 participants at the What look forward to learning more…” murder. Commission chairperson Professor Marcia concerning the issues it is reviewing throughout the Women Want: Responding to Family Violence forum Neave spoke about the Defences to Homicide: Final The Australian Psychological Society complimented course of a project. Once a final report is handed to the on 26 November 2004 rated the event’s content, Report, and interspersed her talk with excerpts from the same authors for their ‘very professional government, however, debate tends to increase as the venue and organisation as good or excellent. the movie Adam’s Rib and the documentary Guns and consultative approach, attention to detail, and public has recommendations for reform to respond to. Roses. Both works deal with the topic of murder “ Thank you for a well-organised, stimulating end consideration of the matters raised.’ between intimate partners and were an ideal way to The Defences to Homicide: Final Report contributed to to the week and a much needed debate about show students the complexity of issues the public debate about the partial defence of provocation the issues.” commission had to consider when developing its and the offence of infanticide. Following are just “ It provided a great opportunity to share experiences recommendations. some of the letters to the editor, opinion columns, and ideas within a multi-disciplinary setting.” feature articles and events that picked up on the More than 150 students from 28 schools registered to themes in the commission’s report: Professor Paul Marcus from the William and Mary School attend the event and received copies of the > Letter to the Editor, The Age (8/12/04), Douglas Potter of Law in Virginia, USA, wrote to the commission commission’s Law Reform in Action booklet. about its Defences to Homicide Final Report: > Letter to the Editor, The Age (9/12/04), The booklet was developed specifically for legal Dr Patrick Kavanagh “ I just finished reading through the Victorian Law studies and law students to explain the processes the > Feature article, The Age (11/12/04), Julie Szego Reform Commission’s quite excellent report on commission goes through, from the moment it gets a homicide crimes and defenses. It contains very useful project’s terms of reference until it delivers its final > Opinion, The Sunday Age (20/11/04), Terry Lane discussions of a number of issues of particular recommendations to government. > Opinion, The Age (13/12/04), David Neal interest to me…Interesting stuff. Well done!” The booklet was designed and printed using a grant > Opinion, The Age (20/12/04), Professor Jenny Morgan from the Victorian Law Foundation and has also been > Law Week debate, Traralgon Courthouse posted to the commission’s website, where updates of > International Women’s Day Forum, Warrnambool, other projects will be added. Dr Jocelyn Scutt > Keynote speaker, Jesuit Social Services, Simon Overland
24 Victorian Law Reform Commission Annual Report 2004–05 25 Publications 3000 Community Outreach and Education The past year has been healthy for the commission’s 2500 2004–05 publications roster, with 10 papers and reports coming out. 2000
To make the commission’s work more accessible to a 1500 wider audience it published an outline of its Sexual 1000 Offences Final Report and Review of Family Violence Media Film Competition Laws Consultation Paper. 500 The commission’s public profile received a significant In an effort to encourage more Victorians to think Because the public interest in the ART and Adoption 0 boost in the past year from the release of its Sexual about law reform, the commission committed to reference was so strong, the commission decided to Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Offences: Final Report and Defences to Homicide: offering a $500 prize in the Shepparton Shorts film break its assisted reproductive technologies interim Website Visitors Final Report. competition for 2006. recommendations into a series of short Position Number of unique visitors to the VLRC website 2004–05 The reports were released at a time when pertinent The competition runs every March as part of the Papers, rather than publishing a large interim report. issues were being discussed publicly and as a result both Shepparton Festival and is open to anyone who A brochure outlining the commission’s activities and Website report launches received widespread media coverage. makes a movie of up to 10 minutes in length. how to make a submission was produced during the The commission is in the process of rewriting and year and translated into 11 commonly used languages. The release of the first position paper in the Assisted The Reform on Film prize will be awarded to the best reorganising its website
26 Victorian Law Reform Commission Annual Report 2004–05 27
Community Outreach and Education Speaking Engagements
Date Organisation Topic Speaker Date Organisation Topic Speaker 28 July 2004 Advocacy and Rights Centre, Bendigo Justice is a Powerful Word Judith Peirce 7 April 2005 Monash University Law Students Society Achieving Justice in Victoria Mary Polis 29 July 2004 Family Violence Network— Review of Family Violence Laws: Judith Peirce 8 April 2005 Australian Institute of Judicial Administration Review of Family Violence Laws Judith Peirce Sth Western Region, Colac Consultations & Challenges 28 April 2005 La Trobe University law students The law reform process: VLRC’s Marcia Neave 11 August 2004 ARC Special Research Centre for The Ethics of Law Reform Marcia Neave recommendations to assist victims Applied Philosophy and Public Ethics, University of Melbourne 30 April 2005 Australian Birth Defects Society Symposium From social issues to state regulation: Sonia Magri a historical overview of Australian and 1 September 2004 Big Brothers Big Sisters Australia Legal Issues in Relation to Volunteers Marcia Neave NZ responses to assisted reproduction 8 September 2004 Melbourne University criminology students Final Report on Sexual Offences Nicky Friedman 6 May 2005 NW Victims Assistance & Counselling Making the legal system more user friendly Marcia Neave Program for victims: VLRC’s recommendations on 17 September 2004 Home Truths Conference Final Report on Sexual Offences Nicky Friedman sexual assault and homicide 24 September 2004 Australian Retailers Association Victoria Workplace Privacy Marcia Neave 12 May 2005 University of Melbourne law students Independent, Innovative and Inclusive: Judith Peirce 4 October 2004 Welfare and Financial Counselling Diploma Law Reform and the Role of the VLRC Priya SaratChandran the Victorian Law Reform Commission students—Kangan Batman TAFE College, 15 May 2005 Southern Women’s Action Network Women and law reform Marcia Neave Broadmeadows 16 May 2005 Deakins, Law Institute of Victoria Social Justice Marcia Neave 6 October 2004 La Trobe University Law School Restorative Justice: Marcia Neave Young Lawyers Section When is it Appropriate? 18 May 2005 VCE students Provoking Cinema Marcia Neave 8 October 2004 Harmers Workplace Lawyers Workplace Privacy Marcia Neave 23 May 2005 Melbourne High School Respecting the Past; Creating the Future Marcia Neave 12 October 2004 Australian Council of Trade Unions Workplace Privacy Marcia Neave 2 June 2005 Magistrates’ Court training session Law Reform: Judith Peirce 9 November 2004 Victoria University legal administration Law Reform Priya SaratChandran Aren’t Things Bad Enough As They Are? students 3 June 2005 Victorian Greens forum Assisted Reproductive Technology Marcia Neave 10 November 2004 Australian Council of Trade Unions—NSW Workplace Privacy Options Paper Priya SaratChandran legal reforms 25 November 2004 Magistrates’ Court of Victoria Nature and Dynamics of Family Violence Judith Peirce 8 June 2005 Monash University social work Social Policy and Law Reform Judith Peirce & the Legal Process graduate students 3 December 2004 Victoria Legal Aid Conference Review of Family Violence Laws Judith Peirce 9 June 2005 Pride Joy and Law Reform forum Assisted Reproductive Technology Mary Polis 9 December 2004 Islamic Women’s Welfare Council of Victoria Immigrant Women and Law Reform Padma Raman legal reforms 1 February 2005 Zonta International My Work, Women and VLRC Projects Marcia Neave 9 February 2005 Australian Institute of Family Studies Family Violence and the Law: Putting Judith Peirce ‘Private’ Violence on the Public Agenda 1 March 2005 Department of Justice’s Girls 2 Government Law Reform: Judith Peirce Be Careful What You Wish For 8 March 2005 Warrnambool International Women’s Day Review of Family Violence Laws Judith Peirce partnership 11 March 2005 Ivanhoe Girls Grammar School Defences to Homicide Final Report Marcia Neave 16 March 2005 Clearswift Balancing Employer Liability and Marcia Neave Employees’ Rights: Legally Monitoring Internet Communication 21 March 2005 Law Institute of Victoria The VLRC: Processes and Projects Padma Raman Schools Lecture Series 21 March 2005 County Court Associates and others Courts in a Changing World Marcia Neave The audience at the What Women Want forum
28 Victorian Law Reform Commission Annual Report 2004–05 29
Disclosures Report of Operations
Industrial Relations “All of these projects have involved significant contributions As a statutory authority, the commission is required The commission enjoys a cooperative relationship to comply with a number of government Acts and with employee representative organisations, which from individual women and women’s services, from the public regulations. has been assisted by the appointment of an industrial submission process through to the membership of the relations liaison officer. Human Resource Management references’ advisory committees” The commission promotes the personal and No time was lost during the year through industrial professional development of its staff to achieve disputes or accidents. sustained improvements and create satisfying career Whistleblowers Cultural Diversity paths. The commission actively promotes safe work The Whistleblowers Protection Act 2001 encourages In accordance with the requirements outlined in the The experiences of women have been central to a practices, career development, balanced lifestyles and and facilitates disclosures of improper conduct by Premiers Circular 2003/3 the commission is required number of the commission’s references over the past a friendly non-discriminatory working environment. public officers and public bodies. For the 12 months to report on its responsiveness to the following year: the launch of the Sexual Offences: Final Report Staff Development and Training ending 30 June 2005, the commission did not receive Victorian community areas: and subsequent briefings and participation in a justice During 2004–05, the commission offered a wide any disclosures. > culturally and linguistically diverse (CALD) department project group; the Family Violence range of programs to equip staff with the knowledge communities; project; the Access to Assisted Reproductive Freedom of Information and skills required for their jobs. Staff members were Technology (ART) and Adoption project, and the The Freedom of Information Act 1982 allows the > Indigenous communities; encouraged to extend their professional skills through: launch of the Defences to Homicide: Final Report and public the right to access documents held by the > women; and briefings. All of these projects have involved > attendance at internal and external professional commission. For the 12 months ending 30 June 2005, > youth. significant contributions from individual women and development courses in business, finance, personal the commission did not receive any applications. women’s services, from the public submission process development and information technology; This requirement forms part of the whole-of- Compliance with the Building Act 1993 through to the membership of the references’ > attendance at relevant conferences; government performance reporting framework. In accordance with the requirements of the directions advisory committees. > executive and management training programs; and The commission’s approach is one of inclusiveness. In of the Minister for Finance, the annual report must Indigenous legal services have been consulted in the every reference we aim for broad consultation with > assistance to staff members undertaking include a statement about compliance with the initial phase of the review of the Bail Act, and will be the community and with groups which are typically undergraduate and postgraduate studies. building and maintenance of provisions of the Building kept involved in the project as it progresses. Act 1993 for publicly owned buildings controlled by marginalised or under consulted. Occupational Health and Safety The commission translated its Changing the Law the commission. However, the commission does not The Family Violence project has consulted with During 2004–05, there were no human and financial brochure into 11 community languages: Vietnamese, own or control any government buildings. representatives from CALD and Indigenous costs of occupational injury and illness. Many staff took Arabic, Mandarin, Cantonese, Greek, Italian, Turkish, communities, as well as setting up a disabilities advantage of the subsidised influenza immunisation Victorian Industry Participation Policy Spanish, Somali, Croatian and Macedonian. These advisory committee. Representatives from Indigenous, program organised by the Department of Justice. New In October 2003, the Victorian Parliament passed translations were posted on the website as PDFs and a women’s and children’s organisations sit on the staff received ergonomic assessments by qualified the Victorian Industry Participation Policy Act 2003 media release was sent to ethnic press and legal project’s general advisory committee. A one-day professionals and all staff participated in fire drill which requires public bodies and departments to services to alert people to their existence. evacuation exercises. report on the implementation of the Victorian Industry forum was held with Indigenous representatives in Participation Policy. Departments and public bodies June and two meetings with the African community The ART and Adoption project has consulted with are required to apply the policy in all tenders over were held in the first half of 2005. In November 2004, child welfare organisations and experts, and sought $3 million in metropolitan Melbourne and $1 million a one-day forum was held with the Victims Support the experiences of children born from donor in regional Victoria. Agency to which representatives from CALD, inseminations through direct consultation. Indigenous and women’s groups were invited. This does did not apply to the commission.
30 Victorian Law Reform Commission Annual Report 2004–05 31 Audit Committee Financial Statements Membership & Role
The following pages provide the Financial Statements The Audit Committee consists of the following The committee undertakes the oversight of: members: > financial performance and the financial reporting for the Victorian Law Reform Commission for the year Mark Zanatta, Chairperson process, including the annual financial statements; ended 30 June 2005. Paris Aristotle > the scope of work, performance and independence Jamie Gardner of internal audit; Hugh McPhee > the scope of work, independence and performance Dale Monk of the external auditor; (replaced Kevin Vo from 20 December 2005) > the operation and implementation of the risk management framework; Kathy Karlevski, as Chief Finance and Accounting Officer, attends meetings by standing invitation and > matters of accountability and internal control provides committee members with finance and affecting the operations of the commission; administrative support. > the effectiveness of management information systems and other systems of internal control; > the acceptability of and correct accounting treatment for and disclosure of significant transactions which are not part of the commission’s normal course of business; > the sign off of accounting policies; and > the commission’s process for monitoring compliance with laws and regulations and its own code of conduct and code of financial practice.
In performing its duties, the committee maintains an effective working relationship with the commission, management, and the internal and external auditors.
32 Victorian Law Reform Commission Annual Report 2004–05 33
Statement of Financial Performance Statement of Financial Position For the year ended 30 June 2005 As at 30 June 2005
2005 2004 2005 2004 Notes $ $ Notes $ $
REVENUE FROM ORDINARY ACTIVITIES CURRENT ASSETS Government Cash Assets 16 400 400 Grant—Department of Justice 935,868 868,893 Receivables 2, 17 670,667 473,846 Other Income—Legal Practice Board 1,510,000 1,380,720 Total Current Assets 671,067 474,246 Interest received on Trust Account funds 11,130 29,814 NON-CURRENT ASSETS 2,456,998 2,279,427 Property, Plant and Equipment 9 265,109 274,848 Receivables 2, 17 89,551 63,076 Total Non-Current Assets 354,660 337,924 EXPENSES FROM ORDINARY ACTIVITIES
Employee benefits 3(a) (1,544,007) (1,374,019) Total Assets 1,025,727 812,170 Printing, stationery and other expenses 4 (307,837) (242,868) Communication 5 (118,240) (100,740) CURRENT LIABILITIES Contractor and professional services 6 (120,512) (178,206) Payables 10, 17 87,117 67,112 Depreciation and amortisation 7 (76,052) (103,352) Interest bearing liability 11 3,156 0 Capital asset charge (17,520) (23,159) Provisions 3(b) 100,962 57,219 Other operating expenses 8 (172,054) (142,123) Total Current Liabilities 191,235 124,331 (2,356,222) (2,164,467) NON-CURRENT LIABILITIES Provisions 3(b) 89,551 63,076 RESULT FROM ORDINARY ACTIVITIES 100,776 114,960 Interest bearing liability 11 19,405 0
NET RESULT FOR THE REPORTING PERIOD 100,776 114,960 Total Non-Current Liabilities 108,956 63,076
Total Liabilities 300,191 187,407 TOTAL CHANGES IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS WITH THE VICTORIAN Net Assets 725,538 624,762 STATE GOVERNMENT IN ITS CAPACITY AS OWNER ON BEHALF OF THE CROWN 100,776 114,960 EQUITY Contributed Capital 12 474,484 474,484 Accumulated Surplus 12 251,054 150,278
The above statement of financial performance should be read in conjunction with the accompanying notes. Total Equity 725,538 624,762
Contingent liabilities and contingent assets 15 Commitments for expenditure 13
The above statement of financial position should be read in conjunction with the accompanying notes.
34 Victorian Law Reform Commission Annual Report 2004–05 35
Statement of Cashflows Notes to the Financial Statements For the year ended 30 June 2005 30 June 2005
2005 2004 1SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Notes $ $ This general-purpose financial report has been (b) Objectives and funding CASH FLOWS FROM OPERATING ACTIVITIES prepared on an accrual basis for the Victorian The Commission’s objectives are to provide the Law Reform Commission in accordance with the Attorney-General and Parliament with high Receipts from the Department of Justice 712,572 644,351 Financial Management Act 1994, Australian quality, timely, responsive and effective advice on Receipts from Other Entities 1,510,000 1,380,721 Accounting Standards, Statements of Accounting law reform which is independent of government Interest received 11,130 29,815 concepts and other authoritative pronouncements agencies and of the political process. of the Australian Accounting Standards Board Payments to Suppliers and Employees (2,189,304) (2,021,343) and Urgent Issues Group Consensus Views. The Commission is funded by accrual-based Net cash inflow from Operating Activities 16 44,398 33,544 grants from the Department of Justice for the It is prepared in accordance with the historical provision of outputs and amounts paid to it under cost convention. The accounting policies adopted Section 383(2) of the Legal Practice Act 1996. and the classification and presentation of items CASH FLOWS FROM INVESTING ACTIVITIES are consistent with those of the previous year, The grant amount includes funding for non- Payments for property, plant and equipment (67,435) (33,544) except where a change is required to comply discretionary items, such as capital asset charge, amortisation and depreciation. Receipts into Trust from sale of fixed assets 477 0 with an Australian accounting standard or Urgent Issues Group Consensus View, or an alternative (c) Output of the Commission Net cash (outflow) from Investing Activities (66,958) (33,544) accounting policy permitted by an Australian The Commission undertakes legal and empirical accounting standard is adopted to improve the research and provides policy advice to the relevance and reliability of the financial report. CASH FLOWS FROM FINANCING ACTIVITIES Victorian Government on law reform issues Where practicable, comparative amounts are referred to the Commission by the Attorney- Proceeds from borrowings 22,561 0 presented and classified in a basis consistent with General, undertakes research and makes the current year. Net cash inflow from Financing Activities 22,561 0 recommendations on minor law reform issues (a) Reporting Entity raised in community consultations or suggested The financial statements include both grant and by the judiciary, the legal profession or NET INCREASE (DECREASE) IN CASH HELD 00 trust fund activities which the Victorian Law community legal centres, and implements Cash at the beginning of the financial year 400 400 Reform Commission controls. proposals through new or amending legislation and administrative reform. Cash at end of the financial year 16 400 400 The Victorian Law Reform Commission was proclaimed on 6 April 2001. The entity was No separate output statement has been prepared as the Commission has only one output group Financing arrangements 11 incorporated under the Victorian Law Reform Commission Act 2000 Act No. 44/2000. The and the Statement of Financial Performance powers and function of the Commission are set effectively provides the relevant information.
The above statement of cash flows should be read in conjunction with the accompanying notes. out in section 4 of the Act. The Commission (d) Acquisitions of Assets reports directly to the Attorney-General on The cost method of accounting is used for all matters relating to references and reports to the acquisitions of assets. Cost is measured as the fair Deputy Secretary on all operational and value of the assets given up or liabilities under- administrative matters. taken at the date of acquisition plus incidental The Department of Justice administers but does costs directly attributable to acquisition. not control certain resources on behalf of the Assets acquired at no cost, or for nominal Victorian Law Reform Commission. It is consideration, are initially recognised at their fair accountable for the transactions involving certain value at the date of acquisition. resources, but does not have the discretion to deploy the resources for achievement of the Commission’s objectives.
36 Victorian Law Reform Commission Annual Report 2004–05 37
Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
(e) Revenue Recognition (g) Revaluations of non-current assets Revenue received by the Commission is required Subsequent to the initial recognition as assets, Where items of plant and equipment have future benefit to the consolidated entity. Each to be paid into either the Consolidated Fund or non-current physical assets, other than plant and separately identifiable components which are lease payment is allocated between the liability the Trust Fund. equipment, are measured at fair value. Plant and subject to regular replacement, those and finance charge. equipment are measured at cost. Revaluations are components are assigned useful lives distinct Revenue becomes controlled by the Commission Other operating lease payments are charged to made with sufficient regularity to ensure that the from the item of plant and equipment to which when it is granted by the Department of Justice. the statement of financial performance in the carrying amount of each asset does not differ they relate. Additionally, the amounts paid to it under Section periods in which they are incurred, as this materially from its fair value at the reporting date. 383(2) of the Legal Practice Act 1996 become (i) Leasehold improvements represents the pattern of benefits derived from controlled when the Commission deposit the Revaluation increments are credited directly to The cost of improvements to or on leasehold the leased assets. monies into the Trust Fund. the asset revaluation reserve, except that, to the properties is amortised over the unexpired period (k) Intangible assets and expenditure extent that an increment reverses a revaluation of the lease or the estimated useful life of the Amounts disclosed as revenues are, where carried forward decrement in respect of that class of asset improvement to the Commission, whichever is applicable, net of returns, allowances and duties Web site costs previously recognised as an expense in net result, the shorter. Leasehold improvements held at the and taxes. Revenue is recognised for the Costs in relation to web sites controlled by the the increment is recognised immediately as reporting date are being amortised over 6 years Commission as follows: Commission are charged as expenses in the revenue in the net result. from 6 April 2001. period in which they are incurred unless they Other revenue Revaluation decrements are recognised (j) Leased non-current assets relate to the acquisition of an asset, in which The Attorney-General directed the Commission immediately as expenses in the net result, except A distinction is made between finance leases case they are capitalised and amortised over their be allocated funds from the Law Reform and that, to the extent that a credit balance exists in which effectively transfer from the lessor to the period of expected benefit. Generally, costs in Research Account. These non public monies are the asset revaluation reserve in respect of the lessee substantially all the risks and benefits relation to feasibility studies during the planning held by the Legal Practice Board until they are same class of assets, they are debited directly to incident to ownership of leased non-current phase of a web site, and ongoing costs of deposited in the Victorian Law Reform the asset revaluation reserve. assets, and operating leases under which the maintenance during the operating phase are Commission's Trust account. lessor effectively retains substantially all such risks considered to be expenses. Revaluation increments and decrements are The Department of Treasury and Finance, in and benefits. offset against one another within a class of non- (l) Payables establishing the trust fund, stipulated “the trust current assets. Finance leases are capitalised. A lease asset and These amounts represent liabilities for goods and fund amounts and appropriation amounts must liability are established at the present value of services (excluding GST) provided to the be used equally to meet the operating and (h) Depreciation of property, plant & equipment minimum lease payments. Lease payments are Commission prior to the end of the financial year capital expenses of the VLRC i.e. the Depreciation is calculated on a straight line basis allocated between the principal component of and which are unpaid. The amounts are unsecured appropriation funds are not to be exhausted in to write off the net cost of each item over its the lease liability and the interest expense. The and are usually paid within 30 days of recognition. the first instance to allow the VLRC to expected useful life to the Commission. Estimates lease asset is amortised on a straight line basis accumulate investment income from Trust of the remaining useful lives of all assets are (m) Maintenance and repairs over 3 years from 24 February 2005. Funds.” The Department of Justice monitors the reviewed at least annually. The expected useful Plant of the Commission is required to be equal use of the trust funds and appropriation lives and depreciation rates for property, plant Incentives received on entering into operating overhauled on a regular basis. This is managed as amounts for operating and capital expenditure of and equipment have remained unchanged from leases are recognised as liabilities. Lease payments part of an ongoing major cyclical maintenance the Commission. the previous year. For the financial years ending are allocated between interest (calculated by program. The costs of this maintenance are 30 June 2005 and 30 June 2004, the expected applying the interest rate implicit in the lease to charged as expenses as incurred, except where (f) Receivables useful lives for the following assets are: the outstanding amount of the liability), rental they relate to the replacement of a component of All debtors are recognised at the amounts expense and reduction of the liability. an asset, in which case the costs are capitalised receivable as they are due for settlement at no Depreciation rates are as follows: and depreciated in accordance with notes 1(d) more than 30 days from the date of recognition. 2005 2004 The present value of future payments for surplus and (h). Other routine operating maintenance, leased space under non-cancellable operating Collectability of debtors is reviewed on an Computer Equipment 33% 33% repair costs and minor renewals are charged as leases is recognised as a liability, net of sub- ongoing basis. Debts which are known to be Plant and Equipment 10% 10% expenses as incurred. leasing revenue, in the period in which it is uncollectable are written off. A provision for Motor vehicle under finance lease 33% N/A determined that the leased space will be of no doubtful debts is raised where some doubt as to collection exists.
38 Victorian Law Reform Commission Annual Report 2004–05 39 Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
(n) Goods and services tax (iii) Superannuation (q) Capital asset charge (s) Rounding of amounts Revenues, expenses and assets are recognised net The amount charged to the statement of The capital asset charge is imposed by the Amounts in the financial report have been of GST except where the amount of GST incurred financial performance in respect of Department of Treasury and Finance and rounded to the nearest dollar. is not recoverable, in which case it is recognised superannuation represents the contributions represents the opportunity cost of capital (t) The impacts of adopting AASB equivalents as part of the cost of acquisition of an asset or made by the Commission to the superannuation invested in the non-current physical assets used to IASB Standards part of an item of expense. fund in respect of current Commission staff (see in the provision of outputs. The charge is For interim and annual reporting periods ending note 21). calculated on the carrying amount of non-current The Department of Justice manages the GST on or after 30 June 2004, AASB 1047 Disclosing physical assets (excluding declared road network transactions on behalf of the Commission and (iv) Termination benefits the Impacts of Adopting AASB Equivalents to controlled by VicRoads, National Parks, cultural the GST components of the Commission’s Liabilities for termination benefits are recognised International Financial Reporting Standards assets and the Whole of Government Motor receipts and/or payments are recognised in the when a detailed plan for the terminations has requires narrative disclosure of how the transition Vehicle finance lease). Department’s financial statements. been developed and a valid expectation has been process is being managed and an explanation of raised in those employees affected that the (r) Contributed capital the key differences in accounting policies that are (o) Employee benefits terminations will be carried out. The liabilities for Consistent with UIG Abstract 38 Contributions by expected to arise from the transition to AASB (i) Wages, salaries and annual leave termination benefits are recognised in other Owners Made to Wholly-Owned Public Sector equivalents to IASB pronouncements. Refer to Liabilities for wages and salaries, including non- creditors unless the amount or timing of the Entities appropriations for additions to net assets Note 22 for further details. monetary benefits, annual leave and payments is uncertain, in which case they are have been designated as contributed capital. accumulating sick leave expected to be settled recognised as a provision. Other transfers that are in the nature of within 12 months of the reporting date are contributions or distributions have also been recognised in respect of employees’ services up Liabilities for termination benefits expected to be designated as contributed capital. to the reporting date and are measured as the settled within 12 months are measured at the amounts expected to be paid when the liabilities amounts expected to be paid when they are are settled. Liabilities for non-accumulating sick settled. Amounts expected to be settled more leave are recognised when the leave is taken and than 12 months from the reporting date are 2005 2004 measured at the rates paid or payable. measured as the estimated cash outflows, $ $ discounted using interest rates on national (ii) Long service leave Government guaranteed securities with terms to The liability for long service leave expected to be 2 RECEIVABLES maturity that match as closely as possible, the settled within 12 months of the reporting date is Current estimated future cash outflows. recognised in the provision for employee benefits Amount owing from Department of Justice 670,667 461,370 and is measured in accordance with (i) above. (v) Employee benefit on-costs Other debtors 0 12,475 The liability for long service leave expected to be Employee benefit on-costs, including payroll tax, settled more than 12 months from the reporting are recognised and included in employee benefit 670,667 473,845 date is recognised in the provision for employee liabilities and costs when the employee benefits Non-current benefits and measured as the present value of to which they relate are recognised as liabilities. Amount owing from Department of Justice 89,551 63,076 expected future payments to be made in respect (p) Cash of services provided by employees up to the Total 760,218 536,921 For purposes of the statement of cash flows, cash reporting date. Consideration is given to includes cash on hand. expected future wage and salary levels, experience of employee departures and periods of service. Expected future payments are discounted using interest rates on national Government guaranteed securities with terms to maturity that match, as closely as possible, the estimated future cash outflows.
40 Victorian Law Reform Commission Annual Report 2004–05 41 Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ $ $
3 EMPLOYEE ENTITLEMENTS 4 PRINTING, STATIONERY & OTHER EXPENSES (a) Employee Costs Stationery, consumables and supplies 19,956 21,765 Direct costs External printing 152,778 107,004 Salaries, wages and overtime 1,222,047 1,041,724 Books, acts, newspapers, journals 17,548 9,643 Sick leave, annual leave and long service leave 128,284 149,902 Advertising 11,680 1,028 Superannuation (Refer Note 21) 74,747 64,476 Office equipment costs and maintenance 23,215 16,611 Total direct costs 1,425,078 1,256,102 Legal subscriptions 46,856 36,747 Related on-costs Tram, train and taxi fares and other local travel 6,944 8,544 Payroll tax 72,135 60,508 Airfares 16,887 13,153 Staff training 23,717 11,575 Functions, meetings 2,871 14,851 Staff training—Youth Employment Scheme 11,338 33,351 Accommodation and travel 9,102 11,356 Workcover 5,639 701 Fringe benefits tax 6,100 11,782 Total 307,837 240,703 Total related on-costs 118,929 117,917 5 COMMUNICATION Couriers 7,345 6,867 Total 1,544,007 1,374,019 Electronic communication charges 27,378 29,668
PROVISIONS Postage 32,297 11,976 Cabling, software and computer maintenance 51,220 58,982 (b) Provision for employee entitlements Provision for annual leave 91,011 50,211 Total 118,240 107,493 Provision for long service leave 99,502 36,011 6 CONTRACTOR & PROFESSIONAL SERVICES Total 190,513 86,222 Professional fees 108,405 159,958 Audit Fees 11,600 11,300 In the Statement of Financial Position, provision for employee entitlements is split between current and non-current as follows: Police/Hospital record searches 507 195 Current Liabilities Total 120,512 171,453 Annual leave 91,011 50,211 Long service leave 9,951 7,008 7 DEPRECIATION AND AMORTISATION 100,962 57,219 Depreciation Plant and equipment 22,245 39,775 Non-Current Liabilities Long service leave 89,551 63,076 Amortisation Leasehold fitout 53,807 63,577 Total 190,513 120,295 Total 76,052 103,352
42 Victorian Law Reform Commission Annual Report 2004–05 43
Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ $ $
8 OTHER OPERATING EXPENSES 10 PAYABLES Rent and associated services 157,815 128,918 Current Motor vehicle costs 4,309 6,154 Trade creditors and accruals 62,872 47,878 Electricity 5,268 5,202 Accrued salaries 21,378 15,460 Repairs and maintenance—furniture and fittings 4,018 1,690 Other creditors 2,867 3,774 Net loss on disposal of property, plant and equipment 644 159 Total 87,117 67,112
Total 172,054 142,123 11 INTEREST BEARING LIABILITY 9 FIXED ASSETS—AT COST Current—Secured Motor Vehicle Lease Liability [note 13(b)] 3,156 0 Leasehold improvements 381,388 381,388 3,156 0 Less accumulated amortisation (246,407) (193,429) Non Current—Secured Written down value 134,981 187,959 Motor Vehicle Lease Liability [note 13(b)] 19,405 0 19,405 0 Plant and equipment 178,611 199,149 Less accumulated depreciation (70,972) (112,260) Total 22,561 0 Written down value 107,639 86,889 12 EQUITY AND MOVEMENTS IN EQUITY
Motor vehicle under finance lease 23,319 0 Contributed capital Opening Balance at 1 July 474,484 474,484 Less accumulated amortisation (830) 0 Written down value 22,489 0 Balance 30 June 474,484 474,484 Accumulated surplus Total written down value 265,109 274,848 Accumulated surplus at the beginning of the financial year 150,278 35,319 Net result for the reporting period 100,775 114,960 Motor vehicle Leasehold Plant & under finance Accumulated surplus at the end of the financial year 251,053 150,278 Improvements Equipment Lease Total 2005 $ $ $ $ Carrying amount at the start of the financial year 187,959 86,888 0 274,847 Additions 0 44,116 23,319 67,435 Disposals 0 (1,121) 0 (1,121) Depreciation 0 (22,245) 0 (22,245) Amortisation (52,978) 0 (830) (53,808)
Carrying amount at the end of the financial year 134,981 107,638 22,489 265,108
44 Victorian Law Reform Commission Annual Report 2004–05 45 Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ $ $
13 COMMITMENTS FOR EXPENDITURE 14 EVENTS OCCURRING AFTER REPORTING DATE (a) Operating Leases There were no significant events occurring after the reporting date Commitments for minimum lease payments in relation to to be reported as at 30 June 2005 ($Nil–2004). non-cancellable operating leases are payable as follows: Within 1 year 138,338 143,736 15 CONTINGENT LIABILITIES AND CONTINGENT ASSETS Later than 1 year but not later than 5 years 104,879 277,796 There were neither contingent liabilities nor contingent assets Later than 5 years 0 0 at balance date not provided for in the Statement of Financial Position 243,217 421,532 as at 30 June 2005 ($Nil–2004). (b) Finance Leases Commitments in relation to finance leases are payable as follows: 16 RECONCILIATION OF RESULT FROM Within 1 year 4,530 0 ORDINARY ACTIVITIES TO NET CASH INFLOW Later than 1 year but not later than 5 years 21,291 0 FROM OPERATING ACTIVITIES Later than 5 years 0 0 Net result for the reporting period 100,775 114,960 Minimum lease payments 25,821 0 Plus/(minus) non cash items: Less: Future finance charges (3,260) 0 Depreciation and amortisation expense 76,052 103,352 Recognised as a liability 22,561 0 Loss on retirement of property, plant and equipment 644 159 Add: Lease incentives on non-cancellable Change in operating assets and liabilities: operating leases included in lease liabilities 0 0 (Increase)/decrease in receivables (223,296) (224,541) Total lease liabilities 22,561 0 Increase/(decrease) in creditors and accruals 14,087 (14,121) Increase/(decrease) in employee entitlements 76,135 53,735 Representing lease liabilities: Net cash inflow from operating activities 44,397 33,544 Current (note 11) 3,156 0 Non-current (note 11) 19,405 0 Reconciliation of cash 22,561 0 Cash on hand 400 400
(c) Capital Commitments Total 400 400 There were no commitments for capital expenditure as at 30 June 2005 ($Nil–2004).
46 Victorian Law Reform Commission Annual Report 2004–05 47 Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ $ $
17 FINANCIAL INSTRUMENTS 18 RESPONSIBLE PERSONS Credit risk exposures: Maximum exposures to credit risk at balance date in relation to each class of In accordance with the Ministerial Directions issued by the Minister for Finance under the Financial Management financial asset and liability is the carrying amount of those assets and liabilities Act 1994, the following disclosures are made regarding responsible persons for the reporting period. in the Balance Sheet. The carrying amount of these assets and liabilities Names approximate their fair value and are non-interest bearing. The persons who held the positions of Ministers and Accountable Officers in the Department are as follows: Interest Rate Risk Exposures—30 June 2005 Attorney-General The Hon. Rob Hulls, MP 1 July 2004 to 30 June 2005 Fixed Interest Rate Maturing in Acting Attorney-General The Hon. Bob Cameron, MP 20 June 2004 to 5 July 2004 Floating 1 Year Over More Non Total Interest or Less 1 to 5 than Interest The Hon. John Pandazopoulos, MP 6 July 2004 to 12 July 2004 Rate years 5 years Bearing The Hon. Bob Cameron, MP 7 August 2004 to 17 August 2004 $ $ $ $$$ The Hon. Bob Cameron, MP 25 September 2004 to 3 October 2004 The Hon. Bob Cameron, MP 3 November 2004 to 5 November 2004 Financial Assets The Hon. Bob Cameron, MP 8 January 2005 to 30 January 2005 Cash (note 16) – – – – 400 400 The Hon. Bob Cameron, MP 21 March 2005 to 1 April 2005 Receivables (note 2) – – – – 760,218 760,218 The Hon. John Pandazopoulos, MP 21 June 2005 to 26 June 2005 Total – – – – 760,618 760,618 The Hon. John Pandazopoulos, MP 30 June 2005
Financial Liabilities Secretary to the Penny Armytage 1 July 2004 to 30 June 2005 Payables (note 10) – – – – 65,439 88,000 Department of Justice Interest Bearing Acting Secretary to the David Cousins 28 July 2004 to 12 August 2004 Liabilities (note 11) – 3,156 19,405 – – – Department of Justice Roslyn Kelleher 5 January 2005 to 26 January 2005 Alan Clayton 12 June 2005 to 25 June 2005 Total – 3,156 19,405 – 65,439 88,000
The persons who were Responsible Persons of the Commission as stipulated in Section 19 of the Interest Rate Risk Exposures—30 June 2004 Victorian Law Reform Commission Act 2000, for the reporting period are as follows: Fixed Interest Rate Maturing in Chief Executive Officer Ms Padma Raman 1 July 2004 to 30 June 2005 Floating 1 Year Over More Non Total Interest or Less 1 to 5 than Interest Statutory Office Holder Rate years 5 years Bearing $$$$$$ Chairperson Professor Marcia Neave 1 July 2004 to 30 June 2005
Financial Assets Remuneration Cash (note 16) – – – – 400 400 Remuneration received or receivable by the Accountable Officer in connection with the management Receivables (note 2) – – – – 536,921 536,921 of the Department during the period is reported by the Department of Justice. Total – – – – 537,321 537,321 Remuneration received or receivable by the Chairperson in connection with the management of the Financial Liabilities Commission during the reporting period was in the range: Payables (note 10) – – – – 51,652 51,652 $180,000–$189,000 ($170,000–$179,999 in 2004). Total – – – – 51,652 51,652 Remuneration received or receivable by the Accountable Officer in connection with the management of the Commission during the reporting period was in the range:
The net fair value of Financial Assets and Financial Liabilities as at 30 June 2005 is their book value. $120,000–$129,000 ($100,000–$110,000 in 2004). Amounts relating to Ministers are reported in the financial statements of the Department of Premier and Cabinet.
48 Victorian Law Reform Commission Annual Report 2004–05 49
Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ 2005 2004
19 REMUNERATION OF EXECUTIVES 21 EMPLOYEE BENEFITS The number of executive officers, other than Ministers and Accountable Officers, and their total and Employee Numbers No. No. base remuneration during the reporting period are shown in the table below in their relevant income Average number of employees during the financial year 17.4 17.5 bands. Base remuneration is exclusive of bonus payments, long-service leave payments, redundancy payments and retirement benefits. As explained in notes 1(o)(ii) and (iii), the amounts for long service 2005 Remuneration 2004 Remuneration leave and superannuation are measured at their present values. Income Band Total No. Base No. Total No. Base No. The following assumptions were adopted in measuring present values: 120,000–129,999 – – – 1 (a) Long Service Leave 2005 2004 Total numbers 0 0 0 0 Weighted average rates of increase in annual employee Total amount $0 $0 $0 $0 entitlements to settlement of the liabilities 3.8% 4.5% Weighted average discount rates 5.15% 5.64% The definition of an executive officer does not include Governor-in-Council appointments as statutory Weighted average terms to settlement of the liabilities 13 years 13 years office holders. The Accountable Officer, unless the Minister otherwise determines, is the Chief Executive Officer as Government Employees' Superannuation Fund stipulated in the Financial Management Act 1994. No liability is recognised in the statement of financial position for the The table above does not show executives whose remuneration is below $100,000, nor does it include Commission's share of the State's unfunded superannuation liability. the Accountable Officer. The State's unfunded superannuation liability has been reflected in the financial statements of the Department of Treasury and Finance. 20 REMUNERATION OF AUDITORS However, superannuation contributions for the reporting period are included as part of salaries and associated costs in the statement of Audit Fees paid or payable to the Victorian Auditor-General's Office financial performance of the Commission. for the audit of the Victorian Law Reform Commission financial reports: The name and details of the major employee superannuation funds 2005 2004 and contributions made by the Commission are as follows: $ $ Fund $ $ Paid as at 30 June 2005 0 0 Victorian Superannuation Board (New Scheme) 59,530 53,800 Payable as at 30 June 2005 11,600 11,300 Asgard Capital Management Ltd 4,522 4,165 Unisuper 1,690 1,392 HESTA 1,645 1,546 Care Super Plan 6,015 3,506 LUCRF 1,345 68
Total 74,747 64,477
The bases for contributions are determined by the various schemes. All employees of the Commission are entitled to benefits on retirement, disability or death from the Government Employees' Superannuation Fund. This Fund provides defined lump sum benefits based on years of service and final average salary. The above amounts were measured as at 30 June of each year, or in the case of employer contributions they relate to the years ended 30 June.
50 Victorian Law Reform Commission Annual Report 2004–05 51 Notes to the Financial Statements Notes to the Financial Statements 30 June 2005 30 June 2005
2005 2004 2005 2004 $ $ $ $
22 IMPACTS OF ADOPTING AASB 1047 EQUIVALENTS TO IASB STANDARDS CERTIFICATION OF FINANCIAL STATEMENTS Following the adoption of Australian equivalents • AASB 132 Financial Instruments: Disclosure and We certify that the attached financial statements for the Victorian Law Reform Commission have been to International Financial Reporting Standards Presentation; prepared in accordance with Standing Direction 4.2 of the Financial Management Act 1994, applicable (A-IFRS), the Commission will report for the first • AASB 139 Financial Instruments: Recognition Financial Reporting Directions, Australian accounting standards and other mandatory professional reporting time in compliance with A-IFRS when results for and Measurement. requirements. the financial year ended 30 June 2006 are released. The comparative information for transactions We further state that, in our opinion, the information set out in the statement of financial performance, It should be noted that under A-IFRS, there are affected by these standards will be accounted for statement of financial position, statement of cash flows and notes to and forming part of the financial requirements that apply specifically to not-for- in accordance with existing accounting standards. statements, presents fairly the financial transactions during the year ended 30 June 2005 and financial profit entities that are not consistent with IFRS The Commission has taken the following steps in position of the Commission as at 30 June 2005. requirements. The Commission is established to managing the transition to A-IFRS and has We are not aware of any circumstance which would render any particulars included in the financial achieve the objectives of government in providing achieved the following scheduled milestones: statements to be misleading or inaccurate. services free of charge or at prices significantly • established a steering committee to oversee the below their cost of production for the collective transition to and implementation of the A-IFRS; consumption by the community, which is • established an A-IFRS project team to review incompatible with generating profit as a principal the new accounting standards to identify key objective. Consequently, where appropriate, the issues and the likely impacts resulting from the Commission applies those paragraphs in adoption of A-IFRS and any relevant Financial Professor Marcia Neave accounting standards applicable to not-for-profit Reporting Directions as issued by the Minister Victorian Law Reform Commissioner entities. for Finance; Melbourne An A-IFRS compliant financial report will comprise • participated in an education and training a new statement of changes in equity in addition process to raise awareness of the changes in 14 September 2005 to the three existing financial statements, which reporting requirements and the processes to be will all be renamed. The Statement of Financial undertaken; and Performance will be renamed as the Operating • initiated reconfiguration and testing of user Statement, the Statement of Financial Position will systems and processes to meet new revert to its previous title as the Balance Sheet and requirements. Padma Raman the Statement of Cash Flows will be simplified as This financial report has been prepared in Accountable Officer the Cash Flow Statement. However, for the accordance with current Australian accounting Melbourne purpose of disclosing the impact of adopting standards and other financial reporting 14 September 2005 A-IFRS in the 2004-05 financial report, which is requirements (Australian GAAP). The Commission prepared under existing accounting standards, has not, to date, identified any differences existing titles and terminologies will be retained. between Australian GAAP and A-IFRS which are With certain exceptions, an entity that has expected to have a material impact on the adopted A-IFRS must record transactions that are financial position and financial performance reported in the financial report as though A-IFRS following the adoption of A-IFRS. Kathy Karlevski Chief Finance and Accounting Officer had always applied. This requirement also extends This view may change as a result of: to any comparative information included within a) change in facts and circumstances; Melbourne the financial report. Most accounting policy b) on-going work being undertaken by the 14 September 2005 adjustments to apply A-IFRS retrospectively will be A-IFRS project team; made against accumulated funds at the 1 July c) potential amendments to A-IFRS and 2004 opening balance sheet date for the Interpretations; and comparative period. The exceptions include d) emerging accepted practice in the deferral until 1 July 2005 of the application and interpretation and application of A-IFRS adjustments for: and UIG Interpretations.
52 Victorian Law Reform Commission Annual Report 2004–05 53 Independent Audit Report Appendix One Disclosure Index
2005 2004 2005 2004 $ $ $ $
TO THE MEMBERS OF THE PARLIAMENT OF VICTORIA AND MEMBERS OF THE The Annual Report of the Victorian Law Reform Commission is prepared in accordance with all relevant VICTORIAN LAW REFORM COMMISSION Victorian Legislation. This index has been prepared to facilitate identification of the Commission’s compliance with statutory disclosure requirements. Scope The Financial Report These procedures have been undertaken to form MINISTERIAL DIRECTIONS The accompanying financial report for the year ended an opinion as to whether the financial report is Legislation Requirement Page 30 June 2005 of the Victorian Law Reform presented in all material respects fairly in accordance Commission consists of the statement of financial with Accounting Standards and other mandatory Report of Operations performance, statement of financial position, professional reporting requirements in Australia, and Charter and purpose statement of cash flows, notes to and forming part of the financial reporting requirements of the Financial FRD 22 Manner of establishment and Ministers - the financial report, and the supporting declaration. Management Act 1994, so as to present a view FRD 22 Objectives, functions, powers and duties x Members’ Responsibility which is consistent with my understanding of the FRD 22 Nature and range of services provided x Commission's financial position, and its financial The Members of the Victorian Law Reform Management and structure Commission are responsible for: performance and cash flows. FRD 22 Organisational structure 11 • the preparation and presentation of the financial The audit opinion expressed in this report has been report and the information it contains, including formed on the above basis. Financial and other information accounting policies and accounting estimates Independence FRD 22 Statement of workforce data and merit and equity x • the maintenance of adequate accounting records FRD 22 Summary of the financial results for the year 34–36 The Auditor-General’s independence is established and internal controls that are designed to record FRD 22 Significant changes in financial position during the year 34 by the Constitution Act 1975. The Auditor-General is the Commission's transactions and affairs, and FRD 22 Operational and budgetary objectives and performance against objectives x not subject to direction by any person about the way prevent and detect fraud and errors. FRD 22 Major changes or factors affecting achievement x in which his powers are to be exercised. The Auditor- FRD 22 Subsequent events x Audit Approach General and his staff and delegates comply with all FRD 22 Application and operation of Freedom of Information Act 1982 x As required by the Audit Act 1994, an independent applicable independence requirements of the FRD 22 Compliance with building and maintenance provisions of Building Act 1993 x audit has been carried out in order to express an Australian accounting profession. opinion on the financial report, The audit has been FRD 22 Statement on National Competition Policy x Audit Opinion conducted in accordance with Australian Auditing FRD 22 Application and operation of the Whistleblowers Protection Act 2001 x Standards to provide reasonable assurance as to In my opinion, the financial report presents fairly in FRD 22 Details of consultancies over $100,000 x whether the financial report is free of material accordance with applicable Accounting Standards and FRD 22 Details of consultancies under $100,000 x misstatement. other mandatory professional reporting requirements FRD 12 Disclosure of major contracts x in Australia, and the financial reporting requirements FRD 22 Statement of availability of other information x The audit procedures included: of the Financial Management Act 1994, the financial FRD 22 Occupational Health and Safety x • examining information on a test basis to provide position of the Victorian Law Reform Commission as FRD 15 Executive officer disclosures 50 evidence supporting the amounts and disclosures at 30 June 2005 and its financial performance and FRD 10 Disclosure index 55 in the financial report cashflows for the year then ended. FRD 24 Reporting of office-based environmental impacts x • assessing the appropriateness of the accounting FRD 25 Victorian Industry Participation Policy disclosures x policies and disclosures used, and the FRD 8 Budget portfolio outcomes 57 reasonableness of significant accounting estimates made by the Members • obtaining written confirmation regarding the material representations made in conjunction with J W Cameron the audit Auditor General • reviewing the overall presentation of information in Melbourne the financial report. 16 September 2004
54 Victorian Law Reform Commission Annual Report 2004–05 55 Appendix One Appendix Two Disclosure Index Budget Portfolio Outcomes
2005 2004 Legislation Requirement Page $ $
Financial Statements The Budget Portfolio Outcomes provides a comparison between the actual financial statements of the entity and Financial statements required under Part 7 of the FMA the forecasted financial information published in the Budget Papers. The Budget Portfolio Outcomes comprises of SD 4.2(c) Compliance with Australian accounting standards and the statements for financial performance, position and cash flows. other authoritative pronouncements 37 The following table provides information for the current and previous three financial years. In 2001, the first year SD 4.2(c) Compliance with Ministerial Directions 37 of the Commission’s establishment, the budget was included in the Department of Justice’s budget in 2001. SD 4.2(d) Rounding of amounts 41 The following Budget Portfolio Outcomes statements are not subject to audit by the Victorian Auditor-General’s Office SD 4.2(c) Accountable officer’s declaration 53 SD 4.2(f) Model Financial Report – FINANCIAL REVIEW OF OPERATIONS AND FINANCIAL CONDITION SD 4.2(b) Statement of financial performance 34 2004 2004 2003 2002 2001 SD 4.2(b) Statement of financial position 35 Five year financial summary $ $$$$ SD 4.2(b) Statement of cash flows during the year 36 Target Budget 2,100,0002 2,300,0001 2,400,000 2,300,000 0 Other disclosures in notes to the financial statements Expected Outcome 2,700,000 2,400,000 2,400,000 2,100,000 0 FRD 9 Departmental disclosure of administered assets and liabilities – Actual FRD 11 Disclosure of ex-gratia payments – Grant from Department of Justice 935,868 868,893 821,327 928,300 404,000 FRD 13 Disclosure of parliamentary appropriations – Resources received free of charge 0 0 0 0 451,012 FRD 21 Responsible person and executive officer disclosures 49 Other revenue 1,510,000 1,380,720 1,000,000 950,000 0 Interest received on Trust Account funds 11,130 29,814 14,301 0 0 FRD 23 Superannuation liabilities and disclosure 51 Total revenue 2,456,998 2,279,427 1,835,628 1,878,300 855,012 Net result from operating activities 100,776 114,960 (214,492) 249,810 440,254 Legislation Net cash flow from operating activities 44,398 33,544 5,762 75,797 33,275 Freedom of Information Act 1982 x Total assets 1,025,727 812,171 657,595 895,795 503,474 Building Act 1983 x Total liabilities 300,190 187,407 147,793 171,501 63,220 Whistleblowers Protection Act 2001 x Victorian Industry Participation Act 2003 x In the financial year ending June 2005, the Commission’s result from ordinary activities was significantly affected by the retraction of funding provided for non-discretionary expenses such as depreciation and capital asset charge.
Output appropriation revenue provides the Commission with the necessary funds to meet its operational obligations. This revenue does not include an amount equivalent to the depreciation expense. Therefore, the net result reported by the Commission reflects the full cost of operations which is inclusive of usage of previously acquired physical assets but for which no funding is required in the reporting year. The operating result doesn’t reflect any over run of budget or any deficit of cash. In the financial year ending June 2004, the Commission’s result from ordinary activities was affected by the retraction of the EBA supplementation funding, provided pursuant to Section 3(2) FMA94. The VLRC's annual output appropriation funding, which provides the Commission with the necessary funds to meet its operational obligations, is appropriated as a specific ‘line item’ in the Appropriation Bill. Due to a technicality, the EBA supplementation funding was provided to DoJ and not to the VLRC and the end result is that part of the funding is in the Department's output appropriation. As there is no legal basis on which to exceed the separate VLRC appropriation amount, the Commission was required to self fund the pay rise resulting from the Enterprise Bargaining Agreement 2004 negotiations. For explanations of variations in earlier years please refer to the appropriate Annual Report. 2 Department of Treasury and Finance: Department of Justice Budget Estimates (BP3) 2004-05, 161
56 Victorian Law Reform Commission Annual Report 2004–05 57 Other VLRC Publications
> Disputes Between Co-owners: Discussion Paper > Sexual Offences: Interim Report (June 2003) (June 2001) > Defences to Homicide: Options Paper > Privacy Law: Options for Reform—Information Paper (September 2003) (July 2001) > People with Intellectual Disabilities at Risk: A Legal > Sexual Offences: Law and Procedure— Framework for Compulsory Care (November 2003) Discussion Paper (September 2001) > Assisted Reproductive Technology & Adoption: (Outline also available) Should the Current Eligibility Criteria in Victoria be > Failure to Appear in Court in Response to Bail: Changed? Consultation Paper (December 2003) Draft Recommendation Paper (January 2002) > People with Intellectual Disabilities at Risk: A Legal > Disputes Between Co-owners: Report Framework for Compulsory Care: Report in Easy (March 2002) English (July 2004)
> Criminal Liability for Workplace Death and Serious > Sexual Offences: Final Report (August 2004) Injury in the Public Sector: Report (May 2002) > The Convention on the Rights of the Child: > Failure to Appear in Court in Response to Bail: The Rights and Best Interests of Children Conceived Report (June 2002) Through Assisted Reproduction: Occasional Paper by John Tobin (September 2004) > People with Intellectual Disabilities at Risk— A Legal Framework for Compulsory Care: > A.R.T., Surrogacy and Legal Parentage: Discussion Paper (June 2002) A Comparative Legislative Review: Occasional Paper by Adjunct Professor John Seymour and > What Should the Law Say About People with Ms Sonia Magri (September 2004) Intellectual Disabilities Who are at Risk of Hurting Themselves or Other People? Discussion Paper in > Outcomes of Children Born of A.R.T. in a Diverse Easy English (June 2002) Range of Families by Dr Ruth McNair (September 2004) > Defences to Homicide: Issues Paper (June 2002) > Workplace Privacy: Options Paper (September 2004) > Who Kills Whom and Why: Looking Beyond Legal Categories by Associate Professor Jenny Morgan > Defences to Homicide: Final Report (October 2004) (June 2002) > Review of Family Violence Laws: Consultation Paper > Workplace Privacy: Issues Paper (October 2002) (November 2004)
> Defining Privacy: Occasional Paper (October 2002) > Review of the Laws of Evidence: Information Paper (February 2005)
> Assisted Reproductive Technology Position Paper One: Access (May 2005)
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