Annual REPORT 2007–08 Australian Law Reform Commission
Report 109 © Commonwealth of Australia 2008
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Commission Reference: ALRC 109
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Printed in Australia by Paragon Group EmeritusProfessor Prof David David Weisbrot Weisbrot AM AM Professor David Weisbrot AM President President President
The Honourable Robert McClelland MP The Honourable Philip Ruddock MP TheAttorney-General Honourable Philip Ruddock MP Attorney-General Attorney-GeneralParliament House Parliament House ParliamentCanberra House ACT 2600 Canberra ACT 2600 Canberra ACT 2600
19 October3 October 2007 2008 19 October 2007
Dear Attorney-General Dear Attorney-General
Dear Attorney-General
On behalf of the members of the Australian Law Reform Commission, I am pleased to present the On behalf of the members of the Australian Law Reform Commission, I am pleased to present the Annual Report of the Australian Law Reform Commission for the period 1 July 2006 to 30 June Annual Report of the Australian Law Reform Commission for the period 1 July 2006 to 30 June 2007. 2007.On behalf of the members of the Australian Law Reform Commission, I am
pleased to present the Commission’s Annual Report for the period 1 July 2007 to This report has been prepared in accordance with the Commonwealth Authorities and Companies This report has been prepared in accordance with the Commonwealth Authorities and Companies Act 199730 June (Cth), 2008.the Commonwealth Authorities and Companies (Report of Operations) Orders 2005 Act 1997 (Cth), the Commonwealth Authorities and Companies (Report of Operations) Orders 2005 and the Commonwealth Authorities and Companies Orders (Financial Statements for reporting and the Commonwealth Authorities and Companies Orders (Financial Statements for reporting periodsThis ending report on hasor after been 1 July prepared 2006). in accordance with the Commonwealth Authorities periods ending on or after 1 July 2006). and Companies Act 1997 (Cth), the Commonwealth Authorities and Companies
(Report of Operations) Orders 2005 and the Commonwealth Authorities and Yours sincerely YoursCompanies sincerely Orders (Financial Statements for reporting periods ending on or after
1 July 2007).
Yours sincerely
Australian Law Reform Commission LevelA 25,ustralian 135 King Law Street Reform Commission Tel (+61-2) 8238 6333 SydneyLevel NSW 25, 1352000 King Street Fax (+61-2) Tel (+61-2) 8238 8238 6363 6333 Sydney NSW 2000 TTY (+61-2) Fax (+61-2) 8238 8238 6379 6363 TTY (+61-2) 8238 6379 Postal Address: Postal Address: GPO Box 3708 Web www.alrc.gov.au SydneyGPO NSW Box 20013708 Australia Email info@alrc. Web www.alrc.gov.augov.au Sydney NSW 2001 Australia Email [email protected] Contents
Full-time Commissioners: Professor Les McCrimmon, Emeritus Professor David Weisbrot AM and Professor Rosalind Croucher 2007–08 Contents
2 Highlights of 2007–08 73 Corporate Management
4 Comments from the President 80 Feature: ALRC Internships
10 Guide to the Report 84 Summary of Financial Performance Corporate overview 84 Other Reporting Requirements 13 Role and Functions of the ALRC Financial statements 13 ALRC Organisational Structure 91 Financial Statements
14 Membership Appendices
18 Feature: Justice Susan Kiefel 119 A. Corporate Plan
19 Significant Events 122 B. Key Supporting Policies and Documents 20 Collaboration and Cooperation 123 C. Terms of Reference 2007–08 22 Feature: Solomon Islands Law Reform Commission 126 D. Advisory Committee Members and Consultants Report on operations 129 E. Implementation Activity 29 Outcome and Outputs 2007–08 Structure 133 F. Implementation Status of 30 Outcomes Report ALRC Reports
46 Outputs Report 147 G. Public Presentations and Contributions to Newspapers 58 Feature: Australian Academy and Journals of Law 154 H. Citations of ALRC Reports Corporate governance in major court decisions 65 Corporate Governance Glossary and index Contents Framework l
158 Glossary 66 Statement of Governance 163 Compliance Index 72 Corporate Planning 164 Alphabetical Index 72 External Scrutiny and Controls Annual Report 2007–08 Annual Report 1
2007-08 Annual Report.indd Sec1:1 18/09/2008 3:54:06 PM Highlights of 2007–08
Membership
ÌÌ The ALRC farewelled part-time Commissioner Justice Susan Kiefel. Justice Kiefel resigned with effect from 3 September 2007, following her appointment to the High Court of Australia.
ÌÌ The Hon Justice Berna Collier of the Federal Court of Australia was appointed a part- time Commissioner of the ALRC for a term of three years, commencing on 2 October 2007.
ÌÌ Professor Les McCrimmon, a full-time Commissioner since January 2005, was re-appointed until 30 June 2009.
Significant Events
ÌÌ The ALRC completed two major inquiries— the Client Legal Privilege Inquiry (a review of Legal Professional Privilege in federal investigations) and the Privacy Inquiry (a review of the Privacy Act 1988 (Cth)). The Privacy Inquiry involved the largest community consultation effort in the ALRC’s 33-year history.
ÌÌ On 17 July 2007, the ALRC facilitated the launch of the Australian Academy of Law. The launch was held at Government House in Brisbane with addresses by Her Excellency, Ms Quentin Bryce AC, Governor of Queensland; the Hon Philip Ruddock, MP, Attorney-General; the Hon Chief Justice Murray Gleeson AC; and Emeritus Professor David Weisbrot AM, ALRC President.
ÌÌ On 24 September 2007, the Attorney-General signed terms of reference for a review of the Freedom of Information Act 1982 (Cth), with a reporting date of 31 December 2008.
ÌÌ The ALRC hosted the Chief Executive Officer and senior legal officers from the Solomon Islands Law Reform Commission in November 2007 for a program of training on the ALRC’s structure, operations and inquiry process.
2 Highlights of 2007–08
Publications
Corporate publications
ÌÌ The Annual Report 2006–07 (ALRC 106), was tabled in the Senate on 20 November 2007 and tabled in the House of Representatives on 13 February 2008.
ÌÌ Issue 90 of the ALRC’s journal Reform, ‘Juries’, was published in July 2007.
ÌÌ Issue 91 of the ALRC’s journal Reform, ‘Animals’, was published in February 2008.
Privacy Inquiry
ÌÌ Discussion Paper 72, Review of Australian Privacy Law, was released on 12 September 2007.
ÌÌ Discussion Paper 72 Overview, Review of Australian Privacy Law: An Overview was released on 12 September 2007.
ÌÌ Final Report 108, For Your Information: Australian Privacy Law and Practice, was transmitted to the Attorney-General on 30 May 2008.
Client Legal Privilege Inquiry
ÌÌ Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies, was released on 26 September 2007.
ÌÌ Final Report 107, Privilege in Perspective: Client Legal Privilege in Federal Investigations, was tabled in the Australian Parliament on 13 February 2008. Highlights
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Annual Report 2007–08 3 Comments from . . .
. . . the President 2007–08 Although projects are directed to the was tabled in Parliament on 13 February Australian Law Reform Commission 2008. (ALRC) one-by-one, through written Terms of Reference by the Commonwealth The precipitating factor for establishment Attorney-General of the day, it is possible of this Inquiry was the controversy over to discern both a number of consistent privilege claims made in the course of the features and some changing patterns over Cole Royal Commission into the possible the ALRC’s 33-year history. breaches of the UN’s Oil for Food program in Iraq by the Australian Wheat As identified in last year’s Annual Report, Board (AWB), during which the AWB major inquiries have tended to be maintained—unsuccessfully, as it turned propelled by one of several factors: out—that a host of documents should be protected from production based on client old laws requiring review and legal privilege. Similar issues had arisen in modernisation; developments in other recent royal commissions of inquiry, science and technology; and changing including those in connection with the social and political circumstances or disastrous collapse of the insurer HIH and attitudes. Further, our federal system compensation claims by asbestos victims may have many advantages in terms made against the James Hardie group of of dispersal of power and localising companies. responsibility for service delivery, but simplicity is certainly not among Commissioner Cole’s final report noted them—consequently, there is a regular the tension between the public interest need for law reform exercises aimed at in discovery of the truth—the prime harmonisation of laws to provide clarity function of a royal commission—and the and remove unnecessary complexity.1 fundamental common law right (as the High Court of Australia recognised in the The ALRC’s work program in 2007–08 Daniels case) of persons to communicate reflects this experience, with the with their lawyers and obtain legal advice Commission engaged in reviews of: under conditions of confidentiality. (a) legal professional privilege in the course of federal investigations and Apart from royal commissions of inquiry royal commissions; (b) Australian privacy that may be established from time to laws and practices; and (c) freedom of time under the Royal Commissions information laws. Act 1902 (Cth), the number of federal Client legal privilege bodies with coercive information-
gathering powers has grown significantly Comments the from President The ALRC’s review of legal professional in recent decades. During the course l
privilege—or more accurately ‘client of this Inquiry, the ALRC identified legal privilege’—in the course of federal 41 different federal bodies granted investigations and royal commissions, coercive investigatory powers by statute, concluded with the publication of Privilege including: traditional law enforcement in Perspective: Client Legal Privilege in bodies, such as the Australian Federal Federal Investigations (ALRC 107), which Police; bodies concerned with taxation Annual Report 2007–08 2007–08 5 and the administration of public funds, recommendations contained in Privacy such as the Australian Taxation Office (ALRC 22, 1983)—completed after a and Centrelink; corporate and financial seven-year research and policy regulators, such as the Australian development exercise—led to the Privacy Securities and Investments Commission Act 1988 (Cth), enacted in partial fulfilment and the Australian Competition and of Australia’s international obligations Consumer Commission; and regulators under the International Covenant on Civil with a focus on a specific industry, such and Political Rights, which recognises a as the Australian Fisheries Management basic human right to privacy premised on Authority. the autonomy and dignity of the individual.
The central task for the ALRC was to The ALRC’s 1983 report not only led develop a sensible and workable balance to the current domestic legislation but between facilitating investigations also strongly influenced international by federal regulators and royal developments, with the then head of the commissioners—particularly where claims ALRC, Justice Michael Kirby, chairing of privilege may be used primarily as the key OECD committees on Privacy a tactic to frustrate investigations and Principles and on Data Security. Justice prolong litigation—and protecting the Kirby’s immense contributions to this strong public interest in clients being able field were recognised recently with the to communicate with their lawyers in a award of an inaugural Australian Privacy completely candid manner in order to get Medal. In presenting the Medal, the proper legal advice. Cabinet Secretary and Special Minister of State, the Hon Senator John Faulkner The key recommendations emerging from and Privacy Commissioner Karen Curtis the final report include: (a) the enactment noted that Justice Kirby had pioneered the of a statute of general application to privacy principles now used in ‘most of cover aspects of the law and procedure the developed nations in the world’. governing client legal privilege claims in federal investigations; (b) the setting out The implications of developing technology of procedures with respect to the making were certainly not lost on the Commission and resolution of client legal privilege in 1983—and the ALRC was surprisingly claims; and (c) the extension of privilege, prescient in its understanding of emerging in defined circumstances, to include tax computer power and the associated advice. privacy concerns. However, the now ubiquitous use of personal computers, Privacy laws and practices mobile phones, digital cameras, email, the The major review of Australian privacy law internet and a host of other technological and practice dominated the ALRC’s work developments—while not quite in the program, attention and resources during realm of science fiction in the 1980s— this reporting period. was yet to have such a comprehensive and powerful impact on the daily lives The Inquiry represented the ALRC’s of Australians. Individuals were then second major foray into this area. The without the benefits and convenience of 6 internet banking, e-commerce and social McClelland MP, wrote to the ALRC networking sites (such as MySpace and revoking the Terms of Reference for the Facebook)—but likewise were free from FOI Inquiry and indicated that the Labor the perils of spam, hacking, spyware, Government intended to proceed with the ‘phishing’ and identity theft. reforms to FOI laws announced during the election campaign—which largely The sheer breadth of the subject matter flow from the ALRC‘s earlier report, Open covered in this latest Privacy Inquiry Government (ALRC 77 1995). required the ALRC to undertake the largest community consultation exercise The Attorney’s letter indicated that the in its history. The ALRC hosted hundreds ALRC could play a more useful role in of meetings and received 585 written reviewing FOI ‘after the Government’s submissions from a broad cross- reforms have been implemented and section of individuals, organisations and operating for a reasonable period of time’. agencies, which helped the ALRC in developing its priorities and determining Community engagement the ultimate reform agenda. The ALRC goes to great lengths to engage the community in its law reform The ALRC completed the Inquiry and work, following the advice of Justice presented its report to the Attorney- Kirby, the founding Chair, that ‘law reform General in CD-ROM format by the is far too important to be left to the (amended) reporting date of 30 May 2008. experts’. The Privacy Inquiry involved the The 2,700 page Final Report, For Your largest and most comprehensive public Information: Australian Privacy Law and consultation exercise in the ALRC’s Practice (ALRC 108, 2008), was published history. in three volumes, and contains 295 While the bulk of the ALRC’s energies recommendations for reform. The report and budget resources are devoted to was tabled in Parliament and formally the formal inquiries referred to us by launched in Sydney on 11 August 2008— the Attorney-General, the ALRC has in the next reporting period—by Senator also taken seriously its responsibility to Faulkner and the Attorney-General, the stimulate informed community debate Hon Robert McClelland MP. about legal matters of public importance. Freedom of Information Inquiry Commissioners are kept busy on the On 24 September 2007, the ALRC Australian lecture circuit, and the ALRC’s
received Terms of Reference from the bi-annual journal Reform provides the Comments the from President
then Attorney-General of Australia, the primary opportunity to fulfil this community l Hon Philip Ruddock MP, to inquire into education role. Freedom of Information (FOI) laws and practices across Australia. Two months In 2007–08, the ALRC published Issue later the federal election led to a change No 90 on ‘Juries’, which fed strongly into in Government. On 21 July 2008, the contemporary debates about the nature new Attorney-General, the Hon Robert and role of the modern jury system; and Annual Report 2007–08 7 Issue No 91 on ‘Animals’, which makes 2 October 2007, replacing Justice Kiefel. a useful contribution to discussion on animal rights in providing a range of As sitting judges, our part-time perspectives and experiences from Commissioners receive no remuneration Australia and overseas, including legal for their substantial work on behalf of the experts and animal rights activists as well ALRC. as agricultural industry figures. The exceptional output of the ALRC Another key contribution made this year documented in this Annual Report is by the ALRC to the development of the result of the diligent work of ALRC Australia’s legal system was to foster Commissioners and staff—and I want to and facilitate the foundation of Australia’s take this opportunity to thank all of them newest learned academy, the Australian for their dedication and commitment to Academy of Law. The Academy was the ongoing work of the Commission. formally launched in 17 July 2007 at I am often struck by the perception Government House, Brisbane, with in the Australian community and speeches from Her Excellency the overseas that the ALRC is a much Governor Quentin Bryce AC, a Foundation larger body than it actually is. With a Fellow of the Academy; Chief Justice relatively modest budget and staffing Murray Gleeson AC, the Foundation complement, the ALRC—like the heroine Patron of the Academy; the then Attorney- of a play by Tennessee Williams—has General, the Hon Philip Ruddock MP; and ‘always depended on the kindness of myself (also a Foundation Fellow). strangers’, generating and harnessing an The day-to-day carriage of the work of extraordinary volunteer effort in the course the ALRC necessarily falls to the full-time of its work, to supplement our in-house Commissioners and staff. However, the resources. Commission has long been blessed with It is now standard operating procedure exceptional assistance from part-time for the ALRC to establish a broad- Commissioners. In 2007–08, Justices based, expert Advisory Committee to Susan Kenny and Robert French of the assist with the development of each of Federal Court of Australia continued their its inquiries. These committees have outstanding service to the ALRC. particular value in helping to maintain a On 13 August 2007, the Attorney-General clear focus and determine priorities, as announced the appointment to the High well as in providing quality assurance in Court of Australia of one of our part-time the research and consultation effort, and Commissioners, Justice Susan Kiefel—a commenting upon the practicability of matter featured elsewhere in this Annual reform proposals. Report. The ALRC seeks to involve acknowledged Justice Berna Collier of the Federal Court leaders in their respective fields—already was appointed a part-time Commissioner busy people, whom the Commission of the ALRC for a term of three years on could not possibly afford to pay what they are worth or could easily command as 8 consultants in the private market. And yet, virtually all such invitations are accepted and all work is performed on a pro bono basis.
Similarly, the ALRC operates a highly sought-after voluntary internship program for senior law students from Australia (including many from inter state) and overseas, with interns serving on inquiry teams and providing valuable research.
Finally, the extensive community participation in the ALRC’s work—whether through attendance at a public forum, consultation meeting, industry roundtable or by the lodging of a written submission—makes an immense contribution by providing the ALRC with valuable insights, personal experiences and specialised expertise that otherwise would be difficult or impossible to collect.
Thus, the direct Government expenditure on institutional law reform may be seen as a form of ‘pump-priming’, providing the focus and coordination that enables much greater direct community participation in the public policy-making process.
Endnotes 1. ALRC 106, Annual Report, 2006–07, p 5.
Emeritus Professor David Weisbrot AM President Comments from Comments the from President
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Annual Report 2007–08 9 Guide to the Report
The Australian Law Reform Commission (ALRC) has used a large number of photographs, charts and graphs to help convey detailed information to readers.
In addition to the ‘Corporate Overview’, ‘Report on Operations’, ‘Corporate Governance’ and ‘Financial Statements’ sections, the Annual Report includes four feature articles. The ALRC dedicates one such article to its former part-time member, Justice Susan Kiefel— who resigned in this reporting period to take up her appointment by the Commonwealth Attorney-General to the High Court of Australia.
The Solomon Islands Law Reform Commission’s visit is the subject of a two-page feature and is designed to provide insight into specific operational aspects of the Australian Law Reform Commission.
The ALRC is proud to have been the main instigator in developing and launching the fifth learned Academy in Australia—the Australian Academy of Law (AAL) on the 17 July 2007—the culmination of a process begun with the Australian Law Reform Commission’s landmark report, Managing Justice: a Review of the Federal Civil Justice System (ALRC 89, 2000).
The fourth feature documents the ALRC’s internship program. The ALRC values the input into its inquiries from volunteer legal interns and this article demonstrates the process and outcomes of the annual internship program.
This report is available online on the ALRC’s website at www.alrc.gov.au.
Guide to Chapters
The ‘Corporate Overview’ includes information on:
ÌÌ the functions and structure of the ALRC;
ÌÌ members of the ALRC;
ÌÌ significant events;
ÌÌ collaboration and cooperation with other organisations; and
ÌÌ anticipated developments.
10 Guide to the Report
The ‘Report on Operations’ contains information on the ALRC’s performance in relation to its outcome and outputs, including qualitative and quantitative information.
The ‘Corporate Governance’ chapter provides details of:
ÌÌ the ALRC’s corporate structure and the constitution of Divisions;
ÌÌ the Board of Management and the Audit Committee;
ÌÌ independent professional advice, conflict of interest and director indemnity;
ÌÌ external scrutiny and controls;
ÌÌ staffing and workplace issues;
ÌÌ the ALRC’s library and information technology services;
ÌÌ consultancies;
ÌÌ the environmental management system;
ÌÌ a Freedom of Information statement;
ÌÌ the Commonwealth Disability Strategy report; and
ÌÌ an overview of the ALRC’s financial position.
The ‘Financial Statements’ provide a detailed analysis of the ALRC’s revenue and expenditure, along with an independent Auditor’s report.
The ALRC has also included a glossary of acronyms and terms, a compliance index and an alphabetical index.
A number of appendices providing key supporting documents, information on the
implementation status of reports and a list of public presentations and contributions to Guide to the Report
publications can be found at the conclusion of the Annual Report. l
Annual Report 2007–08 11 Corporate Overview
Professor Rosalind Croucher, Emeritus Professor David Weisbrot AM and Professor Les McCrimmon
2007–08 Role and Functions of the ALRC
The Australian Law Reform Commission (ALRC) is an independent statutory authority that operates under the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act). It is responsible to Parliament through the Attorney-General. The Hon Philip Ruddock MP, Attorney-General, was the Minister responsible for the ALRC until the federal election on 24 November 2007. The Hon Robert McClelland MP was appointed Attorney-General in the new Labor Government and was the Minister responsible for the ALRC at the time of reporting.
The primary function of the ALRC, as set out in s 21 of the ALRC Act, is to advise the Parliament and Australian Government on reform of areas of the law referred to the ALRC by the Attorney-General.
In conducting inquiries into these areas of law, the ALRC is required by s 24 to ensure that relevant laws, proposals and recommendations:
ÌÌ do not trespass unduly on personal rights and liberties;
ÌÌ do not make the rights and liberties of citizens unduly dependent on administrative, rather than judicial, decisions; and
ÌÌ are, as far as practicable, consistent with the International Covenant on Civil and Political Rights.
The ALRC also must have regard to any relevant international obligations, and take into account the potential impact of its recommendations on access to justice.
ALRC Organisational Structure, 2007–08
President Full-time Commissioners Part-time Commissioners
Review of the Privacy Act 1988 Executive Director (Privacy Inquiry) Corporate Overview
l Review of Legal Professional Communications Privilege and Federal Investigatory Bodies (Client Legal Privilege Inquiry) Corporate Support Review of the Freedom of
Information Act 1982 Research and Annual Report 2007–08 (FOI Inquiry) Records 2007–08 13 Membership
Table 1 lists members of the ALRC during 2007–08, and the term of each appointment. As at 30 June 2008, there were six members of the ALRC—three full-time members and three part-time members.
Table 1. Members 2007–08
Commissioner Term of Current Appointment
Full-time Commissioners Emeritus Professor David Weisbrot AM (President) 8 August 2005 to 7 August 2009 BA (Hons) (Queens Coll) JD (UCLA)
Professor Les McCrimmon 4 January 2005 to 30 June 2009 BA LLB (Alberta) LLM (Qld)
Professor Rosalind Croucher 5 February 2007 to BA (Hons) LLB (Syd) PhD (UNSW) 4 February 2010 AMusA (AMEB) FRSA FACLM (Hon)
Part-time Commissioners Justice Susan Kiefel 7 April 2006 to 6 April 2009 LLM (Cantab) (resigned 16 August 2007)
Justice Susan Kenny 15 May 2006 to 14 May 2009 BA (Hons) LLB (Hons) (Melb) DPhil (Oxon)
Justice Robert French 15 July 2006 to 14 July 2009 BSc LLB (UWA)
Justice Berna Collier 2 October 2007 to BA LLB (Qld) LLM (Melb) 1 October 2010
14 Full-time members
Emeritus Professor David Weisbrot AM Professor Weisbrot has held the position of President of the ALRC since June 1999. His initial three-year term has been extended twice—in 2000 and in 2005.
Professor Weisbrot is the Chief Executive Officer of the ALRC. He jointly chairs each ALRC inquiry with the Commissioner in charge. The President has primary responsibility for liaison with the Australian Government, Parliament, stakeholders, and other law reform commissions and agencies in Australia and overseas.
Emeritus Professor David Weisbrot AM
Professor Les McCrimmon. Professor Les McCrimmon was initially appointed a full-time member of the ALRC for a three-year term, commencing on 4 January 2005. He has since been reappointed, with his current term due to expire on 30 June 2009. He led the ALRC’s landmark Privacy Inquiry, which resulted in the publication of the Report, For Your Information: Australian Privacy Law and Practice, delivered to the Corporate Overview
Attorney-General on 30 May 2008. l
Professor McCrimmon has been chair of the ALRC’s Audit Committee since 21 September 2006.
Professor Les McCrimmon Annual Report 2007–08 15
Professor Rosalind Croucher
Professor Rosalind Croucher Professor Rosalind Croucher was appointed as a full-time Commissioner for a term of three years, commencing on 5 February 2007. She was the Commissioner in charge of the Client Legal Privilege Inquiry and the Freedom of Information Inquiry.
16 Part-time members
Justice Susan Kiefel Justice Kiefel was appointed as a part-time Commissioner of the ALRC on 7 April 2003. At the time of her appointment she was a Judge of the Federal Court of Australia, based in Brisbane. She resigned, on 3 September 2007 with the commencement of her appointment to the High Court. During 2007–08, Justice Kiefel served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.
Justice Susan Kenny Justice Kenny was appointed as a part-time Commissioner of the ALRC on 14 May 2003. She is a Judge of the Federal Court of Australia, based in Melbourne. During 2007–08, Justice Kenny served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.
Justice Robert French Justice French was appointed as a part-time Commissioner of the ALRC for a period of three years, commencing on 15 July 2006. He has been a Judge of the Federal Court of Australia, based in Perth, since November 1986. During 2007–08, Justice French served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries.
Justice Berna Collier Justice Collier was appointed as a part-time Commissioner of the ALRC for a term of three years, commencing on 2 October 2007. She has been a Judge of the Federal Court of Australia, based in Brisbane, since February 2006. During 2007–08 Justice Collier served on the Divisions dealing with the Client Legal Privilege and Privacy inquiries. Corporate Overview
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Annual Report 2007–08 17 Farewell to Justice Susan Kiefel
During 2007–08, the ALRC was sad to lose one of its talented part-time Commissioners— Justice Susan Kiefel—but proud that the reason for Justice Kiefel’s resignation was her appointment to the High Court of Australia.
In response to the Welcome Speeches on the occasion of her swearing-in as a Justice of the High Court, on 3 September 2007, Justice Kiefel told the audience that:
“Involvement with law reformers can only widen a lawyer’s perspective. I have both enjoyed and gained much from working with the erudite Professor David Weisbrot and the Commissioners of the Australian Law Reform Commission.”
Justice Kiefel had been a member of the ALRC since April 2003. She served on the ALRC’s inquiries into Gene Patenting and Human Health; Sentencing of Federal Offenders; Uniform Evidence Law; the review of federal sedition laws; Australian privacy laws and practices; and client legal privilege.
Justice Kiefel is also a Foundation Fellow of the new Australian Academy of Law.
ALRC Commissioners and staff warmly congratulate Justice Kiefel on her elevation to the High Court. Upon the announcement of Justice Kiefel’s appointment, ALRC President Prof David Weisbrot said on behalf of the Commission:
“This is an outstanding appointment. Justice Kiefel has all of the qualities one would expect of an appointee to Australia’s highest court. She is not only an exceptional lawyer and judge from a technical point of view, but is also a well- rounded person, with a wide range of interests.
We sincerely thank Justice Kiefel for the enormous contribution she has made to the ALRC over the past four-and-a-half years, and we will all miss her warmth, humour, and sound advice.” 18 Significant Events Completion of Client Legal Privilege Inquiry Completion of the Review of the Client Legal Privilege was referred to the Privacy Act 1988 (the Privacy ALRC for Inquiry by the then Attorney- Inquiry) General, the Hon Philip Ruddock MP, on 29 November 2006. On 30 January 2006, the then Attorney- Issues Paper 33, Client Legal Privilege General, the Hon Philip Ruddock MP, and Federal Investigatory Bodies, was issued Terms of Reference asking the released on 23 April 2007. In the first ALRC to conduct a review of the Privacy half of 2007–08, the ALRC completed Act 1988 (Cth). That Act arose from a consultation on the Issues Paper, released previous ALRC report, Privacy (ALRC 22, Discussion Paper 73 (also entitled Client 1983). Legal Privilege and Federal Investigatory The ALRC’s first round of consultation Bodies) and provided the Final Report of papers for the Privacy Inquiry—Review the Inquiry to the new Attorney-General, of Privacy (Issues Paper 31) and Review the Hon Robert McClelland MP, by the of Privacy: Credit Reporting Provisions amended reporting date of 24 December (Issues Paper 32) were released in 2007. December 2006. This meant that during The Final Report—Privilege in Perspective: 2007–08, the ALRC completed the Client Legal Privilege in Federal enormous round of consultations required Investigations (ALRC 107, 2007)—was to produce Discussion Paper 72, Review tabled in federal Parliament on of Australian Privacy Law, which was 13 February 2007. The Report sets out released on 12 September 2007. 45 recommendations to reform the law Another intensive round of consultations and practices concerning the handling followed the release of Discussion of claims of client legal privilege over Paper 72 and its Overview document. material sought by federal investigatory These consultations fed into the bodies and royal commissions of inquiry. production of the Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008), which was provided to the Attorney-General on 30 May 2008. With 295 recommendations for reform, spread across three volumes Corporate Overview
and 2,700 pages, this is the largest report l ever produced by the ALRC.
Further information on the Privacy Inquiry is provided in the Report on Operations. Annual Report 2007–08 19 Introduction of Evidence Associations with other bodies Amendment Bill Positions held by ALRC On 28 May 2008, the Attorney-General, Commissioners and staff the Hon Robert McClelland MP, introduced the Evidence Amendment Bill into the Professor David Weisbrot House of Representatives. If passed, The President of the ALRC is an ex officio the Bill will implement almost all of the member of the Administrative Review recommendations in ALRC 102, Uniform Council, and an appointed member of Evidence Law (2005), at the federal the Attorney-General’s International Legal level. Further information on the reforms Services Advisory Committee. proposed in the Bill is set out in the Report on Operations. Professor Weisbrot was the Foundation Vice-President of the Commonwealth Collaboration and Association of Law Reform Agencies (CALRAs) and following the resignation Cooperation of the Foundation President, Justice Elton Singini SC, in August 2006, he agreed Relationship with the to serve (and still serves) as Acting Attorney-General and President. Attorney-General’s Department Professor Weisbrot is a Foundation Fellow of the Australian Academy of Law. Although an independent agency, the ALRC enjoys a strong, open working Professor Weisbrot was appointed by the relationship with the Attorney-General, Minister for Health and Ageing to serve his office and the Attorney-General’s as a member of the Human Genetics Department. In 2007–08, many formal Advisory Committee (HGAC), a Principal and informal meetings involving the ALRC Committee of the National Health and President, Commissioners and staff were Medical Research Council. The HGAC held with Mr Ruddock, Mr McClelland, was established as part of the Australian their staff and senior officers of the Government’s response to Essentially Attorney-General’s Department. Yours: The Protection of Human Genetic Information in Australia (ALRC 96, 2003). These meetings provided opportunities to discuss a range of issues relating Professor Weisbrot is a Member of the to the operation of the Commission, Advisory Council of the National Pro the progress of current references, Bono Resource Centre; a member of the the development of new references, Australian Sports Commission Steering and the Australian Government’s Group on Policies and Guidelines on the response to previous ALRC reports and Use of Genetic Testing and Information in recommendations. Sport; and an Associate Member of the International Academy of Comparative Law. He is an Honorary Professor of the Institute for Molecular Bioscience and 20 of the Faculty of Law at the University of University, on leave for the duration of her Queensland and Emeritus Professor at appointment at the ALRC. the University of Sydney, where he served between 1994 and 1999. Ms Lani Blackman
Professor Weisbrot is an elected member Research Manager Ms Lani Blackman of the Human Genome Organisation was an official observer at meetings of the (HUGO), in recognition of his work Family Law Council during 2007–08. on ALRC 96 as well as on Genes and Privacy Inquiry: Collaboration with Ingenuity: Gene Patenting and Human other law reform bodies Health (ALRC 99, 2004). The ALRC continued to collaborate Professor Les McCrimmon with the New South Wales Law Reform Commission (NSWLRC) and the Victorian Professor McCrimmon is an adjunct Law Reform Commission (VLRC) in Professor of Law at the University of relation to privacy-related inquiries. Technology, Sydney, and during 2007–08 was a member of the Uniform Evidence The NSWLRC had been asked to examine Act Expert Reference Group, established whether existing legislation in New South to advise the Standing Committee of Wales provides an effective framework Attorneys-General. He is a founding for the protection of the privacy of an member of the Global Alliance for Justice individual. The Terms of Reference Education, and a senior teacher with the specifically directed the NSWLRC to liaise Australian Advocacy Institute. with the ALRC’s now completed Privacy Inquiry. The NSWLRC’s Consultation Professor Rosalind Croucher Paper Invasion of Privacy (released May Professor Croucher is a Foundation 2007) informed the development of Fellow of the Australian Academy of Law, recommendations on this issue by the a Fellow of the Royal Society for the ALRC. Encouragement of Arts, Manufactures During 2007–08 the VLRC continued and Commerce; an Honorary Fellow of work on the second stage of its review of the Australian College of Legal Medicine; privacy laws—an inquiry into surveillance an Honorary Fellow of St Andrew’s in public places. College of the University of Sydney; an Academician of the International Academy The ALRC shared relevant submissions of Estate and Trust Law; a member of and consultation notes with the NSWLRC the Australian Academy of Forensic and VLRC via a secure website, and the Corporate Overview
Sciences; a member of the International NSWLRC shared relevant submissions l
Association of Women Judges; a member with the ALRC. Organisations and of the Macquarie University Research individuals that provided submissions Centre for Comparative Law, History and were informed of this arrangement, and Governance; a member of the Editorial given an opportunity to direct that their Board of the journal Legal History submission not be shared.
and a Professor of Law at Macquarie Annual Report 2007–08 21 Solomon Islands Law Reform Commission’s Visit
In late November and early December 2007, the ALRC hosted a visit from officers of the Solomon Islands Law Reform Commission (SILRC). The 10-day visit, funded by the Solomon Islands Government, was to provide assistance and training to the Executive Officer and newly appointed Legal Officers who will form the basis of the fledgling organisation. The visit followed on from previous discussions with the SILRC requesting advice and assistance as it establishes itself as an important part of the legal system in the Solomons, and the ALRC’s successful training program delivered to the Papua New Guinea Constitutional and Law Reform Commission in Port Moresby in February–March 2007.
The Solomon Islands Law Reform Commission was first established in 1994, but was largely defunct until a recent reinvigoration as part of the Law and Justice Program of
(Left to right) Mr Michael Pitakaka, Ms Anna Guthleben, Mr Houlton Faleomanu Faasau and Ms Kathleen Kohata of the SILRC. 22
Ms Kathleen Kohata and Mr Houlton Faleomanu Faasau.
the Regional Assistance Mission to the Solomon Islands (RAMSI). The Chairman, the Hon Justice Frank Kabui CMG CSI OBE, was appointed in 2005, and participated in the Australasian Law Reform Agencies Conference hosted by the ALRC in April 2006. Following her appointment in early 2007, Executive Officer Anna Guthleben has been in regular communication with the ALRC as she has taken on the task of establishing a working organisation. Legal officers Michael Pitakaka, Houlton Faasau and Kathleen Kohata were appointed in 2007 and took part in the visit to the ALRC.
During the visit, workshops and information sessions were presented by ALRC Commissioners and staff on a wide range of topics relating to law reform and running a law reform organisation. These included an in-depth discussion about the history, role and functions of the ALRC and law reform commissions in general; a session Solomon Islands Visit with the Inquiry teams on the process of running a law reform inquiry from beginning to end; a presentation from the Communications team on liaison with the media and using alternative formats to publicise the functions of the organisation; and FEATURE: discussions regarding legal information resources. Workshops were also led by ALRC l
staff on legal research techniques and writing law reform publications.
The visit also gave the ALRC staff an opportunity to learn more about the Solomon Islands, its people, and some of the challenges the country faces in instituting a secure law and justice program. The need to adjust law reform techniques used in Australia to work within the Solomon Islands environment was a constant feature of
discussions between the two commissions. Annual Report 2007–08 23 During 2007–08, the New Zealand Law with other Australian and international law Commission (NZLC) continued work on reform officers and agencies. the Review of Privacy that it commenced in 2006. The ALRC met with the President Other law reform agencies make regular of the NZLC, Sir Geoffrey Palmer, twice— contributions to the ALRC’s journal, once in Wellington, once in Sydney in Reform, with articles on their work May 2008, to discuss the progress of the programs. The ALRC also compiles a Commissions’ inquiries. list of recent law reform publications and areas of law under review. This list Collaboration with regional law is updated twice a year. It has been a reform bodies regular feature of Reform but is now also available on the ALRC website. As part of the Corporate Plan 2006–2008 (see Appendix A), the ALRC is committed The Australian Law Students to providing information and assistance to Association law reform bodies in developing countries, particularly those in the Asia-Pacific During 2007–08, the ALRC continued region. to support the Kirby Cup Law Reform Competition, now a joint initiative with the During 2007–08, the ALRC provided Australasian Law Students Association regular advice and information to (ALSA). the Solomon Islands Law Reform Commission. From 27 November to 6 December 2007, four representatives of the Solomon Islands Law Reform Commission visited the ALRC for a series of briefings, training sessions and meetings with other state and federal government agencies. Australasian Law Reform Agencies Conference 2008 The ALRC provided practical assistance to the School of Law of the University of the South Pacific in relation to planning for the Australasian Law Reform Agencies Conference (ALRAC), to be held in Port Vila, Vanuatu, in September 2008. Informal associations with other law reform bodies
The ALRC continues to take a leading The Kirby Cup role in fostering informal associations 24 Relationships with universities As part of its commitment to promoting the role of law reform, the ALRC offers an internship program to provide law students with the opportunity to conduct applied research and directly participate in the ALRC’s work.
The ALRC continues to offer internship opportunities to students from a wide range of Australian universities, placing ten students in the 2007–08 reporting year. The ALRC also has arrangements with several American universities to offer placements as part of their summer externship programs, and in 2007–08 accepted one intern from the University of Maryland School of Law. For further details of the ALRC internship program, see page 80.
Contributions to external inquiries
The ALRC provides briefings to parliamentary committees, ministers, government departments, and other bodies to ensure that its reports and recommendations are well understood and taken into account in legal policy development, and that the experience and knowledge developed during references are shared for the benefit of the Australian community.
The ALRC also makes written submissions where appropriate.
The ALRC is guided by a protocol that outlines when it is appropriate for the ALRC to make an external submission. The considerations include:
ÌÌ the consonance of issues raised in the review or inquiry being undertaken by the external body and issues covered in current reference work or past reference work of the ALRC;
ÌÌ the consonance of issues raised in the review or inquiry being undertaken by the body and the expertise and knowledge of current Commissioners and staff members; and
ÌÌ the availability of, and impact upon, ALRC resources.
Submissions are made available on the ALRC website.
During the reporting period, the ALRC made three written submissions drawing on Corporate Overview
current and past inquiries (see Table 2, on page 26). l
Annual Report 2007–08 25 Table 2. Submissions made by the ALRC to other inquiries
Agency Conducting Date of Subject Matter Related ALRC Reference Inquiry Submission
NSW Legislative 12 December Publication of ALRC 108, For Council Standing 2007 names of children Your Information: Committee on Law involved in criminal Australian Privacy and Justice proceedings Law and Practice (2008); ALRC 103, Same Crime, Same Time: Sentencing of Federal Offenders (2006); ALRC 98, Keeping Secrets: The Protection of Classified and Security Sensitive Information (2004); ALRC 87, Seen and Heard: Priority for Children in the Legal Process (1997)
Australian 26 February Possible ratification ALRC 96, Essentially Government 2008 of the UN Yours: The Protection Attorney-General’s Convention on the of Human Genetic Department Rights of Persons Information in Australia with Disabilities (2003)
Australian Parliament 30 June 2008 Inquiry into the The impact of Joint Committee of effects of the efficiency dividend on Public Accounts ongoing efficiency the ALRC’s functions and Audit dividend on smaller public sector agencies
26
Professor Les McCrimmon at the media launch of the Review of Australian Privacy Law (DP 72, 12 September 2007)
27 Report on operations
Senior Legal Officer, Ms Isabella Cosenza in the ALRC’s Michael Kirby Library 2007–08 Outcome and Outputs Structure
Outcome
The development and reform of aspects of the laws of Australia to ensure that they are equitable, modern, fair and efficient
Key Effectiveness Indicator Key Effectiveness Indicator ◊ Broad-based community ◊ Reception of law reform reports involvement in law reform and recommendations
Key Performance Measures Key Performance Measures
◊ Extent of community participation, especially ◊ Positive critical feedback on quality of reports relevant professional, industry and interest groups ◊ Percentage of reports implemented by those to whom recommendations are targeted
Output 1.1 Output 1.2 Information and education Reports and community services to enhance community consultation documents consultation and participation in the law reform process
Key Performance Measures Key Performance Measures Quality: Quality: ◊ Timely completion of references within agreed ◊ Provision of timely and accessible information parameters via website, media and articles in Reform and Report Report on Operations
other journals ◊ Extent to which publications are well received l
by stakeholders and stimulate public debate Quantity: Quantity: ◊ 10% per annum increase in website hits ◊ Appropriately wide distribution of community ◊ Regular publication of journal Reform consultation documents: >2,000 per annum hard copies plus electronic availability ◊ Regular contributions to external journals, public speaking engagements and institutional
visits Annual Report 2007–08 2007–08 29 Outcomes Report The Inquiry found general support for maintaining privilege as a fundamental The ALRC has one outcome—the right of clients, which only should be development and reform of aspects of the abrogated or modified in exceptional laws of Australia to ensure that they are circumstances. equitable, modern, fair and efficient. When properly exercised, privilege The ALRC reviews Commonwealth encourages compliance with the law by laws and processes as referred by the creating an environment in which clients Attorney-General and develops proposals can make full and frank disclosure and for the development, modernisation receive accurate legal advice. However, and simplification of the law, to improve the report recognised that privilege must access to justice, and to remove defects be balanced with the public interest in in the legal system. The ALRC aims to ensuring efficient, effective investigations. ensure that the laws under review and Many of the Report’s recommendations proposals for reform of those laws do focus on streamlining the process for not trespass on Australia’s international handling claims of privilege, and deterring human rights obligations. or punishing abuses.
The ALRC also seeks to educate the Consultation community about the importance of law reform through its journal Reform, public The ALRC developed a consultation presentations, the ALRC website and strategy for this Inquiry that encouraged engagement of the mainstream media. It participation and input from a wide also develops working relationships—with spectrum of stakeholders. During the key stakeholders, the Australian and reporting period, 17 consultation meetings international law reform community and were held (most of them involving multiple others—that may benefit the law reform participants). process in the future. As is standard practice in all ALRC inquiries, the ALRC appointed an expert Inquiries for 2007–08 Advisory Committee. This Committee Client Legal Privilege and Federal met on 26 July 2007 to consider the Investigatory Bodies draft proposals for the Discussion Paper and on 15 November 2007 to consider About the Inquiry the draft recommendations for the Final Report. Privilege in Perspective recommended 45 changes to the handling of claims of The ALRC received 116 written client legal privilege over material sought submissions on aspects of client legal by federal investigatory bodies and royal privilege—48 of those within the commissions of inquiry. 2007–08 year. A key theme that emerged in consultations and submissions 30 was that the problem relating to client a tactic to frustrate investigations and legal privilege in the context of federal prolong litigation—and protecting the investigatory bodies lay mainly in the strong public interest in clients being able domain of practice and procedure to communicate with their lawyers in a rather than doctrinal law. Consequently, completely candid manner in order to get if there were greater transparency, and proper legal advice. clearer guidelines and procedures, many of the present problems could be The key recommendations emerging solved. Further, a greater framework of from the Final Report include: (a) the cooperation and trust could be generated, enactment of a statute of general while still respecting the fundamental application to cover aspects of the law principle of client legal privilege. and procedure governing client legal privilege claims in federal investigations; Key recommendations (b) the setting out of procedures with respect to the making and resolution The central task for the ALRC was to of client legal privilege claims; and (c) develop a sensible and workable balance the extension of privilege, in defined between facilitating investigations circumstances, to include tax advice. by federal regulators and royal commissioners—particularly where claims The ALRC recommended that the blunt of privilege may be used primarily as instrument of abrogation only should be Report on Operations
l
The Client Legal Privilege team from left to right: Ms Isabella Cosenza,
Emeritus Professor David Weisbrot AM, Professor Rosalind Croucher Annual Report 2007–08 and Ms Kate Connors 31 employed by Parliament in exceptional face of changing technology and social circumstances, after it has considered: attitudes; the need for streamlined and (a) whether the subject of the investigation harmonised law across Australia in the or inquiry concerns a matter of major interests of accessibility for individuals public importance that has a significant and reduced compliance costs for impact on the community in general or on business; and the critical importance a section of the community, or is a covert of directly engaging experts, key investigation; (b) whether the information stakeholders and the general community sought can be obtained in a timely and in the policymaking process. complete way by using alternative means that do not require abrogation of client On 12 September 2007, the ALRC legal privilege; and especially (c) the released a Discussion Paper, Review of degree to which a lack of access to the Australian Privacy Law (DP 72, 2007), privileged information will hamper or seeking community feedback on 301 frustrate the operation of the investigation proposals for reform of privacy law and and, in particular, whether the legal related practices. As a companion to this advice itself is central to the issues under 1,977 page document, the ALRC also investigation. produced a summary document, Review of Australian Privacy Law—An Overview Client legal privilege may be modified (DP 72 Overview, 2007). or abrogated by legislation where the Parliament chooses to give higher These documents followed the publication priority to the interests of investigatory of three consultation documents released bodies in accessing information than in the previous reporting period (Review to the interests served by maintaining of Privacy, IP 31, 2006; Review of Privacy privilege—this is the case generally under —Credit Reporting Provisions, IP 32, 2006 the Royal Commissions Act 1923 (NSW), and Reviewing Australia’s Privacy Laws: and specifically under the James Hardie Is Privacy Passé?, IP 31 & 32 Overview, (Investigations and Proceedings) Act 2004 2006). (Cth). The ALRC’s Final Report, For Your Privacy Inquiry Information: Australian Privacy Law and Practice (ALRC 108, 2008), was The ALRC’s work program for completed on schedule and transmitted 2007–2008 was dominated by the review to the Attorney-General, the Hon Robert of the Privacy Act 1988 (Cth). Terms of McClelland MP, on the reporting date of Reference for this Inquiry were received 30 May 2008, awaiting tabling in the in January 2006. The two-year review 2008–09 reporting period. incorporated one of the most extensive consultation programs ever conducted About the Inquiry by the ALRC and drew together many The Privacy Act 1988 (Cth) is the product of the common themes evident across of a previous ALRC inquiry conducted the ALRC’s 33-year body of work: the from 1976–83. The recommendations imperative to modernise the law in the contained in Privacy (ALRC 22, 1983)— 32 The Privacy team from left to right: Ms Erin Mackay, Ms Carolyn Adams, Ms Althea Gibson, Emeritus Professor David Weisbrot AM, Professor Les McCrimmon, Mr Jonathan Dobinson, Ms Kate Connors, Ms Isabella Cosenza and Ms Lisa Eckstein
also a three volume report, completed The ALRC’s Terms of Reference required it after a major, seven year, research and to consider: policy development exercise—led to the enactment of the Privacy Act. Although Ì relevant existing and proposed the Act is only 20 years old, it pre-dates Commonwealth, State and Territory the advent of supercomputers, the practices; internet, mobile phones, digital cameras, Ì other recent reviews of the Privacy Act; e-commerce, sophisticated surveillance devices and social networking websites— Ì current and emerging international all of which have challenged our trends in other jurisdictions; capacity to safeguard sensitive personal information. While the Privacy Act works Ì any relevant constitutional issue; reasonably well, it was considered Ì the need of individuals for privacy on Operations Report important that it be reviewed to take protection in an evolving technological l
account of the massive changes brought environment; about by the information revolution and developments in technology, including the Ì the desirability of minimising the internet. regulatory burden on business in this area; and
Ì any other related matter. 2007–08 Annual Report 33
2007-08 Annual Report.indd Sec1:33 18/09/2008 3:55:50 PM Consultation telecommunications; the privacy principles; children and young people; As part of the Privacy Inquiry, the and health and research. ALRC considered 585 submissions received from a broad cross-section of The ALRC continued to maintain its individuals, private sector organisations ‘Talking Privacy’ website, designed and government agencies. 284 of those specifically to engage young people. submissions were lodged within the reporting period. These consultation initiatives followed on from extensive consultations in the About 80 face-to-face meetings were held previous reporting period, including as part of the Privacy Inquiry in a highly publicised ‘National Privacy 2007–08, including a series of roundtables Phone-In’, during which more than 1,300 on a variety of themes including: credit members of the public contacted the reporting; telecommunications; the privacy ALRC to share their experiences, ideas principles; children and young people; and attitudes about privacy protection. and health and research. Information privacy touches almost To facilitate public engagement and every aspect of a person’s daily life, stakeholder participation in this reporting including their medical records and period, the ALRC published a Discussion health status, financial and credit status, Paper, Review of Australian Privacy Law with personal details collected and (DP 72) on 11 September 2007, as well stored on a multiplicity of public and as a concise overview of that document corporate databases both within Australia aimed at the non-specialist audience. and internationally. The overwhelming Overall, during the course of the Inquiry, message arising from ALRC consultations the ALRC organised: was that Australians do care about privacy, and want a simple, workable ÌÌ 250 face-to-face meetings with system that provides effective solutions individuals, organisations and and protections. agencies; The ALRC Inquiry had to balance this ÌÌ major public forums in Melbourne desire for privacy against other interests (focusing on consumers and privacy), that were also keenly advocated, such Sydney (focusing on business and as for freedom of expression, child privacy) and Coffs Harbour (focusing protection, law enforcement, national on health privacy and research); security and the significant benefits and convenience of internet banking, ÌÌ six dedicated workshops for children e-commerce and social networking sites and young people (13–25 years old); (such as MySpace and Facebook). ÌÌ a series of roundtables with Collaboration individuals, agencies and organisations on a variety of The ALRC established an expert Advisory themes including: credit reporting; Committee, which met once during the 34 reporting period, on 27 March 2008. In The Open Government report noted that addition, a number of sub-committees ‘more must be done to dismantle the were established to provide advice in culture of secrecy that still pervades relation to particular subjects including some aspects of Australian public health privacy; credit reporting and sector administration’, and made 106 developing technologies. Sub-committee recommendations for reform of FOI laws members played an integral role in the and practices. development of proposals for the Privacy Inquiry publications. On 24 September 2007, the ALRC received Terms of Reference for another During the course of this Inquiry, the Inquiry into FOI laws, with special Victorian Law Reform Commission, emphasis placed on the improvement the New South Wales Law Reform and harmonisation of federal, state and Commission and the New Zealand Law territory FOI laws and practices. Commission also conducted privacy inquiries. These Commissions and the Federal elections were held exactly ALRC produced separate consultation two months later, resulting in a change papers and final reports, but worked of Government. The Australian Labor closely and cooperatively, sharing ideas, Party went into the 2007 election with an information and notes from a number of express commitment to implement the consultation meetings. central recommendations of the ALRC’s Open Government report—including Open and accountable government: the creation of a Federal Information FOI and secrecy laws Commissioner and the rationalisation For more than a decade, the ALRC has of exemption provisions—as well as to provided reports and recommendations abolish conclusive ministerial certificates. that may be grouped around the aim of Once in Government, it was determined promoting more open, transparent and that: (a) responsibility for FOI, privacy accountable government in Australia—for and related matters—and with it the example, inquiries into improving freedom Information Law Branch of the Attorney- of information (FOI) laws, privacy laws and General’s Department—would move to practices, the protection of classified and the Department of Prime Minister and security sensitive information, and client Cabinet under the direct supervision of legal privilege in federal investigations. the Special Minister of State, the Hon In July 1994, the ALRC commenced work Senator John Faulkner; and (b) the FOI on a review of FOI law and practice in commitments would be advanced through Report on Operations
association with the Administrative Review a public consultative process involving l
Council. That joint Inquiry concluded its the release of exposure drafts of the work in late 1995, and the Final Report, proposed legislation later in 2008. Open Government: A Review of the In the circumstances, the ALRC Freedom of Information Act 1982 considered that parallel reviews of this (ALRC 77, 1995), was tabled in Parliament area might be confusing for stakeholders
in January 1996. Annual Report 2007–08 35 and would not represent the most federal secrecy provisions generally (a productive use of the Commission’s time similar recommendation appears in the and resources. Instead, the ALRC could Final Report of the Privacy Inquiry). We make a much more effective contribution are pleased now to be asked to undertake by conducting a review of the operation this work. of the new FOI system a few years down the track, when we would be in a position Key Effectiveness Indicator 1 to assess how well the new laws and institutions are working in practice. Broad-based community involvement in law reform On 21 July 2008, Attorney-General McClelland wrote formally to the ALRC The ALRC measures its effectiveness in revoking the original Terms of Reference achieving its outcome by the extent of for the FOI inquiry, and indicating that ‘a community participation in its work. Freedom of Information reference may Community consultation is the be more appropriately considered by cornerstone of the ALRC’s approach the Commission after the Government’s to developing effective, practical reforms have been implemented and recommendations for law reform. The operating for a reasonable period of time’. ALRC’s strategy to ensure broad-based Although formally commencing in the consultation is incorporated into the next reporting period (with new Terms of Corporate Plan 2006–08. This strategy Reference received on 5 August 2008), involves establishing and maintaining the ‘replacement’ project for FOI is a good communication with relevant Review of Secrecy Laws—flowing out of sectors of the community during the the same concerns about balancing the Commission’s inquiries and other work, protection of sensitive Commonwealth and organising targeted consultations with information with the imperative to maintain key interest groups and individuals. open and accountable government. The consultation strategy for each inquiry In fact, in the 1995 Open Government varies, depending upon the subject report, the ALRC expressly recommended matter of the inquiry, the nature of the that there be a review of all secrecy stakeholders involved, and their previous provisions in federal legislation to ensure exposure to the law reform process. The that they do not impose prohibitions level of community involvement in a given on the disclosure of government-held reporting year will depend on the stage information that are broader than the reached by the inquiry. exemption provisions in the Freedom of The Privacy Inquiry commenced in early Information Act 1982 (Cth). This view was 2006, and by 2007–08 the ALRC was re-emphasised and broadened a decade finalising a large round of consultations later in Keeping Secrets: The Protection that led to the production of Discussion of Classified and Security Sensitive Paper 72, Review of Australian Privacy Law Information (ALRC 98, 2004), in which the (DP 72, September 2007). The ALRC then ALRC recommended a major review of 36 launched a further round of consultations on the proposals for reform set out in DP 72, which informed the preparation of the Final Report, For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008).
The ALRC worked on three inquiries during 2007–08: the Privacy Inquiry, the Client Legal Privilege Inquiry and the Freedom of Information Inquiry.
The ALRC had started work on the Client Legal Privilege Inquiry in late 2006 and by the commencement of 2007–08 was involved in consultations that led to the production of Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies (DP 73, September 2007). A further round of consultations informed the development of the Final Report—Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2007).
The ALRC commenced work on the Freedom of Information Inquiry in early 2008 and undertook some preliminary research for this reference. Advisory Committees The ALRC establishes a broad-based expert Advisory Committee for each inquiry. The Advisory Committee helps the ALRC to identify the main issues in each inquiry and to determine priorities for reform. The Advisory Committee also provides direction for the ALRC’s research and consultation process, and comments on draft publications, proposals and final recommendations.
Members of the Advisory Committees are selected for their ability to provide the ALRC with a wide range of experience, and generally consist of experts in the particular field under review, as well as representatives from agencies or industries that are likely to be affected by reform proposals.
Advisory Committee meetings are generally held two or three times during the course of an inquiry. No sitting fees are paid, but the ALRC covers travel expenses where required.
In 2007–08 the ALRC:
ÌÌ held one Privacy Advisory Committee meeting and one Client Legal Privilege Report on Operations
Advisory Committee meeting; l
ÌÌ produced three consultation documents;
ÌÌ received 283 submissions on Privacy and 46 on Client Legal Privilege; and
ÌÌ held 62 consultation meetings for the Privacy Inquiry and 17 for Client Legal Privilege. Annual Report 2007–08 37 During 2007–08, the Privacy Advisory Committee met once—on 27 March 2008—and the Client Legal Privilege Advisory Committee met once—on 15 November 2007.
The specialist sub-committees to the Privacy Advisory Committee, in the areas of Credit Reporting, Developing Technology, and Health, did not meet face-to-face during 2007–08 but remained an important source of advice to the ALRC. Members of the Credit Reporting Sub-Committee were invited to two Credit Reporting Roundtables in November 2007 and members of the Developing Technology and Health Sub- Committees were consulted on draft ALRC proposals via email.
An Advisory Committee was established for the Freedom of Information Inquiry but did not meet prior to 30 June 2008.
A list of members of ALRC Advisory Committees in 2007–08 is included in Appendix D. Consultation documents
The ALRC produces at least one—and usually two—consultation papers during each inquiry, which are disseminated widely and are free of charge for the life of the inquiry. In most inquiries, the ALRC will produce an issues paper, then a discussion paper, each of which informs a phase of community consultation, before preparing a final report. The place of consultation papers in the typical inquiry process is demonstrated in the following flowchart.
FigureA Typical 1: Law Flowchart Reform Inquiryfor a typical Process ALRC inquiry
Terms of Reference Consultations Consultations
Research Submissions Submissions
Consultations Further research Further research
Advisory Committee Advisory Committee Advisory Committee
ISSUES PAPER FINAL REPORT DISCUSSION PAPER
FINAL REPORT TABLED IN PARLIAMENT 38 Australian Law Reform Commission 2007 Consultation papers are available in these communications are maintained for hard copy, on CD-ROM and on the internal use, and cited where appropriate ALRC website (as an HTML document in consultation papers and reports. and as RTF and PDF downloads). ALRC publications can be made available upon A full list of submissions to an inquiry is request in a range of accessible formats included in each final report. On occasion, for people with a disability. the ALRC also accepts submissions made in confidence. Confidential submissions may include personal experiences, Three consultation documents were where there is a wish to retain privacy, published in 2007–08: or other sensitive information, such as commercial-in-confidence material. The Discussion Paper for the Privacy Inquiry—Discussion Paper 72, Review During the course of the Privacy Inquiry, of Australian Privacy Law (DP 72)—was the ALRC found that some members of released on 12 September 2007. The the public preferred to provide anonymous ALRC released an overview of DP comments, so the online comment forms 72—Review of Australian Privacy Law: were modified to allow each person An Overview—on the same day. making a comment to choose whether to provide a name and contact details. The Discussion Paper for the Client Legal Privilege Inquiry—Discussion The number of submissions received Paper 73, Client Legal Privilege and in any given year will vary according to Federal Investigatory Bodies (DP 73)— the nature of the inquiry, the stages of was released on 26 September 2007. the inquiry that occur during the year, the degree of media coverage, and the number and range of stakeholders. Submissions In 2007–08, the ALRC received 283 Traditionally, the main avenue for submissions to the Privacy Inquiry and 46 community participation in an inquiry was submissions to the Client Legal Privilege through formal written submissions. While Inquiry. the ALRC still seeks and receives such submissions, there are now many other During 2007–08, the ALRC ways for members of the public to provide received 329 written submissions their views. to the Privacy and Client Legal Privilege inquiries. Online comment forms are available on Report on Operations
the ALRC website for each of the current l inquiries. Email submissions—which can Consultation Meetings range from a list of dot points to a more In the consultation phases of each substantial document—are becoming inquiry, which usually follow the release more common. The ALRC also receives of each consultation document, the ALRC oral submissions through discussions endeavours to schedule meetings with in meetings or by telephone. Records of Annual Report 2007–08 39 relevant individuals and organisations. constituted the largest community These always include meetings outside consultation process in the ALRC’s Sydney and are generally attended by one 33-year history. or more Commissioners and at least one member of the legal staff. Privacy roundtables
As part of this consultation process, In 2007–08, the ALRC convened 78 the ALRC held a number of themed consultation meetings. ‘roundtables’, to bring key stakeholders together to debate significant policy issues. Roundtables were convened in Privacy consultation meetings relation to: ÌÌ the Unified Privacy Principles In 2007–08, the ALRC held 62 consultation (Canberra, 24 October 2007, and meetings as part of the Privacy Inquiry, Sydney, 8 November 2007); meeting with members of the judiciary; federal, state and territory government ÌÌ Telecommunications (Sydney, agencies; community and consumer 5 November 2007); and groups; representatives of the legal profession; and academics. When ÌÌ Credit Reporting (Sydney, combined with the consultations 13 November 2007). held earlier in the Privacy Inquiry, this
Advisory Committee Meeting for the Client Legal Privilege Inquiry 40 Workshops for young people and privacy in the reporting period was the ALRC’s 2005 report, Uniform Evidence Law, Following on from the series of specialist which was repeatedly referred to in youth workshops convened earlier in debate on the Evidence Amendment Bill the Privacy Inquiry, during 2007–08 the 2008. The Bill incorporates almost all of ALRC convened two workshops in Sydney the recommendations of the Evidence specifically for young people. These report—the product of a joint Inquiry with workshops provided an opportunity for the New South Wales and Victorian law young people to comment on the ALRC’s reform commissions. proposals in DP 72, which fed into the recommendations in the Final Report of As well, ALRC reports are cited in the Privacy Inquiry. Australian courts (see Appendix H ‘Citations of ALRC reports in major court Client Legal Privilege consultations decisions’), and in numerous academic articles and other publications. The ALRC held 16 consultation meetings as part of the Client Legal Privilege Court citations Inquiry. These meetings involved federal investigatory bodies; judges; other During 2007–08, there were more than 63 government agencies; legal professional references to ALRC reports in reported associations; and associations decisions of major courts, including 11 representing other professions. High Court decisions, 15 Federal Court decisions, two Family Court decisions A list of all individuals and organisations and 32 decisions of state and territory consulted is included in each ALRC Supreme Courts, or Courts of Appeal. consultation paper and report. A full list of court citations identified by the Key Effectiveness Indicator 2 ALRC is included in Appendix H. Percentage of reports implemented by Reception of law reform reports and those to whom recommendations are recommendations targeted The ALRC also measures effectiveness by analysing critical feedback on the The ALRC has no direct role in extent to which recomendations are implementing its recommendations. As implemented. there is no statutory requirement for the Australian Government to respond
Positive critical feedback on quality of formally to ALRC reports, the ALRC Report on Operations reports monitors major developments in relation l
to issues covered in its past reports, and The ALRC continued to receive positive assesses the level of implementation that feedback on the quality of its work and those reports have achieved. It is not inquiry reports during the reporting period. uncommon for implementation to occur ALRC reports continue to inform some years after the completion of a report.
parliamentary debate. Of particular note Annual Report 2007–08 41 During 2007–08, activity in relation to of an ALRC report. The ALRC takes a one report moved it up to the status of conservative approach when considering partially implemented, and three reports whether a report has been ‘partially’ or received further partial implementation. In ‘substantially’ implemented. The term addition to the two new reports completed proposals under consideration applies in 2007–08, one older report was to reports that have received a positive added to the list of reports under active response from those to whom the consideration. recommendations are directed but are still awaiting implementation, and to those that As at 30 June 2008: have been completed within the past two ÌÌ 58% of reports had been substantially years and are yet to receive a response. implemented; A number of reports that have been ÌÌ 29% of reports had been partially partially implemented are also being implemented; considered for further implementation— this is indicated in the implementation ÌÌ 8% of reports without any status field in Appendix F. implementation to date were currently under consideration; and As at 30 June 2008, the Commission had completed 75 reference-related reports. ÌÌ 5% of reports had not yet been Forty-three (58%) of those reports have implemented. been substantially implemented. There was no change in the number of reports Implementation by government is not substantially implemented in 2007–08. the sole measure of the success of a report. Increasingly, the ALRC makes Twenty-two reports (29%) have recommendations aimed at other been partially implemented. One bodies, including the courts, regulators, report has been documented as other government instrumentalities, the partially implemented for the first legal profession, educators, and other time during 2007–08. A review of the professions and industries. Monitoring recommendations of Unfair Publication: implementation therefore involves Defamation and Privacy (ALRC 11, 1979) consideration of the actions of all of these found that the enactment of the uniform bodies and not merely the enactment of Defamation Act in each Australian legislation. jurisdiction in 2005 and 2006 implemented the key thrust of the recommendations The ALRC considers that a report is in ALRC 11 regarding the establishment substantially implemented when the of uniform defamation laws. While the majority of the report’s recommendations, Report had been influential in promoting including key recommendations, have discussion of the need for uniform been implemented by those to whom the defamation laws, no implementation recommendations are directed. Partial had occurred until 2005 and 2006. The implementation refers to implementation recommendations in ALRC 11 relating to of at least some recommendations 42 an action for unfair publication of sensitive recommendations of ALRC 102 will be private facts have not been implemented, substantially implemented at the federal although were reconsidered as part of the and New South Wales levels in 2008–09. ALRC’s Privacy Inquiry completed in 2008. There were further developments in While there was no change to the 2007–08 in relation to the report status of the report Uniform Evidence Essentially Yours: The Protection of Human Law (ALRC 102, 2005), which received Genetic Information (ALRC 96, 2003), partial implementation in 2006, the which was already partially implemented. recommendations of the Report were In response to Recommendation 11–2 adopted by the Standing Committee of of the Report, which recommended the Attorneys-General in July 2007 in the form development of ethical standards for of a model Uniform Evidence Bill. Relevant medical genetic testing, in 2007 the amendments were passed by the New National Pathology Accreditation Advisory South Wales Parliament in the Evidence Council (NPAAC) published Classification Amendment Act 2007 (NSW), but the date of Human Genetic Testing 2007 Edition, of commencement of the provisions has which is a supplementary guide to the not yet been proclaimed, with the hope Laboratory Accreditation Standards and that the Commonwealth Evidence Act Guidelines for Nucleic Acid Detection and will soon be amended and the changes Analysis (2006). The new supplement took can commence operation at the same effect from 1 January 2008. time. The Evidence Amendment Bill 2008 (Cth) was introduced to Parliament in Another partially implemented report May 2008, and it is expected that the that was further implemented during the year was Legal Risk in International
Figure 2: Implementation status of ALRC Reports as at 30 June 2008
Proposals under Nil Consideration Implementation Report on Operations
Partial
Implementation l
Substantial Implementation Annual Report 2007–08 43 Transactions (ALRC 80, 1996). The Report under active consideration. Two of those had urged the Australian Government to reports cover the same topic of public be involved in the UNCITRAL Working interest standing (ALRC 78, 1996, and Group on Insolvency with a view to ALRC 27, 1985). adoption of the UNCITRAL Model Law on Cross-Border Insolvency. The Model Figure 2 on page 43 indicates the Law was finalised by UNCITRAL in 1997, implementation status of ALRC reports and the Cross-Border Insolvency Act 2008 as at 30 June 2008 and Appendix E (Cth) will implement the Model Law into provides a detailed update on action in Australian law. The substantive provisions relation to ALRC reports during 2007–08. of the Act are expected to commence Appendix F provides a brief overview of operation in November 2008. the implementation status of every ALRC report. The ALRC website includes a Six further reports (8%) have not been description of all implementation activity implemented to date but are under active that has occurred in relation to each consideration. These include the ALRC’s report since tabling. two reports completed in 2007–08—For Your Information: Australian Privacy Law and Practice (ALRC 108, 2008) and Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2008)—as well as the reports Fighting Words: A Review of the Sedition Laws in Australia (ALRC 104, 2006) and Same Crime, Same Time: Sentencing of Federal Offenders (ALRC 102, 2006). In 2007–08, the ALRC has placed the report Open Government: A Review of the Federal Freedom of Information Act 1982 (ALRC 77, 1996) on the list of reports under active consideration, with the recommendations being considered by the Australian Government consistent with Labor’s election policy on freedom of information laws. The report Personal Property Securities (ALRC 64, 1993) continues to be under active consideration with the release in May 2008 of the Exposure Draft Personal Property Securities Bill.
This leaves only four of the 75 reports (5%) completed by the ALRC that have not been implemented at all, and are not 44
ALRC Commissioners and Staff Back row from left to right: Ms Vicki Jackson, Ms Lani Blackman, Ms Carolyn Kearney, Mr Jonathan Dobinson, Ms Kate Connors, Ms Carolyn Adams, Ms Tina O’Brien and Ms Esther Naulumatua. Front row left to right: Ms Alayne Harland, Ms Maria Zacharia, Ms Erin Mackay, Mr Bruce Alston, Ms Lisa Eckstein, Ms Trisha Manning, Ms Dimitra Zinonos and Report on Operations
Ms Lucy Kippist. l
Seated left to right: Professor Rosalind Croucher, Mr Alan Kirkland and Emeritus Professor David Weisbrot AM. Absent: Professor Les McCrimmon. Annual Report 2007–08 45 Outputs Report stakeholders—after the final deadline for submissions. The ALRC requested an extension of the reporting date for each Output 1.1 Reports and inquiry in order to allow the views of those community consultation stakeholders to be taken into account in documents the preparation of the final reports.
Quality Extent to which publications are well received by stakeholders and stimulate Timely completion of references within public debate agreed parameters The ALRC’s primary stakeholders are the Australian Government and Parliament. The ALRC completed two Other core stakeholders—common to inquiries—the Privacy and Client most inquiries—include the judiciary, the Legal Privilege inquiries—in legal profession and academics. Each 2007–08. inquiry will have additional stakeholders, and may include other professionals and industries, peak associations and The ALRC’s reporting dates are normally community groups. incorporated into the Terms of Reference, settled before the ALRC begins any The discussion (above) relating to research on the subject under inquiry. positive critical feedback on the quality of reports provides one indication of the The reporting date for the Client Legal positive reception of ALRC publications by Privilege Inquiry was originally stakeholders. Another is the willingness of 29 November 2006. On 6 December stakeholder groups to make submissions 2007, the Attorney-General, Mr Robert and participate in consultation meetings McClelland, extended the reporting date and other ALRC events (also discussed to 24 December 2007. The Final Report above). of the Client Legal Privilege Inquiry was delivered to the Attorney-General on that The reaction to publications and their date. role in public debate is also indicated by the degree to which Commissioners and The reporting date for the Privacy Inquiry staff are invited to speak about current was originally 31 March 2008. On inquiries and consultation papers. In 11 February 2008, the Attorney-General 2007–08: extended the reporting date to 30 May 2008. The Final Report of the Privacy ÌÌ Commissioner Professor Rosalind Inquiry was delivered to the Attorney- Croucher delivered a speech ‘Client General on that date. legal privilege and federal investigatory bodies—emerging issues and themes’ In each of these inquiries, the ALRC at the 3rd Public Sector In-House received a number of submissions— Counsel Forum, Canberra, September including submissions from important 2007. 46 ÌÌ Commissioner Les McCrimmon ÌÌ The President presented ‘ALRC presented ‘Review of Australian Review of Privacy Law and Practice’ at Privacy Law: Credit Reporting the AusCERT Asia Pacific Information Provisions’ at the 17th LexisNexis Security, Queensland, May 2008. Credit Conference, Gold Coast, September 2007. Speaking engagements concerning past reports ÌÌ The President gave a presentation entitled ‘Review of Australian Privacy One indicator of the quality of ALRC Law’ at the KPMG and Information reports and inquiry work is the number Integrity Solutions Forum in Sydney, of requests received by the ALRC for October 2007. Commissioners and staff to speak about past ALRC reports and about law reform ÌÌ Professor Croucher presented in general. In 2007–08: ‘Client Legal Privilege and Federal Investigations—principled proposals’ ÌÌ the President presented ‘Law at the Australian Corporate Lawyers Reform and Public Policy: Courts, Association, Melbourne, November Commissions and the Academy’ 2007. at the Australasian Law Teachers Association in Perth, September 2007. ÌÌ Professor McCrimmon presented ‘Too Much or Not Enough: A Review of ÌÌ Carolyn Adams presented, ‘Adapting Australian Privacy Law’ for the Law the Law to the New Genetics: Privacy, Council of Australia Business Law Discrimination and Ethics’, at the Section, Sydney, November 2007. Melbourne University JD Program, November 2007. ÌÌ Professor McCrimmon presented ‘Future Options for Transborder Data ÌÌ Commissioner, Professor Rosalind Flow Regulation’ at the APEC Data Croucher delivered a speech ‘Law Privacy Pathfinder Seminar, February Reforming—the whys, wherefores 2008. and where-tos’, at the Legal Studies Teachers Conference in Sydney, ÌÌ The President presented ‘The ALRC August, 2007. Inquiry on Freedom of Information’ at the Queensland Independent A full list of speaking engagements is FOI Review Panel and ALRC Joint provided in Appendix G. Symposium in Brisbane, March 2008. Public debate Report on Operations
ÌÌ Professor Croucher presented The ALRC actively promotes public l a keynote address ‘Privilege in debate on issues raised during its Perspective—the ALRC’s Report on inquiries, and on law reform generally. Client Legal Privilege and Federal The ALRC monitors public discourse Investigations’ for Spark Helmore concerning issues raised by current and Lawyers, Sydney, April 2008. past inquiries by keeping a register of Annual Report 2007–08 47 media reports, journal articles, conference Almost half of the total media articles papers and parliamentary debates. monitored mentioned the release of the Privacy Discussion Paper 72, Review of Details of media releases issued, and Australian Privacy Law. Media coverage interviews conducted by the ALRC are included metropolitan and regional discussed in relation to Output 1.2 newspapers; financial, IT, health, legal (below). and government and online press; There was significant media interest and metropolitan and regional news and public discussion around the issues talkback radio; national television news addressed as part of current and recently and television breakfast programs. completed ALRC inquiries, in particular the privacy, client legal privilege and freedom of information inquiries—as well In 2007–08, the ALRC published as the publication of Reform 91, ’Animals’ two full consultation papers; (Summer 2007/08). and one overview consultation paper—distributing a total of 2,280 hard copies and 1,275 Media interest in the ALRC’s law copies on CD-ROM—a 20.7% reform work increased significantly increase on the total numbers in 2007–08, with 438 articles found distributed in 2006–07. These during the reporting period— documents also were published compared to 229 articles found in and widely accessed on the 2006–07. This is a 91.3% increase ALRC website. in coverage in the 2007–08 period compared to the previous year. At the start of each new reference, with assistance from its Advisory Committee and as a result of extensive There were a total of 216 articles relating consultations, the ALRC identifies a range to the release of the Privacy Discussion of stakeholders for each inquiry. These Paper (DP 72, Review of Australian Privacy individuals and organisations are sent Law); 53 articles covering the Client Legal copies of consultation papers immediately Privilege Issues and Discussion Papers upon their release. (IP 33 Client Legal Privilege and Federal Investigatory Bodies, and DP 73 Client The ALRC website also allows individuals Legal Privilege and Federal Investigatory and organisations to register an interest Bodies). in a particular inquiry, or to receive information via email or fax on the ALRC’s The ALRC found 62 articles on the activities. Freedom of Information Inquiry; 33 articles on Reform 91 ‘Animals’ and 74 People who register an interest in an articles on other ALRC inquiries. inquiry automatically receive consultation papers for that reference at no cost. 48 Recipients of ALRC publications are asked about their preferred format for receiving consultation papers and reports. Many elect to receive ALRC publications via CD-ROM or online, instead of in a traditional hard copy format. Given the size of DP 72—which extended to 1,977 pages over three volumes—the ALRC contacted all stakeholders to advise that the publication would be provided in CD-ROM format unless a hard copy was specifically requested. This significantly reduced the number of printed copies required—although the ALRC still distributed some 1,245 hard copies of DP 72.
Stakeholders in the Privacy Inquiry also were invited to nominate whether they would prefer to receive summary publications instead of the full version of each consultation paper.
The ALRC issued two full consultation papers in the reporting period: DP 72, Review of Australian Privacy Law; and DP 73, Client Legal Privilege and Federal Investigatory Bodies. Given the breadth of issues addressed in the Privacy Inquiry and the level of public interest in the Inquiry, the ALRC also produced an overview of DP 72, Review of Australian Privacy Law: An Overview.
Table 3. Distribution of consultation papers 2007–08
Consultation paper Date released Hard copies CD-ROMs distributed distributed DP 72 12 September 2007 1,245 1,240
DP 72 Overview 12 September 2007 486 n/a*
DP 73 26 September 2007 549 35 Total 2,280 1,275
*due to the small size of the DP 72 Overview, it was not made available on CD-ROM because availability from the website was considered adequate.
While the total number of hard copies of consultation papers was slightly less than the 2,499 distributed in 2006–07, the number of CD-ROMs was substantially higher than the 445 distributed in 2006–07. The total number of consultation paper distributed, including both formats, increased from 2,944 to 3,555—a 20.7% increase.
Consultation papers published during 2007–08 were also widely accessed through the Report on Operations
website, with 514,114 successful requests for DP 72; 63,201 successful requests for the l DP 72 Overview and 54,105 for DP 73. Annual Report 2007–08 49 Output 1.2 Information and Public speaking engagements education services to enhance ALRC members and staff are frequently community consultation and invited to speak at conferences and participation in the law reform seminars in relation to the ALRC’s process current or past work program, or in relation to law reform in general. In 2007–08, Commissioners and staff made Quality presentations at 45 separate functions on behalf of the ALRC. A list of these Provision of timely and accessible presentations is provided in Appendix G. information via website, media and articles in Reform and other journals Institutional visits The ALRC regularly hosts interstate and international visitors interested in In 2007–08, the ALRC: discussing general law reform issues or ÌÌ issued six media releases and particular issues relating to past or current conducted 78 media interviews; ALRC inquiries.
ÌÌ published two issues of the ALRC While the ALRC hosts many visits from journal Reform; and broad-based delegations of government officials or parliamentarians from other ÌÌ contributed 16 articles, chapters countries, the Commission places a
or papers to Reform and other particular priority on hosting visits by
journals and publications. representatives of overseas law reform
agencies. During 2007–08, the ALRC was pleased to welcome visitors from The ALRC promotes community the Solomon Islands Law Reform awareness of its work, and of law Commission; the Law Commission of reform in general, through its website, New Zealand; New Zealand Parliamentary media releases, the journal Reform and Counsel’s Office; Vanuatu Supreme Court contributions to other journals. Library; Legal Studies Association of New South Wales; Cyberspace Policy Center Regular contributions to external journals, for Asia Pacific; and Galexia. public speaking engagements and institutional visits Meetings with these visitors included discussion of current and past ALRC External journals inquiries, general law reform issues, In 2007–08, ALRC members and staff developments in international law, published 11 articles in external journals. operational matters, library management, A selected list of articles is included in legal studies syllabuses and opportunities Appendix G. Members and staff also for collaboration. regularly contribute to the ALRC’s own A list of visitors to the ALRC during journal, Reform. 2007–08 is included in Table 4. 50 Table 4. Visitors to the ALRC
Date Visitors
3 August 2007 Ms Anna Guthleben, Executive Officer of the Solomon Islands Law Reform Commission (SILRC), to discuss proposals for a visit to the ALRC by staff of the SILRC in late 2007.
24–26 September 2007 Ms Kate Anthony, Librarian, New Zealand Parliamentary Counsel’s Office; Mr Peter Adamson, Librarian, New Zealand Law Commission; and Ms Pauline Kalo, Librarian, Vanuatu Supreme Court Library; to discuss developments in library management and opportunities for collaboration.
27 November to Ms Anna Guthleben, Executive Officer; Ms Kathleen 6 December 2007 Kohata, Legal Officer; Mr Houlton Faasau, Legal Officer; and Mr Michael Pitakaka, Legal Officer of the SILRC, for the purposes of a study visit to the ALRC.
28 May 2008 The Right Hon Sir Geoffrey Palmer, President, Law Commission of New Zealand, to discuss privacy and general law reform issues.
12 June 2008 Ms Tracey McIntosh, HSC Legal Studies Association of New South Wales, to discuss the Legal Studies syllabus.
16 June 2008 Mr Claro Parlade, Executive Director, Cyberspace Policy Center for Asia Pacific, Phillipines; Mr Chris Connolly, Director, Galexia; and Mr Peter van Dijk, Director, Galexia; to discuss Australian, APEC and other international developments in privacy law.
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Annual Report 2007–08 51 Media animal rights be the next social justice movement?’, 3 March 2008); The ALRC issues media releases and briefing information at key stages in each Commissioners and staff of the ALRC inquiry. Media releases are distributed to conducted 78 interviews in 2007–08 with the general and specialised media outlets, print, radio and television and online as well as to individuals and organisations media outlets. The ALRC also responded that have expressed a specific interest in to numerous media inquiries and requests receiving information from the ALRC. They for background information. are also available on the ALRC’s website. Website In 2007–08, the ALRC’s media releases covered the following topics: The ALRC website is a vital means of communication for the ALRC, giving it ÌÌ the launch of the Australian Academy the ability to disseminate large amounts of Law on 17 July 2007 (‘Promoting a of information to a broad audience. healthy legal culture the focus of new Significant attention is paid to ensuring Australia’, 17 July 2007); that the website remains current, that its functionality and appearance assist ÌÌ the release of the Discussion Paper the user, and that it is compliant with all for the Privacy Inquiry (DP 72) (‘ALRC relevant online standards. proposes a more comprehensive credit reporting regime’, All consultation documents and final 12 September 2007); reports, including annual reports, are available online in HTML and as RTF and ÌÌ the release of the Discussion PDF downloads. Paper for the Privacy Inquiry (DP 72) (‘ALRC proposes overhaul of Often electronic and online versions of complex and costly privacy law’, consultation papers are made publicly 12 September 2007); available immediately upon completion of the document—before printed copies are ÌÌ the release of the Discussion Paper finalised—ensuring the quickest possible for the Client Legal Privilege Inquiry release of ALRC consultation documents (DP 73) (‘ALRC addresses costly to our stakeholders. disputes over client legal privilege’, 26 September 2007); Other features of the website include:
ÌÌ the tabling of the Final Report for the ÌÌ ‘plain English’ summaries of all current Client Legal Privilege Inquiry and past inquiries; (ALRC 107, 2008) (‘ALRC: overhaul Ì client legal privilege in federal Ì updates on implementation of past investigations’, 13 February 2008); recommendations; Ì ÌÌ the release of the ALRC’s journal Ì information on the role of the ALRC Reform, ‘Animals’ (91) (‘ALRC: will and its members; 52 ÌÌ information on the Reform journal, including full text articles of back issues;
ÌÌ a ‘Clearing House’ feature, providing a six-monthly update on all recent law reform publications and areas of law under review; and
ÌÌ links to, and contact details for, other law reform agencies (in Australia and overseas), including the Commonwealth Association of Law Reform Agencies (CALRAS)
Improving accessibility of publications on the web
The ALRC has a commitment to facilitating access by people with a disability. All website updates meet disability access standards. The ALRC is committed to improving access to past reports and consultation papers by making them available in a range of formats.
Quantity
There was a 6.5 per cent increase in hits on the ALRC home page from 2006–07 to 2007–08.
Number of successful requests
The link between the amount of traffic on the ALRC’s website and the level of general public interest in the ALRC’s current work program is very strong. Inquiries that attract significant media attention, and/or a large public stakeholder base—such as the Privacy Inquiry—lead to a further increase in the number of website hits recorded. When the ALRC’s work program involves inquiries with a more specialised group of stakeholders, website usage drops significantly.
Graph 1 shows the number of successful requests—or hits—on the ALRC’s home page by year, from 2001–02 to 2007–08. Report on Operations
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Annual Report 2007–08 53 Graph 1: Number of succesful requests on ALRC home page 2001-08
Table 5 shows the number of hits on the ALRC home page in six month blocks from 2005–06 to 2007–08.
Table 5. Successful requests for ALRC home page
Period Successful requests July–December 2005 710,881 January–June 2006 997,853 July–December 2006 901,300 January–June 2007 963,567 July–December 2007 976,344 January-June 2008 1,009,945
Successful hits continued to increase steadily in the 2007–08 period, indicating continued interest with the Privacy Inquiry as well as the Client Legal Privilege and Freedom of Information Inquiries.
The hits on the home page for 2007–08 increased by 6.5% compared to 2006–07. During this period, the ALRC released two Discussion Papers (DP 72, Review of Australian Privacy Law; and DP 73, Client Legal Privilege and Federal Investigatory Bodies); the Final Report for the Client Legal Privilege Inquiry (ALRC 107, Privilege in Perspective) was tabled in federal Parliament on 13 February 2008, and the Final Report for the Privacy Inquiry—For Your Information: Review of Australian Privacy Law and Practice (ALRC 108), was delivered to the federal Attorney-General. 54 These publications—particularly the Privacy publications—generated considerable interest from the media and the general public—and would account for the continuous high web hits experienced since January 2006 to June 2008.
In this context, a 6.5% increase in website hits across the year indicates continued community interest in the work of the ALRC.
Number of distinct hosts served
The number of ‘distinct hosts served’ on the ALRC website provides an indication of the number of different users visiting the ALRC website. A user might be an organisation with networked computers or an individual user with a stand-alone connection to the internet.
The number of distinct hosts served increased by 5.4% in the first half of 2007–08, which is most likely due to the high level of public interest, as described above. The number of distinct hosts then rose by 3.4% in the period January to July 2008.
Overall, the number of distinct hosts served increased by 11.6% from 2006–07 to 2007–08, which indicates that the ALRC has broadened its reach into the community.
Graph 2. Number of distinct hosts served on ALRC home page (www.alrc.gov.au pages) Report on Operations
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It should be noted that the ALRC website is divided into two separate sections—pages on the ALRC home page (which have a web address beginning www.alrc.gov. au); and a large database of publications, which are part of the Australasian Legal Information Institute (AustLII) website. The statistics referred to are for the home page section of the website. Annual Report 2007–08 55 ‘Reform’ journal The Reform Editorial Advisory Committee, which consists of academics, legal practitioners, journalists, judicial officers In 2007–08 the ALRC and teachers, meets approximately published two issues of the every 18 months to develop themes for journal Reform. upcoming issues. Reform ‘Juries’ (Issue 90, winter 2007) examined the state of the modern jury The journal Reform, published twice yearly system and questioned whether any in summer and winter, is an important reform is needed. ‘Juries’ provided a part of the ALRC’s community education focus for ABC radio presenter, Damien and information effort. Reform provides Carrick on the Law Report on 28 August quality discussion of law reform issues for 2007—which debated the use and effects a general audience, together with updates of CCTV images in criminal trials. on the work of the ALRC and an overview of current law reform projects within The 2007–08 summer edition of Reform, Australia and internationally. ‘Animals’, gained significant media coverage, with 33 articles appearing Approximately 1,300 copies of Reform are in publications including the Australian sold or distributed annually. Financial Review; Sydney Morning Herald; ABC Rural online; The Age; ABC Perth; Access to past editions of Reform has ABC Newcastle; ABC Brisbane; ABC increased with the addition of full-text Victoria; Lawyers Weekly and Radio 2UE articles on the ALRC’s website. Website Sydney. statistics indicate that during the most recent web survey period (January–June The ALRC continues to publish full articles 2008), there were 6,363 requests for the from back issues of Reform on its website. index page of Reform 91, ‘Animals’; and As Reform is a subscription journal, 1,374 requests for the index page of articles are published online two years Reform 86, ‘Sentencing’. after print publication.
56 Non-reference events: The Kirby Cup Law may affect interests such as the Reform Competition 2007 economy, the privacy of individuals, or the ability of public servants to The Kirby Cup was originally a debating provide frank and fearless advice. How competition for law students held should exemptions to the Freedom of every two years in association with the Information Act 1982 (Cth) be framed Australasian Law Reform Agencies in order to achieve this balance? Conference (ALRAC). The Cup itself is a perpetual trophy, donated by the Three teams were selected to progress to Honourable Justice Michael Kirby AC the final oral advocacy round, which was CMG, a current Justice of the High Court held at the University of Tasmania, Hobart, of Australia and the first Chairperson of on 10 July 2008, as part of the ALSA the ALRC. conference (just outside the reporting period). The finalists were Barbara Since 2006, the ALRC has coordinated Townsend and Karlo Tychsen (University the Kirby Cup in collaboration with the of Newcastle); Jennifer O’Farrell and Australian Law Students’ Association Jane Worrall (University of Tasmania); (ALSA). and Nicholas Blaker and Sergey Kinchin (James Cook University). Barbara To enter the 2008 competition, teams Townsend and Karlo Tychsen from the of two law students were required to University of Newcastle were the winners provide a written submission to the of the 2008 Kirby Cup. ALRC’s Freedom of Information Inquiry, addressing the question: The submissions received from the three finalist teams were treated as formal Freedom of information laws attempt submissions to the ALRC’s Freedom of to achieve a balance between Information Inquiry and the submission of the interest in open, transparent the winning team will be published in the government decision-making, and summer 2008–09 issue of Reform. the need to protect information that
Judges and Finalists from the Kirby Cup Competition 2008 Back, left to right: University of Tasmania team; Judges: the Hon
Justice Pierre Slicer Report on Operations
(Supreme Court of l Tasmania), Simon Allston (Tasmanian Ombudsman), and Professor Rosalind Croucher (ALRC Commissioner); James Cook University team.
Front: University of Annual Report 2007–08 Newcastle team. 57 Launch: Australian Academy of Law
Foundation Fellows at the Australian Academy of Law Launch, Government House, Brisbane, July 2007
Launched on 17 July 2007, the Australian Academy of Law (AAL) is the fifth learned Academy in Australia and is the culmination of a process begun with the Australian Law Reform Commission’s landmark report, Managing Justice: a review of the federal civil justice system (ALRC 89, 2000).
Managing Justice traced the rapid growth, diversification and fragmentation of the Australian legal profession, and the serious challenges these present to the maintenance of a coherent professional identity and traditional collegiate approaches.
Without positive action the single ‘legal profession’ could become a multiplicity of ‘legal occupations’, none of which see themselves as part of a larger whole. 58 Launch:
The existence of the Australian Academy of Law is a key aspect of the positive action recommended in Managing Justice, bringing together the three strands of the Australian Academy of Law legal profession—the judiciary, legal practitioners and legal academics—united in promoting high standards of learning and conduct and appropriate collegiality across the profession. AAL Launch The launch of the AAL was held at Government House in Brisbane, with addresses by Her Excellency, Ms Quentin Bryce AC, Governor of Queensland; the Hon Philip Ruddock MP, Attorney-General; the Hon Murray Gleeson AC, Chief Justice of Australia; and Professor David Weisbrot AM, the President of the ALRC.
These formalities were followed by a symposium entitled ‘Fragmentation or consolidation? Fostering a coherent professional identity for lawyers’. The symposium was opened by Professor Weisbrot and featured a panel discussion, chaired by ALRC Commissioner, Professor Rosalind Croucher. Academy of Launch Law FEATURE:
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(Left to right) Her Excellency Ms Quentin Bryce, Chief Justice
Gleeson and Attorney-General Philip Ruddock Annual Report 2007–08 59 Objectives The objects of the Academy, set out in the AAL Constitution, include:
ÌÌ To establish and advance funds to provide scholarships and research grants which advance legal education and the discipline of law and promote ethical conduct and professional responsibility.
ÌÌ To promote the highest standards of legal scholarship, legal research, legal education, legal practice, and the administration of justice.
ÌÌ To promote the continuous improvement of the law and of the operation of the legal system.
ÌÌ To promote the highest standards of ethical conduct and professional responsibility amongst all members of the legal community, including the use of legal skills not merely for material personal reward but also in the service of society.
ÌÌ To enhance understanding and observance of the rule of law, and community understanding of the role and function of law, lawyers, the legal profession, and the judiciary.
ÌÌ To provide a forum for cooperation, collaboration, constructive debate and the effective interchange of views amongst all branches of the legal community on all matters relating to the achievement of these objects.
Chief Justice Murray Gleeson and Justice Susan Kiefel 60 ALRC President, Emeritus Professor David Weisbrot AM
Patron Under clause 11 of the Australian Academy of Law’s Constitution, the Directors may appoint by invitation the Chief Justice of the High Court of Australia to be Patron of the Academy.
The Foundation Patron of the Academy was the Hon Chief Justice Murray Gleeson AC, whose term expired on his retirement on 29 August 2008 (just outside the current reporting period). Membership Categories Admission to membership is detailed in the Constitution and is limited to around 400 members, in line with the other learned academies in Australia, and includes: Fellows, Life Fellows, Ex-officio Fellows and Honorary Fellows. Academy of Launch Law
Fellows are invited or admitted to membership by the Directors on the basis of their exceptional distinction in the discipline of law and their demonstrable commitment to the objects of the Academy. FEATURE:
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Life Fellows are those who have been Fellows for at least 15 years.
Ex-officio Fellows include a range of senior judges, legal practitioners and legal academics.
Honorary Fellows are those, not ordinarily resident in Australia, who meet the criteria for Fellow and are invited by the Directors to become Honorary Fellows. Annual Report 2007–08 61 Foundation Fellows The Foundation Fellows of the Academy were:
Professor Donald Chalmers (Dean, University of Tasmania) Professor Hilary Charlesworth AO (Australian National University) The Hon Justice Terence Connolly (Supreme Court, Australian Capital Territory) Professor Michael Coper (Chair, Council of Australian Law Deans; and Dean, Australian National University) Professor Rosalind Croucher (Commissioner, Australian Law Reform Commission) Associate Professor Andrea Durbach (University of New South Wales) Professor Paul Fairall (Dean, University of South Australia) Mr Glenn Ferguson (Solicitor, Queensland) The Hon Justice Robert French (Federal Court, Western Australia) His Hon Judge John Goldring (District Court, New South Wales) The Hon Justice Susan Kenny (Federal Court, Victoria) The Hon Justice Susan Kiefel (Federal Court, Queensland) The Hon Justice Kevin Lindgren (Federal Court, New South Wales) The Hon Justice Margaret McMurdo AC (President, Court of Appeal, Queensland) The Hon Justice Marcia Neave AO (Court of Appeal, Victoria) The Hon Justice Robert Nicholson AO (Federal Court, Western Australia) Dr Melissa Perry QC (Barrister, South Australia and New South Wales) The Hon Justice Ronald Sackville (Federal Court, New South Wales) Professor Cheryl Saunders AO (University of Melbourne) The Hon Justice Ralph Simmonds (Supreme Court, Western Australia) The Hon Justice Stephen Southwood (Supreme Court, Northern Territory) The Hon Justice Margaret Stone (Federal Court, New South Wales) Ms Pamela Tate SC (Solicitor-General of Victoria) Professor Margaret Thornton (La Trobe University) Ms Anne Trimmer (Solicitor, Australian Capital Territory and New South Wales) The Hon John von Doussa QC (President, Human Rights and Equal Opportunity Commission; and Chancellor, University of Adelaide) Mr Bret Walker SC (Barrister, New South Wales) Emeritus Professor Louis Waller AO (Monash University) Professor Kate Warner (Director, Tasmania Law Reform Institute) The Hon Justice Mark Weinberg (Federal Court, Victoria) Emeritus Professor David Weisbrot AM (President, Australian Law Reform Commission) The Hon Justice Margaret White (Supreme Court, Queensland) 62
Australian Academy of Law website produced by the ALRC www.academyoflaw.org.au
In February 2008 the ALRC launched a website for the Australian Academy of Law. The ALRC registered the domain name www.academyoflaw.org.au on behalf of the Academy. AustLII agreed to host the website at no charge.
Designed internally at the ALRC, the site includes contact details for the AAL, information about the Constitution, admission, members and events. Academy of Launch Law FEATURE:
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Annual Report 2007–08 63 Corporate Governance
Executive Director, Mr Alan Kirkland 2007–08 Corporate Governance Framework
Australian Law Reform Commonwealth Authorities & Commission Act 1996 (Cth) Companies Act 1997 (Cth) (CAC Act) (ALRC Act) Reporting and accountability legislation Enabling legislation
Australian Law Reform Commission
REPORTING OBLIGATIONS Board of Audit set out under the CAC Act Management Committee CORPORATE PLAN 2006–08 Documents the ALRC’s goals, objectives and key priorities
Role and Quality and quantity functions PERFORMANCE measures for set out in ALRC Act MEASUREMENT outcomes and outputs Corporate Governance
Accountability to Government l through CAC Act reporting requirements Annual Report 2007–08 2007–08 65 Statement of (also known as Commissioners). Each member is appointed by the Governor- Governance General on either a full-time or a part-time basis. The President and Deputy President Ministerial powers must be full-time members.
The Minister responsible for the ALRC is Under s 6(2) of the ALRC Act, the the Attorney-General of Australia. Until the Commission’s functions and powers are general election held on 24 November not affected by vacancies in any position. 2007, the Attorney-General was the Hon Following the announcement of her Philip Ruddock, MP. Since the formation of appointment to the High Court of the new Government, the Attorney-General Australia, Justice Susan Kiefel tendered has been the Hon Robert McClelland, MP. her resignation as a part-time member Under s 20 of the Australian Law Reform of the ALRC. Justice Kiefel’s resignation Commission Act 1996 (the ALRC Act), took effect from the commencement of the Attorney-General may refer matters her appointment to the High Court, on to the ALRC for review. In 2007–08, one 3 September 2007. new matter was referred to the ALRC—a Justice Berna Collier was appointed a review of the Freedom of Information Act part-time Commissioner for a term of three 1982 (Cth) (the Freedom of Information years, commencing on 2 October 2007. Inquiry). Professor Les McCrimmon was This Inquiry was deferred by the Attorney- reappointed as a full-time member of the General Mr McClelland on 22 July 2008, ALRC twice during 2007–08. Professor just outside the current reporting period. McCrimmon was reappointed for three Under s 28 of the Commonwealth months—from 3 January 2008 to 3 April Authorities and Companies Act 1997 2008—during the caretaker period prior (Cth) (the CAC Act), the Attorney-General to the 2007 general election, and then may advise the ALRC of a requirement reappointed following the election, for the to comply with a general policy of the period 4 April 2008 to 30 June 2009. Australian Government. During 2007–08, Remuneration the ALRC was not required to comply with any additional Australian Government The Commonwealth Remuneration policies. Tribunal determines the remuneration for all ALRC members. Members of the Commission Full Commission meetings Changes in membership A meeting of all full-time and part-time ALRC members—known as the Full The ALRC Act s 6(1) states that the ALRC Commission—is convened twice a year. shall consist of a President, Deputy These meetings provide an opportunity to President and at least four other members discuss the progress of current inquiries, 66 the ALRC’s financial performance and other matters of interest to Commissioners. A Full Commission meeting was held in Sydney on 29 November 2007, with the following meeting scheduled to occur just outside the reporting period, on 24 July 2008. Divisions Section 40 of the ALRC Act permits the President to constitute Divisions of the ALRC, which identify the members of the ALRC who are formally responsible for each inquiry. One full-time Commissioner generally manages each reference team, although all full-time Commissioners and the nominated part-time Commissioners normally assume collegial responsibility in relation to the findings and recommendations in all references.
Table 6. Divisions of the ALRC 2007–08
Division Membership
Privacy Inquiry Professor David Weisbrot (President) Professor Les McCrimmon † Professor Rosalind Croucher Justice Susan Kiefel* Justice Susan Kenny Justice Robert French Justice Berna Collier**
Client Legal Privilege Inquiry Professor David Weisbrot (President) Professor Rosalind Croucher† Professor Les McCrimmon Justice Susan Kiefel* Justice Susan Kenny Justice Robert French Justice Berna Collier**
† Commissioner in charge of the reference Corporate Governance
* Until 3 September 2007 l
■** From 2 October 2007 Annual Report 2007–08 67 Board of Management
The Board of Management—a requirement under the ALRC Act—is constituted by the President and other full-time Commissioners of the ALRC. While Divisions have responsibility for legal policy decisions relating to specific references, the Board of Management is the ALRC’s governance body, with responsibility for general oversight of ALRC operations, including budget and policies.
The dates of Board meetings in 2007–08 and the attendance of Commissioners at those meetings are set out in Table 7.
Table 7. Attendance at Board of Management meetings in 2007–08
13 Aug 07 26 Oct 07 29 Nov 07 26 Feb 08 14 Apr 08 2 Jun 08 David Weisbrot
Les McCrimmon
Rosalind Croucher
Staff representatives routinely attend Board of Management meetings at the open invitation of the Board. The Audit Committee is the only sub-committee of the Board of Management.
Audit Committee
In accordance with s 32 of the CAC Act, the ALRC has an Audit Committee to oversee compliance with financial and auditing obligations and to liaise with external auditors.
The role of the Committee is directed towards:
ÌÌ enhancing the control framework;
ÌÌ improving the objectivity and reliability of externally published financial information; and
ÌÌ assisting the Board to comply with legislative and other obligations.
The audit committee consists of a full-time Commissioner, the Executive Director and the Finance Manager.
68 During 2007–08, the members of the Audit Committee were:
Commissioner: Professor Les McCrimmon
Executive Director: Mr Alan Kirkland
Finance Manager: Mr Keith Rainey (Acting) (until 3 February 2008)
Ms Maria Zacharia (from 4 February 2008)
A representative of the Australian National Audit Office is invited to attend meetings of the Audit Committee.
The Audit Committee met on 11 February 2008.
Audit
Under s 8 of the CAC Act, the Auditor-General inspects and audits the accounts and records of the ALRC’s financial transactions and assets. The audit of the 2007–08 financial statements was performed by the Australian National Audit Office (ANAO).
Given its small size, the ALRC has no internal financial audit process.
Internal ALRC Policies
The ALRC’s Policy Manual provides policies, guidelines and procedures on a range of administrative matters, including Finance, Human Resources, Information Management, Interns, and Media and Publications. ALRC policies are regularly reviewed and revised as required. New and revised policies are approved by the Board of Management.
Policies that concern interaction with members of the public are published on the ALRC website.
New staff members are advised of ALRC policies as part of the induction process and all staff have electronic access to the policy manual. Staff awareness of policies is maintained through the ALRC’s internal newsletter. Compliance with ALRC policies is a criterion in each employee’s annual performance appraisal.
A list of the ALRC policies is included in Appendix B. Corporate Governance
l Ethics
The ALRC attempts to foster a culture of integrity, honesty and fairness in the workplace and actively seeks to comply with all relevant laws, regulations, codes and government standards. Annual Report 2007–08 69 The Code of Conduct outlines the expectations applied to staff in relation to their conduct in the performance of their job, including interactions outside and within the workplace. The ALRC Code of Conduct requires all employees to comply with certain standards when acting in the course of their employment, including to:
ÌÌ behave honestly and with integrity;
ÌÌ act with care and diligence;
ÌÌ treat everyone with respect and courtesy, and without harassment;
ÌÌ comply with all applicable Australian laws;
ÌÌ comply with any lawful and reasonable direction given by someone employed by the ALRC who has authority to give the direction;
ÌÌ maintain appropriate confidentiality about dealings;
ÌÌ disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with their employment; and
ÌÌ use ALRC resources in a proper manner.
Independent professional advice
Board of Management members have the right, with the agreement of the President, to obtain at the ALRC’s expense independent professional advice relevant to the discharge of their responsibilities. No such advice was sought by individual members of the Board of Management during 2007–08.
Conflict of interest
Section 39 of the ALRC Act requires members to disclose any material personal interest in a matter under consideration by the Commission. There were no such disclosures in 2007–08.
In accordance with Australian Public Services guidelines, full-time members of the ALRC and the Executive Director make annual declarations of private interests, which are inspected by the President and then provided to the Attorney-General. Updated declarations of interest will be provided to the Attorney-General early in 2008–09.
Director indemnity
The ALRC carries directors’ and officers’ liability insurance. Details are as follows: 70 Directors insured:
Emeritus Professor David Weisbrot AM—President
Professor Les McCrimmon—Commissioner
Professor Rosalind Croucher—Commissioner
Nature of liability Damages arising as a consequence of a wrongful act of a director, including an error by omission or commission; a mistatement or misleading statement; or negligent breach of duty. Insurance premium $1,611.50 in 2007–08.
The ALRC has not indemnified or agreed to indemnify any current or former officer against a liability other than by coverage under the directors’ and officers’ liability insurance.
Risk Management
The ALRC has continued to assess and manage its risks through:
ÌÌ appropriate levels of insurance, including cover for public liability, directors’ liability, and property loss or damage, with nature and levels of cover reviewed annually;
ÌÌ a positive approach to occupational health and safety, based on preventative strategies and early response to injury;
ÌÌ provision of training to staff to ensure that they understand their responsibilities and have the skills necessary to fulfil their responsibilities;
ÌÌ transparent reporting of financial management and operational matters, both internally and externally; and
ÌÌ administrative policies aimed at preventing fraud and managing risk. Corporate Governance
In accordance with s 8.14 of the Commonwealth Fraud Control Guidelines, the ALRC l is required to collect any information relating to fraudulent matters and report it to the Attorney-General’s Department. No fraudulent activity was detected in 2007–08.
In June 2008, the ALRC engaged Oakton Consulting to conduct a fraud risk assessment and to review the ALRC Fraud Control Plan, in accordance with the Commonwealth Fraud Control Guidelines. The risk assessment indicated that the ALRC has adequate Annual Report 2007–08 71 controls in place, with all relevant risks being classified as ‘low’ or ‘negligible’. The Fraud Control Plan, which will be considered by the Audit Committee and Board of Management early in 2008–09, recommended some minor improvements to the ALRC’s control measures, which have been implemented.
Corporate Planning
The Corporate Plan 2006–08 is publicly available on the ALRC’s website and is reproduced in Appendix A.
The ALRC vision is for:
Just, fair and efficient laws that reflect and advance the nation’s social and economic interests.
The Corporate Plan sets three primary goals for the ALRC:
1. to provide effective, independent and timely expert advice to the Attorney-General and Parliament;
2. to ensure broad-based consultation in developing recommendations for reform; and
3. to promote the role of law reform.
The Corporate Plan includes a number of strategies to assist in achieving these goals.
The Corporate Plan will be reviewed in 2008–09.
External Scrutiny and Controls
Parliamentary scrutiny
Representatives of the ALRC regularly appear at Senate Estimates Committee hearings, to answer questions about the ALRC’s operations.
The ALRC President was required to attend Senate Estimates Committee hearings in Canberra on 18 February 2008, but ultimately was not called to give evidence before the Committee.
Court and tribunal decisions
There were no judicial decisions or decisions of administrative tribunals during 2007–08 that involved the ALRC or had a significant impact on the operations of the ALRC. 72 Commonwealth Ombudsman
No issues relating to the ALRC were referred to the Commonwealth Ombudsman’s office.
Corporate Management
Staffing
Employees of the ALRC are appointed under s 43 of the ALRC Act. The ALRC’s average, full-time equivalent staffing level in 2007–08 was 19.37. At the close of the reporting period, on 30 June 2008, the ALRC’s full-time equivalent staffing level was 21. This figure does not include Commissioners, or temporary staff engaged through agencies.
Since 1996, all staff appointed under s 43 have been appointed on a fixed term renewable basis, in accordance with the ALRC’s Certified Agreement.
Table 8. ALRC Staff 2007–08 Executive Director Alan Kirkland Corporate Support Maria Zacharia Finance Manager (on leave until 4 February 2008) Dimitra Zinonos Finance Assistant Greg Diggs Payroll Officer Trisha Manning Receptionist Esther Naulumatua Administrative Assistant Research and Records Lani Blackman Research Manager Carolyn Kearney Librarian Communications Corporate Governance
Michelle Hauschild Communications Manager (on leave from 16 July 2007) l
Becky Bowyer Communications Officer (on leave from 31 March 2008) Lucy Kippist Communications Officer Vicki Jackson Acting Communications Manager Annual Report 2007–08 73 Privacy Inquiry (completed May 2008) Carolyn Adams Senior Legal Officer Bruce Alston Senior Legal Officer Kate Connors Senior Legal Officer (from 2 January 2008) Isabella Cosenza Senior Legal Officer (from 2 January 2008)
Jonathan Dobinson Senior Legal Officer
Althea Gibson Legal Officer (on leave until 6 March 2008)
Lauren Jamieson Legal Officer (until 15 January 2008)
Huette Lam Legal Officer (until 30 May 2008)
Lisa Eckstein Legal Officer Erin Mackay Legal Officer Alex O’Mara 25 February to 23 May 2008 Ed Santow Legal Officer (until 14 December 2007) Tina O’Brien Executive Assistant (from August 2006)
Client Legal Privilege (completed December 2007) Kate Connors Senior Legal Officer Isabella Cosenza Senior Legal Officer Alayne Harland Executive Assistant
Table 9. Staffing profile, as at 30 June 2008
ALRC Classification Men Women Full-time Part-time Total
Executive Director 1 1 1 (SES-equivalent) ALRC 6 ($79,683–100,940) 2 4 5 1 6
ALRC 5 ($79,683–89,684) 2 1 1 2
ALRC 4 ($44,576–73,678) 3 1 2 3
ALRC 3 ($58,162–73,678) 1 1 1
ALRC 2 ($44,576–56,468) 1 6 2 5 7
ALRC 1 ($32,203–45,914) 1 1 1
Totals 4 17 11 10 21 74 Full-time equivalent staff as at 30 June 2008: 21 Employment conditions
Collective Agreement For the first part of 2007, all ALRC staff members other than the Executive Director were covered by the ALRC Certified Agreement 2003–06. A new agreement—the ALRC Union Collective Agreement 2007–10—was registered on 27 July 2007 and took effect from that date.
As at 30 June, this agreement covered all employees other than the Executive Director.
The new agreement provides for annual salary increases of 4.2%, as well as a range of measures intended to facilitate retention of older employees and employees with family and/or carer responsibilities. These include:
ÌÌ an extension of paid maternity leave from 12 to 14 weeks;
ÌÌ an extension of paid parental leave from one to two weeks;
ÌÌ eligibility for parental leave in relation to long-term foster care placements;
ÌÌ introduction of paid adoption leave; and
ÌÌ provision for older workers to sacrifice up to 100% of salary into superannuation.
In line with Australian Government policy, these and other enhancements in conditions are offset by a range of measures to increase productivity, including changes to the performance appraisal system and streamlining of flextime arrangements.
In accordance with s 43(2) of the ALRC Act, the agreement was approved by the Attorney-General before it was submitted to a ballot of staff. Performance rewards and bonuses The ALRC Union Collective Agreement 2007–10 includes a salary scale, with each paypoint in the scale representing a 3% increase in salary. The performance appraisal provisions of the Agreement allow for good performance to be rewarded through a mixture of movement up the salary scale and one-off bonuses, as summarised below:
Performance Rating Outcome Corporate Governance
Exceptional performance 2 pay point increase l
Performance between strong and 1 pay point increase plus bonus of exceptional up to 3% of salary
Strong performance 1 pay point increase
Performance between adequate and strong Bonus of up to 2% of salary Annual Report 2007–08 Adequate performance No salary advancement 75 When an employee reaches the maximum The EEO Policy also sets out procedures pay point for his or her position, the to ensure concerns and complaints are President has the discretion to grant a dealt with in a prompt and appropriate bonus of up to 3% of annual salary. The manner. President also has a general discretion to award a bonus of greater than 3% on The Reasonable Adjustment Guidelines the basis of performance. The Executive are designed to assist in fulfilling Director, who was employed under an the ALRC’s legal and organisational Australian Workplace Agreement, was responsibilities for providing a workplace eligible for a performance-related bonus that allows employees, contractors under the terms of that Agreement. and interns with a disability to compete for vacancies and pursue careers as During 2007–08, 11 employees were paid effectively as people who do not have a performance bonus. The total awarded a disability. The Guidelines require in bonus payments for 2007–08 was management to consider whether it is $29,390, with an average payment of necessary and reasonable to make an $2,672. adjustment to remove a barrier to enable a person with a disability to achieve equal Details of total remuneration expenditure opportunity, equal participation or equal in 2007–08 are provided in the financial performance at work. statements. The ALRC invites all new staff to Equal employment opportunity participate in a voluntary EEO survey (EEO) that allows the organisation to track the numbers of staff who are from groups The ALRC is committed to equal or communities that are specifically opportunity in employment (EEO). EEO identified in the EEO Policy. All information principles are applied in recruitment collected through the survey is treated as practices, and by providing equality of confidential and is used only for reporting opportunity for training and development in a de-identified manner. for all employees. As at 30 June 2008, 17 of the ALRC’s The ALRC has an EEO Policy and 21 staff were female. A breakdown of staff Reasonable Adjustment Guidelines. by gender and classification is provided in The EEO Policy is a statement of the Table 9. ALRC’s commitment to the goals of Family-friendly workplace equal opportunity and affirmative action in employment, and aims to provide a The ALRC is strongly committed work environment for staff, contractors to providing a family-friendly work and interns that fosters fairness, equity environment and enabling its staff to be and respect for social and cultural employed, as far as possible, in a way diversity, and that is free from unlawful that is consistent with family and other discrimination, harassment or vilification. personal responsibilities. 76 The ALRC Union Collective Agreement organises tailored training for groups of 2007–10 contains a number of conditions employees with similar needs. that are intended to ensure family-friendly work practices. These include: In 2007–08, the ALRC funded training in relation to desktop publishing, web Ì formal flextime arrangements for design, first aid and fringe benefits tax. most categories of employees and a discretionary time-in-lieu system for In addition to formal training, the ALRC senior staff; also allows professional development funds to be used to allow staff to attend Ì the ability to ’purchase’ additional relevant conferences or seminars. annual leave; Study assistance in the form of Ì flexibility in the use of personal leave discretionary leave or reduction of work to care for family members; and hours is available to staff undertaking tertiary studies at undergraduate and Ì generous maternity, adoption and postgraduate levels. Two employees parental leave provisions, as outlined sought and obtained approval for paid under ‘Collective Agreement’ on study leave in 2007–08. page 75.
In 2007–08, a number of staff members Occupational Health & Safety were permitted to work part-time in order (OH&S) to meet family or personal commitments. Five staff members had approval to The ALRC recognises its responsibility work from home on a regular, part-time to provide a healthy and safe workplace basis. The ALRC has provided these for employees and to provide employees staff members with external access to with workplace-based, easily accessible the ALRC computer system and, where information on health and safety matters. necessary, computer software and access The ALRC has an Occupational Health to information technology support for work and Safety Policy, which states that purposes. the ALRC will provide and maintain the Staff development highest degree of health, safety and welfare of all employees by aiming to prevent all injury and illness potentially The performance appraisal process is caused by working conditions. the main mechanism for determining
professional development needs of Corporate Governance New staff are provided information on employees but the ALRC also considers occupational health and safety as part l
requests for education and training of the induction process, including as they arise. The ALRC budgets for information on how to check that professional development within each workstations and chairs are correctly work unit and at a whole-of-organisation adjusted. Staff members are provided level. Where appropriate, the ALRC with regular tips on workplace health Annual Report 2007–08 Annual Report 77
2007-08 Annual Report.indd Sec1:77 18/09/2008 3:57:07 PM and safety through the ALRC’s internal The Library also has a presence within newsletter. The ALRC makes every effort the various networks of law libraries to ensure that staff have the equipment in Australia and New Zealand. These that they require to fulfil the requirements networks are invaluable for sharing of their job without risk to health. expensive resources and providing a voice for libraries in the wider community. As a workplace health initiative under the Certified Agreement, the ALRC provides The Library is supported by library free and voluntary influenza vaccinations management software that has been to staff in autumn each year. adapted for the ALRC’s needs. This software tracks expenditure and Occupational health and safety is provides a user-friendly interface for overseen by the OH&S Committee, Commissioners, staff and interns seeking comprised of the Executive Director and access to resources. four other staff members. The Library is the ALRC’s gateway for Michael Kirby Library locating updated news and legal materials worldwide that are relevant to the ALRC’s The ALRC’s Michael Kirby Library current research. contributes directly to the Commission’s The Librarian is responsible for creating research outcomes through the provision and maintaining the ALRC intranet, which of information, materials and reference is a key research tool for legal staff. As services. well as links to general legal resources During 2007–08, the library continued and the library catalogue, in 2007–08 the to support the work of the staff of the intranet resources for the Privacy Inquiry ALRC through organisation and delivery and Client Legal Privilege Inquiry were of journal subscriptions, monograph updated, and a new section was created purchases, online databases, inter- for the Freedom of Information Inquiry. library loans and reference services. This Due to the increased availability of includes continuous evaluation of new internet-based information resources, and existing subscriptions and services in 2007–08 the work of the Librarian in order to meet the changing needs of in locating online current awareness ALRC staff working on new and continuing services, and disseminating relevant inquiries. electronic information to staff, was The collection of the Michael Kirby Library expanded. is housed at the ALRC and consists of approximately 300 journals and 4,000 Information technology monographs, plus subscriptions to online services, journal indexes and reference The maintenance and development of the materials. ALRC computer system is overseen by specialist external consultants, with basic support provided by ALRC staff. 78 During 2007–08, improvements to the IT Consultancies system included: During 2007–08, the ALRC entered Ì an upgrade of firewall security, to into three new consultancy contracts, reduce security risks arising from staff which provided the ALRC with advice or logging in remotely; services relating to its fraud control plan (Oakton AA Services Pty Ltd); the Privacy Ì an upgrade of all desktop computers Inquiry (Applied Economics); and rent and monitors, including a transition to review (BEM Property Consultants P/L). the Microsoft Vista operating system; These contracts involved total actual and expenditure of $16,552 and each were for Ì the upgrade of a server used for the amounts under $10,000. records management system. In addition, three ongoing consultancy An upgrade of the ALRC’s records contracts were active during 2007–08, management software was purchased, involving actual expenditure of $94,182.45 with installation planned for early 2008–09. (see Table 10, page 83).
Consultancy services are used when Purchasing there is a requirement for a specialist service that cannot be undertaken Purchasing policy by the ALRC due to lack of in-house Purchasing within the ALRC is expertise, insufficient resources, or where guided by the Purchasing Policy and independent advice is required—for Procedures, which are consistent with the example, in relation to technical IT Commonwealth Procurement Guidelines support. Value for money is always a (January 2005). critical factor in any decision to engage a consultant. The Purchasing Policy sets value for money as the core principle in procurement decisions. Value for money is determined with reference to efficiency, effectiveness, accountability, transparency, ethics, industry, Australian Government policies and environmental considerations.
The ALRC publishes an Annual Corporate Governance Corporate Governance
Procurement Plan on the Austender l
website. The ALRC did not instigate
any ‘covered procurements’, within the meaning of the Commonwealth Procurement Guidelines, during 2007–08. Consequently, the mandatory procurement procedures did not apply. Annual Report 2007–08 Annual Report 79
2007-08 Annual Report.indd Sec1:79 18/09/2008 4:15:29 PM ALRC Internships: Invaluable experience in law reform
As part of its wider role in engaging the community in law reform activities, the ALRC operates an internship program for law students. Internships are voluntary, and provide students with the opportunity to undertake applied legal research work in a professional environment.
The program is very competitive, attracting a high standard of applicant. Students are usually in their penultimate or final year of an undergraduate or graduate law degree, but in 2007–08 interns included a Masters student and a PhD candidate.
Ms Christina Trahanas and Ms Megan Caristo
Mr Michael Wells 80 I walked into the Australian Law Reform Commission. A place staffed with a team of superb intelligence and character, I found there an engagement with law that was creative, dynamic, pragmatic. As a student volunteer on the inquiry into the Privacy Act 1988 (Cth) I learned what it really means to question what the law could be. It was liberating. Enriching. It cemented so much of what I had learned at law school. It also went far, far beyond it.
Fiona Roughley University of Sydney Law School Summer 2007–08
Ms Fiona Roughley
The program also attracts applicants from overseas. The ALRC receives regular applications from law students and graduates in Germany and the United Kingdom, and the ALRC has arrangements with two universities in the United States to provide placements through their summer externship programs. Overseas applicants are considered where the applicant meets the ALRC selection criteria and it is considered that the applicant can contribute to the ALRC work program. In 2007–08, one student from the University of Maryland School of Law completed an internship, working full time for six weeks at the ALRC office in Sydney, and one PhD student from Cambridge University worked for four weeks full time. All funds needed to support overseas interns are provided by the interns themselves or through support from their home university. Internships FEATURE:
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Annual Report 2007–08 Annual Report
Ms Naomi Oreb Ms Elizabeth Favaloro 81
2007-08 Annual Report.indd Sec1:81 18/09/2008 4:00:15 PM A total of 10 students completed internships with the ALRC in 2007–08, drawn from: Macquarie University; the University of New South Wales; the University of Queensland; the University of Sydney; the University of Western Sydney; the University of Maryland School of Law; and Cambridge University.
The ALRC provides information for law student career guides to further promote its work to future lawyers, and to publicise the internship program. In 2007–08 the ALRC provided information for inclusion in careers guides published by law student societies at the Australian National University, La Trobe University, the University of Melbourne, Monash University, and the University of Technology, Sydney. The Executive Director made a presentation to students at the University of New South Wales as part of Government Careers Week in October 2008.
Ms Jocelyn Williams
Mr Kelvin Liew and Mr Michael Evry 82 Table 10: Consultancies
Nature and purpose of Contract price for Consultant Selection process Justification consultancy consultancy*
Able Financial Bookkeeping management advice $ 48,848.20 * Direct engagement A, B Services and reporting
AustLII Web hosting $15,000.00 Direct engagement A, B
Maintenance and Working upgrades of IT $30,334.25 Direct engagement A, B, C Technology network and software
* This contract represented consultancy services brought in to replace the ALRC Finance Manager who was on maternity leave.
Key to Justification: A: Skills currently unavailable within agency. B: Need for specialised or professional skills. C: Need for independent research or assessment. Corporate Governance
l
Annual Report 2007–08 83 Summary of Financial to an increase in the expenditure on leave and other entitlements. Performance The ALRC’s depreciation and amortisation expense declined by $0.013m. Financial Outcomes Equity Operating Outcome The ALRC’s total equity decreased by The 2007–08 financial statements show an $0.211m due to the operating deficit. operating deficit of $0.211m. The deficit is largely due to greater than expected Total assets expenditure on the Privacy Inquiry. This The ALRC’s total assets increased by Inquiry involved the most significant $0.019m. community consultation effort in the ALRC’s 33-year history. As a result, the Total liabilities costs of publications, including the final The ALRC’s total liabilities increased by report, were higher than usual. Delays $0.188m. in provision of submissions by key stakeholders led to an extension in the Cash flow statement reporting date for the Inquiry, which in Overall, there was a decrease in the turn led to increased employee expenses. ALRC’s cash balance by $0.083m. Other factors that have contributed to the size of the operating deficit in this financial year are an audit requirement to include Other Reporting employee provisions for superannuation Requirements on annual leave and long service leave, and the purchasing of new computers for the ALRC. This deficit will be covered by Ecologically sustainable the ALRC’s existing reserves. development (ESD)
Operating Revenue The ALRC has considered whether any of its activities have significant ESD The ALRC’s operating revenue of $3.532m implications in accordance with the comprised revenue from government of ESD Reporting Guidelines (June 2003) $3.382m, revenue from sale of goods developed by Environment Australia. In (publications) of $0.019m and interest of 2007–08, none of the ALRC’s activities $0.131m. or appropriations were relevant to ESD Operating Expenses in terms of the principles identified in the Environment Protection and Biodiversity Total operating expenses of $3.743m were Conservation Act 1999 (Cth). $0.321m greater than in 2006–07.
Total payments to employees increased from $2.255m to $2.501m primarily due 84 Environmental Management The ALRC has several ongoing strategies System (EMS) designed to minimise the environmental impact of its paper use. Office printers The EMS is appropriate to the size and and photocopies are configured to functions of the ALRC and implements print on either recycled or reused paper environmentally sustainable practices, as a default option. Staff have been with clear allocation of responsibility. encouraged to use double-sided printing as a default setting on office printers. The cornerstones of the EMS are: Environmentally friendly printing ÌÌ the Environmental Management Policy; processes are considered in the tendering process for the printing of ALRC ÌÌ the development and implementation publications. Where quotes are price- of environmental objectives and competitive, printing companies that use targets; environmentally friendly printing processes ÌÌ on-going monitoring and review of are given preference. As cost is not environmental performance; and the sole determination in purchasing, environmentally friendly printers do not ÌÌ continuous improvement of the need to submit the lowest quote in order EMS to enhance further the ALRC’s to be selected. environmental performance. The ALRC monitors energy use and The ALRC has an EMS officer, whose takes steps to reduce consumption role is to ensure ongoing monitoring where possible. In 2007–08 electricity and continuous improvement of consumption increased by 1.18%. environmental performance. The EMS officer is responsible for developing and During 2007–08 the ALRC introduced implementing the EMS, including the major changes to garbage and recycling. review of the established objectives and These changes had not been possible targets. in the past, due to restrictions on the range of waste services provided by the The ALRC’s normal office operations owners of the ALRC’s office premises. involve the use of water, energy and large The changes, introduced on 2 June 2008, amounts of paper—all of which have an included: impact upon the environment. ÌÌ introduction of recycling of glass, The ALRC is primarily a policy and aluminium cans and PET plastic; and Corporate Governance
research body, which involves the
ÌÌ removal of general waste bins from l
collection of large amounts of information. While the ALRC has increased the individual offices and workstations, to emphasis on use of information in encourage a higher rate of recycling. electronic formats, it still uses a significant Toner recycling was introduced to the amount of paper each year. building’s Recycling Management System in March 2008. Annual Report 2007–08 85 Freedom of information with the ALRC and the conduct of its statement references or general operations; and ÌÌ correspondence and working papers The ALRC follows a policy of openness relating to the administration of with the information it holds (set out in the ALRC, including personnel and the ALRC Access to Reference Material financial papers. Policy), subject to necessary qualifications where, for example, material is supplied The following categories of documents are in confidence or its disclosure might available for purchase by the public from breach the privileges of Parliament. A the ALRC: large number of requests for information are satisfied by material provided on the ÌÌ ALRC reports, including annual reports ALRC’s website. (also freely available for download from the ALRC website); In 2007–08, the ALRC received no formal applications for information under the ÌÌ community education and consultation Freedom of Information Act 1982 (Cth) (the documents relating to past references, FOI Act). including background papers, issues papers, and discussion papers (also Section 8 of the FOI Act requires the freely available for download from the ALRC to publish certain information ALRC website); and in its annual report. Information about the ALRC’s organisation, functions, ÌÌ issues of Reform, the ALRC’s bi-annual decision-making powers and about public journal (some articles are available participation in the work of the ALRC is for free download from the ALRC contained in this Annual Report. The other website). information required by the FOI Act is set The following categories of documents out below. are available upon request (without the The FOI Act requires the publication of a need for a formal application under the statement of the categories of documents FOI Act): held by the ALRC. The ALRC holds the ÌÌ community education and consultation following categories of documents: documents relating to current ÌÌ correspondence and working papers, references, including any relevant including formal submissions, notes background papers, issues papers, of meetings and transcripts of public and discussion papers; and hearings relating to the ALRC’s ÌÌ submissions to ALRC inquiries that references and relating to the reform have not been marked confidential of the law in general; by the submitter (although these are ÌÌ databases used by staff for the not available until the relevant report purposes of communicating with has been completed and tabled in persons and organisations connected Parliament).
86 Commonwealth Disability Strategy
The ALRC has a broad commitment to the inclusion of, and participation by, people with disabilities. Reporting in compliance with the Commonwealth Disability Strategy continues to provide the ALRC with the impetus to improve its policy, procedures and approach to working and communicating with people with a disability. The ALRC plays two core government roles: policy adviser and employer.
Table 11: Policy Adviser Role
Revised Goal Goal Achievement for 2008-09 Continue to provide Goal achieved. No change advice on availability of The ALRC routinely makes new publications to goal. alternative formats, as available in HTML, RTF and PDF formats. publications are released. Consultation papers and reports printed in the reporting period contained advice about the availability of alternative formats. This information is also published on the ALRC’s website.
Implement Goal achieved. No change Communications This is an ongoing goal. to goal. with People with a The ALRC’s Communications with People Disability Procedures with a Disability Procedures provide as consultations are guidance for ALRC staff on how to consider arranged in association the needs of people with a disability when with ALRC inquiries. organising consultation meetings. The procedures discuss facilities to assist people with hearing impairments and people with a disability who speak a language other than English. Relevant staff take these procedures into account when organising consultations. Corporate Governance
Identify issues of Goal achieved. No change l
relevance to people This is an ongoing goal. to goal. with a disability for each reference, and consult with appropriate disability groups on those issues. Annual Report 2007–08 87 Revised Goal Goal Achievement for 2008-09
Continue the project to Goal not yet achieved. No change provide HTML versions of This is a revised goal that is expected to to goal. all past reports, currently take several years to achieve. All older available only in PDF and ALRC reports are available in either ASCII ASCII. or PDF format. The ALRC is attempting to enhance further accessibility by also making these reports available in HTML. This is a time-consuming process involving a substantial amount of manual editing.
Monitor ALRC website Goal achieved. No change to ensure it remains This is an ongoing goal. to goal compliant with relevant ALRC staff monitor current developments standards for access by in relation to accessibility by people with a people with a disability. disability.
88 Table 12: Employer Role
Revised Goal Goal Achievement for 2008-09
Consider and take into Goal achieved. No change account the principles This is an ongoing goal. to goal. of the Disability The ALRC considers that its policies, Discrimination Act 1992 procedures and practices are consistent (Cth) and incorporate with the principles of the Act. them into any new or revised employment and staff development policies, practices and procedures.
Ensure all key ALRC Goal achieved. No change documents are available This is an ongoing goal. to goal. in HTML or RTF format on All recent ALRC reports and consultation the ALRC website. papers—including Annual Reports—are available on the internet in HTML format. Job advertisements are posted on the ALRC home page in RTF format. Key documents such as the Corporate Plan 2006–08, the Organisational Chart, relevant ALRC policies, information on the internship program and information on the general work program of the ALRC, are available on the website in accessible formats. Glossary and Index
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Annual Report 2007–08 89 Financial Statements
Research, Communications and Corporate Support teams, from left to right: Mr Alan Kirkland, Ms Lani Blackman, Ms Esther Naulumatua, Ms Vicki Jackson, Ms Carolyn Kearney, Ms Lucy Kippist, Ms Trisha Manning, Ms Dimitra Zinonos, Emeritus Professor David Weisbrot AM and Ms Maria Zacharia 2007–08 Financial Statements
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Annual Report 2007–08 2007–08 91 92 Financial Statements
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Annual Report 2007–08 93 AUSTRALIAN LAW REFORM COMMISSION
AUSTRALIAN LAW REFORM COMMISSION
INCOME STATEMENT For the year ended 30 June 2008 Notes 2008 2007 $ $ INCOME Revenue
Revenues from government 3A 3,382,000 3,366,000 Sale of goods and rendering of services 3B 19,166 17,619 Interest 3C 130,679 106,404 Other revenue 3D 384 5,307 Total revenue 3,532,229 3,495,330
TOTAL INCOME 3,532,229 3,495,330
EXPENSES
Employee benefits 4A 2,500,938 2,254,538 Suppliers 4B 1,171,257 1,083,088 Depreciation and amortisation 4C 65,720 78,812 Finance costs 4D 4,842 4,842 TOTAL EXPENSES 3,742,757 3,421,280
SURPLUS (DEFICIT) ATTRIBUTABLE TO THE AUSTRALIAN GOVERNMENT (210,528) 74,050
The above statement should be read in conjunction with the accompanying notes 94
The above statement should be read in conjunction with the accompanying notes AUSTRALIAN LAW REFORM COMMISSION
AUSTRALIAN LAW REFORM COMMISSION
BALANCE SHEET as at 30 June 2008 Notes 2008 2007 $ $ ASSETS Financial Assets Cash and cash equivalents 5A,14E 1,589,114 1,672,552 Receivables 5B,14E 36,958 41,510 Total Financial Assets 1,626,072 1,714,062
Non-Financial Assets Land and buildings 6A 26,787 33,089 Infrastructure, plant & equipment 6B 240,027 178,571 Other non-financial assets 6D 84,848 71,293 Total Non-Financial Assets 351,662 282,953
TOTAL ASSETS 1,977,734 1,997,015 LIABILITIES Payables Suppliers 7A 115,375 73,569 Total Payables 115,375 73,569
Provisions Employee provisions 8A 668,639 526,873 Other provisions 8B 90,870 86,028 Total Provisions 759,509 612,901
TOTAL LIABILITIES 874,884 686,470 NET ASSETS 1,102,850 1,310,545
EQUITY Asset revaluation reserve 61,464 61,464 Retained surpluses 1,041,386 1,249,081 TOTAL EQUITY 1,102,850 1,310,545
Current assets 1,710,920 1,785,355 Non-current assets 266,814 211,660 Current liabilities 760,251 583,555 Non-current liabilities 114,633 102,915 Financial Statements
l
The above statement should be read in conjunction with the accompanying notes Annual Report 2007–08 95
The above statement should be read in conjunction with the accompanying notes AUSTRALIAN LAW REFORM COMMISSION
AUSTRALIAN LAW REFORM COMMISSION
CASH FLOW STATEMENT for the year ended 30 June 2008 Notes 2008 2007 OPERATING ACTIVITIES $ $ Cash Received Appropriations 3,382,000 3,366,000 Goods and services 19,166 17,619 Interest 130,679 106,404 Other 384 5,307 Net GST received 21,398 21,311 Total cash received 3,553,627 3,516,641
Cash Used Employees (2,359,172) (2,261,113) Suppliers (1,157,019) (1,089,664) Total cash used (3,516,191) (3,350,777)
Net cash from operating activities 9 37,436 165,864
INVESTING ACTIVITIES Cash received Proceeds from sales of property, plant and equipment - - Total cash received - -
Cash used Purchase of property, plant and equipment (120,874) (60,279) Total cash used (120,874) (60,279)
Net cash used by investing activities (120,874) (60,279)
Net increase/(decrease) in cash held (83,438) 105,585 Cash at the beginning of the reporting period 1,672,552 1,566,967 Cash and cash equivalents at the end of the reporting period 5A 1,589,114 1,672,552
The above statement should be read in conjunction with the accompanying notes 96
The above statement should be read in conjunction with the accompanying notes AUSTRALIAN LAW REFORM COMMISSION AUSTRALIAN LAW REFORM COMMISSION
STATEMENT of CHANGES in EQUITY for the year ended 30 June 2008
Retained Earnings Asset Revaluation Reserve Total Equity 2008 2007 2008 2007 2008 2007 $ $ $ $ $ $
Opening balance 1,249,081 1,175,031 61,464 61,464 1,310,545 1,236,495
Adjustment for error 2,833 ---2,833 - Adjustment for changes in Accounting policies ------Adjustment opening balance 1,251,914 1,175,031 - - 1,313,378 1,236,495 Income and expense recognised Directly in Equity ------Income and expense recognised Directly in Equity ------Subtotal income and expenses recognised directly in equity ------Surplus (Deficit) for the year (210,528) 74,050 - - (210,528) 74,050
Total income and expenses (210,528) 74,050 - - (210,528) 74,050
Closing balance as at 30 June 1,041,386 1,249,081 61,464 61,464 1,102,850 1,310,545 Closing balance attributable to the Australian Government 1,041,386 1,249,081 61,464 61,464 1,102,850 1,310,545 Financial Statements
l
The above statement should be read in conjunction with the accompanying notes Annual Report 2007–08 97
The above statement should be read in conjunction with the accompanying notes AUSTRALIAN LAW REFORM COMMISSION
AUSTRALIAN LAW REFORM COMMISSION
SCHEDULE OF COMMITMENTS as at 30 June 2008 2008 2007 $ $ By Type
Commitments receivable GST recoverable on commitments 252,529 302,627 Total Commitments Receivable 252,529 302,627
Other commitments 1 Operating leases 2,777,818 3,328,896 Total other commitments 2,777,818 3,328,896
Net commitments by type 2,525,289 3,026,269
By Maturity
Operating lease commitments One year or less 611,673 581,787 From one to five years 2,166,144 2,747,109 Over five years - - Total Operating Lease commitments 2,777,817 3,328,896
Commitments receivable (252,529) (302,627) Net Commitments by maturity 2,525,288 3,026,269
Note 1: Commitments are GST inclusive where relevant.
Nature of lease General description of leasing arrangement
Lease for office The Commission has entered into a 10 year lease accommodation agreement (through until 30 September 2012). Lease payments are subject to an annual increase of 4%.
SCHEDULE OF CONTINGENCIES As at 30 June 2008
There are no known contingencies as at 30 June 2008.
The above schedules should be read in conjunction with the accompanying notes 98
The above schedules should be read in conjunction with the accompanying notes AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED 30 JUNE 2008 AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Note Description
1 Summary of Significant Accounting Policies 2 Events after the Balance Sheet Date 3 Income 4 Operating Expenses 5 Financial Assets 6 Non-Financial Assets 7 Payables 8 Provisions 9 Cash Flow Reconciliation 10 Members' Remuneration 11 Related Party Disclosures 12 Executive Remuneration 13 Remuneration of Auditors 14 Financial Instruments 15 Reporting of Outcomes 16 Appropriations Financial Statements
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Annual Report 2007–08 99 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Note 1: Summary of Significant Accounting Policies
1.1 Objectives of the Australian Law Reform Commission
The financial statements are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 and are a general purpose financial report. The continued existence of the Commission in its present form and with its present programs is dependent on Government policy and on continuing appropriations by Parliament for the Commission's administration and programs. The Financial Statements and notes have been prepared in accordance with: . Finance Minister's Orders (or FMOs, being the Commonwealth Authorities and Companies Orders (Financial Statements for reporting periods ended on or after 01 July 2007)) ; and
. Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board that apply for the reporting period. The financial report has been prepared on an accrual basis and is in accordance with historical cost convention, except for certain assets at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position.
The financial report is presented in Australian dollars and values are rounded to the nearest dollar.
Unless alternative treatment is specifically required by an accounting standard or FMOs, assets and liabilities are recognised in the Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under agreements equally proportionately unperformed are not recognised unless required by an Accounting Standard.
Unless alternate treatment is specifically required by an accounting standard, revenues and expenses are recognised in the Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured.
1.2 Significant Accounting Judgements and Estimates
No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next accounting period.
1.3 Statement of Compliance Adoption of new Australian Accounting Standard requirements No accounting standard has been adopted earlier than the effective date in the current period. The following adopted requirements have resulted in a change to the Commission's accounting policies or have affected the amounts reported in the current or prior periods or are estimated to have a financial affect in future reporting periods.
Financial Instrument Disclosure AASB 7 Financial Instruments: Disclosures is effective for reporting periods beginning on or after 1 January 2007 (the 2007-08 financial year) and amends the disclosure requirements for financial instruments. In general AASB 7 requires greater disclosure than that previously required. Associated with the introduction of AASB 7 a number of accounting standards were amended to reference the new standard or remove the present disclosure requirements through 2005-10 Amendments to Australian Accounting Standards (AASB 132, AASB 101, AASB 114, AASB 117, AASB 133, AASB 139, AASB 1, AASB 4, AASB 1023 & AASB 1038). These changes have no financial impact but will affect the disclosure presented in future financial reports. The following new standards, amendments to standards or interpretations for the current financial year have no material impact on the Commission.
2007-4 Amendments to Australian accounting Standards arising from ED 151 and other amendments and Erratum: Proportionate Consolidation 2007-7 Amendments to Australian Accounting Standards UIG Interpretation 11 AASB 2- Group and Treasury Share Transactions and 2007-1 Amendments to Australian Accounting Standards arising from AASB Interpretation 11. 100 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Future Australian Accounting Standard requirements The following new standards, amendments to standards or interpretations have been issued by the Australian Accounting Standards Board but are effective for future reporting periods. It is estimated that the impact of adopting these pronouncements when effective will have no material financial impact on future reporting periods. The following new accounting standards (including reissued standards)/errata/interpretations are applicable to the 2007/08 financial year: AASB 7 Financial Instruments: Disclosures AASB 101 Presentation of Financial Statements (issued October 2006) AASB 1048 Interpretation and Application of Standards (reissued September 2007) AASB 2005-10 Amendments to Australian Accounting Standards AASB 1,4,101,117,132,1,133,139,1023,1038 AASB 2007-1 Amendments to Australian Accounting Standards arising from AASB interpretation 11 [AASB] AASB 2007-4 Amendments to Australian Accounting Standards arising from ED 151 and other amendments AASB 2007-5 Amendments to Australian Accounting Standard- Inventories Held for Distribution by Not-for-Profit Entities [AASB 102]
AASB 2007-7 Amendments to Australian Accounting Standards [AASB 1,2,3,5,107,128]
AASB 2008-4 Amendments to Australian Accounting Standard- Key Management Personnel Disclosures by Disclosing Entities [AASB 124] ERR Erratum Proportionate Consolidation [AASB 101, AASB 107, AASB 121 AASB 127, interpretation 113] Interp 10 Interim Financial Reporting and Impairment
Interp 11 AASB 2 Group and Treasury Share Transactions
Interp 1003 Australian Petroleum Resource Rent Tax
The following new standards (including reissued standards)/ interpretations are applicable to future accounting periods: AASB 3 Business Combinations
AASB 8 Operating Segments
AASB 101 Presentation of Financial Statements (issued September 2007)
AASB 123 Borrowing Costs
AASB 127 Consolidated and Separate Financial Statements AASB 1004 Contributions AASB 1049 Whole of Government Sector Financial Reporting AASB Administered Items
AASB 1051 Land Under Roads AASB 1052 Disaggregated Disclosures AASB 2007-2 Amendments to Australian Accounting Standards arising from AASB Interpretation 12 [AASB 1, AASB 117, AASB 118, AASB 120, AASB 127 AASB 131 & AASB 139]
AASB 2007-3 Amendments to Australian Accounting Standards arising from AASB 8 AASB 2007-6 Amendments to Australian Accounting Standards arising from AASB 123 Financial Statements
AASB 2007-8 Amendments to Australian Accounting Standards arising from AASB 101 l
AASB Amendments to Australian Accounting Standards arising from the Review of AASs 27,29 and 31 [AASB 3, AASB 5, AASB 101, ASB 114, AASB 116, AASB 127 & AASB 137]
AASB 2008-1 Amendments to Australian Accounting Standard - Share-based Payments: Vesting Conditions and Cancellations [AASB 2]
AASB 2008-2 Amendments to Australian Accounting Standards-Puttable Financial Instruments and Obligations arising on Liquidation [AASB 7, AASB 101, AASB 132, AASB 138 & 139 AND Interpretations 9 & 107] Interp 1 Changes in Existing Decommissioning, Restoration and Similar Liabilities Annual Report 2007–08 101 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Interp 4 Determining Whether an Arrangements Contains a Lease Interp 12 Service Concession Arrangements Interp 13 Customer Loyalty Programmes Interp 14 AASB 119- The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction Interp 129 Service Concession Arrangements Disclosures Interp 1038 Contributions by Owners Made to Wholly-Owned Public Section Entities
1.4 Revenue
Revenue from sale of goods is recognised when: . The risks and rewards of ownership have been transferred to the buyer; . The seller retains no managerial involvement nor effective control over the goods; . The revenue and transaction costs incurred can be reliably measured; and . It is probable that the economic benefits associated with the transaction will flow to the entity. Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: . The amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and . The probable economic benefits with the transaction will flow to the entity.
The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction.
Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any provision for bad and doubtful debts. Collectability of debts is reviewed at balance date. Provisions are made when collectability of the debt is no longer probable. Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement .
Revenues from Government Amounts appropriated for Departmental outputs appropriations for the year (adjusted for any formal additions and reductions) are recognised as revenue, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned. Appropriations receivable are recognised at their nominal amounts.
1.5 Employee Benefits
Liabilities for services rendered by employees are recognised at the reporting date to the extent that they have not been settled. Liabilities for ‘short-term employee benefits’ (as defined in AASB 119) and termination benefits due within twelve months of balance date are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. All other employee benefit liabilities are measured at the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date. Leave The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Commission is estimated to be less than the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees’ remuneration, including the Commission's employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination. 102 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
The liability for long service leave is the present value of employee entitlements based on the Australian Government shorthand method as per the FMOs. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.
Separation and Redundancy Provision is made for separation and redundancy benefit payments. The Commission recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations. Superannuation Since 1 July 1997, the Commission has not been an approved authority for the purposes of the Superannuation Act 1990 (Cth) and therefore employees appointed on or after that date are not eligible for membership of the PSS. Employees who were appointed prior to 1 July 1997, and who have maintained their membership of the PSS or CSS, are permitted to continue their membership of those schemes.
For employees not covered by the above, the Commission contributes to the superannuation fund nominated by the employee at the rate of 9% of salary, provided that the nominated fund is regulated by the Superannuation Industry (Supervision) Act 1993 (Cth). In addition, in the case of an employee who elects to make an additional personal superannuation contribution, the Commission makes a matching contribution up to a maximum of 3% of the employee's annual salary.
The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year.
1.6 Leases
Operating lease payments are expensed on a basis which is representative of the pattern of benefits derived from the leased assets.
1.7 Cash
Cash and cash equivalents includes notes and coins held and any deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount.
1.8 Trade Creditors
Trade creditors and accruals are recognised at their nominal amounts, being the amounts at which liabilities will be settled. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).
1.9 Financial Assets
The Australian Law Reform Commission classifies its financial assets in the following category: Financial assets as at fair value through profit or loss. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial Statements
Financial assets are recognised and derecognised upon"trade date". l
1.10 Property (Land and Buildings), Infrastructure, Plant and Equipment
Asset recognition threshold Purchases of property, plant and equipment are recognised initially at cost in the Balance Sheet, except for purchases costing less than $1,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The $1,000 threshold was selected because it facilitates efficient asset management and recording without greatly affecting asset values recognised. Annual Report 2007–08 103 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. This is particularly relevant to 'make good' provisions in property leases taken up by the Commission where there exists an obligation to restore the property to its original condition. These costs are included in the value of the Commission's leasehold improvements with a corresponding provision for the 'make good' taken up.
Revaluations Land, buildings, infrastructure, plant and equipment are carried at fair value, being revalued with sufficient frequency such that the carrying amount of each asset is not materially different, at reporting date, from its fair value. Valuations undertaken in each year are as at 30 June.
Fair values for each class of assets are determined as shown below.
Asset Class Fair value measured at:
Leasehold Depreciated replacement cost Improvements Infrastructure, Plant & Market selling price Equipment
Following initial recognition at cost, valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not materially differ from the assets' fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets. Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised through the Income Statement. Revaluation decrements for a class of assets are recognised directly through the Income Statement except to the extent that they reverse a previous revaluation increment for that class.
Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.
Frequency
Infrastructure, plant and equipment were formally valued by independent valuers as at 30 June 2005 on the fair value basis in accordance with the Finance Minister's Orders. The Commission is required to revalue its non-current assets with sufficient frequency so that their carrying amounts at each date of reporting do not differ materially from their fair value.
Conduct
All valuations are conducted by an independent qualified valuer.
104 AUSTRALIAN LAW REFORM COMMISSION
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Depreciation
Depreciable property, plant and equipment are written off to their estimated residual values over their estimated useful lives to the Commission using, in all cases, the straight-line method of depreciation. Useful lives are reviewed at each balance date.
Depreciation rates (useful lives) and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Depreciation rates applying to each class of depreciable asset are based on the following useful lives.
2008 2007
Leasehold improvements Lease term Lease term Plant and Equipment 3-10 years 3-10 years
The aggregate amount of depreciation allocated for each class of asset during the year is disclosed in Note 4C. Impairment All assets were assessed for impairment at 30 June 2008. Where indications of impairment exist, the asset's recoverable amount is estimated and an impairment adjustment made if the asset's recoverable amount is less than its carrying amount.
The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset's ability to generate future cash flows, and the asset would be replaced if the Commission were deprived of the asset, its value in use is taken to be its depreciated replacement cost. No indicators of impairment were found for assets at fair value. 1.11 Taxation The Commission is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST). Revenues, expenses and assets are recognised net of GST: . except where the amount of GST incurredis not recoverable from the Australian Taxation Office; and . except for receivables and payables.
1.12 Insurance
The Commission has commercial insurance with Comcover for: Material Damage, Business Interruption, Theft, Public & Products Liability and Directors & Officers Liability. Losses are expensed as incurred. Leased vehicles are insured by the lessor. Workers compensation is insured through Comcare Australia.
1.13 Comparative Figures
Where appropriate, comparative figures have been restated to comply with the current presentation of the financial statements. Financial Statements
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Annual Report 2007–08 105 AUSTRALIAN LAW REFORM COMMISSION
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Note 2: Events after the Balance Sheet Date
The Commission is not aware of any significant events that have occurred since balance date which warrant disclosure in these statements.
2008 2007 Note 3: Income $ $
Revenues
Note 3A. Revenues from Government Appropriations for outputs 3,382,000 3,366,000 Total revenues from government 3,382,000 3,366,000
Note 3B. Goods and Services Goods 19,166 17,619 Total sales of goods and services 19,166 17,619
Provision of goods to: External entities 19,166 17,619 Total sales of goods 19,166 17,619
Note 3C. Interest Interest on deposits 130,679 106,404
Note 3D. Other Other revenue 384 5,307
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2008 2007 $ $
Note 4:Operating Expenses
Note 4A. Employee Benefits
Wages and salaries 2,167,942 1,985,458 Superannuation Defined contribution plans 86,142 88,586 Defined benefit plans 163,746 137,731 Leave and other entitlements 83,108 42,763 Total employee expenses 2,500,938 2,254,538
Note 4B. Suppliers
Provision of goods - external entities 610,552 554,840 Operating lease rentals* 547,319 511,953 Workers compensation premiums 13,386 16,295 Total supplier expenses 1,171,257 1,083,088
* These comprise minimum lease payments only.
Note 4C. Depreciation and Amortisation
Depreciation 65,720 78,812
The aggregate amounts of depreciation expensed during the reporting period for each class of depreciable asset are as follows:
Plant and equipment 59,418 72,507 Leasehold improvements 6,302 6,305 Total depreciation and amortisation 65,720 78,812
Note 4D. Finance Costs
Unwinding of discount 4,842 4,842 Total finance costs 4,842 4,842 Financial Statements
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Annual Report 2007–08 107 AUSTRALIAN LAW REFORM COMMISSION
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2008 2007 $ $ Note 5:Financial Assets
Note 5A. Cash and cash equivalents
Cash on hand or on deposit 1,589,114 1,672,552 Total cash and cash equivalents 1,589,114 1,672,552
Note 5B.Trade and other receivables
Goods and services 5,421 11,205 Appropriations receivable for existing outputs 9,761 8,952 Total appropriations receivable 15,182 20,157
GST receivable from the Australian Taxation Office Other receivables 21,776 21,353 Total other receivables 21,776 21,353 Total trade and other receivables (gross) 36,958 41,510
All receivables are current assets.
All receivables are with entities external to the entity. Credit terms are net 30 days (2007: 30 days).
Receivables are aged as follows: Current 32,480 41,510 Overdue by: - less than 30 days - - - 30 to 60 days - - - 61 to 90 days - - - more than 90 days 4,478 -
Total receivables (net) 36,958 41,510
Note 6:Non-Financial Assets
Note 6A. Land & buildings
Leasehold improvements
- fair value 63,030 63,030 - accumulated amortisation (36,243) (29,941) 26,787 33,089
Total leasehold improvements 26,787 33,089 Total land & buildings (non-current) 26,787 33,089
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2008 2007 $ $ Note 6B. Infrastructure, Plant and Equipment Infrastructure plant and equipment - cost 367,863 246,989 - accumulated depreciation (137,616) (91,720) 230,247 155,269
- fair value 188,648 188,648 - accumulated depreciation (178,868) (165,346) 9,780 23,302 Total infrastructure, plant and equipment (non-current) 240,027 178,571
All revaluations are conducted in accordance with the revaluation policy stated at Note 1.
Note 6C. Analysis of Property, Plant and Equipment
TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment 2007-08 Land and Infrastructure Buildings Plant & Equipment Total $ $ $
As at 1 July 2007 Gross book value 63,030 435,637 498,667 Accumulated depreciation/amortisation (29,941) (257,066) (287,007) Net book value 1 July 2007 33,089 178,571 211,660 Additions by purchase - 120,874 120,874 Depreciation/ amortisation expense (6,302) (59,418) (65,720) Net book value 30 Jnue 2008 26,787 240,027 266,814
Net book value as of 30 June 2008 represented by: Gross book value 63,030 556,511 619,541 Accumulated depreciation/amortisation (36,243) (316,484) (352,727) 26,787 240,027 266,814
The Commission does not hold assets under construction or finance leases Financial Statements
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Annual Report 2007–08 109 AUSTRALIAN LAW REFORM COMMISSION
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Note 6C. Analysis of Property, Plant and Equipment (cont.)
TABLE A - Reconciliation of the opening and closing balances of property, plant and equipment 2006-07
Land and Infrastructure Buildings Plant & Equipment Total $ $ $
As at 1 July 2006 Gross book value 63,030 375,358 438,388 Accumulated Depreciation/amortisation (23,636) (184,559) (208,195) Net book value 1 July 2006 39,394 190,799 230,193 Additions by purchase - 60,279 60,279 Depreciation/ amortisation expense (6,305) (72,507) (78,812) Net book value 30 June 2007 33,089 178,572 211,660
Net book value as of 30 June 2007 represented by: Gross book value 63,030 435,637 498,667 Accumulated depreciation/amortisation (29,941) (257,066) (287,007) 33,089 178,571 211,660
The Commission does not hold assets under construction or finance leases 2008 2007 $ $ Note 6D. Other Non-Financial Assets
Prepayments 84,848 71,293
All other non-financial assets are current assets
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2008 2007 $ $ Note 7: Payables
Note 7A. Suppliers
Trade creditors 115,375 73,569 Total supplier payables 115,375 73,569
All supplier payables are current liabilities Settlement terms are net 30 days.
Note 8: Provisions
Note 8A. Employee Provisions
Salaries and wages 46,793 55,875 Leave 619,099 469,179 Superannuation 2,747 1,819 Total employee provisions 668,639 526,873 Employee provisions are represented by: Current 644,876 509,986 Non-current 23,763 16,887 Total employee provisions 668,639 526,873
The classification of current provisions includes amounts for which there is not an unconditional right of deferral of one year, hence in the case of employee provisions the above classification does not equal the amount expected to be settled within one year of reporting date. Employee provisions expected to be settled in one year are $644,876 (2007: $509,986) in excess of one year $23,763 (2007: $16,887).
2008 2007 Note 8B: Other Provisions $ $
Provision for 'Makegood' 90,870 86,028 90,870 86,028
Provision for Provision for restoration restoration $ Carrying amount 1 July 86,028 81,186 Additional provisions made - - Amounts used - - Unwinding of discount or change in discount rate 4,842 4,842 Closing balance 90,870 86,028 All other provisions are non-current liabilities. The Commission has an agreement for leasing its premises which has provisions requiring the Commission to restore the premises to their original condition at the conclusion of the lease. The Commission has made a provision to reflect the present value of this obligation. Financial Statements
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Annual Report 2007–08 111 AUSTRALIAN LAW REFORM COMMISSION
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FOR YEAR ENDED 30 JUNE 2008
AUSTRALIAN LAW REFORM COMMISSION NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2008
Note 9: Cash Flow Reconciliation 2008 2007 $ $ Reconciliation of cash per Balance Sheet to Statement of Cash Flows
Report cash and cash equivalents as per:
Cash Flow Statement 1,589,114 1,672,552 Balance Sheet 1,589,114 1,672,552 Difference - - Reconciliation of operating result to net cash from operating activities:
Operating result (210,528) 74,049 Depreciation 65,720 78,812 (Increase)/decrease in receivables 4,975 (10,287) (Increase)/decrease in prepayments (13,555) (14,160) Increase/(decrease) in suppliers 41,848 (1,526) Increase/(decrease) in other provisions 4,842 4,842 Increase/(decrease) in employee provisions 144,134 34,134
Net cash from operating activities 37,436 165,864
Note 10: Members' Remuneration 2008 2007 $ $ The number of members of the Commission included in these figures are shown below in the relevant remuneration bands. Number Number
$ 80,000 - $ 94,999 - 2 $ 195,000 - $ 209,999 - 1 $ 230,000 - $ 244,999 2 - $ 345,000 - $ 359,999 - 1 $ 360,000 - $ 374,999 1 - Total number of members of the Commission 3 4
Total Remuneration received or due and receivable by the members of the Commission 831,019 719,787
The three members included in this Note are the full-time members disclosed in Note 11.
Note 11: Related Party Disclosures Members of the Commission during the year were:
Full-time members Professor David Weisbrot (from 07/06/99) Professor Les McCrimmon (from 04/01/05) Professor Rosalind Croucher (from 05/02/07)
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Part-time members Justice Susan Kiefel (from 07/04/03 until 02/09/07) Justice Susan Kenny (from 14/05/03) Justice Robert French (from 15/07/06) Justice Berna Collier (from 02/10/07) The aggregate remuneration of members is disclosed in Note 10.
In accordance with the Australian Law Reform Commission Act 199 only members who do not hold a judicial office are to be paid such remuneration as the Remuneration Tribunal determines.
Note 12: Executive Remuneration
The number of senior executives who received or 2008 2007 were due to receive total remuneration of $130,000 or more: Number Number
$145,000 - $159,999 - 1 $160,000 - $174,999 1 - Total 1 1 The aggregate amount of total remuneration of executives shown above. 174,953 146,872
The aggregate amount of separation and redundancy/termination benefit payments during the year to executives shown above. Nil Nil
Note 13: Remuneration of Auditors
The fair value of the services provided was: Australian National Audit Office 18,000 18,000
No other services were provided by the Auditor-General. Financial Statements
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Annual Report 2007–08 113 AUSTRALIAN LAW REFORM COMMISSION
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Note 14: Financial Instruments 2008 2007 Note 14A: Categories of Financial Instruments $ $ Financial Assets
Cash and cash equivalents 1,589,114 1,672,552 Receivables 36,958 41,510 Carrying amount of financial assets 1,626,072 1,714,062 Financial Liabilities At amortised cost Payables- suppliers 115,375 73,569 Carrying amount of financial liabilities 115,375 73,569
Note 14B: Net income and expense from financial assets
Interest revenue 130,679 106,404 Net gain/(loss) held-to-maturity 130,679 106,404
Note 14C: Net income and expense from financial liabilities
Financial liabilities - as amortised cost
There is no income or expense from financial liabilities at amortised cost in the year ending 30 June 2008.
Note 14D: Fee Income and Expense
The Commission has no fee income and expense.
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Note 14E. Fair Values of Financial Instruments 2008 2007
Carrying Carrying amount Fair value amount Fair value $ $$ $
Financial Assets
Cash at bank 1,589,114 1,589,114 1,672,552 1,672,552 Receivables for goods and services (net) 36,958 36,958 41,510 41,510
Total 1,626,072 1,626,072 1,714,062 1,714,062
Financial Liabilities
Trade creditors 115,375 115,375 73,569 73,569
Total 115,375 115,375 73,569 73,569
Financial assets
The net fair values of cash, deposits on call and receivables approximate their carrying amounts.
Financial liabilities The net fair value for trade creditors all of which are short-term in nature is approximated by the carrying amounts.
Note 14 F: Credit Risk The Commission's maximum exposures to credit risk at reporting date in relation to each class of recognised financial assets is the carrying amount of those assets as indicated in the Balance Sheet. The Commission has no significant exposures to any concentrations of credit
Note 14 G: Liquidity risk The Commission's financial liabilities are supplier payables. The exposure to liquidity risk is based on the notion that the Commission will encounter difficulty in meeting its obligations associated with financial libailities. This is highly unlikely due to appropriation funding and internal policies and procedures put in place to ensure there are appropriate resources to meet its financial obligations.
Note 14 H: Market Risk
The Commission holds basic financial instruments that do not expose the Commission to certain market risks. The Commission is not exposed to 'Currency risk' or 'Other price risk'. Interest Rate Risk The Commission is not exposed to Interest Rate risk.
Note15: Reporting of Outcomes Financial Statements
Note 15A: Outcomes of the Commission l
The Commission operates predominantly in one industry, being a statutory authority whose primary function is to provide policy advice to the Federal Government and Parliament on matters referred to it by the Attorney-General.
The Commission is structured to meet one outcome and two outputs:
Outcome : "The development and reform of aspects of the laws of Australia to ensure that they are equitable, modern, fair and efficient". Annual Report 2007–08 Output 1.1: Reports and community consultation documents. Output 1.2: Information and education services to enhance community consultation and participation in the law reform process. 115 AUSTRALIAN LAW REFORM COMMISSION
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Note 15B: Net Cost of Outcome Delivery
Outcome 1 Total 2008 2007 2008 2007 $ $ $ $ Departmental expenses 3,742,757 3,421,280 3,742,757 3,421,281 Total expenses 3,742,757 3,421,280 3,742,757 3,421,281 Costs recovered from provision of goods and services to the non- government sector Departmental expenses - - - - Total costs recovered - - - - Other external revenues Departmental Sale of goods and services – 19,166 17,619 19,166 17,619 to related entities Interest 130,679 106,404 130,679 106404 Gain from disposal of assets - - - - Other 384 5,307 384 5,307 Total Departmental 150,229 129,330 150,229 129,330 Total other external revenues 150,229 129,330 150,229 129,330 Net cost/(contribution) of 3,592,528 3,291,950 3,592,528 3,291,950 outcome
Note 15C. Major Classes of Departmental Revenues and Expenses by Output Groups and Outputs
All the Commission's revenues, expenses, assets and liabilities are attributable to two outputs. The Commission varied its output structure from one to two outputs in 2002-03 to better reflect the nature of outputs produced.
Outcome Outcome Total Output Output Output Output 1.1 1.2 1.1 1.2 2008 2008 2007 2007 2008 2007 $ $ $ $ $ $ Departmental expenses: Employees 2,410,717 90,221 2,129,481 125,058 2,500,938 2,254,538 Suppliers 1,070,945 100,312 1,044,730 38,357 1,171,257 1,083,088 Depreciation and amortisation 65,720 - 78,812 - 65,720 78,812 Finance Costs 4,842 - 4,842 - 4,842 4,842 Total departmental expenses 3,552,224 190,533 3,257,865 163,415 3,742,757 3,421,280 Funded by: Revenues from Government 3,191,467 190,533 3,202,585 163,415 3,382,000 3,366,000 Sale of goods and services 9,122 10,044 9,169 8,450 19,166 17,619 Interest 130,679 - 106,404 - 130,679 106,404 Gain from disposal of assets ------Other 384 5,307 - 384 5,307 Total departmental revenues 3,331,652 200,577 3,323,465 171,865 3,532,229 3,495,330
The Commission's outcomes and outputs are described in Note 15A.
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NOTES TOFOR AND FORMINGYEAR ENDED PART OF 30 THE JUNE FINANCIAL 2008 STATEMENTS
FOR YEAR ENDED 30 JUNE 2008 Note 16: Appropriations
Table A: Acquittal of the Commission to Draw Cash from the Consolidated Revenue Fund for Ordinary Annual Services Appropriations and borrowings
Administered Expenses Departmental Outputs Total Particulars Outcome 1 Outcome 2 2008 2007 2008 2007 2008 2007 2008 2007 Balance carried from previous period - - Appropriation Act: Appropriation Act (No.1) 2007-08 ----3,382,000 3,366,000 3,382,000 3,366,000 Appropriation Act (No. 3) 2007-08 ------Appropriation Act (No. 5) 2007-08 ------Departmental adjustments by the Finance Minister (Appropriation) ------At) Comcover receipts (Appropriation Act s 13) ------Advance to the Finance Minister ------Reductions: ------prior years ------current year ------FMA Act: ------Refunds credited (FMA s 30) ------Appropriations to take account of recoverable GST (FMA s 30A) ------Annotations to ‘net appropriations’ (FMA s 31) ------Adjustment of appropriations on change of entity function (FMA s32) ------Total appropriation available for payments ----3,382,000 3,366,000 3,382,000 3,366,000 Cash payments made during the year (GST inclusive) 3,382,000 3,366,000 3,382,000 3,366,000 Appropriations credited to Special Accounts (excluding GST) - - - Balance of Authority to Draw Cash from the Consolidated Revenue ------Fund for Ordinary Annual Services Appropriations
Represented by Cash at bank and on hand ----1,589,114 1,672,552 3,382,000 3,366,000 Departmental appropriations receivable ------Undrawn, unlapsed administered appropriations ------Total - - - - 1,589,114 1,672,552 3,382,000 3,366,000
Departmental and non-operating appropriations do not lapse at financial year end. However, the responsible Minister may decide that part or all of a departmental or non- operating appropriation is not required and request the Finance Minister to reduce that appropriation. The reduction in the appropriation is effected by the Finance Minister's determination and is disallowable by Parliament. Financial Statements
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Annual Report 2007–08 117 Appendices
2007–08 Appendix A Goals and Strategies 1. To provide effective, independent Corporate Plan 2006–2008 and timely expert advice to the Attorney-General and Parliament. Our Vision Strategies
Just, fair and efficient laws that reflect and A. Undertake and complete inquiries advance the nation’s social and economic referred by the Attorney-General by: interests Ì researching and analysing to the Outcome Statement highest professional standards the The development and reform of aspects legal, social and economic issues of the laws of Australia to ensure that they raised by each reference; are equitable, modern, fair and efficient. Ì publishing and making accessible high quality community consultation Our Approach documents; We will achieve this outcome by: Ì consulting all relevant sectors of the Ì Undertaking high quality research, community and experts interested in analysis and writing; the inquiry; and
Ì Undertaking extensive public Ì reporting the findings and consultation; recommendations of the inquiry by the agreed date. Ì Communicating our law reform program to the community and B. Advise the Attorney-General on the contributing to discussions on law priorities for law reform in Australia by: reform issues; Ì providing regular briefings on law Ì Developing working relationships with reform issues suitable for reference. government agencies, community C. Respond to inquiries undertaken by groups, industry and professional Parliamentary Committees and other associations and other law reform bodies on the law reform issues raised in bodies with an interest in our area of those inquiries by: work; Ì making submissions on issues on Ì Monitoring and assessing our which the Commission has reported, Appendices performance in order to improve our l
or is reporting, and in respect of effectiveness; which the Commission has acquired Ì Adhering to best practice in corporate and retained special expertise governance; and or experience in the course of discharging its functions. Ì Assisting our staff to reach their potential through a supportive and Annual Report 2007–08 Annual Report professional work environment. 119
2007-08 Annual Report.indd Sec1:119 18/09/2008 4:02:23 PM 2. To ensure broad based 3. To promote the role of law reform. consultation in developing Strategies recommendations for reform. Strategies A. Participate in and promote community debate and analysis of law reform issues A. Provide for general community by: involvement in the Commission’s inquiries by: ÌÌ facilitating discussion of national and international law reform issues through ÌÌ establishing and maintaining good the ALRC’s journal Reform; communication with all interested sectors of the community during the ÌÌ responding to inquiries from the media Commission’s inquiry consultations and the general public about law and other work; reform issues about which the ALRC has expertise; and ÌÌ conducting targeted consultations with key stakeholders; ÌÌ participating in seminars and conferences relevant to the ÌÌ taking into account any special needs Commission’s work. of interested individuals or groups in the design of consultation processes; B. Continually improve access to and information on the Commission’s work by:
ÌÌ seeking and responding to feedback ÌÌ providing information on the from participants on the Commission’s Commission’s findings and inquiries and procedures. recommendations to political leaders, the legal profession, government B. Continually improve community agencies, business leaders and peak awareness of current inquiries by: community bodies;
ÌÌ developing and implementing ÌÌ maintaining an up-to-date, accessible communication strategies for each and informative website; inquiry; ÌÌ making Commission publications ÌÌ using of a range of communication available in a range of accessible channels, including printed material, formats; and email, the internet and mass media; and ÌÌ publicising the Commission’s work at appropriate community events ÌÌ regular contributions to external and through other organisations journals. such as universities and professional associations.
120 C. Supporting collaboration between law reform bodies by:
ÌÌ working with Australian state and territory law reform bodies on projects of common interest;
ÌÌ providing information and assistance to law reform bodies in developing countries, in particular those in the Asia-Pacific region;
ÌÌ establishing bilateral collaborative arrangements with overseas law reform bodies to facilitate the exchange of information on law reform and to provide opportunities for staff development;
ÌÌ participating in relevant regional and international organisations, including the Commonwealth Association of Law Reform Agencies. Appendices
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Annual Report 2007–08 121 Appendix B Information Management Policies Access to Reference Material Policy* Key Supporting Policies and Internet and Email Policy Documents Records Management Policy Library Collection Policy Temporary Reference Collection Policy Information about the Australian Law Reform Commission’s functions, Interns Policies objectives, policies and activities can be Intern Placement Policy* found in the following documents. School Student and Legal Practice Work Legislation Experience Policy* Australian Law Reform Commission Act Media and Publications Policies 1996 (Cth) Approval for Use of ALRC Copyright Commonwealth Authorities and Policy* Companies Act 1997 (Cth) Communications with People with a Portfolio Budget Statements Disability Policy* Communications with People with a Portfolio Budget Statements 2006–07, Disability Procedures Attorney-General’s Portfolio Media Liaison Policy Strategic and Operational Plans Privacy Policy* Publications Distribution Policy* Corporate Plan 2006–08* Finance Policies Cabcharge Use Policy Environmental Management Policy *Available on the ALRC website. Personal Use of Telephones Policy Travel Policy Purchasing Policy and Procedures Fraud Policy Statement Depreciation of Works of Art Policy Human Resources Policies Code of Conduct Equal Employment Opportunity Policy Leave Applications Policy Occupational Health & Safety Policy Performance Appraisal System Policy and Guidelines Promotions Policy Reasonable Adjustment Guidelines 122 Appendix C ÌÌ administrative acts or practices within agencies and their impact on access to Government information; Terms of Reference 2007–08 ÌÌ other recent reviews of the Freedom of Information Act 1982;
Review of the Freedom of ÌÌ information access regimes in other Information Act 1982 comparable jurisdictions;
I, Philip Ruddock, Attorney-General of ÌÌ any relevant constitutional issues, Australia, having regard to: particularly those that may affect harmonisation of information access ÌÌ the rapid advances in information, laws; communication, storage and other relevant technologies; ÌÌ the impact of an evolving technological environment on production, storage and ÌÌ State, Territory and overseas legislation access to information; in relevant areas; and ÌÌ the desirability of minimising the ÌÌ the need to balance the public interest regulatory burden on government in making information available and agencies; the public interest in protecting certain information; ÌÌ the legitimate interests of governments and their ability to obtain forthright refer to the Australian Law Reform advice from agencies and also of third Commission for inquiry and report pursuant parties who deal with government; and to subsection 20(1) of the Australian Law Reform Commission Act 1996, matters ÌÌ any other related matter. relating to the extent to which the Freedom of Information Act 1982 and related laws 2. The Commission will identify and consult continue to provide an effective framework with relevant stakeholders, relevant State for access to information in Australia. and Territory bodies and ensure widespread public consultation. 1. In performing its functions in relation to this reference, the Commission will 3. The Commission is to report no later than consider: 31 December 2008.
ÌÌ relevant existing and proposed Appendices
Commonwealth, State and Territory laws
Dated 24 September 2007 l and practices; Philip Ruddock ÌÌ any need to harmonise those laws and Attorney-General practices; Annual Report 2007–08 123 Review of Legal Professional have coercive information gathering Privilege and Commonwealth or associated powers including the investigatory bodies Australian Federal Police, Australian Crime Commission, Australian Competition I, Philip Ruddock, Attorney-General of and Consumer Commission, Australian Australia, having regard to: Prudential Regulation Authority, ÌÌ the fact that legal professional privilege Australian Securities and Investments is a common law privilege; Commission, Australian Taxation Office, Australian Communications and Media ÌÌ the fact that legal professional privilege, Authority, Centrelink, Medicare Australia, like other common law rights, can be Commonwealth royal commissions, modified or abrogated by legislation in Commonwealth Director of Public cases where the legislature affords a Prosecutions, and any other relevant competing public interest consideration Commonwealth bodies, and a higher relative priority; (b) consider the following questions: ÌÌ the fact that questions of legal professional privilege commonly arise (i) would further modification or abrogation in relation to the exercise of coercive of legal professional privilege in some information gathering powers by areas be desirable in order to achieve more Commonwealth bodies; effective performance of Commonwealth investigatory functions? ÌÌ the many different forms of Commonwealth statutory provisions (ii) would it be desirable to clarify affecting the question of legal existing provisions for the modification or professional privilege in that context; abrogation of legal professional privilege, and with a view to harmonising them across the Commonwealth statute book? ÌÌ the provisions of the Evidence Act 1995 dealing with client legal privilege; (iii) would it be desirable to introduce or clarify other statutory safeguards where refer to the Australian Law Reform legal professional privilege is modified or Commission (‘the Commission’) for inquiry abrogated, with a view to harmonising them and report, pursuant to subsection 20(1) across the Commonwealth statute book? of the Australian Law Reform Commission and Act 1996, matters relating to the application of legal professional privilege to the (iv) any related matter. coercive information gathering powers of 2. The Commission will identify and consult Commonwealth bodies. with relevant stakeholders. 1. In performing its functions in relation to 3. The Commission is to report no later than this reference, the Commission will: 3 December 2007. (a) consider the investigatory or associated functions of Commonwealth bodies that Dated: 29 November 2006 Philip Ruddock Attorney-General 124 Review of the Privacy Act 1988 (Cth) (e) any relevant constitutional issue
I, Philip Ruddock, Attorney-General of (f) the need of individuals for privacy Australia, having regard to: protection in an evolving technological ÌÌ the rapid advances in information, environment communication, storage, surveillance (g) the desirability of minimising the and other relevant technologies; regulatory burden on business in this area, ÌÌ possible changing community and perceptions of privacy and the extent (h) any other related matter. to which it should be protected by legislation; 2. The Commission will identify and consult with relevant stakeholders, ÌÌ the expansion of State and Territory including the Office of the Federal Privacy legislative activity in relevant areas; and Commissioner, relevant State and Territory ÌÌ emerging areas that may require privacy bodies and the Australian business protection; community, and ensure widespread public consultation. Refer to the Australian Law Reform Commission (‘the Commission’) for inquiry 3. The Commission is to report no later and report pursuant to subsection 20(1) than 31 March 2008.* of the Australian Law Reform Commission Act 1996, matters relating to the extent to Dated 30th January 2006 which the Privacy Act 1988 and related laws Philip Ruddock continue to provide an effective framework Attorney-General for the protection of privacy in Australia. * This date was later amended to 30 May 2008. 1. In performing its functions in relation to this reference, the Commission will consider:
(a) relevant existing and proposed Commonwealth, State and Territory laws and practices
(b) other recent reviews of the Privacy Act 1988 Appendices
(c) current and emerging international law l and obligations in this area
(d) privacy regimes, developments and trends in other jurisdictions Annual Report 2007–08 125 Appendix D Mr Peter Shoyer, Executive Director of Court Support & Independent Offices, Department of Justice Advisory Committee Members (NT) (formerly Northern Territory Information and Consultants Commissioner)
Privacy Inquiry Advisory Commitee Professor Colin Thomson, National Health and Medical Research Dr Bridget Bainbridge, Council National E-Health Transition Authority Mr Nigel Waters, Ms Robin Banks, Pacific Privacy Consulting Public Interest Advocacy Centre Ms Beth Wilson, Mr Paul Chadwick, Health Services Commissioner (Vic) Consultant (formerly Victorian Privacy Commissioner) (until January 2007) Ms Sue Vardon, Department for Families and Communities Ms Karen Curtis, (SA) Privacy Commissioner Privacy Inquiry: Credit Reporting Mr Peter Ford, Advisory Sub–Committee Privacy, Security and Telecommunications Ms Carolyn Bond, Consultant Consumer Action Law Centre Mr Ian Gilbert, Ms Christine Christian, Australian Bankers’ Association Dun and Bradstreet Pty Ltd Mr Duncan Giles, Ms Karen Cox, Freehills Solicitors Consumer Credit Legal Centre (NSW) Professor Margaret Jackson, Mr Ian Gilbert, School of Accounting and Law, RMIT Australian Bankers’ Association University Ms Helen Gordon, Ms Helen Lewin, Australian Finance Conference Telstra Corporation Mr David Grafton, Associate Professor Roger Magnusson, Commonwealth Bank of Australia Faculty of Law, University of Sydney Ms Erica Hughes, Associate Professor Moira Paterson, Veda Advantage (from September 2007) Faculty of Law, Monash University Ms Loretta Kreet, Ms Joan Sheedy, Legal Aid Queensland Privacy and FOI Policy Branch, Department of the Prime Minister and Cabinet Mr Andrew Want, Veda Advantage (until September 2007) 126 Mr Nigel Waters, Mr Martin Stewart-Weeks, Pacific Privacy Consulting Internet Business Solutions Group, Cisco Systems Australia Pty Ltd Ms Kerstin Wijeyewardene, Department of the Treasury (Cth) Professor Michael Wagner, National Centre for Biometric Studies, Privacy Inquiry: Developing University of Canberra Technology Advisory Sub–Committee Mr Paul Budde, Mr Stephen Wilson, Managing Director, BuddeComm Lockstep Consulting
Professor William Caelli Privacy Inquiry: Health Advisory Director Information Assurance, Sub–Committee International Information Security Ms Amanda Adrian, Consultants Pty Ltd and Faculty of Australian Nursing Federation Information Technology, QUT Ms Melanie Cantwell, Mr Chris Cheah, Consumers’ Health Forum of Australia Inc Australian Communications and Media Authority Professor David Hill, The Cancer Council (Vic) Professor Peter Croll, Professor of Software Engineering, Faculty Ms Anna Johnston, of Information Technology, QUT Australian Privacy Foundation
Mr Malcolm Crompton, Dr Graeme Miller, Information Integrity Solutions Pty Ltd Family Medicine Research Centre
Professor Graham Greenleaf, Ms Julia Nesbitt, Faculty of Law, University of New South Australian Medical Association (until Wales September 2007)
Professor Margaret Jackson, Professor Margaret Otlowski, School of Accounting and Law, RMIT Faculty of Law, University of Tasmania University Ms Dianne Scott, Mr David Jonas, Department of Human Services (Vic) Convergence e-Business Solutions Pty Ltd Dr Heather Wellington, Appendices
Peter MacCallum Cancer Centre
Mr Greg Stone, l
National Technology Officer, Microsoft Pty Privacy Consultants Ltd Applied Economics Annual Report 2007–08 127 Client Legal Privilege Inquiry Mr Bret Walker SC, Advisory Committee St James’ Hall Professor Bob Baxt, Freehills
Mr David Bennett QC, Solicitor-General of Australia
Mr Damian Bugg QC, Commonwealth Director of Public Prosecutions (until October 2007)
Mr James Carter, Office of the Commonwealth Director of Public Prosecutions
Mr Brian Cassidy, Australian Competition and Consumer Commission
Mr Peter Brereton, Banco Chambers
Mr Simon Daley, Australian Government Solicitor
Mr Will Day, Australian Taxation Office
Mr Tony D’Aloisio, Australian Securities and Investments Commission
Mr James Faulkner, Legal Services and Native Title Division,Attorney-General’s Department
Mr Will Irving, Telstra Corporation Limited
Dr Sue McNicol, Joan Rosanove Chambers
Dr Christine Parker, University of Melbourne 128 Act 2007 (NSW). The Bill received assent Appendix E on 1 November 2007, but the date of commencement of the provisions has not Implementation Activity yet been proclaimed. 2007–08 In May 2008, the Australian Government introduced the Evidence Amendment Bill The following provides an overview of 2008 to Parliament. The Bill incorporates activity in relation to ALRC reports during almost all of the recommendations of 2007–08. ALRC 102, except the recommendations ALRC 102—Uniform Evidence Law in relation to a general confidential relationships privilege and the extension of The Evidence Amendment (Journalists’ privilege and immunity provisions to pre- Privilege) Act 2007 (Cth) established trial proceedings. The Government has a privilege to protect confidential indicated these issues will be addressed communications between journalists at the time it responds to the ALRC’s and their sources, implementing report Privilege in Perspective: Client Legal Recommendation 15–1 of the report Privilege in Federal Investigations Uniform Evidence Law (ALRC 102, 2005). (ALRC 107, 2008). The new privilege in the Commonwealth ALRC 96—Essentially Yours: The Act is based on the existing privilege in Protection of Human Genetic Information the Evidence Act 1995 (NSW). A further in Australia recommendation (Recommendation 15–2) relating to family law proceedings and Recommendation 11–2 of Essentially retention of the best interests of the child Yours: The Protection of Human as the paramount consideration was also Genetic Information (ALRC 96, 2003) implemented by the Act. The provisions recommended the development of ethical establishing the privilege commenced standards for medical genetic testing. In operation on 26 July 2007. 2007, the National Pathology Accreditation Advisory Council (NPAAC) published The remaining recommendations of Classification of Human Genetic Testing ALRC 102 were considered by the 2007 Edition, which is a supplementary Standing Committee of Attorneys- guide to the Laboratory Accreditation General (SCAG) on 30 July 2007, and Standards and Guidelines for Nucleic Acid strong support for nationally uniform Detection and Analysis (2006). The new evidence laws was expressed. A Model
supplement took effect from 1 January Appendices Uniform Evidence Bill based on the 2008. recommendations of ALRC 102 was l approved. ALRC 84—Seen and Heard: Priority for Children in the Legal Process New South Wales has moved to implement the recommended changes On 18 March 2008, the National to the Evidence Act 1995 (NSW) with Commissioner for Children Bill 2008 was passage of the Evidence Amendment
introduced to the federal Parliament, Annual Report 2007–08 129 sponsored by Senator Andrew Bartlett. in May 2008. Some of the options put It seeks to establish the National forward for discussion, which reflect Commissioner for Children and Young recommendations made in Seen and People as an independent body with a Heard, include: range of functions to promote and protect the rights, interests and wellbeing of ÌÌ national standards and monitoring Australian children at a federal level, with of the out-of-home care system a particular focus on child protection. The (Recommendations 161–162 of Bill is based on the A Better Future for Our ALRC 84); Kids Bill 2003, which was introduced by ÌÌ a solution driven national research the Hon Nicola Roxon MP in 2003. The program (Recommendation 163); second reading speech for the 2008 Bill also indicated that the establishment of a ÌÌ improved national monitoring, National Commissioner is in accordance reporting and accountability, through with the Labor Party’s National Platform, a national Children’s Commissioner adopted in 2007. or a national reporting function (Recommendation 3); and The creation of a national Office for Children, as a federal coordination office ÌÌ improvement in data collection for policy and service delivery for children, (Recommendation 166). was a key recommendation of the Report Seen and Heard: Priority for Children in The Evidence Amendment Bill 2008, the Legal Process (ALRC 84, 1997), a which will implement most of the joint report of the Australian Law Reform recommendations of the Report Uniform Commission and the Human Rights Evidence Law (ALRC 102, 2005), will also and Equal Opportunity Commission. implement a number of recommendations The discussion and recommendations in the Seen and Heard Report that were of the Report were influential in the incorporated into ALRC 102. These development of a 1998 discussion paper include: by the Defence for Children International ÌÌ a new test for determining a witness’ entitled Taking Australia’s Children competence to give sworn and Seriously—A Commissioner for Children unsworn evidence that focuses on the and Young People, which was relied on ability of a person to act as a witness in drafting Labor’s 2003 Bill for a national (Recommendation 98 of ALRC 84); commissioner for children. ÌÌ a prohibition on general warnings A national children’s commissioner, and a about the unreliability of children’s number of other issues raised in the Seen evidence, instead permitting a warning and Heard Report, are being canvassed to be given only upon request of a by the Australian Government as part of party and where the court is satisfied its discussion paper, Australia’s Children: that there are circumstances particular Safe and Well—A National Framework to that child (other than the child’s for Protecting Australia’s Children, which age) that affect the reliability of the was released for public consultation child’s evidence (Recommendation 130 100); and proceedings occurring in Australia as creditors domiciled in Australia. ÌÌ confirmation the court may seek expert opinion evidence to assist it to ALRC 77—Open Government: A Review determine if a witness is competent to of the Federal Freedom of Information Act give evidence (Recommendation 101). 1982
ALRC 80—Legal Risk in International Freedom of Information laws came Transactions under scrutiny in 2007–08, and the recommendations in the ALRC and The ALRC’s Report Legal Risk in Administrative Review Council Report International Transactions (ALRC 80, 1996) Open Government: A Review of the was completed before the UNCITRAL Federal Freedom of Information Act Model Law on Cross-Border Insolvency 1982 (ALRC 77,1995) have been was finalised. The ALRC recommended discussed in a range of forums. There that a high priority be given to involvement has been no government response to in the UNCITRAL Working Group on the Report, and no implementation of its Insolvency with a view to adoption. recommendations to date.
UNCITRAL finalised and adopted its In September 2007, the ALRC received Model Law on Cross-Border Insolvency terms of reference to inquire into Freedom in May 1997. Many countries have been of Information laws and practices in working towards adoption of the Model Australia. Law, including Australia. In September 2007, the Cross-Border Insolvency Bill Australia’s Right to Know Coalition 2007 was introduced to the federal commissioned a report on the state of Parliament to implement the Model media freedom in Australia. The Report Law into Australian law. The Bill was of the Independent Audit into the State of reintroduced to the new Parliament in Free Speech in Australia was published in February 2008, and the Cross-Border October 2007, and included a chapter on Insolvency Act 2008 (Cth) received freedom of information laws. The report assent on 28 May 2008. The substantive claimed that the original intended purpose provisions of the Act are expected to of freedom of information laws is not commence operation in November 2008. being achieved, and that reform to laws and practices is required. The Act provides for a foreign representative commencing an In October 2007, in the lead-up to insolvency proceeding in Australia in the federal election, Labor released Appendices
relation to a debtor that is subject to a its policy document on government l foreign proceeding and provides for a information. The policy document foreign representative participating in indicated that, if elected, Labor would an Australian insolvency proceeding abolish conclusive certificates, implement in relation to that debtor. The Act also the recommendations of ALRC 77, provides that foreign creditors have the and create an independent statutory
same rights regarding the commencement Information Commissioner. Following its Annual Report 2007–08 of, and participation in, insolvency election, the Rudd Government restated 131 its commitment to its election policy on implement the ALRC’s recommendations freedom of information. from ALRC 64.
On 22 July 2008, the Attorney-General informed the ALRC that the Freedom of Information Inquiry was being suspended as part of the freedom of information reform process of the Federal Government.
ALRC 64—Personal Property Securities
The ALRC identified the need for a single national system, including a national register of personal property security interests, in Personal Property Securities (ALRC 64, 1993). Reform in this area has been under discussion for a number of years, with the Australian Government Attorney-General’s Department taking the lead since 2006 in developing proposals for consideration.
In May 2008, the Australian Government released for public comment draft legislation proposing significant reform to the law and practice relating to personal property securities. The Personal Property Securities Bill would establish a single national law governing security interests in personal property, replacing the existing system governed by more than 70 separate pieces of legislation administered by a range of Commonwealth, state and territory government agencies. It would address the creation and extinguishment of security interests in personal property and set out rules for determining priority among competing interests in personal property, and establish a single national online register of personal property securities (the PPS Register). If implemented, the Bill would substantially 132 Appendix F
Implementation Status of ALRC Reports
Report Title Tabling date Implementation brief Degree of Implementation ALRC 108 For Your Tabling UNDER Information: pending CONSIDERATION Australian Privacy Law and Practice
ALRC 107 Privilege in 13 February UNDER Perspective 2008 CONSIDERATION
ALRC 104 Fighting 13 UNDER Words: A September CONSIDERATION Review of 2006 Sedition Laws in Australia
ALRC 103 Same Crime, 22 June UNDER Same Time: 2006 CONSIDERATION Sentencing of Federal Offenders
ALRC 102 Uniform 8 February Evidence Amendment PARTIAL. FURTHER Evidence Law 2006 Bill 2008 (Cth); Evidence PROPOSALS UNDER Amendment Act 2007 CONSIDERATION (NSW); Evidence Amendment (Journalists’ Privilge) Act 2007 (Cth)
ALRC 99 Genes and 31 August House of PARTIAL. FURTHER Appendices
Ingenuity: 2004 Representatives Standing PROPOSALS UNDER l
Gene Committee on Legal and CONSIDERATION Patenting and Constitutional Affairs, Human Health Review of Technological Protection Measures Exceptions (2006) Annual Report 2007–08 133 Report Title Tabling date Implementation brief Degree of Implementation ALRC 98 Keeping Secrets: 23 June National Security SUBSTANTIAL The Protection 2004 Information Amendment of Classified Act 2005 (Cth); National and Security Security Information Sensitive (Criminal Procedure) Act Information 2004 (Cth)
ALRC 96 Essentially 29 May National Pathology PARTIAL. FURTHER Yours: The 2003 Acccreditation Advisory PROPOSALS UNDER Protection of Council, Classification CONSIDERATION Human Genetic of Human Genetic Information in Testing 2007 Edition; Australia National Statement on Ethical Conduct in Human Research (2007); Privacy Legislation Amendment Act 2006 (Cth); Human Genetics Advisory Committee established (2006); IFSA Standards Genetic Information and Family Medical History (2005); Family Law Regulations 2004 (Cth) [parentage testing forms]; Crimes Legislation Enhancement Act 2003 (Cth) [inter- jurisdictional sharing of DNA information with participating jurisdictions]
ALRC 95 Principled 19 March A Guide To Framing PARTIAL. Regulation: 2003 Commonwealth FURTHER Federal Civil & Offences, Civil Penalties PROPOSALS Administrative And Enforcement Powers UNDER Penalties in (2004) CONSIDERATION Australia 134 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 92 The Judicial 2 October Family Law Amendment PARTIAL. FURTHER Power of the 2001 Act 2005 (Cth) PROPOSALS UNDER Commonwealth: [appeals from Family CONSIDERATION A Review of Court]; High Court the Judiciary Rules 2004 [special Act 1903 leave applications]; and Related Jurisdiction of Courts Legislation Legislation Amendment Act 2002 (Cth) [appellate jurisdiction of Federal Court]; Supreme Court Amendment Act 2001 (ACT) [ACT Court of Appeal]
ALRC 91 Review of the 22 May Financial Services PARTIAL. FURTHER Marine Insurance 2001 Reform (Consequential PROPOSALS UNDER Act 1909 Provisions) Act 2001 CONSIDERATION (Cth) [Repeal ss 59, 60 of MIA Act]
ALRC 89 Managing 17 February Australian Academy of SUBSTANTIAL Justice: A 2000 Law established (2005); Review of the Administrative Appeals Federal Civil Tribunal Amendment Justice System Act 2005 (Cth); Family Law Rules 2004 (Cth); Jurisdiction of Courts Legislation Amendment Act 2002 (Cth) [allows a single judge to dismiss an appeal for want of prosecution or failure to comply with a direction Appendices
of the Court]; National l
Pro Bono Resource Centre established (2002); Council of Australian Tribunals established (2002); National Judicial College
established (2002); Annual Report 2007–08 Launch of Australian 135 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 89 Law Online (2001); Cont. FLC review of social science Universities Teaching literature proposal (2001); Australian Committee law discipline review (2001–02); changes to case management in Family Court of Australia and the Federal Court of Australia; Family Law Amendment Act 2000 (Cth) [arbitration of family law property matters]
ALRC 87 Confiscation 15 June Proceeds of Crime Act SUBSTANTIAL that Counts: A 1999 2002 (Cth) Review of the Proceeds of Crime Act 1987
ALRC 85 Australia’s 2 July 1998 Census Information PARTIAL Federal Record: Legislation Amendment A Review of Act 2000 (Cth); Archives Act E-Permanence Strategy 1983
ALRC 84 Seen and Heard: 19 Evidence Amendment PARTIAL Priority for November Bill 2008; Measures to Children in the 1997 Combat Serious and Legal Process Organised Crime Act 2001 (Cth) [examination & cross-examination of child witnesses]; NSW Law Society, Representation Principles for Children’s Lawyers (2000); Children and Young People Act 1999 (ACT) and Justice Act 1997 (Tas) [increase of age of criminal responsibility to 10] 136 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 82 Integrity: But Not 10 Law Enforcement Integrity SUBSTANTIAL by Trust Alone December Commissioner Act 2006 1996 (Cth); Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 (Cth)
ALRC 80 Legal Risk in 8 October Cross-Border Insolvency PARTIAL International 1996 Act 2008 (Cth); Electronic Transactions Transactions Act 2000 (Cth) [complementary legislation in all states and territories]
ALRC 79 Making Rights 10 October Disability Services PARTIAL Count: Services 1996 Amendment (Improved for People with a Quality Assurance) Act Disability 2002 (Cth)
ALRC 78 Beyond the 30 May NIL Door Keeper: 1996 Standing to Sue for Public Remedies
ALRC 77 Open 24 January UNDER Government: A 1996 CONSIDERATION Review of the Federal Freedom of Information Act 1982
ALRC 75 Costs Shifting— 25 October Migration Litigation Reform PARTIAL. FURTHER
Who Pays for 1995 Act 2005 (Cth) PROPOSALS UNDER Appendices
Litigation CONSIDERATION l
ALRC 74 Designs 31 August Designs Act 2003 (Cth) SUBSTANTIAL 1995 Annual Report 2007–08 137 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 73 For the Sake 20 June 1995 Family Law Reform Act SUBSTANTIAL of the Kids: 1995 (Cth) Complex Contact Cases and the Family Court
ALRC 72 The Coming of 8 March Aged Care Act 1997 SUBSTANTIAL Age: New Aged 1995 (Cth) Care Legislation for the Commonwealth
ALRC 70 Child Care for 8 November Child Care Legislation PARTIAL Kids 1994 Amendment Act 1998 (Cth) [confidentiality]; Child Care Legislation Amendment Act 1998 (Cth) [sanctions for breach]
ALRC 69 Equality Before Sex Discrimination SUBSTANTIAL the Law: Amendment Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Domestic Violence Act 1995 (Norfolk Is)
Part I: Justice for 25 July 1994 Women
Part II: Women’s 21 December Equality 1994
ALRC 68 Compliance 29 June 1994 Trade Practices PARTIAL with the Trade Amendment (No 1) Act Practices Act 2001 (Cth) 1974 138 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 67 Equality Before 3 March 1994 see ALRC 69 SUBSTANTIAL (Interim) the Law: Women’s Access to the Legal System
ALRC 65 Collective 30 Managed Investments SUBSTANTIAL Investments: September Act 1998 (Cth) Other People’s 1993 Money
ALRC 64 Personal 27 May 1993 UNDER Property CONSIDERATION Securities
ALRC 63 Children’s 26 May 1993 Evidence (Closed-Circuit SUBSTANTIAL Evidence: Television) (Amendment) Closed Circuit Act 1994 (ACT); TV Crimes Amendment (Children’s Evidence) Act 1996 (NSW)
ALRC 61 Administrative 9 September NIL Penalties in 1992 Customs and Excise
ALRC 60 Customs and 7 May 1992 Customs Amendment PARTIAL Excise Act (No1) 1997 (Cth); Customs Excise and Bounty Amendment Act 1995 (Cth) ALRC 59 Collective 28 April 1992 Superannuation Industry SUBSTANTIAL Appendices
Investments: (Supervision) Act 1993 l
Superannuation (Cth); Superannuation Resolution of Complaints Act 1993 (Cth) Annual Report 2007–08 139 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 58 Choice of Law 28 May 1992 Choice of Law (Limitation PARTIAL Periods) Act 1993 (NSW); Choice of Law (Limitation Periods) Act 1993 (Vic); Choice of Law (Limitation Periods) Act 1994 (WA); Choice of Law (Limitation Periods) Act 1994 (NT)
ALRC 57 Multiculturalism 28 April 1992 Evidence Act 1995 (Cth); SUBSTANTIAL and the Law Evidence Act 1995 (NSW); Racial Hatred Act 1995 (Cth); Family Law Reform Act 1995 (Cth); Crimes and Other Legislation Amendment Act 1994 (Cth)
See also: Consumer Credit Code; Insurance Council of Australia, Insurance Code of Practice
ALRC 55 Censorship 11 Classification SUBSTANTIAL Procedure September (Publications, Films 1991 and Computer Games) Act 1995 (Cth)– complementary legislation in each state and territory
ALRC 52 Guardianship 20 December Guardianship and SUBSTANTIAL and 1989 Management of Property Management of Act 1991 (ACT) Property
ALRC 51 Product Liability 15 August Alternative option NIL 1989 implemented by Trade Practices Amendment Act 1992 (Cth) 140 Report Title Tabling Date Implementation Brief Degree of Implementation
ALRC 50 Community 21 November National Health and PARTIAL Law Reform 1989 Medical Research Council for the ACT: Guidelines on the provision 4th Report— of information to patients Informed Decision-Making in Medical Procedures
ALRC 48 Criminal 27 November Crimes Legislation SUBSTANTIAL Admiralty 1990 Amendment Act 1992 Jurisdiction and (Cth); Crimes (Ships Prize and Platforms) Act 1992 (Cth); Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth)
ALRC 47 Community 6 April 1989 Powers of Attorney SUBSTANTIAL Law Reform (Amendment) Act 1989 for the ACT: (ACT); Property Law 3rd Report— Amendment Act 1990 Enduring Powers (Qld) of Attorney
ALRC 46 Grouped 13 Federal Court SUBSTANTIAL Proceedings in December (Amendment) Act 1991 the Federal Court 1988 (Cth) [did not adopt costs recommendations]
ALRC 45 General 13 Bankruptcy Legislation SUBSTANTIAL Insolvency December Amendment Act 1996 Inquiry 1988 (Cth); Insolvency (Tax Appendices
Priorities) Legislation l
Amendment Act 1993 (Cth); Corporate Law Reform Act 1992 (Cth)
ALRC 44 Sentencing 25 August Crimes Legislation Act PARTIAL 1988 (No 2) 1993 (ACT); Periodic Detention Act Annual Report 2007–08 1995 (ACT); Crimes Legislation Amendment Act (No 2) 1989 (Cth) 141 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 43 The 24 March Interim report—see ALRC PARTIAL (Interim) Commonwealth 1988 44 Prisoners Act
ALRC 42 Occupiers’ 13 April Law Reform SUBSTANTIAL Liability 1988 (Miscellaneous Provisions) (Amendment) Act 1991 (ACT)
ALRC 40 Service and 9 December Service and Execution of SUBSTANTIAL Execution of 1987 Process Act 1992 (Cth); Process Service and Execution of Process Act 1991 (Cth)
ALRC 39 Matrimonial 16 Family Law Reform Act SUBSTANTIAL Property September 1995 (Cth) 1987 ALRC 38 Evidence 5 June 1987 Evidence Act 1995 (Cth); SUBSTANTIAL Evidence Act 1995 (NSW)
ALRC 37 Spent 3 June 1987 Crimes Legislation SUBSTANTIAL Convictions Amendment Act 1989 (Cth); Human Rights and Equal Opportunity Commission Regulations (Cth)
ALRC 36 Debt Recovery 21 October Bankruptcy Legislation SUBSTANTIAL and Insolvency 1987 Amendment Act 1996 (Cth); Magistrates Court (Enforcement of Judgments) Act 1994 (ACT); Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth)
ALRC 35 Contempt 3 June 1987 Family Law Amendment PARTIAL Act 1989 (Cth) ALRC 33 Civil Admiralty 2 December Admiralty Act 1988 (Cth) SUBSTANTIAL Jurisdiction 1986 142 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 32 Community 23 October Law Reform SUBSTANTIAL Law Reform for 1986 (Miscellaneous Provisions) the ACT: 2nd (Amendment) Act (No 2) Report—Loss of 1991 (ACT) Consortium and Compensation for Loss of Capacity to do Housework
ALRC 31 The Recognition 12 June Crimes and Other PARTIAL of Aboriginal 1986 Legislation Amendment Act Customary Laws 1994 (Cth) [Investigation procedures]; Evidence Act 1995 (Cth) [Interpreters and interrogation]; Safety and Rehabilitation and Compensation Act 1988 (Cth) s 4; Adoption legislation in NSW, NT, SA, Vic; De Facto Relationships Act 1984 (NSW); Administration and Probate Act 1979 (NT); Family Provision Act 1970 (NT) [Customary marriage recognition]; Child Placement Principle —see child welfare laws in each state and territory; Native Title Act 1993 (Cth) [Fishing, hunting, and gathering rights]
ALRC 30 Domestic 20 March Domestic Violence SUBSTANTIAL Appendices
Violence 1986 Amendment Act 1991 l (ACT); Domestic Violence Act 1986 (ACT) Annual Report 2007–08 143 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 28 Community Law 29 Law Reform (Miscellaneous SUBSTANTIAL Reform for the November Provisions) (Amendment) ACT: 1st Report— 1985 Act 1991 (ACT); Contributory Compensation (Fatal Negligence in Injuries) (Amendment) Act Fatal Accident 1991 (ACT) Cases and Breach of Statutory Duty Cases and Funeral Costs in Fatal Accident Cases
ALRC 27 Standing in 29 See ALRC 78 NIL Public Interest November Litigation 1985
ALRC 26 Evidence 21 August See ALRC 38 SUBSTANTIAL (Interim) 1985
ALRC 24 Foreign State 10 October Foreign States Immunities SUBSTANTIAL Immunity 1984 Act 1985 (Cth)
ALRC 22 Privacy 14 Privacy Act 1988 (Cth); SUBSTANTIAL December Telecommunications 1983 (Interception) Amendment Act 1987 (Cth)
ALRC 20 Insurance 16 Insurance Contracts Act SUBSTANTIAL Contracts December 1984 (Cth) 1982 ALRC 18 Child Welfare 12 Children’s Services Act SUBSTANTIAL November 1988 (ACT) 1981 ALRC 16 Insurance Agents 11 Insurance (Agents and SUBSTANTIAL and Brokers September Brokers) Act 1984 (Cth) 1980 144 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 15 Sentencing of 21 May Crimes Amendment PARTIAL (Interim) Federal Offenders 1980 Act 1982 (Cth); Crimes Compensation Act 1982 (NT); Criminal Injuries Compensation Act 1983 (ACT); Crimes Legislation Amendment Act (No 2) 1989 (Cth)
ALRC 14 Lands 22 April Lands Acquisition Act 1989 SUBSTANTIAL Acquisition and 1980 (Cth); Lands Acquisition Compensation Act 1978 (NT)
ALRC 12 Privacy and the 15 Census and Statistics SUBSTANTIAL Census November Amendment Act 1981 (Cth) 1979
ALRC 11 Unfair 7 June 1979 Uniform Defamation Act NIL Publication: 2005 in NSW, Vic, Qld, SA, Defamation and WA, TAS. NT Privacy
ALRC 9 Complaints 9 June 1978 See ALRC 1 SUBSTANTIAL against Police (Supplementary Report)
ALRC 7 Human Tissue 21 Transplantation and SUBSTANTIAL Transplants September Anatomy Act 1978 (ACT) 1977 [legislation based on the report has been enacted in all states and territories] Appendices
ALRC 6 Insolvency: The 4 November Bankruptcy Amendment SUBSTANTIAL l
Regular Payment 1977 Act 1996 (Cth); Bankruptcy of Debts Amendment Act 1980 (Cth)
ALRC 4 Alcohol, Drugs 23 Motor Traffic (Alcohol and SUBSTANTIAL and Driving September Drugs) Act 1977 (ACT) 1976 Annual Report 2007–08 145 Report Title Tabling Date Implementation Brief Degree of Implementation ALRC 2 Criminal 8 November Defence Force (Discipline) SUBSTANTIAL Investigation 1975 Act 1984 (Cth); Crimes (Investigation of Commonwealth Offences) Act 1991 (Cth); Crimes Amendment (Forensic Procedures) Act 1998 (Cth); See also Police Administration Act 1978 (NT) ALRC 1 Complaints 7 August Complaints (Australian SUBSTANTIAL against Police 1975 Federal Police) Act 1981 (Cth); See also Police (Allegations of Misconduct) Act 1977 (NSW); Police Administration Act 1979 (NT)
146 Appendix G
Public Presentations
PUBLIC PRESENTATIONS 2007–08
4 July 2007 The President attended the conference ‘Formulating a New Approach to Trust and Privacy in the Information Age’ at Parliament House, Sydney, where he delivered a luncheon address on the ALRC’s Privacy Inquiry, entitled ‘Public Feedback and Emerging Approaches’.
17 July 2007 The President spoke at the official launch of the Australian Academy of Law at Government House, Brisbane and delivered the opening remarks at the Symposium on ‘Fragmentation or consolidation? Fostering a coherent professional identity for lawyers’. The Symposium was chaired by Professor Rosalind Croucher.
15 August 2007 The President delivered an address on ‘Privacy Issues and Recent ALRC Inquiries’ at the Sydney Chamber of Commerce Legal Counsel Forum Luncheon, in Sydney.
24 August 2007 Professor Rosalind Croucher gave a presentation on ‘Law Reforming—the whys, wherefores and where-tos’ at the Economics and Business Educators of New South Wales Annual Conference, in Sydney.
18 September 2007 Professor Les McCrimmon gave a presentation, ‘Review of Privacy—Credit Reporting Provisions’ at a meeting of the Australasian Retail Credit Association in Melbourne.
20 September 2007 Professor Les McCrimmon gave a presentation on
‘Privacy in Credit Reporting’ at the Lexis Nexis 17th Appendices
Annual Credit Law Conference, on the Gold Coast. l
24 September 2007 Professor Rosalind Croucher gave a presentation on ‘Client legal privilege and federal investigatory bodies— emerging issues and themes’ at the Third Annual Public Sector In-House Counsel Forum, in Canberra. Annual Report 2007–08 147 25 September 2007 The President attended the Australasian Law Teachers Association Conference, where he gave a presentation on ‘Law Reform and Public Policy: Courts, Commissions and the Academy’, at the University of Western Australia, in Perth.
11 October 2007 Professor Les McCrimmon gave a presentation on ‘Review of Australian Privacy Laws: Credit Reporting Provisions’ at the Australian Institute of Credit Management National Conference, on the Gold Coast.
12 October 2007 Professor Les McCrimmon gave a seminar on ‘Law Reform and Australian Privacy Law’ to staff and students at Bond University, on the Gold Coast.
16 October 2007 The Executive Director Mr Alan Kirkland gave a presentation on ALRC internships and career options, during the Government Careers Week at the UNSW Faculty of Law, in Sydney.
17 October 2007 Professor Les McCrimmon was a panel speaker in a session on ‘Biobanks and Data Banks: Ethics, Governance and Public Trust’, at a National Health and Medical Research Council Symposium on Ethics in Human Research, in Melbourne.
17 October 2007 Professor Rosalind Croucher gave a presentation on ‘Creating a law reform commission in South Australia’ to the Law Reform Institute Committee of the Law Society of South Australia, in Adelaide.
19 October 2007 The President gave a presentation on ‘Learning from the past, looking to the future’ at the PIAC 25th Anniversary Conference, in Sydney.
18–19 October 2007 Professor Rosalind Croucher gave a keynote presentation entitled ‘The Uniform Succession Laws Project in Australia—Challenges Past, Present and Future’ at the Australian Executor Trustees Succession Law Conference, in Adelaide. 148 23 October 2007 The President addressed a forum hosted by KPMG and Information Integrity Solutions, concerning Discussion Paper 72, Review of Australian Privacy Law, in Sydney.
1-2 November 2007 Professor Rosalind Croucher attended the Australian Corporate Lawyers Association conference, in Melbourne, and delivered a paper on ‘Client legal privilege and federal investigations—principled proposals’.
7 November 2007 Professor Les McCrimmon gave a presentation on ‘Australian Privacy Law in the 21st Century—Proposals for Reform’ at the Privacy Professionals meeting, in Sydney.
12 November 2007 Senior Legal Officer Ms Carolyn Adams contributed to discussion at the National E-Health Transition Authority Secondary Use Roundtable, in Sydney.
15 November 2007 Senior Legal Officer Ms Carolyn Adams gave a presentation on ‘Review of Australian Privacy Law’ at a meeting of the Human Genetics Advisory Committee, in Canberra.
16 November 2007 Professor Les McCrimmon gave a presentation on ‘Privacy and Credit Card Assessment’ at the Credit Card Risk Managers Roundtable, in Sydney.
16 November 2007 Research Manager Ms Lani Blackman attended a meeting of the Family Law Council, in Canberra, and provided a briefing on Discussion Paper 72, Review of Australian Privacy Law, in Canberra.
16 November 2007 Research Manager Ms Lani Blackman attended a meeting of the Administrative Review Council in Canberra, and provided a briefing on the progress of the Commission’s Appendices
Client Legal Privilege, Privacy and Freedom of Information l
references.
20 November 2007 Professor Les McCrimmon gave a presentation on ‘Too Much or Not Enough: A Review of Australian Privacy Law’ at a Law Council Seminar, in Sydney. Annual Report 2007–08 149 21 November 2007 Research Manager Ms Lani Blackman gave a presentation on law reform to Year 11 Legal Studies students from Cherrybrook Technology High School, in Sydney.
21 November 2007 Senior Legal Officer Ms Carolyn Adams gave a presentation on ‘Adapting the Law to the New Genetics: Privacy, Discrimination and Ethics’ at the Melbourne JD Guest Series, University of Melbourne.
21 November 2007 Professor Les McCrimmon addressed a forum hosted by KPMG and Information Integrity Solutions, concerning Discussion Paper 72, Review of Australian Privacy Law, in Melbourne.
22 November 2007 Professor Rosalind Croucher gave a presentation on ‘Challenges for Women in Leadership: Observation from Experience as a Law Dean’ at the Port Moresby Chamber of Commerce, in Papua New Guinea.
12 December 2007 Research Manager Ms Lani Blackman gave a presentation on the Privacy and Freedom of Information Inquiries to a meeting of the Federal Agencies Knowledge Managers group, in Sydney.
13 December 2007 The President attended the Centre for Law and Genetics Colloquium 2007, ‘Human Genetic Biobanks: Achieving World’s Best Practice in Tasmania’, at the University of Tasmania, where he chaired the thematic sessions and provided a summation of proceedings.
3 January 2008 Professor Les McCrimmon gave a presentation on ‘Teaching Case Theory’ at the Second International Advocacy Teachers’ Conference at the Monash University Prato Centre, in Prato, Italy.
6 February 2008 Professor Les McCrimmon gave a presentation on ‘Future Options for Transborder Data Flow Regulation’ at the Asia-Pacific Economic Cooperation (APEC) Data Privacy Pathfinder Seminar for Australian Stakeholders, in Sydney. 150 6 March 2008 The President gave a presentation on ‘The ALRC Inquiry on Freedom of Information’ at a seminar on Freedom of Information in Brisbane, jointly hosted by the ALRC and the Queensland Freedom of Information Independent Review Panel. Professor Rosalind Croucher provided a summation of issues pertinent to the ALRC.
15 March 2008 The President attended the Kitazato University International Experts Meeting 2008 in Japan, and gave a presentation on ‘The Practical and Policy Constraints on the Protection of Human Genetic Information: Avoiding One-Size-Fits-All Regulation’.
16 March 2008 The President attended the Kitazato University Public Symposium 2008 in Japan, and gave a presentation on ‘The Role and Limitation of Legal Regulation for the Development of Quality Genetic Testing Services’.
26 March 2008 The President gave a presentation on ‘Law, Ethics and the Human Genome’ at the University of Technology, in Sydney.
14 April 2008 Professor Rosalind Croucher attended and presented ‘Perspectives on Privilege—Client Legal Privilege and Federal Investigations’ at the Melbourne JD, in Melbourne.
22 April 2008 Professor Rosalind Croucher attended and presented the ‘ALRC’s Report on Perspectives on Privilege—Client Legal Privilege and Federal Investigations’ at Sparke Helmore Lawyers, in Sydney.
24 April 2008 Professor Rosalind Croucher attended and presented the keynote address at the Australian Intervarsity Debating Appendices
Championships, in Sydney. l
19–20 May 2008 The President attended and gave a presentation on ‘The ALRC’s Review of Privacy Law and Practice’ at the AusCERT Asia Pacific Information Security Conference 2008 on the Gold Coast. Annual Report 2007–08 151 22 May 2008 The President was on a panel at the Voiceless Conference on Animal Law, at UNSW, commenting on the keynote address by Indian lawyer Raj Panjwani.
4 June 2008 The President gave a presentation on ‘Legal Aspects of Genetic Privacy: Are your Genes a Secret?’ at the Australian Society for Medical Research (ASMR) Science in the Cinema Series, in Sydney.
16 June 2008 Professor Rosalind Croucher gave a presentation on ‘Tangling with Testamentary Intention—The Advent of Statutory Wills’, in Sydney.
20 June 2008 Professor Rosalind Croucher gave a presentation on ‘Inspired Law Reform or Quick Fix? Or, ‘Well, Mr Torrens, What do you Reckon Now?’ A Reflection on Voluntary Transactions and Forgeries in the Torrens System’, at a symposium to mark the 150th anniversary of Torrens Title in Adelaide.
24–26 June 2008 The President gave a presentation on ‘DNA Databases, Population Genetics and the Public Interest’ at the Oxford Symposium on ‘Biobanking, Benefit Sharing and the Public Good’ organised by the Centre for Law and Genetics and the Ethox Centre, at Oxford University..
CONTRIBUTIONS TO NEWSPAPERS AND JOURNALS BY ALRC COMMISSIONERS AND STAFF 2007–08 ÌÌ Professor David Weisbrot, President, ‘Comment’ (2007) 90 Reform 2.
ÌÌ Professor Rosalind Croucher, Commissioner, ‘Human right or handbrake on the truth? Client legal privilege and federal investigatory bodies’ (2007) 90 Reform 59.
ÌÌ Bruce Alston, Senior Legal Officer, ‘Review of credit reporting conditions: The ALRC’s Privacy Inquiry’ (2007) 90 Reform 62.
ÌÌ Professor Rosalind Croucher, Commissioner, ‘A bulwark against tyranny or the concealment of truth? Client legal privilege under review’ (2007) Tasmanian Law Letter.
ÌÌ Professor Rosalind Croucher, Commissioner, ‘Law Reform as Personalities, Politics and Pragmatic—The Family Provision Act 1982 (NSW): A Case Study’ Legal History (2007) 11 (1), 1-30. 152 Ì Professor Rosalind Croucher, Commissioner, ‘Conflicting Narratives in Succession Law—A Review of Recent Cases’, Australian Property Law Journal (2007) 14, 179–200.
Ì Professor Rosalind Croucher, Commissioner, ‘An accidental analysis’, Law Institute Journal (Vic) August 2007.
Ì Lauren Jamieson, Legal Officer, and Jonathan Dobinson, Senior Legal Officer, ‘Because of the Privacy Act’ Online Opinion 17 October 2007.
Ì Lauren Jamieson, Legal Officer, and Jonathan Dobinson, Senior Legal Officer, ‘A Review of Australian Privacy Law’ Law Institute Journal (Vic) October 2007.
Ì Professor David Weisbrot, President, ‘Comment’ (2007–08) 91 Reform 2.
Ì Jonathan Dobinson, Senior Legal Officer, ‘Achieving National Consistency in Privacy Regulation’ (2007–08) 91 Reform 54.
Ì Jonathan Dobinson, Senior Legal Officer, ‘Achieving National Consistency: The ALRC’s Privacy Inquiry’ Tasmanian Law Letter, Summer 2007.
Ì Carolyn Adams, Senior Legal Officer, ‘Health Privacy in Australia’ Hot Topics 64 (2008).
Ì Jonathan Dobinson, Senior Legal Officer, ‘Privacy widely canvassed’ Law Institute Journal (Vic) December 2007.
Ì Kate Connors, Senior Legal Officer, ‘Perspectives on Privilege’ Law Institute Journal (Vic) April 2008.
Ì Professor Rosalind Croucher, Commissioner, ‘Statutory Wills and Testamentary Freedom—Imagining the Testator’s Intention in Anglo-Australian Law’ (2007) 7 (2) Oxford University Commonwealth Law Journal (2007).
Ì Professor David Weisbrot, President, ‘Policy Transparency, Genetic Counselling and the Required Legal Infrastructure’ (2007) 3 (2) Taiwan Journal of Law and Technology Policy 23–71.
Ì Professor David Weisbrot, President, ‘Strong Public Engagement and Public Policy: Human Critical Underpinnings for Human Genetic Research’ in Mark Stranger (ed) Appendices Biotechnology and Public Trust: Trends, Perceptions and Regulation
(Centre for Law l
and Genetics, 2007) 210–236. Annual Report 2007–08 Annual Report 153
2007-08 Annual Report.indd Sec1:153 18/09/2008 4:33:33 PM Appendix H
Citations of ALRC reports in major court decisions
Same Crime, Same Time: Sentencing of Federal Offenders (ALRC 103, 2006) R v Norris [2007] VSCA 241 R v Detenamo [2007] VSCA 160 R v Tran [2007] QCA 221
Uniform Evidence Law (ALRC 102, 2005) R v R W [2008] VSCA 79 R v The Herald and Weekly Times Ltd [2007] VSC 482 R v Lester [2007] QSC 229
Principled Regulation: Federal Civil & Administrative Penalties in Australia (ALRC 95, 2002) Commissioner of Taxation v Dixon (Trustee) [2007] FCA 1079
Managing Justice: A Review of the Federal Civil Justice System (ALRC 89, 2000) SZLHM v Minister for Immigration & Citizenship [2008] FCA 754
Confiscation that Counts: A Review of the Proceeds of Crime Act 1987, (ALRC 87, 1999) Director of Public Prosecutions for Victoria v Le [2007] HCA 52 R v McLeod [2007] VSCA 183
Designs (ALRC 74, 1995) The Polo/Lauren Company LP v Ziliani Holdings Pty Ltd [2008] FCA 49
Equality Before the Law: Justice for Women, Part I (ALRC 69, 1994) AB v Registrar of Births, Deaths and Marriages [2007] FCAFC 140
Censorship Procedure (ALRC 55, 1991) Adultshop.Com Ltd v Members of the Classification Review Board [2007] FCA 1871 R v Clarke [2008] SASC 100
Grouped Proceedings in the Federal Court (ALRC 46, 1988) Multiplex Funds Management Ltd v P Dawson Nominees Pty Ltd [2007] FCAFC 200
General Insolvency Inquiry (ALRC 45, 1988) Deputy Commissioner of Taxation v Wellnora Pty Ltd [2007] FCA 1234 Mitsui & Co Ltd v Hanwha (HK) Co Ltd [No 2] [2007] FCA 2071 Walker re One.Tel Ltd [2007] NSWSC 1478 TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd [2007] NSWSC 1410 154 Tatlers.com.au Pty Ltd v Davis [2007] NSWSC 835 Deputy Commissioner of Taxation v Dick [2007] NSWCA 190 Newtronics Pty Ltd v Gjergja [2008] VSCA 117
Sentencing (ALRC 44, 1988) Saadat-Talab v Australia Federal Police [2007] NSWSC 1353 Johnsson v R [2007] NSWCCA 192
Matrimonial Property (ALRC 39, 1987) Moore and Moore [2008] FamCA 32
Evidence (ALRC 38, 1987) and Evidence (ALRC 26 (Interim), 1985) Evans v The Queen [2007] HCA 59 Em v The Queen [2007] HCA 46 Tofilau v The Queen; Marks v The Queen; Hill v The Queen; Clarke v the Queen [2007] HCA 39 Bodney v Bennell [2008] FCAFC 63 (23 April 2008) Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2007] FCA 1828 Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559 Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd [2008] FCA 369 Murphy and Murphy [2007] FamCA 795 The Ridge Trading Pty Ltd v JC Export & Import Pty Ltd [2007] FMCA 1927 Parker v Comptroller-General of Customs [2007] NSWCA 348 Dyldam Developments Pty Ltd v Jones [2008] NSWCA 56 RA v R Non Publication Order [2007] NSWCCA 251 R v Sood [2007] NSWCCA 214 R v Syed, Islam, Mahmood [2008] NSWCCA 37 R v Petroulias (No 29) [2007] NSWSC 1005 Dawson v Commonwealth Bank [2007] NSWSC 887 Leeks v X Y [2008] VSCA 21 Tomasevic v Travaglini [2007] VSC 337 Australian Crime Commission v Magistrates’ Court of Victoria (at Melbourne) & Brereton [2007] VSC 297 C v Chief Commissioner of Police [2008] VSC 51 Dair v The State of Western Australia [2008] WASCA 72 Le v McElwee [2008] ACTSC 55
R v McLaughlan [2008] ACTSC 49 Appendices
l
Civil Admiralty Jurisdiction (ALRC 33, 1986) Heilbrunn v Lightwood PLC [2007] FCA 1518
The Recognition of Aboriginal Customary Laws (ALRC 31, 1986) Griffiths v Minister for Lands, Planning and Environment [2008] HCA 20 Annual Report 2007–08 155 Standing In Public Interest Litigation (ALRC 27, 1985) Freehills, in the matter of New Tel Ltd (in liq) [2008] FCA 762
Insurance Contracts (ALRC 20, 1982) CGU Insurance Ltd v AMP Financial Planning Pty Ltd [2007] HCA 36 Tosich v Tasman Investment Management Ltd [2008] FCA 377 CGU Workers Compensation (NSW) Ltd v Garcia [2007] NSWCA 193 Davis v Westpac Life Insurance Services Ltd [2007] NSWCA 175 Nguyen v QBE Insurance Ltd [2007] SASC 454
Child Welfare (ALRC 18, 1981) PM v The Queen [2007] HCA 49
Insurance Agents and Brokers (ALRC 16, 1980) Australian Finance Direct Ltd v Director of Consumer Affairs Victoria [2007] HCA 57
Lands Acquisition and Compensation (ALRC 14, 1980) Chang v Laidley Shire Council [2007] HCA 37 (29 August 2007)
Criminal Investigation (ALRC 2 (Interim), 1975) Gassy v The Queen [2008] HCA 18 Carr v State of Western Australia [2007] HCA 47
156 Glossary and Index
2007–08 Glossary AGD Attorney-General’s Department
ALRAC Australasian Law Reform Agencies Conference
ALRC Australian Law Reform Commission
ALRC Act Australian Law Reform Commission Act 1996 (Cth)
ALRC 11 The Final Report for the ALRC’s review of defamation laws. The full title is Unfair Publication: Defamation and Privacy (1979).
ALRC 22 The Final Report of the ALRC’s first Privacy review which formed the basis for the Privacy Act 1988 (Cth). The full title is Privacy (1983).
ALRC 77 The Final Report of the ALRC’s first review of the Freedom of Information Act 1982 (Cth). The full title is Open Government: A Review of the Federal Freedom of Information Act 1982 (1995).
ALRC 80 The Final Report for the ALRC’s review of the Cross-Border Insolvency Act 2008 (Cth) and Electronic Transactions Act 2000 (Cth). The full title is Legal Risk in International Transactions (1996).
ALRC 84 The Final Report for the ALRC and Human Rights and Equal Opportunity Commission Inquiry into children in the legal process. The full title is Seen and Heard: Priority for Children in the Legal Process (1997).
ALRC 89 The Final Report of the review of federal civil justice system. The full title is Managing Justice: A Review of the Federal Civil Justice System (2000).
ALRC 92 The Final Report of the Judiciary Act Inquiry. The full title is The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (2001). 158 ALRC 95 The Final Report of the Civil and Administrative Penalties Inquiry. The full title is Principled Regulation: Federal Civil and Administrative Penalties in Australia (2002).
ALRC 96 The Final Report of the Genetic Information Inquiry. The full title is Essentially Yours: The Protection of Human Genetic Information in Australia, (2003).
ALRC 98 The Final Report for the ALRC’s review of classified and security sensitive. The full title is Keeping Secrets: The Protection of Classified and Security Sensitive Information (2004).
ALRC 99 The Final Report of the Gene Patenting Inquiry. The full title is Genes and Ingenuity: Gene Patenting and Human Health (2004).
ALRC 102 The Final Report of the ALRC’s most recent Evidence Inquiry, jointly produced by the ALRC, the NSWLRC and the VLRC. The full title is Uniform Evidence Law (2005).
ALRC 103 The Final Report of the ALRC Inquiry into Part IB of the Crimes Act 1914. The full title is Same Crime, Same Time: Sentencing of Federal Offenders (2006).
ALRC 104 The Final Report of the ALRC Inquiry into sedition laws in Australia. The full title is Fighting Words: A Review of Sedition Laws in Australia (2006).
ALRC 107 The Final Report of the ALRC Inquiry into legal professional privilege. The full title is Privilege in Perspective: Client Legal Privilege in Federal Investigations (2007)
ALRC 108 The Final Report of the ALRC’s latest Privacy Inquiry. The full title is For Your
Information: Review of Australian Privacy Law and Practice (2008). The Report Glossary and Index
was completed and transmitted in the reporting period, but tabled in federal l
Parliament in 2008–09.
ALSA Australian Law Students’ Association
ANAO
Australian National Audit Office 2007–08 Annual Report 159
2007-08 Annual Report.indd Sec1:159 18/09/2008 5:01:05 PM ANU Australian National University
ASCII American Standard Code for Information Interchange. ASCII is a standard document coding system that can be opened by any computer. ASCII files have no formatting and provide people with a print disability with access to published information via computer.
AustLII Australian Legal Information Institute AAL Australian Academy of Law
CAC Act Commonwealth Authorities and Companies Act 1997 (Cth)
CALRAs Commonwealth Association of Law Reform Agencies
Client Legal Privilege Inquiry The ALRC’s review of the application of client legal privilege (also known as legal professional privilege) within the context of federal investigations. The Final Report of the Inquiry is Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107, 2007)
DP 72 A Discussion Paper released to support the Privacy Inquiry. The full title is Review of Australian Privacy Law (2007).
DP72 Overview Review of Australian Privacy Law: An Overview. A summary of Discussion Paper 72.
DP 73 A Discussion Paper released to support the Client Legal Privilege Inquiry. The full title is Client Legal Privilege and Federal Investigatory Bodies (2007).
EEO Equal employment opportunity
EMS Environmental management system
ESD Ecologically sustainable development 160 Evidence Inquiry The ALRC’s Review of the Evidence Act 1995. The ALRC formally collaborated with the New South Wales Law Reform Commission and the Victorian Law Reform Commission to produce a joint report Uniform Evidence Law (ALRC 102, 2005).
FOI Act Freedom of Information Act 1982 (Cth)
HTML HyperText Markup Language. The coded format used to create documents on the World Wide Web and control how web pages appear.
HUGO Human Genome Organisation
IP 31 The first consultation paper of the ALRC’s Privacy Inquiry. The full title is Review of Privacy (2006).
IP 32 The second consultation paper of the ALRC’s Privacy Inquiry. The full title is Review of Privacy: Credit Reporting Provisions (2006).
IP 31 & 32 Overview A consultation paper of the ALRC’s Privacy Inquiry, providing a summary of Issues Paper 31 & Issues Paper 32. The full title is Reviewing Australia’s Privacy Laws: Is Privacy Passé?
IP 33 The first consultation paper for the Client Legal Privilege Inquiry. The full title is Client Legal Privilege and Federal Investigatory Bodies (2007).
Kirby Cup The Kirby Cup Law Reform Competition is designed to encourage law students to participate in the process of law reform and is held each year as part of the annual ALSA conference.
NZLC Glossary and Index New Zealand Law Commission l
NSWLRC New South Wales Law Reform Commission
OECD Organisation for Economic Cooperation and Development Annual Report 2007–08 Annual Report 161
2007-08 Annual Report.indd Sec1:161 18/09/2008 5:02:16 PM OH&S Occupational health and safety
PDF Portable Document Format. A type of formatting that enables files to be viewed as they were created on a variety of computers, regardless of the program originally used to create them. PDF documents require (free) Adobe Acrobat Reader software. Some PDF documents create access difficulties for some users.
Privacy Inquiry The ALRC’s review of the federal Privacy Act 1988 and related laws. The Final Report, For Your Information: Review of Australian Privacy Law and Practice (ALRC 108, 2008) was completed and transmitted in the reporting period, but tabled in federal Parliament in 2008–09.
Reform Journal of the ALRC, published twice a year, in summer and winter
RTF Rich Text Format. RTF files are ASCII files with additional commands for formatting. ASCII files provide people with a print disability with access to published information via computer
SCAG Standing Committee of Attorneys-General
SILRC Solomon Islands Law Reform Commission
UNCITRAL United Nations Commission on International Trade Law
VLRC Victorian Law Reform Commission
162 Compliance Index
Audit Committee 68–69 Judicial & tribunal see External scrutiny Audit Report 69, 91–92 decisions Membership 14–18, 66–67 Certified Agreement 73, 75 see also Collective Occupational health and 77–78 Agreement safety Collective Agreement 75–76 Ombudsman, scrutiny see External scrutiny by Consultancies 79, 83 Organisational structure 13 Contact officer inside front page Outcome and outputs 29 Directors see Membership structure Disability strategy 87–89 Parliamentary inquiries see External scrutiny Ecologically sustainable 84 development Publications 3, 19, 30, 32, 38–39, 41–44, Environmental 85 48–49, 50, 56, Management System 129–146
Equal employment 76 Responsible minister 13, 66 opportunity Risk management 71–72 Ethics 69–70 Staff
External Scrutiny 72–73 list of 73–74
Financial statements 84, 91–117 development of 77 profile of 74 Fraud Control Plan 71–72 Tribunal decisions see External scrutiny Freedom of information 86 statement
Functions 13, 66
Glossary 158–162
Indemnities & insurance 70–71 policies Glossary and Index
Internet home page 10 l
address for Annual Report Annual Report 2007–08 163 Alphabetical Index Collaboration 21, 24 Collective Agreement 75 Administrative 20, 35, 131, 149 Review Council Collier, Justice Berna 17
Advisory Committees 30, 34–35, Commonwealth Association 20 37–38, 126–128 of Law Reform Agencies (CALRAs) ALRC 11 42 Consultancies 79, 83 ALRC 64 132 Consultation 7–8, 30, 34, ALRC 77 7, 35–36, 44, 36–41 131–132 Consultation papers 38–39, 48–49 ALRC 80 44, 131 Contributions to external 25–26 ALRC 84 129–131 inquiries
ALRC 96 43, 129 Corporate Plan 72, 119–120
ALRC 102 43, 129 Croucher, Prof Rosalind 16, 21
ALRC 108 see Privacy Disability strategy 87–89 Inquiry Divisions of the ALRC 67 ALRC Act 13 DP 72 see Privacy Attorney-General 13, 20, 66 Inquiry
Attorney-General’s 20 DP 73 see Client Legal Department (AGD) Privilege Inquiry
Audit Committee 68–69 Ecologically sustainable 84 development Audit Report 69, 91–92 Employment conditions 75–76 Australasian Law Reform 24 Agencies Conference Environmental Management 85 (ALRAC) System
Australian Academy of Law 58–63 Equal employment 76–77 opportunity Australian Law Students 24 Association (ALSA) Ethics 69–70
Board of Management 68 Evidence Amendment Bill 20, 129, 130
CAC Act 65, 66, 68, 69, External scrutiny and controls 72–73 122 Family Law Council 21 Certified Agreement 73, 75 see also Collective Financial performance 84 Agreement summary
Client Legal Privilege Inquiry 5–6, 19, 30–32 Financial statements 91–117
Terms of Reference 124 164 Fraud control 71–72 Occupational health 77–78 and safety Freedom of Information 7, 35–36 Inquiry Ombudsman, see External scrutiny scrutiny by Freedom of information 86 statement Online obligations 53, 87–89
French, Justice Robert 17 Organisational structure 13
Full Commission meetings 66–67 Outcomes 30–44
Functions 13 Outputs 46–57
Glossary 158–162 Parliamentary inquiries see External scrutiny
Guide to Report 10–11 Policy Manual 69, 122
Highlights 2–3 Privacy Inquiry 6–7, 19, 21, 32–35 Home page see website Terms of Reference 125
Implementation of reports 41–44, 129–146 Privilege in Perspective see Client Legal Privilege Inquiry Indemnities and insurance 70–71 Publications 3, 19, 30, 32, Information technology 78–79 38–39, 41–44, 48–49, 50, 56, Internet see Online 129–146 obligations; Website Public debate 47–49
Internship program 80–82 Purchasing Policy 79
Journal and newspaper 50, 152–153 Reform (ALRC journal) 50, 56 articles Reporting dates 46 Judicial & tribunal see External decisions scrutiny Risk management 71–72
Kenny, Justice Susan 17 Senate Estimates Committee 72
Kiefel, Justice Susan 17, 18 Solomon Islands Law 22–23 Reform Commission Kirby Cup Law Reform 24, 57 Competition Speeches 46–47, 147–152
Library 78 Staff Glossary and Index list of 73–74 McCrimmon, Prof Les 15, 21 l development of 77 Media 47–48, 50, 52, profile of 74 152–153 Stakeholders 46–49 Members 14–18, 66–67 Standing Committee of 21, 43, 129 Michael Kirby Library see Library Attorneys-General (SCAG) Annual Report 2007–08 165 Statement of Governance 66–72
Submissions to ALRC 39
Terms of reference 123–125
Transmittal letter inside front pages
Tribunal decisions see External scrutiny
Vision statement 72
Visitors to the ALRC 22–23, 51
Website 52–55 see also Online obligations
Weisbrot, Prof David 15, 20
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