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Annual REPORT 2007–08 Australian Law Reform Commission

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Annual REPORT 2007–08 Australian Law Reform Commission AnnuAl REPORT 2007–08 Australian Law Reform Commission RepoRt 109 © Commonwealth of Australia 2008 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non- commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved. Requests for further authorisation should be directed to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600. Alternatively, an online request form is available at <www.ag.gov.au/cca>. ISBN 978-0-9804153-3-9 Print Post Approval Number: PP255003/02228 Commission Reference: ALRC 109 Information for Members of Parliament and Senators is available on request from the Executive Director. The Australian Law Reform Commission was established on 1 January 1975 by the Law Reform Commission Act 1973 (Cth) and reconstituted by the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is located at Level 25, 135 King Street, Sydney NSW 2000, Australia. All ALRC publications can be made available in a range of accessible formats for people with a disability. If you require assistance, please contact the Australian Law Reform Commission. Mailing address: Enquiries: GPO Box 3708 Ph: +61 2 8238 6333 Sydney NSW 2001 Fax: +61 2 8238 6363 Australia TTY: +61 2 8238 6379 Email: [email protected] Website: www.alrc.gov.au 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 Fax (+61-2) 8238 6363 Sydney NSW 2000 TTY (+61-2) 8238 6379 TTY (+61-2) 8238 6379 Postal Address: Postal Address: GPO Box 3708 Web www.alrc.gov.au SydneyGPO NSW Box 20013708 Australia Email [email protected] 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 Ì 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. Ì 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. Ì Professor Les McCrimmon, a full-time Commissioner since January 2005, was re-appointed until 30 June 2009. Significant Events Ì 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. Ì 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. Ì 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. Ì 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 Ì 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. Ì Issue 90 of the ALRC’s journal Reform, ‘Juries’, was published in July 2007. Ì Issue 91 of the ALRC’s journal Reform, ‘Animals’, was published in February 2008. Privacy Inquiry Ì Discussion Paper 72, Review of Australian Privacy Law, was released on 12 September 2007. Ì Discussion Paper 72 Overview, Review of Australian Privacy Law: An Overview was released on 12 September 2007. Ì 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 Ì Discussion Paper 73, Client Legal Privilege and Federal Investigatory Bodies, was released on 26 September 2007. Ì Final Report 107, Privilege in Perspective: Client Legal Privilege in Federal Investigations, was tabled in the Australian Parliament on 13 February 2008. Highlights l 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.
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