Annual Report 2006–07
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ANNUAL REPORT 2006–07 GPO Box 4637 Melbourne Victoria 3001 Australia DX 144 Melbourne, Vic Level 10, 10–16 Queen Street Melbourne Victoria 3000 Australia Telephone +61 3 8619 8619 Facsimile +61 3 8619 8600 1300 666 555 (within Victoria) TTY 1300 666 557 [email protected] www.lawreform.vic.gov.au ContentsCONTENTS 1 Highlights of the Year 2 Chairperson’s Report 4 Commissioners 6 Chief Executive Officer’s Report 8 Organisational Chart 10 Our Approach 12 References – Bail 14 References – Surveillance in Public Places 16 References – Assisted Reproductive Technology & Adoption Credits Design by: GH2 Design, 0409 380199 18 References – Civil Justice Photos: Peter Glenane, <www.peterglenane.com.au> 20 Community Law Reform Other photos: 22 Implementation Report Page 2: Neil Rees by Stuart Milligan 24 Education and Outreach Page 4: Paris Aristotle, Jennifer Coate, Felicity Hampel, David Harper and Sam Ricketson by Greg Bartley 26 Disclosures Photography 29 Financial Report Page 12: Neighbourhood Justice Centre by Christian Pearson ? VLRC publications Page 22: Victoria Parliament by Jamie Murcia and reproduced with the permission of the Parliamentary Library, Parliament of Victoria Page 24: Interns by Stuart Milligan Ordered to be printed Victorian Government Printer October 2007 No 33 Session 2006?07 ISBN 978 0 9758465 6 8 HighlightsHIGHLIGHTS OF of THE the YEAR year > Completion of the Assisted Reproductive Technology & Adoption Final Report, which recommended removal of barriers to access, recognition of same-sex parents and a legal framework to govern surrogacy arrangements. > Civil Justice Consultation Paper released and extensive consultation with the profession undertaken to develop recommendations for the report due next year. > New Chairperson Professor Neil Rees took up his role at the end of the year. > Numerous roundtable consultations held with a wide range of users of surveillance in public places in preparation for a consultation paper to be released next07 year. > Development of final recommendations in the Review of the Bail Act project, with a final report to be given to the Attorney-General next year. > Revamp of the commission’s website undertaken ready for launch of a new site next year. > The government banned surveillance in workplace toilets and change- rooms as a result of the commission’s Workplace Privacy Final Report, and introduced the second bill to implement recommendations from the Sexual Offences Final Report. Chairperson’sCHAIRPERSON’S REPORT Report Professor Neil Rees The Victorian Law Reform Commission has experienced substantial change and activity over the past 12 months with the appointment of two new full-time commissioners, the commencement of a reference which may extend over a number of years, and the tabling in parliament of a report which was the final product of many years work. The Contribution of with law reform recommendations Justice Neave which are balanced and capable of implementation. It has been a privilege The first Chairperson of the commission, to join an organisation which, since Justice Marcia Neave AO, together with its establishment in 2001, has quickly the commissioners and staff, built an gained widespread support for both organisation which, in her own words, the processes it has adopted to assist it has become ‘an established feature of in the challenging task of formulating the legal landscape’. The commission law reform proposals and for the is known for its intellectual rigour, its quality of its final recommendations to commitment to consultation with people government. who are interested in its references, and for its capacity to provide government VLRC ANNUAL REPORT 006–07 Reports to Parliament Civil Justice Reference the part-time commissioners is one of the great strengths of the organisation A highlight of the past year was the Work on the Civil Justice reference and I take this opportunity to thank tabling in parliament of the report titled commenced in September 2006 with them publicly for their work. Assisted Reproductive Technology & the arrival of Dr Peter Cashman as full- Adoption. The report, which contained time commissioner in charge of that The commission is an attractive, but 130 recommendations for reform, was reference. A Consultation Paper published exacting, workplace because the issues the final product of a reference that in October 2006 generated a large which we examine are invariably complex lasted four years and which required number of submissions. Dr Cashman and and challenging. The policy and research the commission to consider a range of the team working on the Civil Justice officers require and demonstrate first-rate complex social, ethical and legal issues reference are well advanced in the task research and writing skills. I congratulate concerning assisted reproduction and of identifying aspects of the civil justice them on the quality of what they do. adoption. The consultation process was system which merit close attention and, Communication is also a vital part of the extensive. During the course of the perhaps, comprehensive reform. Their commission’s work. Our communications reference the commission published energy and commitment to the task officers undertake a variety of tasks a consultation paper, three occasional have resulted in this reference generating ranging from liaison with the media papers and three position papers. significant community interest. to editing all of the commission’s The commission received over 1000 publications in a highly professional It is anticipated that this will be a two- submissions in response to these manner. Our administrative staff members stage reference with an interim, or stage publications and it also engaged in also make important contributions to one, report published during the next numerous roundtable and individual daily working life at the commission and financial year. consultations. The final report, which to our publications, which are often many was tabled in parliament on 7 June Other References months, or years, in the making. 2007, was greatly enhanced by this broad community participation. The commission’s reference on The Year Ahead the reform of bail laws is nearing I have come to the position of Acting Chairs completion. It is anticipated that the final Chairperson of the commission after a report will be delivered to the Attorney- The commission had acting chairs long absence from Victoria. In the early General in August 2007. This has been throughout most of the past year. The 1990s, after a term as the first President a lengthy and complex reference which Chief Executive Officer, Ms Padma of the Mental Health Review Board, I left will be the subject of more detailed Raman, acted as the Chairperson of Melbourne to establish a new law school reporting in our next Annual Report. the commission from 1 July 2006 until at the University of Newcastle. Much has 17 October 2006, when she took Work on the second stage of the Privacy changed in the Victorian legal landscape maternity leave. Dr Iain Ross, a former reference, which concerns surveillance during my 16 year absence. Vice-President of the Australian Industrial in public places, is well underway. The I sense an enthusiastic desire among many Relations Commission and now a commission’s report on the first stage lawyers to continue the never-ending task partner at the law firm Corrs Chambers of this reference, Workplace Privacy: of improving our laws and legal processes. Westgarth, was Acting Chairperson Final Report, was tabled in parliament The community legal centre sector, in from 18 October 2006 until 1 June 2007 in late 2005. Extensive consultation and particular, has grown substantially in when my appointment commenced. research has taken place in relation to both size and inuence over the past two surveillance in public places and the I wish to thank both Ms Raman and Dr decades. It has the capacity to generate commission anticipates publication of a Ross for the contributions they made proposals for reform which translate into consultation paper in early 2008. to the commission in the capacity of references for the commission. Acting Chairperson. Dr Ross devoted a Commissioners and Staff I look forward to the opportunity to substantial amount of time and energy work with the entire Victorian legal to the Assisted Reproductive Technology We are fortunate to have six part-time profession and the broader community & Adoption reference, particularly in commissioners who manage to find in the task of developing law reform providing key stakeholders and the the time in their busy lives to make proposals. media with comprehensive briefings exceptional contributions to the work about the contents of the Final Report. of the commission in activities ranging from chairing roundtable discussions, signature to come to reading extensive amounts of background material and actively Professor Neil Rees participating in the formulation of Chairperson detailed law reform proposals. The combined experience and judgment of CommissionersCOMMISSIONERS The Victorian Law Reform Commission A. Paris Aristotle has eight commissioners: two full-time B. Peter Cashman and six part-time commissioners, with C. Jennifer Coate a full-time chairperson at the helm. D. Felicity Hampel E. David Harper In September 2006 Dr Peter F. Sam Ricketson Cashman began work as the full-time G. Neil Rees commissioner overseeing the Civil A. B. H. Iain Ross Justice review. The Attorney-General announced in February 2007 that Professor Neil Rees would replace Justice Marcia Neave as the full-time chairperson of the commission, and he took up the role on 1 June 2007. C. D. E. The acting chairperson’s role was filled by CEO Padma Raman and part-time commissioner Dr Iain Ross in the 15 months between Justice Neave’s departure and Professor Rees’ starting date. F. G. H. VLRC ANNUAL REPORT 006–07 Commissioners are responsible for the Her Honour Judge Felicity Hampel Professor Ricketson has been a member overall direction of the organisation. has been a part-time commissioner since of the divisions for the Assisted They are each members of divisions of October 2001.