Annual Report 2001-2002

Victorian Law Reform Commission Annual Report 2001–02 Contents Victorians have their say on law reform 1 Victorian Law Reform Commission Victorian LawReform The Honourable Rob Hulls MP Chairperson’s Foreword 2 Attorney-General 55 St Andrews Place Introducing the Part-time Commissioners 4 Melbourne Victoria 3002 Chief Executive Officer’s Report 6 Dear Attorney-General, Organisational Chart 8 Annual Report2001 I am pleased to present to you the Annual Report of the Victorian Law Reform Commission for the year ended 30 June 2002. Our Functions 9 There are a number of highlights for the year, including: Our Approach 10 • completion of two major references with publication of the Reports: – Disputes Between Co-owners and Criminal Liability for Workplace 02 Death and Serious Injury in the Public Sector; Our Vision and Objectives 11 • completion of the community law reform project and Report: References Failure to Appear in Court in Response to Bail; Disputes Between Co-owners 12 • publication of Sexual Offences—Law and Procedure: Discussion Paper; Defences to Homicide: Issues Paper and People with Sexual Offences 13 Intellectual Disabilities at Risk—A Legal Framework for Compulsory Defences to Homicide 15 Care: Discussion Paper; Privacy 17 • wide-ranging consultation on our Sexual Offences and Compulsory Care references, including a program of visits to regional cities; Intellectual Disability and Compulsory Care 19 • development of a number of strategic partnerships with community Criminal Liability for Workplace Death and philanthropic organisations. and Serious Injury in the Public Sector 21 Yours sincerely, Community Law Reform 22 Community Outreach and Education 25 Professor Marcia Neave Chairperson Other Activities 28 Ordered to be printed. Financial Statements 29 Victorian Government Printer October 2002 No. 180 Session 1999–2002 ISBN 0 9581829 0 6 a number of practical problems in the As well as fostering community participation in application of the criminal law. debate about specific law reform issues, the Commission has a responsibility to facilitate We are developing relationships with Indigenous understanding and encourage debate about the communities and non-English speaking Chairperson’s Foreword nature of our legal system and governmental background communities. The Commission is institutions. As part of this process, the also establishing co-operative partnerships with Commission contributed to a colloquium groups such as the Lance Reichstein Foundation, organised by the Monash Privatisation and which provided funds to the Islamic Women’s Public Accountability Centre on the topic of 2 Welfare Council, Elisabeth Hoffman House and 3 Keeping Governments Accountable: The Role of the Disability Discrimination Legal Service to Independent Agencies. The colloquium involved undertake research with their clients and a frank exchange of views between participants Victorian Law Reform Commission Victorian LawReform Victorian Law Reform Commission Victorian Law Reform provide input into the Sexual Offences from the political arena, the public sector and This is the first full year of the Victorian Law Reform Commission’s reference. I am most grateful for the support academia. Discussion at the colloquium revealed operations. The Commission has been strengthened by the provided by the Foundation, and hope that it a range of views about the value and meaning of will be possible to forge similar co-operative appointment of four part-time Commissioners: The Honourable ‘independence’ and how this should be expressed partnerships with other bodies in the future. Justice David Harper, Her Honour Judge Jennifer Coate, Professor in legislation and administrative practices. The Commission has worked hard to build co- The Parliamentary Public Accounts and Felicity Hampel SC and Professor Sam Ricketson. Their appointments operative relationships with other law reform Annual Report2001 Annual Report 2001– 02 Estimates Committee has been considering bring an abundance of experience and legal expertise to the bodies. At the federal level, I am a member of governance structures in the public sector. the Advisory Committee to the joint Australian Commission, and I am delighted to welcome them. In the Victorian Law Reform Commission’s Law Reform Commission/National Health and submission to that Committee, I commented Medical Research Council’s Inquiry into the that it would be helpful to consider how the Protection of Human Genetic Information. I – During the reporting year, the Commission As well as reporting on matters referred by the idea of independence is reflected in the 02 was also invited to chair a workshop organised received four new references from the Attorney- Attorney-General, the Commission is able to legislation establishing independent public by the Australian Health Ministers’ Advisory General. Our new projects cover a varied range initiate small-scale law reform projects which sector bodies such as the Victorian Law Reform Committee to discuss medical indemnity reform of legal issues, including defences to homicide, may be suggested by community organisations, Commission and in the administrative arrange- and participated in the national forum to privacy, the compulsory care of people with individuals or the legal profession. We have ments governing the relationship between such discuss medical indemnity issues. The intellectual disabilities who are at risk of investigated a number of suggestions and have bodies and their portfolio agencies. harming themselves or others, and criminal completed a project on Failure to Appear in Commission is involved in the Queensland Law liability for workplace death and serious injury Court in Response to Bail, which has been Reform Commission’s project on National The Commission’s success in meeting our in the public sector. presented to the Attorney-General to be tabled Succession Laws. At the state level, the objectives is largely due to the outstanding in Parliament. This project was suggested to us Commission has discussed law reform matters contributions made by the research and This has been a busy and productive year for by the Victorian Aboriginal Legal Service. with the Parliamentary Law Reform Committee, administrative staff. This report gives me the the Commission. We have completed two major as well as with other bodies which have an opportunity to express my gratitude to the other references, producing the Reports: Disputes The Commission is committed to an inclusive interest in law reform such as the Federation of Commissioners, to all members of staff and Between Co-owners and Criminal Liability for law reform process which engages the Community Legal Centres and the VicHealth particularly to the Chief Executive Officer, Workplace Death and Serious Injury in the Public community in identifying problems in the Centre for Tobacco Control. Padma Raman. I am also grateful for the work of Sector. The terms of reference for the latter operation of the law and in debating proposals reference advisory committees and consultants. project required the Commission to report to for change. We aim to enhance the democratic the Attorney-General in just over two months process by fostering public understanding of the from the commencement of the project. Despite law reform process, and involving groups which the technical complexity of the legal issues have traditionally had limited opportunities to which we were required to examine, the participate in public debate on matters which Commission met this deadline. During this affect them. Over the past year, Commissioners Professor Marcia Neave AO period the Commission has also published issues and staff have participated in a wide range of Chairperson papers and discussion papers in relation to our networking and outreach activities with references on Sexual Offences, Defences to community groups in both metropolitan and Homicide, and Compulsory Care of People regional areas. Consultations on our Sexual with Intellectual Disabilities. Offences reference have enabled us to identify In October 2001, the Attorney-General announced the appointment of four part-time Commissioners to the Victorian Law Reform Commission: The Honourable Justice David Harper, Supreme Court of Victoria; Her Honour Judge Jennifer Coate, President of the Children’s Court; Professor Felicity Hampel SC, Barrister; and Professor Sam Ricketson, University of Melbourne. Introducing the Part-time Commissioners 4 5 Victorian Law Reform Commission Victorian LawReform Victorian Law Reform Commission Victorian Law Reform The Honourable Justice David Harper Her Honour Judge Jennifer Coate Supreme Court of Victoria President of the Children’s Court Justice Harper was appointed to the Supreme Judge Coate was appointed a Judge of the Court in March 1992, after a career at the Bar County Court and President of the Children’s which began in 1970. He was appointed a QC Court in June 2000. She was appointed as a in Victoria in 1986. He is currently Chair of the Magistrate in 1992 and was promoted to the Professor Felicity Hampel SC Professor Sam Ricketson Annual Report2001 Annual Report 2001– 02 International Humanitarian Law Advisory position of Deputy Chief Magistrate in 1996. Barrister University of Melbourne Committee of the Red Cross (Victorian branch) Prior to that she worked as a barrister, solicitor and has been a Member of the Council of Legal and teacher and was actively involved in a range Professor Hampel joined the Victorian Bar in Professor Ricketson is a member of

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