b)- Agencies of Reform
When and why was the Australian Law Reform Commission Established?
The Australian Law Reform Commission (ALRC), established in 1975, is an independent constitutional organisation. It was set up to examine commonwealth laws, to direct inquiries into areas of law reform, and to guide the government on how the law can be changed to meet present problems. It also works to integrate the laws of the Commonwealth with the state and territory laws.
Outline the accountability of the Australian Law Reform Commission.
The ALRC is accountable for making sure that:
-the recommendations for law reform a line with social values
-there are no flaws in the law
-the law is not complex
-the law is administrated and dealt out effectively
-there is effective and clear-cut access to justice
-the Australian Legal System compares successfully with those of international best practice
The ALRC must examine the effects its advice could have on the costs of administration, and access to justice. It cannot provide legal advice or deal with objections, interfere with individual cases or act as a supervisor to the legal system. The ALRC is also accountable under the Privacy Act for the actions of an individual receiving personal information in the matter of a cross-border transfer (information transferred from one jurisdiction to another), unless there are compelling reasons.
Why is it one of the most effective and influential agents of change in Australia?
The ALRC is independent from the government. Therefore it is able to carry out research and discussions; improve legal policy and make impartial suggestions to Parliament without worry. Although ALRC proposals do not necessarily become law, over 85 per cent of ALRC reports have been either significantly or somewhat employed in Australian law. Thus, making it one of the most effective and influential agents of change in Australia.
Identify the aims of the Australian Law Reform Commission.
The ALRC aims to ensure that the suggestions and advice it proposes do not trespass unjustly on personal rights and freedoms of individuals. It aims to make sure the rights and freedoms of citizens are coherent with Australia’s responsibilities, especially in relation to issues such as human rights.
List four areas that the Australian Law Reform Commission is currently working on.
The ALRC is currently working on the following four areas:
-Freedoms Inquiry
-Serious Invasions of Privacy
-Native Title Act, 1993
-Equality, Capacity and Disability in Commonwealth Laws
Find and read a current case study. Name the case study and provide a brief outline of the case.
Copyright and the Digital Economy (ALRC Report 122).
The case study discusses whether current copyright exceptions are effective and appropriate in the digital era of today. The case study proposes the initiation of fair use in Australia. Fair use helps stop copyright infringement by basically asking: Is this fair and uses existing Australian laws as a basis. These laws allow the fair use of copyright material for purposes such as research, study and reporting the news. The case study proposes exceptions, for example in the matter of libraries and archives having the ability to make preservation copies. It also suggests reforms that will protect creators and their markets, offer suitable access to material, simplify and update the law, and develop an improved setting for advancement and economic growth.
Construct a flow diagram of a ‘typical inquiry’.
When and why was the Australian Law Reform Commission Established?
The Australian Law Reform Commission (ALRC), established in 1975, is an independent constitutional organisation. It was set up to examine commonwealth laws, to direct inquiries into areas of law reform, and to guide the government on how the law can be changed to meet present problems. It also works to integrate the laws of the Commonwealth with the state and territory laws.
Outline the accountability of the Australian Law Reform Commission.
The ALRC is accountable for making sure that:
-the recommendations for law reform a line with social values
-there are no flaws in the law
-the law is not complex
-the law is administrated and dealt out effectively
-there is effective and clear-cut access to justice
-the Australian Legal System compares successfully with those of international best practice
The ALRC must examine the effects its advice could have on the costs of administration, and access to justice. It cannot provide legal advice or deal with objections, interfere with individual cases or act as a supervisor to the legal system. The ALRC is also accountable under the Privacy Act for the actions of an individual receiving personal information in the matter of a cross-border transfer (information transferred from one jurisdiction to another), unless there are compelling reasons.
Why is it one of the most effective and influential agents of change in Australia?
The ALRC is independent from the government. Therefore it is able to carry out research and discussions; improve legal policy and make impartial suggestions to Parliament without worry. Although ALRC proposals do not necessarily become law, over 85 per cent of ALRC reports have been either significantly or somewhat employed in Australian law. Thus, making it one of the most effective and influential agents of change in Australia.
Identify the aims of the Australian Law Reform Commission.
The ALRC aims to ensure that the suggestions and advice it proposes do not trespass unjustly on personal rights and freedoms of individuals. It aims to make sure the rights and freedoms of citizens are coherent with Australia’s responsibilities, especially in relation to issues such as human rights.
List four areas that the Australian Law Reform Commission is currently working on.
The ALRC is currently working on the following four areas:
-Freedoms Inquiry
-Serious Invasions of Privacy
-Native Title Act, 1993
-Equality, Capacity and Disability in Commonwealth Laws
Find and read a current case study. Name the case study and provide a brief outline of the case.
Copyright and the Digital Economy (ALRC Report 122).
The case study discusses whether current copyright exceptions are effective and appropriate in the digital era of today. The case study proposes the initiation of fair use in Australia. Fair use helps stop copyright infringement by basically asking: Is this fair and uses existing Australian laws as a basis. These laws allow the fair use of copyright material for purposes such as research, study and reporting the news. The case study proposes exceptions, for example in the matter of libraries and archives having the ability to make preservation copies. It also suggests reforms that will protect creators and their markets, offer suitable access to material, simplify and update the law, and develop an improved setting for advancement and economic growth.
Construct a flow diagram of a ‘typical inquiry’.