Report

The future of law reform: a suggested program of work 2020-25

2 Dec 2019
Description

This report seeks to identify the most pressing areas for law reform in Australia that would be suitable for an inquiry by the Australian Law Reform Commission (ALRC). If accepted, the topics set out in this report could form a set program of work for the ALRC over the next five years. This is the first time the ALRC has undertaken this process. The objectives of the Future of Law Reform project include efficiency, proactivity, and inclusiveness. An agreed program of work for a period of years in advance is likely to enhance the efficiency of the ALRC’s work. In addition, a more proactive approach to the identification of law reform issues facilitates a more systematic review of Australia’s laws.

The objectives of the Future of Law Reform project include efficiency, proactivity, and inclusiveness. An agreed program of work for a period of years in advance is likely to enhance the efficiency of the ALRC’s work. In addition, a more proactive approach to the identification of law reform issues facilitates a more systematic review of Australia’s laws. Finally, opening up conversations about future inquiry topics to the general public acknowledges the fact that, in the words of its inaugural Chairman the Hon Michael Kirby AC CMG, law reform is ‘too important to be left to the experts’.

Significant topics suggested:

  • the establishment of a standing body to oversee ongoing reform of the Australian Constitution;
  • coherent, effective, aligned, streamlined, and clear laws for environmental protection;
  • simplifying and enhancing the operation of migration legislation;
  • drafting statutes to enhance the coherence, readability, and useability of the law, especially in light of the anticipated transition to digital legislation;
  • the rights of creditors of an insolvent trustee, particularly when trust assets may be insufficient to meet creditors’ claims;
  • uniformity or complementarity between state and territory surrogacy laws;
  • regulation of debt management services, ‘buy now pay later’ services, or services targeting people at risk of financial hardship; and
  • human tissue laws that can accommodate emerging technologies, are nationally consistent, and do not operate as barriers to organ and tissue donation.
Publication Details
Identifiers: 
ISBN: 
978-0-6482087-6-1
Language: 
English
License Type: 
All Rights Reserved
Published year only: 
2019
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