Australian Law Reform Commission
| Agency overview | |
|---|---|
| Formed | 11 November 1996 |
| Preceding agency |
|
| Jurisdiction | Commonwealth of Australia |
| Employees | 16 (at April 2013) |
| Website | alrc.gov.au |
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia.The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General of Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform.
The ALRC is part of the Attorney-General's portfolio, however it is an independent statutory authority constituted under the Australian Law Reform Commission Act 1996 (Cth), and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour.
The ALRC's objective is to make recommendations for law reform that:
When conducting an inquiry, the ALRC also monitors overseas legal systems to ensure Australia compares favourably with international best practice.
The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with the International Covenant on Civil and Political Rights.
The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice.
The ALRC is the primary law reform agency for the Australian government. It has its origins in the Law Reform Commission, which was established in 1975 under the Law Reform Commission Act 1973. This legislation was superseded by the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act) which came into effect on 11 November 1996. The new act was intended to improve the structure and functions of the ALRC, consistent with the recommendations of the 1994 Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs titled, Law Reform—the Challenge Continues.
Under the amendments to the ALRC Act in 2012, the Commission consists of a President and up to 6 other members. The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of 1 or more vacancies in its membership. The Attorney‑General may, from time to time, appoint such other part‑time members of the Commission as the Attorney‑General considers necessary to enable the Commission to perform its functions. Full-time members are to be appointed by the Governor‑General and part-time members are to be appointed by the Attorney-General. A member holds office for the term (of at least 6 months but not longer than 5 years) specified in his or her appointment, but is eligible for re‑appointment.
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