THE FUTURE OF LAW REFORM IN TASMANIAN WOMEN LAWYERS ASSOCIATION 2018 AUSTRALIA MICHEIL PATON
In December 2019 the ALRC released a suggested program of work for the next five years. The topics that the ALRC suggests should be prioritised are: automated decision making and administrative law; principle-based regulation of financial services; defamation; press freedom and public sector whistleblowers; and corporate structures for social enterprises. In 2019 the Australian Law Reform Commission (ALRC) broke new ground, asking the public which law reform topics should be prioritised for future inquiries. Although public consultation has long been a hallmark of the ALRC inquiry process, the public has not traditionally had a formal opportunity to inform the selection of inquiry topics. The project has provided fascinating insights into areas of law which are of concern to the
Australian public. The project has also facilitated valuable reflection on the role of the ALRC and the elements of an appropriate and effective ALRC inquiry. On 2 December 2019 the ALRC launched its project report at its new premises in Brisbane. A copy of the report has been provided to the Commonwealth Attorney-General for consideration. The choice of ALRC inquiry topics remains in the Attorney-General’s discretion, as the ALRC does not have any statutory power to ‘self-refer’ inquiries.1 To come up with the final list of suggested inquiry topics, the ALRC reviewed a number of sources including: other law reform agency reports; significant court judgments; academic writing; and public statements from professional organisations and civil society. The ALRC received hundreds of submissions via an online survey, conducted several public seminars, and held a number of targeted consultations. Early in the process, the ALRC settled on five ‘selection criteria’ against which it would assess the ideas raised: jurisdiction, importance, impact, effectiveness and suitability. Speaking at the report launch, the Hon Michael Kirby AC CMG, inaugural Chairman of
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22 LAW LETTER AUTUMN/WINTER 2020
the ALRC, described these criteria as ‘excellent’ principles for identifying an appropriate and useful inquiry topic. Using these criteria, the ALRC boiled the many ideas down to five priority topics.
Automated Decision Making Does the law need reform to both facilitate and appropriately regulate the use of automated decision making software by government departments? Can the law better provide for outcomes that are fair, transparent, and accountable? What kind of human involvement (if any) should be required in government decisions? Participants at our public seminars in particular highlighted the urgency and significance of these questions, emphasising that the use of such software is already prevalent across many government agencies, and is expected to increase over time.
Regulation of Financial Services The Hayne Royal Commission identified an urgent need to simplify and rationalise the regulation of financial services, clearly identifying the principles that underpin specific provisions. The ALRC has suggested specific parts of legislation it