the influences on law reform, including Law Reform Commissions, royal commissions, parliamentary committees, the media, and individuals

What this dot point is asking

QCAA wants you to know what drives law reform in Australia and to evaluate the relative influence of each driver. Expect this as an IA2 essay or in an IA1 short response.

The answer

Law Reform Commissions

Australian Law Reform Commission (ALRC). Established under the Australian Law Reform Commission Act 1996 (Cth) (replacing the 1973 Act). The ALRC takes references from the Commonwealth Attorney-General, conducts public consultation, publishes issues papers and discussion papers, and delivers a final report with recommendations.

Influential ALRC reports include:

• ALRC Report No. 113 (Family Violence, 2010);
• ALRC Report No. 124 (Connection to Country: Review of the Native Title Act 1993 (Cth), 2015);
• ALRC Report No. 133 (Pathways to Justice: Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples, 2017);
• ALRC Report No. 135 (Family Law for the Future, 2019);
• ALRC Report No. 138 (Corporate Criminal Responsibility, 2020).

Queensland Law Reform Commission (QLRC). Established under the Law Reform Commission Act 1968 (Qld). Takes references from the Queensland Attorney-General. Recent influential work includes:

• QLRC Report No. 78 (A Review of the Termination of Pregnancy Laws, 2018), which underpinned the Termination of Pregnancy Act 2018 (Qld);
• QLRC Report No. 75 (A Review of Particular Issues under the Domestic and Family Violence Protection Act 2012 (Qld), 2019).

Royal commissions

Royal commissions are commissions of inquiry established under the Royal Commissions Act 1902 (Cth) (federal) or the Commissions of Inquiry Act 1950 (Qld) (Queensland). They have coercive powers: they can compel witnesses to give evidence, summon documents, and (in some circumstances) execute search warrants. They are usually established in response to a particular crisis or scandal.

Influential federal royal commissions include:

• Royal Commission into Aboriginal Deaths in Custody (1991);
• Royal Commission into Institutional Responses to Child Sexual Abuse (2017);
• Royal Commission into the Protection and Detention of Children in the Northern Territory (2017);
• Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2019);
• Royal Commission into Aged Care Quality and Safety (2021);
• Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023);
• Royal Commission into Defence and Veteran Suicide (final report due in 2024).

State commissions of inquiry have also been significant. In Queensland, the Fitzgerald Inquiry (1987-1989) into police corruption produced extensive reforms to Queensland policing and government accountability, including the creation of the Criminal Justice Commission (now the Crime and Corruption Commission) under the Crime and Corruption Act 2001 (Qld).

Parliamentary committees

Parliamentary committees scrutinise legislation, review the operation of laws, and recommend reform. Examples:

• the Parliamentary Joint Committee on Human Rights (Cth), established under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth);
• the Parliamentary Joint Committee on Intelligence and Security (Cth);
• the Queensland Parliamentary Legal Affairs and Safety Committee.

Media and individuals

Media reporting shapes the policy agenda and informs public opinion. Investigative journalism has triggered multiple reform processes:

• the 2016 ABC Four Corners report on Don Dale Youth Detention Centre led to the Royal Commission into the Protection and Detention of Children in the Northern Territory;
• the 2017 Fairfax Media investigation into the banking sector contributed to the Banking Royal Commission;
• the 2018 Walkley-award-winning ABC investigation into the alleged conduct of Australian Special Forces in Afghanistan contributed to the Brereton inquiry.

Individuals can also drive reform. Eddie Mabo's 10-year native title challenge culminated in Mabo v Queensland (No 2) (1992) 175 CLR 1 and the Native Title Act 1993 (Cth). Cathy Freeman's advocacy supported Indigenous health reform. Rosie Batty's advocacy after the death of her son led to the appointment of a Royal Commission into Family Violence in Victoria (2016).

Non-governmental organisations

Specialist NGOs and peak bodies often draft legislation, conduct research, and lobby. Examples in the legal sector:

• the Law Council of Australia and state law societies;
• the Australian Lawyers for Human Rights;
• the Human Rights Law Centre;
• the Aboriginal and Torres Strait Islander Legal Service (Qld).

Implementation

Recommendations of Law Reform Commissions and royal commissions do not automatically become law. The relevant Parliament must legislate. The political will to implement reform recommendations is variable. The Royal Commission into Aboriginal Deaths in Custody (1991) made 339 recommendations; many remain only partially implemented decades later.