AGY-33 | Law Reform Commission of NSW

Full description

The Law Reform Commission was inaugurated on 1 January 1966, (1) simultaneously with most provisions of the Law Reform (Miscellaneous Provisions) Act (Act No 32, 1965). (2) The Commission was formally constituted by the Law Reform Commission Act (No. 39, 1967) which received assent on 25 September 1967.

Section 10 of the Act requires the Commission, in accordance with any reference made to it by the Minister, to consider the law, enacted or promulgated by the Legislature of New South Wales, or by any person under the authority of that Legislature with a view to, or for the purpose of -
a) eliminating defects and anachronisms in the law;
b) repealing obsolete or unnecessary enactments;
c) consolidating, codifying or revising the law;
d) simplifying or modernising the law by bringing it into accord with current conditions;
e) adopting new or more effective methods for the administration of the law and the
dispensation of justice;
f) systematically developing and reforming the law. (3)

The Commission is also empowered to hold and conduct such enquires as it thinks appropriate. (4)

Under the Community Law Reform Program which was established in 1982, the Commission gave preliminary consideration for law reform made to it by the community, including the public, the legal profession, the judiciary and other government departments. The Commission has produced reports under this program on a wide range of issues (5).

The Commission produces a Report to the Attorney General on each project it undertakes. It also an extensive range of publications for the purpose of public consultation, and reports annually to parliament.(6)

The NSW Government Directory, 1996 described the responsibilities of the Commission as follows: "conducts reviews into areas of the law referred to it by the Attorney General. Commission reports, which must be tabled in Parliament, make recommendations for reform, simplification or modification of the law in New South Wales. The Commission engages in extensive community consultation in developing proposals for reform". (7)

Although an independent agency the Commission was situated administratively within the Department of the Attorney General (later of the Attorney General's Department). By 1990 it was situated in the Legislation and Policy Division' (8) and by 1993 in the Legal Policy and Reform Program (9) and the following year in the Justice Policy and Planning Program.(10) The Commission remained in this program until a restructure of the superior agency in 2001-2002 saw it placed in the Policy and Crime Prevention Division. (11)

From 1 July 2009 when the Attorney General's Department was abolished the Law Reform Commission became a branch of the new Principal Department, the Department of Justice and Attorney General. (12)

From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Law Reform Commission became a branch of the Department of Attorney General and Justice. (13)

From 1 July 2019, the Department of Communities and Justice (DCJ) brought together the former departments of Family and Community Services (FACS) and Justice. (14)

In summary, the Commission provided legal policy advice to Government on issues that were referred by the Attorney General (called "references"). The Commission prepared reports which comprehensively analysed the issues identified in the reference, and made recommendations to Government for legislative reform. When reviewing areas of the law the Commission sought to:
(i) improve and ​​​​modernise the law;
(ii) simplify and consolidate the law;
(iii) remove inefficiencies and defects in the law​;
(iv) repeal laws that are unnecessary and obsolete and;
(v) ​provide improved access to justice.
In order to identify key issues with the law and areas for reform in a project, the Commission conducted intensive research including academic literature reviews and empirical research where required; engaged with stakeholders, and legal and industry experts through consultations, and discussed ideas for reform in consultation papers or question papers, which were available to stakeholders and the public to comment on via a website. Projects were completed when a final report was tabled in Parliament and made public. (15)

Endnotes:
1. Department of the Attorney General and Justice Outline, 1968 p. 20
2. NSW Government Gazette 24 December, 1965 p. 4295
3. Law Reform Commission Act s. 10a
4. Ibid. s. 10c
5. Attorney-General's Department Annual Report, 1991, p.22.
6. Attorney-General's Department Annual Report, 1990 p. 76
7. NSW Government Directory, 1996, p. 86.
8. Attorney General's Department Annual Report for the year ended 30 June 1990 p. 16 Attorney General's Department Annual Report for the year ended 30 June 1990
9. Attorney General's Department Annual Report for the year ended 30 June 1993 p. 15, 45-47
10. Attorney General's Department Annual Report for the year ended 30 June 1994 p.10, p. 20-21
11. Attorney General's Department Annual Report for the year ended 30 June 2002 p. 7, 67, 71- 73
12. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 20; notified on NSW Legislation website, 27 July 2009.
13. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 36; notified on NSW Legislation website, 3 April 2011.
14. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019-159) cl. 11 (2); NSW Legislation website, 2 April 2019 as amended by the Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2019 (2019-308) cls. 6 and 2 (4); NSW Legislation website, 28 June 2019.
15. Department of Communities and Justice website, Law Reform Commission, About us, https://www.lawreform.justice.nsw.gov.au/Pages/lrc/lrc_aboutus/What_we_do.aspx, (accessed 2 December 2022).