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Articles on Australian Law Reform Commission

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Australia’s anti-money-laundering agency has accused Westpac’s senior management, including chief executive Brian Hartzer, of indifference to the bank’s anti-money-laundering obligations. Joel Carrett/AAP

Westpac’s scandal highlights a system failing to deter corporate wrongdoing

It’s no wonder corporate wrongdoing occurs when the profits from wrongdoing outweigh the costs of being caught and punished.
Our research found that children place the most emphasis on issues such as having the Family Court process and the roles of key players explained to them, and on being heard. Cindy Zhi NY-BD-CC

In the Family Court, children say they want the process explained and their views heard. It’s time we listened

In the Family Court, respecting what matters to children can help determine how sustainable and workable the arrangements are. Research shows
Most people against recognising Aboriginal customary law think there’s only one law in Australia. AAP/Joe Castro

Why Australia won’t recognise Indigenous customary law

Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
Has anything changed in the 30 years since the ALRC’s Recognition of Aboriginal Customary Laws report? Mick Tsikas/AAP

From little things: the role of the Aboriginal customary law report in Mabo

The Recognition of Aboriginal Customary Laws examined the interaction between two legal systems – one based in British law and the other in the customary laws of the Aboriginal peoples of Australia.
Country provides a site where Aboriginal and mainstream forms of law can come together and have dialogue – an outcome made possible by Eddie Mabo (L). AAP/NAA

Law reports push piecemeal changes to native title, but still fall short

The ALRC report made some useful recommendations about how settler law could deal more fairly with Aboriginal people by taking their traditions and customs into account.
The Law Reform Commission has likely given George Brandis much more than he was expecting in the review of rights-limiting laws that he asked for. AAP/Mick Tsikas

Brandis receives long list of rights-limiting laws – now can he justify them?

The federal government has to be on the back foot after a Law Reform Commission report identified that It has been the champion of many rights-limiting laws.
Those who’ve had their digital privacy violated should have legal rights too. Reid Rosenberg/Flickr

It’s time for privacy invasion to be a legal wrong

The Australian Law Reform Commission (ALRC) yesterday recommended introducing new laws that would give a legal remedy for serious invasions of privacy. Unfortunately, the federal government has already…
Who will keep our selfies safe? www.david baxendale.com/Flickr

Civil action is the big stick needed to protect our privacy

Never mind the celebrities; let’s say you and I had naked photos of ourselves (selfie-steams) floating in Apple’s iCloud. If somehow those photos were exposed, we would have little recourse under Australia’s…
With cabinet appearing to have sat on the proposal for a privacy tort, Stephen Conroy’s move to refer it to the Australian Law Reform Commission may effectively consign it to oblivion. AAP

Reform that wobbles like jelly: A spineless approach to privacy protection

Communications Minister Stephen Conroy has indicated the federal government will not be introducing a “privacy tort” in the near future. Instead, it will refer questions about the tort back to the Australian…
Law reform is required to ensure Australian universities remain competitive say educators. Fernando Stankuns

Universities seek copyright law reform to enable MOOCs

Law reform is required to support innovation and enable Australian universities to compete with the rest of the world in online education, say leading Australian educators. In their submissions to the…
Optus has exhausted its legal avenues to appeal against a decision finding it breached copyright on its TV Now service. But should the issue of technology neutrality be reviewed? Flickr/IntelFreePress

Optus and TV Now: will copyright law catch up to the cloud?

A legal decision which forced Optus to shut down its time shifting service TV Now may eventually lead to reform of existing copyright law to cater for cloud technology. On Friday, the High Court denied…

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