Hansard debates

                      VICTORIAN LAW REFORM COMMISSION BILL
                                 Second reading

  Mr HULLS (Attorney-General) -- I move:
That this bill be now read a second time.
In 1992 the former  government abolished the Law  Reform Commission of Victoria.
The commission provided  Victoria with a transparent public law reform  process.
It was well known for the quality  of its reports on topics ranging from bail to
enduring  powers  of  attorney  and  from  the  law  of  rape  to  road  traffic
regulations. The  commission  consulted widely  on  its references  and  in turn
garnered community recognition and acceptance.

It  also  earned itself a  reputation for its  pioneering  work and considerable
expertise in plain English as a drafting style not only for legislation but also
for  private legal documents. The work of the commission led to many significant
reforms in the law.
This government is  strongly  committed to the  establishment  of a  law  reform
commission  with  a charter  to  facilitate community-wide debate  of law reform
issues  and  to  assist  members  of  Parliament in identifying key areas of law
reform. The  aim is to place Victoria  at the cutting edge  in law reform across
Australia.
There  are a range  of  other  sources of advice  and  ideas for law reform.  In
addition  to law reform commissions other arrangements are  often relied upon by
government:

        subject-specific specialist advice bodies;
        special-purpose committees, boards of inquiry and royal commissions;
        government departments;
        parliamentary committees;
        standing bodies such as the Australian Institute of Criminology; and
        consultants.
It is the government's intention  that the Law Reform  Commission established by
this bill will provide a focal point for  law reform  in Victoria  and symbolise
the government's commitment to a strong program of law reform.

The Victorian Law  Reform Commission will closely resemble the former Law Reform
Commission of Victoria in  its structure, powers  and functions. There are  many
law reform commissions operating in other common-law jurisdictions  from which a
model may be selected. Although  there are  any number  of ways to construct and
operate a law reform commission it is proposed to base the Victorian Law Reform 

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Commission on the model of the old commission  with  some  minor variations. The
old commission operated  highly effectively prior to  its abolition and was seen
to be a leading edge organisation.
The re-established law reform commission will be:
        independent  of  government  to  enhance  the  integrity  of  the advice
        provided;
        permanent  in  nature  to bring  a  medium-to-long-term  perspective  to
        various issues and policies referred to it;

        full  time  in   its  operation  to  provide  the  intellectual  energy,
        commitment, consistency  and time  for  contemplation, consultation  and
        empirical  study  which  are  necessary  to  design and  complete  major
        research projects; and
        authoritative in the provision of its advice.
Functions and powers of the commission
Part 2  of the  bill deals  with the  establishment, functions and powers of the
commission. The functions of the commission are to:
        examine,  report and  make  recommendations to  the Attorney-General  in
        respect of  any proposal or matter  relating to law  reform  in Victoria
        referred to the commission by the Attorney-General;

        examine, report  and make recommendations to the Attorney-General on any
        matter which  the  commission considers  raises  relatively minor  legal
        issues  which  are of general  community  concern if  the  commission is
        satisfied  that  the  examination  of  that matter  will  not require  a
        significant deployment of the resources available to the commission;
        suggest to the  Attorney-General that a  proposal or matter  relating to
        law  reform  in  Victoria   be  referred  to   the  commission  by   the
        Attorney-General;
        monitor and coordinate law reform activity in Victoria; and
        undertake educational programs on areas of the law which are the subject
        of a reference.

The bill empowers the  Attorney-General to grant references to the commission as
well as give directions  to  the commission as to  the  priority which it is  to
accord  to  each  reference and  the time  within which  it is  to  report.  The
Attorney-General  will also  be  empowered  to  seek  interim  reports from  the
commission.
As  Attorney-General,  I  will be  looking  to the  commission  and  the general
community for suggestions and  guidance on what  matters should be referred  for
inquiry by the commission.
Structure of the commission
Part 3 of the bill deals with the constitution and procedure of the commission.

The commission will consist of a chairperson  who will be a full-time member and
as many  full-time and part-time members  as the Governor  in  Council considers
necessary from time to time to enable the commission to  perform  its functions.
The Governor in Council will appoint all members. Each member will be  appointed
for up to four years and is eligible for reappointment.
The  bill  does not  set  out  qualifications necessary  for  appointment to the
commission. This is deliberate. This will allow a  great  deal of flexibility in
making  appointments to the commission. Judges, academics and practising lawyers
have much  to contribute  to law  reform. However,  they should  not be the only
persons eligible for appointment  to  a body dealing with major law reform. Much
of the information which must be  gathered and considered requires the expertise
and insights of other disciplines if it is to be properly evaluated.

It is proposed that further flexibility be obtained by allowing  the chairperson
to appoint consultants  to  assist the commission  with advice and criticism  on
matters under consideration. This will ensure that the commission has  available
to it  the widest  possible sources  of  information.  It  will also  lead to  a
consensus approach to law reform with  representatives of interested industries,
employees  and other groups  invited  to discuss all  major  initiatives from an
early stage in their development until final decisions are reached.
The chief executive officer of the commission may appoint enough employees as is
considered necessary for  the purposes of the act. All such appointments will of
course be subject to the commission's budget.
Finance and reports
Part 4 of the bill deals with finance and reports.

The commission will be funded from two sources --
        an  annual  sum  from  the  Law  Reform  and  Research  Account  already
        established under the Legal Practice Act 1996; and
        an annual sum from consolidated revenue.

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Clause 18 of the bill provides for a  control on  expenditure of the commission.
This clause provides that money given to the commission must only be spent by it
in defraying expenses  incurred  by it  in  performing its functions,  including
paying  any  remuneration, salaries or  allowance payable to  members,  staff or
consultants. The commission  must  prepare an  annual  report each year  and  is
subject to part 7 of the Financial Management Act 1994. To further ensure fiscal
responsibility and accountability to Parliament  the bill provides  in clause 20
that the  commission must comply with any information requirement  lawfully made
of  it  by  a house of the Parliament or a parliamentary committee.  Information
requirement means a requirement to give information of a specified kind within a
specified period relating to --
        the performance by the commission of its functions; or
        the exercise by the commission of its powers; or

        the commission's expenditure or proposed expenditure.
Finally there are also  several  financial controls on the commission set out in
clause 6 of the bill. For  example,  the commission cannot acquire any property,
right or privilege for consideration of more than  $250 000 without the approval
of the Attorney-General.
The  bill provides  that the  commission may  from time  to time,  and  must  if
required by  the Attorney-General under  section 5(2)(c), make an interim report
on a reference. It also provides that the commission must prepare a final report
at the  end  of  its work under a reference.  A  copy  of each interim and final
report  must  be submitted to the Attorney-General.  The  Attorney-General  must
table each report before each house of the Parliament within  14 sitting days of
that house after he or she receives the report. The commission must make all its
reports available to the public whether or not a charge is imposed.

I am committed to openness in government  and restoring democracy in this state.
I do not want to keep the process of law reform behind closed doors. I want open
and robust debate within the community on law  reform.  The establishment of the
commission is a step in the right direction.
I commend the bill to the house.
Debate adjourned on motion of Dr DEAN (Berwick).
Debate adjourned until Thursday, 18 May.