Law Reform Commission Of New South Wales
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The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966.


History

There has been a history of law reform in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
countries such as Australia. Prior to the establishment of the commission, various parliamentary inquiries, ''ad hoc'' commissions (e.g., Commissioner's Bigg report into the New South Wales legal system in 1820), or panels had advised on law reform. The commission was the first permanent body established in Australia to continually conduct and investigate law reform. Its establishment is important as it was an independent body that could devote its deliberations full-time to examining law reform in the state The first real law reform commission in the state was one set up in 1870 by the
New South Wales Legislative Assembly The New South Wales Legislative Assembly is the lower of the two houses of the Parliament of New South Wales, an Australian state. The upper house is the New South Wales Legislative Council. Both the Assembly and Council sit at Parliament Ho ...
and set up by letters patent of 14 July 1870. The commission consisted of the five lawyers and the
Chief Justice of New South Wales The Chief Justice of New South Wales is the senior judge of the Supreme Court of New South Wales and the highest-ranking judicial officer in the Australian state of New South Wales. The Chief Justice is both the judicial head of the Supreme Court ...
, Sir
Alfred Stephen Sir Alfred Stephen (20 August 180215 October 1894) was an Australian judge and Chief Justice of New South Wales. Early life Stephen was born at St Christopher in the West Indies. His father, John Stephen (1771–1833), was related to James S ...
. This Commission prepared a draft bill to simplify equity procedure and indicated the need for consolidation and reform of lunacy, insolvency and jury laws. Its only success came long after the body lapsed with the eventual enactment of part of its proposed Criminal Law Consolidation and Amendment Bill in the Criminal Law Amendment Act of 1883.


Constitution

The commission is established under th
Law Reform Commission Act 1967
(NSW).
Law Reform Commission Act 1967

(NSW) s 3
/ref> The
Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...
may appoint a chairperson of the commission. The current chairperson is Alan Cameron AO. The governor may also appoint deputy chairpersons of the commission. The governor must also appoint two other commissioners to the commission. Both the chairperson and the commissioners must be: (a) is or was the holder of a judicial office; (b) has experience as an Australian legal practitioner in legal practice; (c) has experience as a teacher of law; or, (d) has academic attainment in law. Commissioners may be appointed as full-time or part-time commissioners.


Functions

The duties and powers of the Commission are outlined in Law Reform Commission Act 1967 (NSW), which indicate the wide-ranging purposes of inquiry and legislative reform such as review, consolidation or repeal. Under the Law Reform Commission Act, the commission may make interim and final reports on any of its work. The
Attorney General of New South Wales The Attorney General of New South Wales, in formal contexts also Attorney-General or Attorney General for New South Wales and usually known simply as the Attorney General, is a minister in the Government of New South Wales who has responsibil ...
may also direct the commission to make a report. The commission is also required to make an annual report on its work during the year. For the commission, the year starts in July and ends in the following June. The report is furnished to the Attorney-General who must then table the report in the
New South Wales Parliament The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Each ...
.''Law Reform Commission Act 1967'' (NSW) s 13
/ref>


Work of the commission

Some of the recent reports of the commission include reports on Parole (2015), Encouraging appropriate early guilty pleas (2014), Criminal appeals (2014), Sentencing (2013), and People with cognitive and mental health impairments and the criminal justice system (2013).


Chairpersons


References


External links

*{{Official website, http://www.lawlink.nsw.gov.au/lrc
''Law Reform Commission Act 1967'' (NSW)
Government agencies of New South Wales New South Wales law Law reform in Australia 1966 establishments in Australia