Law Reform Commission of New South Wales
Encyclopedia
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
, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966
countries such as Australia. Prior to the establishment of the commission, various parliamentary inquiries, ad-hoc commissions (such as 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. It’s 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
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
, Sir Alfred Stephen
. 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.
.
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.
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 may then table the report in the New South Wales Parliament.
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
to investigate, review and advise on the reform of the law in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, 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 lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries such as Australia. Prior to the establishment of the commission, various parliamentary inquiries, ad-hoc commissions (such as 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. It’s 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
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
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
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 as well as the administrative head...
, Sir Alfred Stephen
Alfred Stephen
Sir Alfred Stephen was an Australian judge and chief justice of New South Wales.Stephen was born at St Christopher in the West Indies. His father, John Stephen , was related to Henry John Stephen, Sir James Stephen and Sir James FitzJames Stephen, all men of great distinction in England...
. 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 the Law Reform Commission Act 1967 (NSW). The Governor of New South Wales may appoint a chairperson of the commission. The current chairperson is James Roland WoodJames Roland Wood
The Honourable James Roland Tomson Wood AO, QC is the chairman of Law Reform Commission of New South Wales, the chairman of the New South Wales Sentencing Council, the Inspector of the Police Integrity Commission and a former judge in Australia.-Early years:...
.
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
Under the Law Reform Commission Act, the commission may make interim and final reports on any of its work. The New South Wales Attorney General 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 may then table the report in the New South Wales Parliament.
Work of the commission
Some of the recent reports of the commission include reports on Uniform Evidence Law, majority verdicts, uniform Succession Laws, family provision, and expert Witnesses.External links
- Home of the commission - http://www.lawlink.nsw.gov.au/lrc
- Law Reform Commission Act 1967 (NSW) - http://www.legislation.nsw.gov.au/fullhtml/inforce/act+39+1967+fn+0+N?