Western Australian Law Reform Commission
Encyclopedia
The Law Reform Commission of Western Australia is a commission
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 Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...

, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

. The present commission came into existence on 31 October 1972.

History

There has been a history of law reform in common law
Common 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, or panels had advised on law reform.

One of the first systematic attempts was in 1822 and 1823, when Commissioner John Thomas Bigge, a former Chief Justice of Trinidad, prepared three reports on the state of the colony of 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...

. Those reports recommended various changes in the legal system, government, and use of convicts in the colonies. .
The present commission is a successor to that grand history of law reform in Australia.

The commission was the first permanent body established in Western 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

Constitution

The commission is established under the Law Reform Commission Act 1972 (WA). The Governor of Western Australia
Governor of Western Australia
The Governor of Western Australia is the representative in Western Australia of Australia's Monarch, Queen Elizabeth II. The Governor performs important constitutional, ceremonial and community functions, including:* presiding over the Executive Council;...

 may appoint members of the commission. Two members are to be full-time and three members are to be part-time.

The part-time members are to include a lawyer, a senior academic from a university, and a senior office of the Western Australian State Solicitor Office. Part-time members are appointed for three years.

The full-time members are to be lawyers or other people who in the opinion of the governor have the necessary experience to be on the commission. Full-time members are appointed for five years.

The chairperson is elected by the members of the commission. The current chairperson is Gillian Braddock SC
Star of Courage (Australia)
The Star of Courage is a bravery decoration awarded to Australians. It is awarded for acts of conspicuous courage in circumstances of great peril. The SC was created on 14 February 1975. The decoration recognises acts of bravery by members of the community. They selflessly put themselves in...

.

Functions

The Commission from time to time will make recommendations to the Attorney-General of Western Australia
Attorney-General of Western Australia
The Attorney-General of Western Australia is the member of the Government of Western Australia responsible for maintenance and improvement of Western Australia's system of law and justice. Before the advent of representative government in 1870, the title was Advocate-General of Western Australia...

 for possible references for the Commission to consider. The Attorney-General may direct the Commission to report on those suggestions, or may direct the Commission to report on other matters. The Attorney-General may also direct the Commission as to the order in which reports are to be considered.

After completing the report, the Commission forwards it to the Attorney General, who then is required to table it in the Western Australian Parliament.

The Commission is also required to make an annual report on its work during the year. The commission's reporting year starts in July and ends in June.

The report is then provided to the Attorney-General, who may then table the report in the State Parliament
Parliament of Western Australia
The Parliament of Western Australia consists of the Legislative Council and the Legislative Assembly . The Parliament sits at Parliament House in Harvest Terrace, Perth....

.

Work of the commission

Some of the recent reports of the commission include reports on Courts of Petty Session, the criminal justice system, and the judicial review of administrative decisions.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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