Reinhardt, Greg --- "VIC Law Reform Report" [1996] ALRCRefJl 16; (1996) 69 Australian Law Reform Commission Reform Journal 49

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ALRC Reform 69

LAW REFORM IN VICTORIA

Law reform activities in Victoria are carried out essentially through two bodies, the Attorney-General's Law Reform Advisory Council and the Victorian Parliamentary Law Reform Committee.

The Attorney-General's Law Reform Advisory Council was established in early 1993. As part of its Terms of Reference, the Council is concerned with identifying areas of law which should be investigated as being in need of reform, including areas of statute and common law.

Proposals are put forward by members of Council. The Council has also engaged in public consultation to identify areas of law which might be in need of reform.

The range of proposals received (and considered) by the Council has been far-reaching. Those proposals include such diverse matters as reform of administrative law, property law, testator's family maintenance, aspects of insurance law and the legal recognition of sex reassigned women and men.

The Council commissions reports from experts in the various areas of law, the subject of proposals and receives submissions in respect of those proposals and any reports which are commissioned.

Upon consideration of the proposal, and any report or submission received in respect of the proposal, the council decides whether to recommend to the Attorney that the proposal be given her consideration as a matter appropriate for law reform.

The Victorian Parliamentary Law Reform Committee is a committee established by the Victorian Parliament. The Committee enquires into matters of law reform referred to it by the Victorian Parliament. It is able to hear evidence from witnesses in respect of the matters referred to it.

It has been engaged in references concerning jury service in Victoria, the legal liability of health service providers, the law of wills and has published a report, Curbing the Phoenix Company on the law relating to directors and managers of insolvent corporations.

In addition to the two bodies mentioned, it should be noted that the Parliamentary Scrutiny of Acts and Regulations Committee looks at proposed legislation and, as part of that activity, necessarily investigates the need for change in the law sought by such legislation. Prior to the dissolution of the Victorian Parliament on 5 March 1996, the Committee was looking at an evidence bill based upon the Commonwealth and New South Wales legislation relating to evidence.

A recent instance of a specific body established to investigate a particular area of law and the need for reform in that area is the Premier's Drug Advisory Council chaired by Professor David Pennington. This council reported in March 1996 making recommendations on education, treatment, law enforcement and policies of harm minimisation. The report also recommended eliminating the offence of personal possession and use of marijuana and allowing the cultivation of up to five plants per household for personal use.

Finally the Victorian Attorney-General, Ms Jan Wade, will be introducing two significant pieces of legislation in the current sitting of Parliament. The Criminal Procedure (Mental Impairment and Unfitness to be Tried) Bill will codify the existing rules on unfitness to plead and aims to reform the 'governor's pleasure' system of detention. It is based on an October 1995 report of the Community Development Committee and the provisions of the model bill prepared by the Model Criminal Code Officers Committee [see Reform #68].

The Legal Practice Bill will create a new regulatory regime for the Victorian legal profession. Two new bodies - the Legal Practice Board and the Legal Ombudsman - will be established and a registration system will be set up to allow interstate practitioners to practise in Victoria without having to be admitted and obtain a practising certificate. The Crimes Compensation Tribunal and proposed Victim Assistance Scheme are also currently under review.

Greg Reinhardt

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