Law Reform in Victoria
Victorian parliamentary committees
The first law reform agency in Victoria was the Joint Committee on the Consolidation of Law:
- it was established under the Standing Orders of the Victorian Parliament in 1928
- in 1948 it was renamed the Statute Law Revision Committee and given statutory backing
- its powers were widened in 1956 and it was reconstituted in 1962
- in 1982, it was amalgamated with the Subordinate Legislation Committee into the Legal and Constitutional Committee
- it was split into the Law Reform Committee and the Scrutiny of Acts and Regulations Committee in 1992.
The Law Reform Committee was given primary responsibility for law reform, but the Scrutiny of Acts and Regulations Committee was also established with a law reform function.
With the re-establishment of the Victorian Law Reform Commission, the Labor government retained the Parliamentary Law Reform Committee in recognition of the different roles served by a bipartisan committee of parliament and an independent law reform agency.
Law Reform Commissioner and Law Reform Advisory Council
In 1974 Victoria established the office of Law Reform Commissioner. It existed until 1983 and saw three appointments:
- the Honourable Dr W Smith QC (1974–76)
- the Honourable Sir John Minogue QC (1977–82); and
- Professor Louis Waller AO (1982–83).
The Commissioner was assisted by a Law Reform Advisory Council consisting of lawyers, law professors and non-legal professionals.
The Law Reform Commissioners produced recommendations about criminal law, as well as company law, contract law and property law.
While he was Law Reform Commissioner, Professor Louis Waller also chaired a committee which produced recommendations on in-vitro fertilisation.
Law Reform Commission of Victoria (1984–92)
In 1984 the office of Law Reform Commissioner and the Law Reform Advisory Council were replaced by the Law Reform Commission of Victoria. The former Law Reform Commissioner, Professor Louis Waller, chaired the commission until 1985, when David St Kelly was appointed.
The commission produced reports on many areas of criminal law, as well as property law, product liability, medicine, science and the law, discrimination, powers of attorney and regulating occupations, including the legal profession.
The commission also completed work on plain English drafting and identifying and repealing obsolete legislation.
In 1992 the Law Reform Commission of Victoria was abolished.
Victorian Attorney-General's Law Reform Advisory Council (1992–2001)
In 1992 the Victorian Government replaced the Law Reform Commission of Victoria with the Parliamentary Law Reform Committee and the Victorian Attorney-General's Law Reform Advisory Council. The council was a part-time body chaired by the Chief Justice of Victoria, the Honourable John Harber Phillips AC, and supported by an academic secretary. Professors Sally Walker, Greg Reinhardt and Michael Tilbury each held the position of academic secretary.
Victorian Law Reform Commission (2001–
The Victorian Law Reform Commission Act 2000 was passed in June 2000 and Professor Marcia Neave AO was appointed the first Chairperson and full-time Commissioner in October 2000. The commission opened on 6 April 2001.
The first references given to the commission on 27 April 2001 were:
- Sexual Offences
- Disputes Between Co-owners
- Privacy
Other references given to the commission since its opening include:
- Defences to Homicide - 20 November 2001
- Criminal Liability of the Crown - 21 December 2001
- Compulsory Treatment and Care of People with an Intellectual Disability - 21 December 2001
- Assisted Reproduction Technology and Adoption - 11 October 2002
- Family Violence - 1 November 2002
- Evidence - 22 November 2004
- Bail - 22 November 2004
- Civil Justice - 4 September 2006
- Abortion - 26 September 2007
- Jury Directions - January 2008
See also the Speeches and Articles page in the Newsroom for Justice Neave's speech about the history and future directions of law reform.