Terms of Reference
Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Attorney General, the Honourable Jeff Shaw QC MLC, referred the following matter to the Law Reform Commission by letter dated 12 April 1995:
To inquire into and report on the laws relating to sentencing in New South Wales with particular reference to:
(i) the formulation of principles and guidelines for sentencing;
(ii) the rationalisation and consolidation of current sentencing provisions;
(iii) the adequacy and use of existing non-custodial sentencing options with particular reference to home detention and periodic detention;
(iv) the adequacy of existing procedures for the release of prisoners by the Offenders Review Board and the Serious Offenders Review Council and the benefits that might accrue from the review of the decisions of the Offenders Review Board and the Serious Offenders Review Council by judicial officers; and
(v) any related matter.
In undertaking this reference, the Commission should have regard to the proposals in relation to sentencing contained in the Australian Labor Party policy documents formulated in Opposition.
Participants
The Law Reform Commission is constituted by the Law Reform Commission Act 1967. For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:
Mr Michael Adams QC
The Hon Justice John Dowd
The Hon Justice David Hunt
Her Hon Judge Angela Karpin
The Hon G J Samuels AC QC (until 28 February 1996)
Professor Michael Tilbury (Commissioner-in-Charge)
Professor David Weisbrot
Officers of the Commission
Executive Director
Research and Writing
Ms Adrienne Bailey
Ms Ellen Behrendt
Mr Robert Mitchell
Mrs Sally Riordan
Mr Joseph Waugh
Mr Jarrod White
Librarian
Desktop Publishing
Administrative Assistance
Ms Jean Dulieu
Ms Zoya Howes
Honorary Consultants
Professor Kate Warner
Associate Professor George Zdenkowski
Submissions
The Commission invites submissions on the issues raised in this Discussion Paper. Submissions and comments must reach the Commission by 21 June 1996. Suggestions for further issues which should be considered are welcome.
All enquiries and submissions should be directed to:
[Current contact details for the Law Reform Commission]
Who can make a submission?
Anyone can make a submission or comment. If you have an opinion on the matters under review or personal experience of the issues involved, the Commission would like to hear from you. You do not need legal qualifications to make a submission, although the Commission welcomes input from the legal community.
Use of submissions and confidentiality
Submissions made to the Commission may be used in two ways:
- Because the law reform process is a public one, copies of submissions are normally made available by the Commission on request to other persons or organisations. If you would like your submission to be treated as confidential, please indicate on your written submission or oral comments. Any request for a copy of a submission marked "confidential" will be determined in accordance with the Freedom of Information Act 1989 (NSW).
- In preparing its report, the Commission will make reference to submissions made in response to this Discussion Paper. However, a request for confidentiality will be respected by the Commission in relation to the publication of submissions.
Thus, if you would like your submission treated as confidential, please indicate this on your written submission or when making oral comments.
