To review submissions by the International Commission of Jurists (as to writs of habeas corpus) and to consider generally the procedures which might be adopted in this State covering applications presently provided for in section 20 of the Supreme Court and Circuit Courts Act, as amended.

[Reference received 11 March 1966]

2. Legal Practitioners Act
To consider amendments to the Legal Practitioners Act proposed by the Law Society of New South Wales.

[Reference received 11 March 1966]

3. Supreme Court procedure
To prepare a draft Bill and a set of rules to modernize Court procedures in general accord with the report prepared by a sub-Committee of the Chief Justice's Law Reform Committee, so as to bring about a fusion of law and equity in this State's procedures.

[Reference received 11 March 1966]

4. Application of Imperial Acts
To review all Imperial Acts in force in this State (as a first step towards general Statute Law Revision) and so far as practicable, the preparation of legislation to repeal them as Imperial Acts and re-enact such part of them as should remain part of the law of New South Wales.

[Reference received 11 March 1966]

5. Statute Law Revision
Following the complete review of the Imperial Acts in force in this State to consider and review all local Acts with a view to their re-enactment where necessary in modern form, retaining the existing spirit and intendment of such Acts, but the Commission to be free to make specific inquiry of the Attorney General on any aspect arising in the course of its review for determination of policy.

[Reference received 11 March 1966]

6. Appeals in administration
To consider whether a right of appeal should be granted from decisions of administrative tribunals and officers, and whether, in this regard, it may be desirable to appoint an Ombudsman and in particular to deal with the following-

(a) the effect of any such proposals upon judicial review including the Prerogative Writs and Crown Privilege; and

(b) the form of any legislation which may be proposed for consideration by the Government.

[Original reference received 11 March 1966; Substituted reference (as above) received 6 September 1966]

7. Interpretation Act
To review the Interpretation Act of this State and to prepare a draft Bill to modernize and improve the existing provisions of the law in this behalf.

[Reference received 11 March 1966]

8. Infancy in relation to contracts and property
To review the law in infancy relating to contracts and dispositions of property and testamentary capacity, and incidental matters.

[Original reference received 11 March 1966; Substituted reference (as above) received 31 January 1968]

9. Claims for personal injury
To review the law and procedures in relation to claims in tort for personal injuries and to consider the problems which arise where the plaintiff or the defendant, or both, are covered by liability insurance policies, and to review the retention of the fault rule in such cases.

[Original reference received 11 March 1966; Substituted reference (as above) received 6 September 1966]

10. Defamation
To review the law and practices of the Courts in relation to libel and slander; and without limiting the generality of the foregoing, to enquire into the extent to which the law and the practices of the Courts as at present existing in respect of Contempt, Libel and similar legislation hamper the Press in publishing facts of public interest and in editorially commenting thereon within the limit of what is necessary for the protection of the liberty of the subject and the security of the State.

[Reference received 29 June 1966]

11. Testator’s family maintenance
To review the law relating to cases where the dispositions (if any) made by a deceased person during his life or by will do not make due provision for dependants and others including, in particular, the provisions of the Testator's Family Maintenance and Guardianship of Infants Act, 1916 (except, save as to incidental matters, the provisions of that Act relating to guardianship) and section 61A of the Wills, Probate and Administration Act, 1898, and incidental matters.

[Original reference received 29 June 1966; Substituted reference (as above) received 15 October 1973]

12. Law of contract
To review the law of contract with a view to its codification.

[Reference received 29 June 1966]

13. Evidence
To review the law of evidence in both civil and criminal cases.

[Reference received 29 June 1966]

14. Sale of goods
To review the law relating to the sale of goods and to review the liability of manufacturers, sellers and other persons having a connection in the course of trade with goods to buyers users and other persons suffering damage through defects in goods; and to consider proposing uniform legislation on these subjects throughout the Commonwealth. The reference relating to the sale of goods does not include such special legislation as the Hire-Purchase Act, 1960, the Credit-sale Agreements Act, 1957, and the Lay-by Sales Act, 1943, except as to incidental matters.

[Original reference received 6 September 1966; Substituted reference (as above) received 13 September 1966]

15. Options in leases
To review the law relating to provisions in leases enabling the tenant to renew the lease or to purchase the leased premises and incidental matters.

[Reference received 9 June 1967]

16. Occupier’s liability
To review the law relating to the rights and liabilities of occupiers of land and incidental matters.

[Reference received 9 June 1967]

17. Limitation of actions
To review the law relating to limitation of actions, notice of action, and incidental matters.

[Reference received 9 June 1967]

18. Liability for animals
To review the law relating to damage caused by or to animals and incidental matters.

[Reference received 9 June 1967]

19. Crown proceedings
To review the law relating to proceedings by and against the Crown and incidental matters.

[Reference received 9 June 1967]

20. Coroners
To review the law relating to coroners and incidental matters.

[Reference received 9 June 1967]

21. Mortgages of personalty
To review the law relating to mortgages of personal property including liens on crops and wool and stock mortgages and bills of sale.

[Reference received 31 January 1968]

22. Contracts and the conflict of laws
To review the law in relation to contracts made in a State or to be performed in a State which are invalid in or cannot be enforced in such State but which provide that the law of the contract is to be the law of another State which differs from that of the first State. And in particular, the extent to which the rules of private international law or the Federal Constitution affect either the validity of the contract or its enforcement, and the means open to the legislature of the first State to regulate the rights and liabilities arising under such contracts.

[Reference received 31 January 1968]

23. Covenants affecting land
To review the law concerning covenants affecting land and incidental matters.

[Reference received 31 January 1968]

24. Covenants in restraint of trade
To review the law relating to the validity and enforcement of covenants in restraint of trade.
[Reference received 27 February 1969]

25. Powers of attorney
To review the law relating to Powers of Attorney and incidental matters.

[Reference received 19 March 1971]

26. Special constables
To review the law relating to the appointment, control and discipline of special constables and incidental matters.

[Reference received 18 August 1971]

27. Corporations
To review the principles of the Law relating to-

(a) the formation of corporations under the Companies Act, 1961;

(b) corporations so formed; and

(c) corporations formed under similar legislation in places outside New South Wales, and incidental matters.

Without affecting the meaning of the above terms of reference, I request the Commission to consider in the course of the review the following matters relating to corporations under the Companies Act, 1961-

(a) The minimum number of members.

(b) The liability of members and officers to creditors and others having claims against the corporation.

(c) The liability of one of a group of corporations to creditors and others having claims against others of the group. "Group of Corporations" here means a number of corporations related by proprietorship or control, as for instance a holding company and its subsidiaries.

(d) The rights and liabilities arising where a member of a corporation is also an officer of the corporation.

(e) The interests of members of a corporation in the property of the corporation.

(f) The classification of corporations under section 14 (2) of the Companies Act, 1961.

(g) The distinction under the Companies Act, 1961, between-

(i) public companies and proprietary companies; and

(ii) exempt and other proprietary companies.

[Reference received 7 September 1971]

28. Arbitration of civil disputes
To review the law relating to the arbitration of civil disputes and incidental matters.

[Reference received 9 September 1971]

29. Supreme Court Act review
To keep under review the Supreme Court Act, 1970, excluding the Fourth Schedule, and to report thereon and on incidental matters, as occasion arises.

[Reference received 7 September 1971]

30. Share options
To review the law and practice relating to the granting of options to acquire unissued shares in companies, including the recording and disclosure of agreements relating thereto, dealings in rights thereby created and incidental matters.

[Reference received 2 June 1972]

31. Persons under disability and the management of their affairs
To review the law relating to the management of the property and affairs of persons in circumstances where the persons concerned do not or cannot manage their own property and affairs, including the cases of patients, protected persons and incapable persons within the meaning of the Mental Health Act, 1958, and the cases of persons who are absent or cannot be found and incidental matters.

[Reference received 31 July 1972]

32. Procedure
To review the procedures used and remedies available in the civil and criminal courts, including the enforcement of judgments and orders; in doing so, to have regard for the functions of the Rule Committee of the Supreme Court, other rule making authorities, and of the Criminal Law Committee; and to consider what reforms should be made for the more convenient cheap and efficient disposal of legal matters which now come or might be brought before the courts.

[Reference received 22 March 1973]

33. Frustrated contracts
To consider the Law Reform (Frustrated Contracts) Act 1943 of the United Kingdom for the purpose of recommending whether it is suitable for adoption in New South Wales and, if it is suitable, what modification of it would be necessary, and incidental matters.

[Reference received 7 August 1973]

34. Perpetuities and accumulations
To consider the Perpetuities and Accumulations Act 1964 of the United Kingdom and comparable legislation of other countries for the purpose of recommending whether such legislation, or any part of it, is suitable for adoption in New South Wales and, if so, what modifications would be necessary and any incidental matters arising therefrom.

[Reference received 22 October 1973]

35. The courts
1. To review and report upon the principles in accordance with which the Supreme Court Act, 1970, including the Fourth Schedule, should be amended, if amendment appears necessary or desirable, and the jurisdictions of the Supreme Court altered, having regard to the legislative provisions and jurisdictions appropriate for the District Court and Courts of Petty Sessions.

2. Insofar as any of its recommendations under paragraph 1 may affect directly or indirectly the District Court and/or Courts of Petty Sessions, to review and report on the principles in accordance with which legislation dealing with these Courts and their respective jurisdictions should be altered, amended or reformed.

3. To review and report on the principles in accordance with which judicial business now done by the Supreme Court, the District Court and Courts of Petty Sessions should be distributed between these Courts.

(These terms of reference are submitted to the Commission upon the understanding that the Commission acts in liaison with the Chief Justice, the Chief Judge of the District Court and their respective Executive Officers, the Chairman of the Bench of Stipendiary Magistrates, the Under Secretary of Justice, and the Chief Executive Officer of the Petty Sessions Branch, in order to ensure that existing and planned Court accommodation, administration and practicable considerations, and likely availability of judicial appointees are taken into account, so as to produce recommendations capable of practical application as a basis for legislative changes.)

[Reference received 17 July 1974]

36. Sale of land on terms
To review the law relating to the sale of land on terms under contracts whereby payment is deferred or payment is made by instalments, with a view to protecting purchasers against oppressive conditions, and with a view to safeguarding, in the period between the date of contract and date of completion of the sale, the interests of a purchaser against his vendor and persons claiming under his vendor.

[Reference received 3 June 1975]

37. Legal profession
To inquire into and review the law and practice relating to the legal profession and to consider whether any and, if so, what changes are desirable in

(a) the structure, organization and regulation of that profession;

(b) the functions, rights, privileges and obligations of all legal practitioners; and

(c) the provisions of the Legal Practitioners Act, 1 898, and the rules and regulations made thereunder and other relevant legislation and instruments;

with particular reference to but not confined to the following matters:

(d) the division of the legal profession into two branches;

(e) the rights of audience of legal practitioners;

(f) the existence or otherwise of monopolies or restrictive practices within the profession;

(g) the right of senior counsel to appear without junior counsel;

(h) the fixing and maintenance of ethical standards;

(i) the making, investigation and adjudication of complaints concerning the professional competence or conduct of legal practitioners and the effectiveness of the investigation and adjudication of such complaints by professional organizations;

(j) the making, investigation and adjudication of complaints concerning charges made for work done by legal practitioners;

(k) the fixing and recovery of charges for work done by legal practitioners, including the charging by junior counsel of two-thirds of his senior's fee and the fixing of barristers' fees in advance for work to be done;

(l) the liability of legal practitioners for professional negligence and compulsory insurance in respect thereof;

(m) partnerships and the incorporation of legal practices;

(n) advertising;

(o) confidentiality;

(p) the certification of legal practitioners as specialists in particular fields;

(q) performance of conveyancing and other legal work other than by legal practitioners;

(r) fidelity guarantees and rules relating to the administration of guarantee funds;

(s) the Statutory Interest Account;

(t) the supervision by independent third parties of trust accounts of legal practitioners;

(u) the necessity for participation by legal practitioners in courses of continuing legal education;

but not including an examination of the provisions of the Legal Assistance Act, 1943, the Public Defenders Act, 1969, the Legal Practitioners (Legal Aid) Act, 1970, the role of the Law Foundation; or legal education prior to admission.

[Reference received 16 September 1976]

38. Unincorporated associations
To review the law and practice relating to unincorporated associations and incidental matters.

[Reference received 22 February 1977]

39. Ethnic groups
To consider the law of New South Wales with a view to its reform in relation to any matters specially affecting ethnic groups or members of ethnic groups in the community.

(This reference is made to the Law Reform Commission in order to enable it to take up matters raised by the Ethnic Affairs Commission, and on the understanding that the two Commissions will seek specific approval from the Attorney General on matters to be taken up from time to time by the Law Reform Commission within the scope of the reference.)

[Reference received 19 May 1978]

40. De facto relationships
To inquire into and review the law relating to family and domestic relationships, with particular reference to the rights and obligations of a person living with another person as the husband or wife de facto of that other person, and including the rights and welfare of children of persons in such relationships.

[Reference received 13 July 1981]

41. Accident compensation
To inquire into, report on and make recommendations concerning the extent to which compensation should be payable in respect of death or personal injury and in particular, without affecting the generality of the foregoing, to consider

(a) whether "no-fault compensation" should be payable in respect of death or personal injury suffered by any person through the use of a motor vehicle or other means of transport;

(b) whether "no-fault compensation" should be payable in respect of death or injury suffered by any person in circumstances other than the use of a motor vehicle or other means of transport;

(c) whether a "no-fault compensation" scheme or schemes should be introduced in New South Wales and, if so, to consider further the nature and scope of any such scheme including

• the benefits to be provided;
• the basis on which claims should be determined;
• the means of financing the scheme;
• the manner in which the scheme is to be administered;
• the relationship between the benefits under the scheme and other forms of assistance or entitlements, whether provided under legislation or otherwise;

(d) whether any "no-fault compensation" scheme should be in substitution for all or any rights to compensation under existing law;

(e) whether the principles and practices relating to compensation for death or personal injury under

• workers' compensation legislation;
• other legislation;
• the tort or common law system;
• should be modified and, if so, in what way:

(f) any matter incidental to the above including transitional arrangements for the implementation of recommendations.

[Reference received 12 November 1981]

42. Criminal procedure
To inquire into and review the law and practice relating to criminal procedure, the conduct of criminal proceedings and matters incidental thereto; and in particular, without affecting the generality of the foregoing, to consider-

(a) the means of instituting criminal proceedings;

(b) the role and conduct of committal proceedings;

(c) pre-trial procedures in criminal proceedings;

(d) trial procedures in matters dealt with summarily or on indictment;

(e) practices and procedures relating to juries in criminal proceedings;

(f) procedures followed in the sentencing of convicted persons;

(g) appeals in criminal proceedings,

(h) the classification of criminal offences;

(i) the desirability and feasibility of codifying the law relating to criminal procedure.

43. Insurance contracts
To review section 18 of the Insurance Act, 1902 in the light of the common law relating to disclosure, non-disclosure and misrepresentation of fact in contracts of insurance.

[Reference received 28 July 1982]

44. Interest on debts
Whether the courts of New South Wales or any one or more of them, should be empowered to award interest on debts where payment is made, whether in whole or in part, before judgment.

[Reference received 28 July 1982]

45. Service of civil process on Sunday
The law relating to the service of civil process on Sundays, and, in particular, without limiting the foregoing the service of initiating process issued out of a civil court and the service of subpoenas

[Reference received 28 July 1982]

46. Recording of court proceedings
To inquire into and report on the following matters:

(1) whether tape recording or other recording of court proceedings the proceedings of Royal Commissions and the proceedings of Commissions of Inquiry under the Special Commissions of Inquiry Act, 1983 by -

• representatives of publishers and broadcasters (including, representatives of the press and of radio and television broadcasters);
• a person who is or intends to be the author of a book or article devoted entirely or in part to the proceedings;
• the parties to legal proceedings, persons granted leave to appear before a Royal Commission or a Commission of Inquiry, and their legal representatives or anyone or more of them;
• any other person.
• should be permitted in New South Wales and if so on what conditions.

[Reference received 16 October 1982]

47. Wills: execution and revocation
To inquire into and report on:

(i) The law relating to the execution and revocation of wills and documents of a testamentary nature, including the law relating to:

• signature, attestation and witnessing;
• privileged wills;
• revocation by marriage and by dissolution of marriage.

[Reference received 20 June 1983]

48. Passing of risk between vendor and purchaser of land
To inquire into and report on:

(i) The law and practice relating to insurance or compensation in respect of damage to or destruction of improvements and other property on land the subject of a contract for sale, and as part of such inquiry to consider the following:

(i) how the risk of such damage or destruction should be borne as between vendor and purchaser

(ii) whether the benefit of an insurance policy held by the vendor should ensure for the purchaser

(iii) the manner in which the proceeds of any insurance policy held by the vendor or the purchaser, or any compensation received by either party, should be applied.

[Reference received 20 June 1983]

49. Local Courts Act
To inquire into and report on the following matters

(a) the procedures and criteria which should be followed and applied for selection of the persons to be first appointed as Magistrates under section 12(1) of the Local Courts Act- 1982;

(b) having regard to

(i) the first year's operation of the Local Courts Act, 1982, and

(ii) the objectives of the Act,

(c) any incidental matters.

Pursuant to section 13(1) of the Law Reform Commission Act 1967, I direct that the Commission make an interim report as soon as possible. The interim report should deal with the matters referred to in paragraph (a), and should outline the approach that the Commission proposes to take to the examination of the matters referred to in paragraph (b)."

[Reference received 9 August 1983]

50. Artificial conception
1. To inquire into and report on the need to make laws on:

(i) Human artificial insemination (AI).

(ii) In vitro fertilization of human ova with human sperm (IVF) and transfer of the resulting embryo to the human uterus (ET).

(iii) Any other procedure whereby human ova may be fertilized otherwise than by sexual intercourse.

(iv) Any other procedure whereby the process of human reproduction may be commenced, continued or completed otherwise than in the body of a human female.

(v) The preservation of human ova, human sperm and human embryo outside the human body.

(vi) "Surrogate mothering" arrangements (arrangements under which a woman agrees to bear a child for another person or persons).

(vii) Any other related matter.

3. In making its inquiry and report the Commission may take into account to the extent that it decides is necessary or desirable:

(i) Social, ethical and legal issues related to the subjects described above.

(ii) Any form of artificial conception of a human child that it considers relevant.

(iii) The public interest and the interests of children, parents, infertile couples, and any other relevant person.

(iv) The nature of and issues raised by arrangements and agreements relating to any of the subjects described above, and to any child that may be born as a result.

(v) The legal rights and liabilities of medical and other personnel involved in such practices and other related practices.

(vi) Present laws including laws concerning children, including custody, adoption, inheritance and anti-discrimination, ownership of and dominion over human tissues, and the treatment of human infertility.

(vii) Proposals and activities in relation to the subjects described above under consideration by the Standing Committee of Attorneys General, and by any Committee or other Organisation established in Australia by a State or Territory or by the Commonwealth.

51. Attachment of moneys deposited with building societies and credit unions
To inquire into and report on:

1. Whether the law relating to the garnishment and attachment of debts may or should apply to money deposited with a building society or a credit union, and in particular without limiting the foregoing, whether proceedings by way of garnishment or attachment or both may or should apply to:

• deposit accounts, and
• withdrawable share capital, and withdrawable share accounts

2. Any incidental matter.

[Reference received 8 December 1983]

52. Conscientious objection to jury service
To inquire into and report on the following matters:

1. Whether the grounds of exemption from jury service under the Jury Act, 1977 should be extended to include conscientious objection to such service and, if so, how such conscientious objection should be recognised.

2. Any incidental matter.

[Reference received 17 February 1984]

53. Limitation of actions
To inquire and report on the following matters:

1. Whether section 60 of the Limitation Act 1969 should be amended to allow the Supreme Court to grant extensions of time to sue in respect of death claims on the same terms as that currently existing for other personal injury claims.

2. Whether the Limitation Act 1969 should be reconsidered generally insofar as it applies to personal injury claims, to ascertain the need for an additional general discretion under this legislation broad enough to allow courts to prevent a particular injustice which might arise in the application of specific clauses.

3. Any incidental matter.

[Reference received 5 March 1984]

54. Employees’ liability
To inquire and report on:

(1) (a) whether contribution or indemnity by an employee to an employer in respect of the liability of the employer, pursuant to common law, the Workers’ Compensation Act, 1926 or otherwise, for loss or damage suffered by a third person as a result of the act or omission of the employee, should be limited or denied;

(b) the circumstances, if any, in which an employer should be liable to indemnify an employee in respect of liability incurred by the employee for loss or damage suffered by a third party.

(2) Any related matter.

(In making its Report the Commission should pay particular attention to the provisions of the Employee’s Liability (Indemnification of Employer) Act, 1982.)

[Reference received 9 April 1984]

55. Recovery of payments made under mistake of law
To inquire and report on the following matters:

1. The law relating to the recovery of money paid under a mistake of law, including the law relating to defences to claims for such recovery;

2. Any incidental matter.

[Reference received 25 June 1985]

56. Liability for dogs
To inquire into and report on the following matters:

1. Whether, and if so the circumstances in which, criminal and/or civil liability, beyond that presently provided for in ss6 and 20 of the Dog Act 1966, should be imposed on an owner or person who has the effective care and control of a dog which causes harm to any person or property;

2. Any related matter.

[Reference received 4 August 1985]

57. Contribution between persons liable for the same damage
To inquire into and report on:

• the law governing rights of contribution between two or more persons responsible for the same damage; and
• any incidental matter.

58. Liability of highway authorities for non-repair
To inquire into and report on the following matters:

1. whether the common law rule which denies recovery to a person injured as a result of a failure to repair the highway in an action against the authority in occupation of the highway should be modified or abolished;

2. any related matter.

[Reference received 25 September 1985]

59. Registration and certification of births and deaths
To inquire into and report on:

1. Criteria for registration of the surname of a child of married and unmarried parents; registration procedures and acknowledgment of paternity in relation to an ex-nuptial child; details to be recorded in relation to births and deaths; provision of certificates omitting potentially embarrassing details appearing in a registration.

2. Any related matter.

[Reference received 11 November 1985]

60. Disposal of uncollected goods
To Inquire into and report on:

1. The law governing the rights and liabilities of persons in possession of uncollected goods, including but not limited to the application of the Disposal of Uncollected Goods Act, 1966;

2. Any incidental matter.

[Reference received 17 March 1986]

61. Dividing fences
To inquire into and report on:

1. the law governing the rights and liabilities of owners or occupiers of adjoining land with regard to the construction and maintenance of dividing fences, including but not limited to the application of

(a) the Dividing Fences Act, 1951;

(b) relevant parts of the Crown Lands Consolidation Act 1913, Western Lands Act 1901, Closer Settlement Act 1904, and Pastures Protection Act 1934.

[Reference received 4 November 1986]

62. Jurisdiction of Local Courts over foreign land
To inquire into and report on:

1. whether the rules of private international law stated in and derived from British South Africa Co v Companhia de Moçambique [1893] AC 602 should be wholly or partially abolished; and

2. any related matter.

[Reference received 22 December 1986]

63. Representations as to credit
To inquire into and report on the following matters:

1. Whether s 10 of the Usury, Bills of Lading, and Written Memoranda Act 1902 should be repealed; and

2. Any related matter.

[Reference received 22 December 1986]

64. Rule in Bain v Fothergill
To inquire into and report on:

1. Whether the rule known as the rule in Bain v Fothergill (1874) LR 7 HL 158, which precludes recovery of loss of bargain damages for breach of a contract to sell land in certain circumstances, ought to be wholly or partly repealed; and

2. Any related matter.

[Reference received 16 March 1987]

65. Co-operative law reform projects (standing reference)
I refer to the Law Reform Commission for continuing inquiry and report to me:

a) on the publication of Reports and Discussion Papers by other agencies and as to whether such Reports or Papers are of sufficient importance and relevance to warrant their formal examination by the Commission either alone or in conjunction with another Commission;

b) the suitability for New South Wales of reforms proposed in those Reports specified by me; and

c) any related matter.

66. Informed consent to medical treatment
To:

• liaise with the Victorian Law Reform Commission on its project on Informed Consent to Medical Treatment;
• co-operate with the Victorian Commission in the preparation of a report; and
• consider the suitability of the recommendations for implementation in New South Wales.

67. Wills for person lacking will-making capacity
to inquire into and report upon:

(a) whether power should be given to any person or body-

(i) to give effect to a will or disposition of a testamentary nature made by or on behalf of a person lacking testamentary capacity by reason of mental disability;

(ii) to make such a will or disposition on behalf of such a person;

[Reference received 23 December 1987]

68. Neighbour and neighbour relations
To inquire into and report on -

1. The laws which define and regulate relationships between people who live on neighbouring land with particular reference to:

(a) access to neighbouring land for the purposes of maintaining fixtures and services required by an adjoining property;

(b) easements for joint services, including joint connections for sewerage and drainage;

(c) problems caused by trees;

(d) noise control as it effects neighbours.

[Reference received 23 December 1987]

69. Torrens title: compensation for loss
To inquire into and report on:

(i) the extent to which all or some of the Torrens System Register should be subject to a State guarantee, and the extent of this guarantee;

(ii) the operation of the Assurance Fund, established under the Real Property Act 1900 (NSW) ("RPA"), to assess whether it is working as intended and as efficiently as possible; and

(iii) any related matter.

[Reference received 20 January 1988]

70. Alternative dispute resolution: training and accreditation of mediators
To inquire into and report on:

(a) the need for training and accreditation of mediators;

(b) any related matter.

[Reference received 20 January 1988]

71. Provisional damages
To inquire into and report upon:

1. the manner of assessment of damages (whether in respect of tort or other breach of duty) in cases where uncertainty exists as to the future conditions or events relevant to the quantum of the plaintiff's recoverable loss;

2. the desirability of the introduction of a scheme enabling a court to defer the final assessment of damages in order to allow the quantum of loss to be determined more precisely;

3. the form of any such scheme, including consideration of the court's power to make orders for provisional damages pending final assessment of loss;

4. any related matter.

[Reference received 28 August 1990]

72. Unilateral severance of a joint tenancy
To inquire into and report upon:

(i) whether and in what respect the law relating to the unilateral severance of a joint tenancy should be altered; and

(ii) any related matter.

[Reference received 14 November 1990]

73. Personal property securities
For inquiry and report:

(1) Whether any changes should be made to the law relating to securities over personal property and intangibles in New South Wales and in what respect;

(2) Any related matter.

[Reference received 14 November 1990]

74. Environmental law
To inquire into and report on-

(i) the use of civil processes and remedies as a means of enforcing environmental laws;

(ii) the law of standing in its application to environmental laws and the enforcement of court orders;

(iii) the use of modern conflict resolution techniques to resolve disputes relating to the environment; and

(iv) any incidental matter.

(In undertaking work on this reference, the Commission should have regard to the desirability of uniformity of the laws of the States and Territories in the area of environmental protection.)

[Reference received 26 September 1991]

75. Blasphemy
To inquire into and report the following matters:

(i) whether the present law relating to the offence of blasphemy is adequate and appropriate to current conditions; and

(ii) any related matter.

[Reference received 26 September 1991]

76. Common law crime
To inquire into and report on the following matters:

1. non-statutory criminal offences (purely common law offences);

2. the common law of conspiracy, especially procedural and evidentiary aspects;

3. the common law of complicity;

4. the common law of attempt; and

5. any related matters.

In undertaking this work, the Commission is to give priority to items 1 and 2. The Commission is also to be mindful of the work being undertaken by the Standing Committee of Attorneys General supporting development of a uniform criminal code so as to avoid unnecessary duplication.

[Reference received 27 September 1991]

77. People with an intellectual disability and the criminal justice system
To inquire into and review the law and practice relating to the treatment of the intellectually disabled in the criminal justice system and matters incidental thereto; and in particular, without affecting the generality of the foregoing, to consider -

(a) whether there should be a new uniform statutory definition of "intellectual disability";

(b) whether, and to what extent, the intellectually disabled should be diverted from the criminal justice system, including consideration of the custodial and non-custodial alternatives to the sentencing and detention of the intellectually disabled;

(c) the treatment of intellectually disabled persons in police custody and in prison;

(d) the release from custody into the community of intellectually disabled persons considered dangerous;

(e) whether specialist units should be established within the Office of the Director of Public Prosecutions, the Legal Aid Commission, the Corrective Services Commission, the Police Service and other related bodies, to deal with the intellectually disabled; and

(f) in so far as the law and practice relating to the treatment of the intellectually disabled is relevant to the treatment of the mentally ill in the criminal justice system, whether any recommendations should also be made in relation to the mentally ill.

[Reference received 27 September 1991]

78. The right to support from adjoining land
To inquire into and report on:

1. whether any changes should be made to the laws relating to the rights of adjoining land owners to support from adjacent land, including any buildings or structures; and

2. any related matters.

[Reference received 27 September 1991]

79. Scrutiny of the legal profession
(i) The Commission should inquire into the necessity for implementing alternative mechanisms to those presently existing to deal with complaints about the delivery of legal services to the public, such as a complaints unit, a Legal Services Ombudsman, or some other mechanism. In so inquiring the Commission will have regard to the need for accountability external to the legal profession in any such mechanism.

(ii) The Commission should inquire into the means of making the offices of the Director of Public Prosecutions, the Legal Aid Commission, the Crown Solicitor, and other Government Legal Services more open and accountable. In so inquiring, the Commission will have regard for the need for the impartiality and independence of those offices.

(iii) The Commission should consult fully with peak professional bodies of the legal profession in New South Wales, together with other relevant community organisations and other interested individuals and take into account any proposal of those bodies to reform and strengthen their mechanisms for investigating and adjudicating complaints.

[Original reference received 12 November 1991; Amended reference (as above) received 29 January 1992]

80. Review of the Adoption Information Act 1990
to inquire into and report on the operation of the Adoption Information Act 1990 and the Adoption Information Regulation 1991, and in particular to consider:

(i) the implementation, public awareness and administration of the legislation; and

(ii) the impact of the legislation on birth parents, children surrendered for adoption, adopting parents and the extended families of all parties.

[Reference received 16 December 1991]

81. Review of the Anti-Discrimination Act 1977
To inquire into and report on the current scope and operation of the Anti-Discrimination Act 1977 (NSW) and any related issues.

[In conducting the review the Commission was asked to have regard to:

• existing Commonwealth laws relating to anti-discrimination;
• Australia's international human rights obligations as they relate to anti-discrimination; and
• any related issues.]

82. Defamation
To inquire into and report on the law of defamation in New South Wales, with particular reference to:

(a) the relative roles of the judge and jury;

(b) standards, defences, onus and procedures;

(c) the determination of damages;

(d) non-monetary remedies, including court-ordered correction statements;

(e) alternative or additional techniques of dispute resolution;

(f) the need for provision of a separate tort of invasion of privacy;

(g) the need for the provision of "shield laws" to protect journalist's sources; and

(h) any related matters.

The Commission should provide drafting instructions for amendment of the Bill, and in doing so, taking into consideration such empirical data relating to defamation matters as may be available and to have particular regard to the proposals of the Standing Committee of Attorneys General for uniformity of defamation laws in Australia and the Discussion Paper and Report of the Legislative Committee on the Defamation Bill 1992.

[Reference received 4 November 1992]

83. Review of the Adoption of Children Act 1965
The Commission is to review the current scope and operation of the Adoption of Children Act 1965 and in particular to consider:

• the criteria for the selection of the adoptive parents, regulation of standards of practice and recognition of adoption agencies and support groups;
• the relationship between adoption and other forms of permanent care;
• intra-family adoption;
• the relevance of reproduction technology and surrogacy to adoption law;
• the relevance of Aboriginal customary law, and ethnic and racial heritage;
• inter-country adoption and overseas orders of adoption having special regard to any international treaties or conventions to which Australia is a party; and
• any related matter.

84. Barristers’ practising certificates
to inquire into and report to the Minister on the policy objectives of the provisions to which this section applies and the impact of the enactment of those provisions on the legal profession. The Commission must deliver its report within nine months after the date of assent to this Act and the Minister is to cause the Commission's report to be tabled in Parliament.

[Reference received 2 December 1992]

85. Partial defences to murder: provocation, diminished responsibility and infanticide

• to review the partial defences of infanticide, provocation and diminished responsibility under s 22A, 23 and 23A of the Crimes Act 1900 (NSW) respectively;
• to develop proposals for reform and clarification of the substantive elements of the defences.

86. Directed verdicts of acquittal
To inquire into and report on whether the Crown should have a right of appeal where there is a directed verdict of acquittal.

In conducting this review the Commission should have regard to:

(i) the incidence of directed verdicts of acquittal;

(ii) the double jeopardy rule and the rights of an accused person;

(iii) the impact of the administration of justice on public confidence in the judiciary of any proposals for reform; and

(iv) any related issues.

[Reference received 17 March 1995]

87. Review of sentencing laws
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 Australia Labor Party policy documents formulated in Opposition.

[Original reference received 20 October 1994; Substituted reference (as above) received 12 April 1995]

88. Uniform succession laws
To inquire into and report on the existing law and procedure relating to succession and to recommend and draft a model State and Territories law on succession.

In undertaking this inquiry the Commission is to consult with the Queensland Law Reform Commission which has accepted responsibility for the coordination of a uniform succession laws project.

[Reference received 5 May 1995]

89. Industrial relations
To review legal aspects of the current operation of the Industrial Relations Act 1991 (NSW), and consider in particular:

(i) the system of registration of industrial organisations, including the constitutional validity of any such system; and

(ii) the appropriate allocation of matters or proceedings between judicial and other members of an industrial tribunal or court constituted under a New South Wales law.

[Reference received 16 May 1995]

90. Surveillance
To inquire into and report on the following matters:

• the current scope and operation of the Listening Devices Act 1984 (NSW)
• the need to regulate the use of visual surveillance equipment, and
• any related matter.

• the protection of the privacy of the individual;
• the views and interests of users of surveillance technology, including law enforcement agencies, private investigators, and owners of private premises, such as banks, service stations and shops;
• the use of surveillance technology in public places.

[Reference received 2 July 1996]

91. Circulation of legal advice to government
Whether, and in what circumstances, arrangements should be made for the circulation of legal advice received by agencies representing the Crown to other agencies.

[Reference received 25 November 1996]

92. Review of section 409B of the Crimes Act 1900 (NSW)
To review the operation of section 409B of the Crimes Act 1900 (NSW) taking into account the purpose for which it was enacted and recent case law.

[Reference received 2 December 1996]

93. Review of section 316 of the Crimes Act 1900 (NSW)
To enquire into and report on whether the offences contained in section 316 of the Crimes Act 1900 (NSW) pertaining to concealing a serious offence should be abolished or amended.

[Reference received 1 August 1997]

94. Review of the right to silence
To inquire into and report on the law relating to the right to silence in New South Wales, including but not limited to:

(i) whether such a right should exist at all;

(ii) if so, the nature of any inference that should be able to be drawn from the exercise of that right;

(iii) the operation of s 20 of the Evidence Act 1995 (NSW);

(iv) whether there should be any mandatory pre-trial or pre-hearing disclosure of the nature of the defence and of the evidence in support of that defence;

(v) if so, whether it should be possible to draw any inferences from the failure to disclose such defence or evidence, or the manner of such mandatory disclosure, or from any change in the nature of the defence or in the evidence in support of it;

(vi) the operation of the current mandatory defence disclosure provisions, including those in relation to alibi, and pursuant to the Evidence Act 1995 (NSW);

(vii) whether changes to the current position with regard to prosecution pre-trial disclosure are needed; and

(viii) any related matter.

In undertaking this reference, the Commission was directed to consider the position in other Australian jurisdictions and other common law jurisdictions throughout the world.

[Received 1 August 1997]

95. Review of the law of set-off
1. To review the current law relating to set-off with a view to determining whether any change is needed.

2. In undertaking the review the Commission should have regard to the law relating to set-off that existed prior to the Imperial Acts Application Act 1969 and to judicial comment on the operation of the provisions in this Act relating to set-off.

[Reference received 26 September 1997]

96. Interlocutory procedures: discovery and interrogatories
1. To inquire into and report upon the extent to which current interlocutory procedures in the Supreme Court and District Court unduly delay or increase the cost of the conduct of civil common law and equity proceedings in these courts, and in particular, under what conditions parties should be entitled to obtain:

(i) discovery and inspection;

(ii) further and better particulars of pleadings; and

(iii) interrogatories and answers to interrogatories.

(i) discovery and inspection;

(ii) further and better particulars of pleadings; and

(iii) interrogatories and answers to interrogatories.

97. Review of the Disability Services Act 1993 and the Community Services (Complaints, Appeals and Monitoring) Act 1993
The Law Reform Commission is to:

1. Review the Disability Services Act 1993 (NSW) (the DSA) and the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) (the CAMA) to determine whether the policy objectives of the Acts remain valid and whether the terms of the Acts remain appropriate for securing those objectives;

2. Conduct the review having regard to the obligations arising under s 29 of the DSA and s 126 of the CAMA and the provisions of the Subordinate Legislation Act 1989 (NSW);

3. Review the Disability Services Regulation 1993 (NSW) to determine whether there is a need for a regulation and if so whether the policy objectives of the DSA Regulation remain valid and whether the terms of the DSA Regulation remain appropriate for securing those objectives; and

4. Conduct the review of the DSA, with consideration given to the resource or financial implications for the current legislation and regulation and any proposed legislative or regulatory amendments.

[Reference received 9 June 1998]

98. Contempt by publication
To inquire into, and report on, whether the law and procedures relating to contempt by publication are adequate and appropriate, including whether and in what circumstances, a person against whom a charge of contempt is found proven should be liable to pay, in addition to any criminal penalty, the costs (of the government and of the parties) of a criminal trial aborted as a result of the contempt.

[Reference received 14 July 1998]

99. The rule in Pigot’s Case
To review the Rule in Pigot's case to determine whether the rule should be abolished or restated in a more restricted way.

[Reference received 8 December 1998]

100. Third party guarantees
To inquire into and report on the legal framework for the protection of guarantors of small business and other loans and in particular, to consider:

(i) whether the present legal framework adequately protects the interests of personal guarantors of small business and other loans;

(ii) whether there is a reasonable level of satisfaction in the community with the operation and application of the existing laws protecting guarantors of small business and other loans, in particular, whether those guarantors, financiers and principal borrowers are satisfied with the present legal framework;

(iii) whether there are more practical and effective strategies for the provision of personal guarantees of small business and other loans that would enhance the development of conscientious lending practices while not placing undue constraints on small business lending; and

(iv) any related matters.

In carrying out its review, the Commission is to have regard to:

• The report of the Expert Group on Family Financial Vulnerability "Good Relations: High Risks - Financial Transactions Within Families and Between Friends" released by the Commonwealth Attorney General in February 1996, and any other relevant reviews;
• The effectiveness of current New South Wales legislation with particular reference to the Contracts Review Act 1980 and the Fair Trading Act 1987; and
• The need to ensure that any legal framework governing this issue adequately and effectively protects the interests of personal guarantors; promotes commercial stability and certainty; and does not unduly restrain small business lending.

101. Relationships and the law
To inquire into and report on the operation of the Property (Relationships) Act 1984, with particular regard to:

• the financial adjustment provisions of the Act and in particular:
  (i) the effectiveness of section 20 in bringing about just and equitable adjustments of the parties' respective interests; and
  (ii) whether the current legislation is able to take into account superannuation entitlements effectively;
• the process of decision-making or determination of rights;
• the Commission's Report No 36, De Facto Relationships (1983);
• the 1999 amendments incorporating the Property (Relationships) Legislation Amendment Act 1999 and the matters referred to the Legislative Council's Standing Committee on Social Issues regarding the rights and obligations of persons in interdependent personal relationships; and
• any related matter.

102. Review of Part 10 of the Legal Profession Act 1987 (NSW)
To review the procedures for dealing with complaints against legal practitioners under Part 10 of Legal Profession Act 1987, taking into account recent case law on the operation of Part 10 and the practical experience of the operation of the statutory provisions.

[Reference received 3 March 2000]

103. Jurors
To inquire into and to report on whether persons who are profoundly deaf or have a significant hearing or sight impairment should be able to serve as jurors in New South Wales and, if so, in what circumstances. In undertaking this review, the Commission should have regard to the Anti-Discrimination Act 1977 (NSW), the Disability Discrimination Act 1992 (Cth), and the need to maintain confidence in the administration of justice in New South Wales.

[Reference received 19 March 2002]

104. Apprehended violence orders
In accordance with section 562Z of the Crimes Act 1900 (NSW) the Commission is to review Part 15A of that Act to determine whether the policy objectives of the Part remain valid, and whether the terms of the Part remain appropriate for securing those objectives.

[Reference received 27 March 2002]

105. Questioning of complainants by unrepresented accused in sexual offence trials
Whether an unrepresented accused in a sexual offence trial should be permitted to cross-examine a complainant. Specifically, whether courts should have the power to appoint a person other than an unrepresented accused to cross-examine complainants in sexual offence cases whether or not the accused consents.

[Reference received 28 March 2002]

106. Consent of minors to medical treatment
To inquire into and to report on the laws relating to the consent of minors in New South Wales to medical treatment, with particular reference to:

(a) whether the rights and interests of minors and of parents and guardians are appropriately recognised;

(b) whether medical practitioners are adequately protected;

(c) whether codification and/or amendment of the law is necessary; and

(d) any related issue.

107. Community Justice Centres
The review of the Community Justice Centres Act 1983 (NSW) [including]:

(a) The role of Community Justice Centres as a statewide conflict management and mediation service;

(b) Whether the current structure of Community Justice Centres sufficiently meets the needs of the indigenous community of New South Wales;

(c) The role and entitlements of mediators; and

(d) Any related matter.

108. Time limits on loans payable on demand
To investigate and report on the issue of time limits on loans payable on demand.

[Reference received 11 February 2004]

109. Review of the Evidence Act 1995
I, BOB DEBUS, Attorney-General of New South Wales, HAVING REGARD TO:

• the importance of maintaining an efficient and effective justice system in which clear and comprehensive laws of evidence play a fundamental role,
• the experience gained from nearly a decade of operation of the uniform Evidence Act scheme, and
• the desirability of achieving greater clarity and effectiveness and promoting greater harmonisation of the laws of evidence in Australia

1. In carrying out its review of the Evidence Act 1995 (NSW), the Commission, will have particular regard to:

(a) the following topics, which have been identified as areas of particular concern:
(i) the examination and re-examination of witnesses; before and during proceedings;
(ii) the hearsay rule and its exceptions;
(iii) the opinion rule and its exceptions;

(iv) the coincidence rule;

(v) the credibility rule and its exceptions; and

(vi) privileges, including client legal privilege

(b) the relationship between the Evidence Act 1995 (NSW) and other legislation regulating the laws of evidence and whether the fact that significant areas of evidence law are dealt with in other legislation poses any significant disadvantages to the objectives of clarity, effectiveness and uniformity

(c) recent legislative and case law developments in evidence law, including the extent to which common law rules of evidence continue to operate in areas not covered by the Evidence Act 1995 (NSW)

(d) the application of the rules of evidence contained in the Evidence Act 1995 (NSW) to pre trial procedures

(e) any related matter.

(a) work in association with the Australian Law Reform Commission, with a view to producing agreed recommendations,

(b) consult with the other members of the uniform Evidence Act scheme – the Australian Capital Territory and Tasmania,

(c) consult with other States and Territories as appropriate; and

(d) consult with other relevant stakeholders, in particular the courts, their client groups and the legal profession;

3. The Commission is to report no later than 5 December 2005.

[Reference received 2 July 2004]

110. Expert witnesses
1. To inquire into and report on the operation and effectiveness of the rules and procedures governing expert witnesses in New South Wales.

2. In undertaking this inquiry, the Commission should have regard to:

• recent developments in New South Wales and other Australian and international jurisdictions in relation to the use of expert witnesses, including developments in the areas of single or joint expert witnesses, court-appointed expert witnesses, and expert panels or conferences;
• current mechanisms for the accreditation and accountability of expert witnesses for the purposes of court proceedings, including the practice of expert witnesses offering their services on a "no win, no fee" basis;
• the desirability of sanctions for inappropriate or unethical conduct by expert witnesses; and any other related matter.

[Reference received 16 September 2004]

111. Majority verdicts by juries
That the NSW Law Reform Commission inquire into and report on whether the unanimity requirement in criminal trials should be preserved in New South Wales.

In undertaking this inquiry, the Commission should have regard to:

• Arguments for and against preserving the unanimity rule;
• The incidence of hung juries in New South Wales and the possible effect of majority verdicts on hung juries;
• The operation of majority verdicts in other Australian and international jurisdictions;
• The advantages and disadvantages of different models for majority verdicts currently operating in other jurisdictions;
• Whether any other procedures or measures could decrease the incidence of hung juries in New South Wales; and
• any other related matter.

112. Role of juries in sentencing
That the NSW Law Reform Commission inquire into and report on whether or not a judge in a criminal trial might, following a finding of guilt, and consistent with the final decision remaining with the judge, consult with the jury on aspects of sentencing.

In conducting this inquiry the Commission should have regard to:

1. the jury decision making process, including the jury's role in determining guilt or innocence of the accused, and the secrecy and protection of jury delibertations;

2. the judicial sentencing process, and the enhancement of public confidence in the administration of justice.

The Commission may also report on any related matters that arise in the context of its inquiry.

[Reference received 25 February 2005]

113. Privacy
Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Law Reform Commission is to inquire into and report on whether existing legislation in New South Wales provides an effective framework for the protection of the privacy of an individual. In undertaking this review, the Commission is to consider in particular:

• The desirability of privacy protection principles being uniform across Australia.
• The desirability of a consistent legislative approach to privacy in the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002, the State Records Act 1998, the Freedom of Information Act 1989 and the Local Government Act 1993.
• The desirability of introducing a statutory tort of privacy in New South Wales.
• Any related matters.

[Reference received 11 April 2006]

114. Disputes in company title home units
I refer to your recent letter concerning the limited dispute resolution options that are available to residents in company title home units. ... I would be pleased if you would investigate this issue as part of the Commission's Community Law Reform Program and report your findings to me in due course.

[Reference received 16 May 2006]

115. Jury service
Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to inquire into and report on the operation and effectiveness of the system for selecting jurors under the Jury Act 1977.

In undertaking this inquiry, the Commission should have regard to:

• Whether the current statutory qualifications and liability for jury service remain appropriate;
• Alternative options for excusing a person from jury service;
• Recent developments in other Australian and international jurisdictions in relation to the selection of jurors; and
• Any other related matter.

116. Jury directions in criminal trials
Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to inquire into and report on directions and warnings given by a judge to a jury in a criminal trial.

In undertaking this inquiry the Commission should have regard to:

• the increasing number and complexity of the directions, warnings and comments required to be given by a judge to a jury;
• the timing, manner and methodology adopted by judges in summing up to juries (including the use of model or pattern instructions);
• the ability of jurors to comprehend and apply the instructions given to them by a judge;
• whether other assistance should be provided to jurors to supplement the oral summing up;
• any other related matter.

117. Review of section 32 of the Mental Health (Criminal Procedure) Act 1990
Under its Community Law Reform Program, the Commission is reviewing s 32 of the Mental Health (Criminal Procedure) Act 1990. As part of the review, the Commission will also examine the operation of the related provisions, s 32A and s 33.

One of the issues the Commission will consider is whether provisions similar to s 32 and s 33 should be available in the District and Supreme Courts.

[Reference received 26 April 2007; New terms of reference received 17 September 2007: see item 120, below.]

118. Sentencing people with cognitive or mental health impairments
Under its Community Law Reform Program, the Commission is reviewing the pricniples of sentencing applicable to people with cognitive or mental health impairments.

The Commission will be considering whether the common law principles that apply in these cases should be codified. It will also consider the extent to which those principles do and should apply in the related context of limiting terms (persons found unfit to plead) and persons found not guilty by reason of mental illness.

[Reference received 26 April 2007; New terms of reference received 17 September 2007: see item 120, below.]

119. Complicity in criminal cases
Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to review the common law of complicity. In undertaking this inquiry, the Commission should have regard to:

1. Arguments for and against codification of this area of the law;
2. Developments in other Australian and international jurisdictions, including those of the Model Criminal Code;
3. The desirability of a uniform legislative approach in Australia;
4. Issues raised by the High Court and the Court of Criminal Appeal decisions in R v Taufehema; and
5. Any other related matter.

120. People with cognitive and mental health impairments in the criminal justice system
Pursuant to s 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to undertake a general review of the criminal law and procedure applying to people with cognitive and mental health impairments, with particular regard to:

1. s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990;

2. fitness to be tried;

3. the defence of "mental illness";

4. the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000; and

5. sentencing.

121. Corporate manslaughter
The Occupational Health and Saftey Act 2000 (NSW) provides:

(1) The Law Reform Commission is to inquire into, and report on, the effectiveness of the provisions inserted into the Occupational Health and Safety Act 2000 and the Criminal Appeal Act 1912 by the Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (the relevant provisions).

(2) The Law Reform Commission in carrying out that inquiry, and making that report, is to have particular regard to:


(a) whether the relevant provisions are achieving their aims and objectives, and

(b) whether the relevant provisions are appropriate to achieve those aims and objectives, and

(c) the incidence and circumstances of workplace deaths in New South Wales since the enactment of the relevant provisions and whether the relevant provisions have contributed to a reduction in workplace deaths in New South Wales, and

(d) any deficiencies with the relevant provisions that have become apparent since their enactment, and

(e) provisions relating to workplace deaths in other Australian jurisdictions and their operation and effectiveness.


(3) The Law Reform Commission in carrying out that inquiry, and making that report, is to:

(a) consult with unions, employees, employers and other interested stakeholders, and

(b) conduct public hearings.


(4) The inquiry and report is to be undertaken under and in accordance with the Law Reform Commission Act 1967.

(5) The inquiry is to commence before the expiration of the period of 3 years after the commencement of the relevant provisions.

(6) The Attorney General is required to table or cause to be tabled in Parliament the report, and a detailed written response of the Government, within 3 months after the report is made by the Law Reform Commission.

[Reference commenced 15 May 2008]

122. Emergency medical care and the restricted right to practise
[The Law Reform Commission is to] inquire into and report on whether it is appropriate to amend the Medical Practice Act 1992, and in particular the definition of unsatisfactory professional conduct, and any other related like legislation, so as to make plain whether individuals whose legal right to practise medicine is restricted ought to be under any, and if so what, obligation to provide emergency medical care contrary to the restriction on their right to practise.

[Reference received 18 November 2008]

123. Penalty notice offences
I, JOHN HATZISTERGOS, Attorney General of New South Wales, having regard to the importance of a fair, just and effective penalty notice system,

REFER to the New South Wales Law Reform Commission, for inquiry and report pursuant to section 10 of the Law Reform Commission Act 1967, the laws relating to the use of penalty notices in New South Wales.

In carrying out this inquiry, the Commission will have particular regard to:

1. whether current penalty amounts are commensurate with the objective seriousness of the offences to which they relate;

2. the consistency of current penalty amounts for the same or similar offences;

3. the formulation of principles and guidelines for determining which offences are suitable for enforcement by penalty notices;

4. the formulation of principles and guidelines for a uniform and transparent method of fixing penalty amounts and their adjustment over time;

5. whether penalty notices should be issued to children and young people, having regard to their limited earning capacity and the requirement for them to attend school up to the age of 15. If so: (a) whether penalty amounts for children and young people should be set at a rate different to adults; (b) whether children and young people should be subject to a shorter conditional "good behaviour" period following a write-off of their fines; and (c) whether the licence sanction scheme under the Fines Act 1996 should apply to children and young people;

6. whether penalty notices should be issued to people with an intellectual disability or cognitive impairment; and

7. any related matter.

While the Commission may consider penalty notice offences under road transport legislation administered by the Minister for Roads, the Commission need not consider any potential amendments to these offences as these offences have already been subject to an extensive review.

[Reference received 5 December 2008]