The Bill that was the subject of this reference lapsed at the end of the Seventh Assembly in August 2012. The Bill was not reintroduced into the Eighth Assembly, and the Attorney-General formally withdrew the reference from the Law Reform Advisory Council. For any questions or information about the inquiry, please email lrac@anu.edu.au or telephone 02 6125 7514.
On 19 March 2013 the ACT Attorney-General, Simon Corbell MLA, tabled the Government response to the ACT Law Reform Advisory Council’s report Beyond the Binary: legal recognition of sex and gender diversity in the ACT in the ACT Legislative Assembly. The report was presented to the Attorney-General in June 2012.
In January 2011 the Attorney-General asked LRAC to inquire into and report to him on steps necessary to provide for legal recognition of transgender and intersex people in the Territory, and to ensure that any such provision is compliant with the Human Rights Act 2004, with particular regard to:
(a) the existing provisions of the Births, Deaths, and Marriages Registration Act 1997
(b) the potential implications of legal recognition of transgender and intersex people in the Territory for public functions or documentation under Territory and Commonwealth law, and
(c) the potential implications of legal recognition of transgender and intersex people in the Territory for mutual and other recognition of a person's sex by and among States, Territories, and the Commonwealth.
The report makes thirty-five recommendations, focusing on the review of legislation and information registration to promote enhanced recognition and access to services for all people in the ACT. The Council recommends standardising the use of terminology to more accurately reflect sex and gender diversity, and investment in education and training to support a broader program of social inclusion for the sex and gender diverse community.
A copy of the Government response, the Council’s report, together with information about the inquiry, and copies of the issues paper, submissions and other useful documents are here.
The provision of sentences by ACT Courts attracts robust comment and debate within the community. In 2010, the issue of suspended sentences of imprisonment was referred to the ACT Law Reform Advisory Council for consideration following the publication of ABS criminal courts statistics for 2007-2008 that showed that of the defendants proved guilty in the ACT Supreme Court, 43.7% were given suspended sentences of imprisonment.
The LRAC report on suspended sentences of imprisonment was provided to the Attorney-General in November 2010. The report makes five recommendations in relation to data collection and reporting and raises four policy questions for consideration by the Government.
The Government response concludes that suspended sentences of imprisonment be maintained as a sentencing option in the ACT. The response indicates that the Government will consult in order to consider two of the questions posed by the Council. Firstly, it will consult on whether it is necessary to include a statutory presumption to state that where an offender is found by a court to have breached a condition of their good behaviour order, then the suspended sentence of imprisonment should be imposed. Secondly, the Government will consult to determine if an amendment to the term ‘suspended sentence order’ is required to better reflect that it is a suspended sentence of imprisonment order.
LRAC Report on suspended sentences in the ACT October 2010 [PDF 757KB]
LRAC Report on suspended sentences in the ACT October 2010 [Word 563KB]
LRAC Report on suspended sentences in the ACT Government Response September 2011 [PDF 497KB]
This program aimed to encourage members of the public to suggest reforms, to act on suggestions which do not require extensive inquiry, and to ask the Attorney-General for specific references in relation to suitable suggestions.
Under that Program the ALRC conducted four inquiries:
The Committee was established to assist the ACT Government to identify areas in need of reform, to anticipate emerging social and legal issues, and to assess the practical impact of various proposals and laws on the people of the ACT.
The Community Law Reform Committee, later re-named the ACT Law Reform Commission, conducted 20 inquiries on the following topics:
Access to all reports is availble from the Australasian Legal Information Institute website.
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