Extract – Rule of Law Institute of Australia (RoILA) submission. 27 March 2014.
To: Legal and Constitutional Affairs References Committee.
Second, the current Attorney-General, Senator George Brandis, to his great credit, has asked the Australian Law Reform Commission to conduct a sweeping review of Commonwealth legislation to find provisions that encroach upon "rights, freedoms and privileges". In December 2013 he said:
"I have asked the Commission to identify where traditional rights, freedoms and privileges are unnecessarily comprised within the legal structure of the Commonwealth. Where encroachments exist, the Commission will determine whether they are justified."
The Attorney-General has indicated the Commission should report by 1 December 2014, however it is possible the inquiry may run for much longer. It is clearly a very significant review of the Commonwealth legislation and will focus on the wide discretionary powers of most Commonwealth regulators including the AFP. When the opportunity arises RoLIA will be making significant submissions to the Inquiry and RoLIA has already engaged interns from two Universities to assist us in this process. To the extent it can the Committee and the Senate generally may wish to assist in this inquiry by, among other things, referring to the Commission at the appropriate time any matters it thinks should be brought to its attention.
Food for thought; and perhaps, a gateway for industry. Well done the committee, managing to publish the submissions – seems it can be done. Where there's a will, there's a way.