Recent publications by law reform bodies worldwide

• Author: Ingrid Cunningham
• Position: B.A., M.A., LL.B., Research Assistant, Faculty of Law, NUI Galway
• Pages: 239-259

2006] Recent Publications 239

By Law Reform Bodies Worldwide

_____________________________________________________

RECENT PUBLICATIONS

BY LAW REFORM BODIES WORLDWIDE

COMPILED BY INGRID CUNNINGHAM

A. Australia

Review of Sedition Laws

Issues Paper IP 30, March 2006

http://www.austlii.edu.au/au/other/alrc/publications/issues/30/

Discussion Paper DP 71 May 2006

http://www.austlii.edu.au/au/other/alrc/publications/dp/71/

The Australian Law Reform Commission (ALRC) has

been asked to examine the offence of sedition as amended by

Federal Parliament in 2005. The attempt to modernise the old

sedition offences in the Crimes Act 1914 was part of the federal

Government’s Anti-Terrorism Act (No 2) 2005, which targets

activity promoting terrorist violence. The sedition provisions were

controversial, with concerns expressed through the media and

identified by a Senate Inquiry that the laws may encroach

unreasonably upon freedom of speech. In December 2005, the

Attorney General foreshadowed an independent review of the new

sedition laws and provided the Australian Law Reform

Commission with formal Terms of Reference for this purpose in

March 2006.

To help clarify the issues under consideration in this

Inquiry, the ALRC has released two consultation papers: an Issues

Paper, Review of Sedition Laws (IP 30) on 20 March 2006, and a

Discussion Paper, Review of Sedition Laws (DP 71) on 29 My

2006.

In releasing the Discussion Paper, the ALRC President

said the proposals aimed to ensure “there is a bright line between

freedom of expression, even when exercised in a confronting or

unpopular manner, and the reach of the criminal law.”

 B.A., M.A., LL.B., Research Assistant, Faculty of Law, NUI Galway.

Judicial Studies Institute Journal [6:1

240

The discussion paper contains 25 proposals for reform, including

the proposal for the removal of the term “sedition” from the

federal statute book, because, given its history, the term “sedition”

is much too closely associated in the public mind with punishment

of those who criticize the established order. The ALRC

recommends the redrafting of offences urging others to use force

or violence to overthrow the Constitution or governmental

authority, to interfere in free elections or to target particular

groups within the community. In so doing, the ALRC wants to

shift the focus away from “mere criticism” and to make clear that

the Crown must prove beyond reasonable doubt that the person

intentionally urged others to use force or violence and intended

that this force or violence would occur.

The Commission also recommends that amendments be

made to offences related to “assisting” an enemy at war with

Australia or engaged in armed hostilities against the Australian

Defence Forces and to clarify that this refers to material

assistance, such as arms, funds, personnel or strategic information,

rather than criticism of government policy.

The Commission proposes that, in applying the law to a

particular case, a jury must take into account the context in which

the conduct occurred, such as whether it was part of an artistic

performance or exhibition, or a genuine academic, artistic or

scientific discussion or an industrial dispute or in a news report or

commentary about a matter of public interest. Other key proposals

for reform include repealing the outdated provision in the Crimes

Act 1914, concerning “unlawful associations,” which has

effectively been superseded by more recent laws on terrorist

organisations and ruling out the need to introduce a UK-style

offence of “glorification of terrorism.”

The closing date for submissions on the Discussion Paper is 3 July

2006.

Review of the Privacy Act 1988

Inquiry

http://www.alrc.gov.au/inquiries/current/privacy/about.html

On 31 January 2006, The Attorney General asked the

Australian Law Reform Commission (ALRC) to make an inquiry