Law Reform Agencies and Government-Independence, Survival and Effective Law Reform

• Author: Rosalind Croucher AM
• Position: President of the Australian Human Rights Commission. Until July 2017 President, Australian Law Reform Commission
• Pages: 78-91

78

LAW REFORM AGENCIES AND

GOVERNMENT—INDEPENDENCE,

SURVIVAL AND

EFFECTIVE LAW REFORM?

EMERITUS PROFESSOR ROSALIND CROUCHER AM*1

This article examines the meaning of ‘independence’ in the context of law reform agencies funded

by government. It explores the idea of independence expressed as a way of doing law reform—

through independence of mind—and what this means in practice for the conduct of law reform

inquiries, regardless of the particular structure of the law reform agency. Using this lens of

independence, the article considers the relationship of law reform agencies with the executive and

with government and reects upon the issues of survival and effectiveness

I INTRODUCTION

The focus of this article is on the relationship between law reform agencies

and the executive and legislature. The key question is about the meaning of

‘independence’ in the context of agencies funded by government. It is much

heralded, but what does it mean?

The key message I wish to convey is that the essence of effective law reform is

independence and that this is not about how law reform agencies are structured—

and there are many differences amongst law reform agencies across the

common law world of the Commonwealth—but how we go about our work. It

is about intellectual independence; and it is this that makes our work of value

to government, and governments across the Commonwealth. This is our shared

mission and responsibility and is the raison d’être of our continued relevance.

II LAW REFORM STRUCTURES AND INDEPENDENCE

In terms of structure, we are not all the same. I recall a paper at the Australasian

Law Reform Agencies Conference (ALRAC) in 2016, which was making

comparisons between ‘Rolls Royce’ and ‘T-model Ford’ models of law reform

agency or, for those of us who are not so familiar with the relative merits of

automobiles, an expensive but quality model as opposed to a cheaper one, but that

still gets you to your destination. I’m not sure this is a useful analogy. The reality

* President of the Australian Human Rights Commission. Until July 2017 President,

Australian Law Reform Commission. This article began as an invited presentation to

the meeting of the Commonwealth Association of Law Reform Agencies, Melbourne,

25 March 2017. The views expressed are based on my experience in the Australian Law

Reform Commission since my appointment on 6 February 2007.