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141. The review must also assess the agencys overall performance and make
recommendations for further improvements.
142. In the 1996/97 Review, both the UK Commission and the Lord Chancellors
Department concluded that law reform remains an important activity and that the
UK Commission was the most appropriate way for providing for it
systematically. The result of the Review was an Action Plan, under which the
UK Commission is to introduce two-year rolling programmes and develop its
management of the projects constituting the programme.
New South Wales
143. The New South Wales Law Reform Commission (NSW Commission) was the
first permanent law reform agency established in Australia. It was formally
created by the Law Reform Commission Act 1967. The NSW Commission is
permanent, full time and independent. Section 10 sets out the powers and duties
of the NSW Commission, as follows:
Powers and duties of Commission
10. (1) The Commission, in accordance with any reference to it made by
the Minister:
(a) shall consider the law, enacted or promulgated by the Legislature of
New South Wales or by any person under the authority of that
Legislature, or with a view to, or for the purpose of:
(i) eliminating defects and anachronisms in the law;
(ii) repealing obsolete or unnecessary enactments;
(iii) consolidating, codifying or revising the law;
(iv) simplifying or modernising the law by bring it into accord
with current conditions;
(v) adopting new or more effective methods for the
administration of the law and the dispensation of justice;
(vi) systematically developing and reforming the law;
(b) shall consider proposals relating to matters in respect of which it is
competent for the Legislature of New South Wales or any person
under the authority of that Legislature to enact or promulgate laws;
and
(c) may for the purposes of this section hold and conduct such inquiries as
it thinks fit.
[Emphasis added]
144. It is significant that the NSW Commission is restricted to reporting and making
recommendations about matters on which the Attorney-General, who has
ministerial responsibility for the Commission, has asked for advice. The NSW
Commission may not initiate its own inquiries. The NSW Commission does not