44
(iv) The Ontario Law Reform Commission (abolished 1996);
(v) The Law Reform Commission of British Columbia (established
1969, abolished 1997); and
(vi) The Manitoba Law Reform Commission (abolished 1997).
170. Individual reasons for abolishing the Commissions are unclear. The Law
Reform Commission of British Columbia appears to have simply lost
programme funding from the Ministry of Attorney-General, although it is
uncertain why the funding was withdrawn.
171. But it seems that there are two significant factors behind the recent restructuring
and abolition of law reform bodies:
· Cuts in public expenditure resulting in downsizing;
· An increase in the number of alternative public sector policy and law
reform bodies such as Commissions of Inquiry, specialised Select
Committees, and legal sections within established Government
Departments, which are perceived to do the same things that law
commissions do.
172. Mr Peter Hennessy, former Executive Director of the NSW Commission, has
made the following observation in relation to the demise of Australian law
reform commissions:47
I observed that in general terms Law Reform Agencies [in Australia] (at least those
still operating) received less resources now than they did in the 1960s and 1970s
and that in line with major reviews of the public sector in Australia and the
introduction of concepts of corporate planning and programme budgeting, agencies
were forced to focus on providing value for money. This has led to some
rationalisation of research programmes with joint projects being conducted by
several law reform agencies or by law reform agencies and other government
agencies. Many agencies have undergone significant internal restructuring in
recent years. In general terms, however, the nature of the work undertaken by
agencies has not changed significantly although there is, at least in the NSW
experience, a much greater focus on the projects given to agencies being more in
tune with the legislative programme of the Government of the day.
47
The 10th Commonwealth Law Conference (May 1993) in Minutes and Record of
Proceedings of the Sixteenth Australasian Law Reform Agencies Conference (September
1993), 12.