11
and tested proposals with interest groups and affected parties.21 All these factors
produce a document that political decisions makers can accept as community tested,
before implementation of the reform proposals.
Law Reform Commissions use a number of methods to ensure that the public are
aware of law reform references and have an opportunity to participate in the decision
making process. These include public consultations, the media (television, print and
radio) and websites. The extent to which such tools are used varies, depending on the
nature of the reference and budget and staff constraints. There will be some
references in which particular interest groups may be easily identifiable, or where
only certain very specific organisations will be interested and affected. In contrast,
there are also references in which the public is extremely interested.
I shall use specific examples from the experience of the Queensland Law Reform
Commission (the QLRC) to illustrate the various means by which law reform can
be made accessible to the public. I do so because it is the Commission of which I am
a member and so it is its work I know best. However, I do not do so with any sense of
complacency, or make any claim that our procedures are necessarily best practice.
However, it is only by examining what we do that we can suggest how it can be done
better.
3.1 Initial Consultation
The QLRC undertakes a two step consultation process. The first step is to publicise
references and begin the research process. Occasionally, even at this preliminary
stage, the QLRC will make a public call for submissions to assist it in the
identification of relevant issues for consideration.22 After the production of a
discussion paper, the QLRC again participates in consultation, this time by doing two
things: making a public call for submissions and conducting consultation meetings,
often with specifically targeted groups or individuals. The procedures are flexible,
depending on the nature of the reference.
21
Kirby Michael The ALRC: A Winning Formula (2003) 82Reform 58 at 60.
22
Queensland Law Reform Commission The Receipt of Evidence by Queensland Courts: The
Evidence of Children Discussion Paper No. 53 (1998) at 2.