19
reference should be made.34 In Victoria, the Commission is able to make
recommendations for minor legal changes without a reference from the Attorney-
General.35 Where the suggested area is too complex, or requires greater funds and
more widespread consultation, the Attorney-General is briefed and terms of references
are sought. The Programs do not, however, consider suggestions that are too complex
for its resources; that may involve contentious policy issues or may involve areas not
properly the field of law reform; or that are otherwise unsuitable, including for being
within an area of Commonwealth responsibility. Although the QLRC does not have a
formal program for community suggestions for law reform, such suggestions are
nevertheless received and the Commission has the power to request a reference from
the Attorney-General.
Such community-based suggestions for law reform can be a valuable way to identify
areas of injustice. However, there are also some disadvantages to such a system,
beginning with the self-evident fact that such a program has the potential to be a drain
on resources. As well as the cost of the consultation process itself, the Law Reform
Commission may be completely unable either because of budgetary, resources or
jurisdictional concerns to investigate all suggestions, potentially leading to
community feelings that their input has been ignored, that they have wasted their time,
or even that the consultative process has been a smokescreen for a fait accompli.
Secondly, and further, the nature of the power to make suggestions may create an
expectation in members of the public that their particular injustice will be addressed
and redressed. The law reform process is rarely able to solve an individual grievance;
such inquiries are usually referred by the QLRC to relevant government departments
or bodies. This points to the third limitation: law reform proposals deal with systemic
problems; suggestions from the public may involve very individual circumstances,
and these can even be a distraction from rather than an aid to systematic and more
generally-useful law reform.
The Law and Justice Foundation of New South Wales has recently given useful
consideration to the weaknesses and barriers in existing law reform processes which
34
http://www.lawlink.nsw.gov.au/nswlrc.nsf/pages/how2 visited 29/03/2004.
35
Victorian Law Reform Commission Act 2000 (Vic) s 5(1)(b); http://www.lawreform.vic.gov.au
visited 29/03/2004.