8
reports so that practical implementation rather than yet another analysis of the
problem could occur.
If I have, in the above, concentrated on what I see as some perceived inadequacies or
limitations in how law reform itself engages the wider community, I certainly do not
wish to undervalue the efforts that have been made in this regard. Importantly, for
our purposes, Law Reform Commissions have long recognised the need to conduct
both wide and targeted consultation to maximise participation in law reform by
members of the community. This paper will next look at what has been achieved in
that area and consider the prospects for greater community participation in the future.
2. Access to the Law Reform Process
It is trite to observe that the law is one of the main institutions of social organisation
and has a significant impact on many areas of peoples lives. It is necessary to ensure
that the law remains relevant and useful to people, hence both the need to develop and
refine existing law, and to adapt laws for new social, economic, or cultural
circumstances. Hence, the ongoing need for law reform.
Justice Sackville9 has defined law reform to be a process of adapting law to meet
changing social needs10 and we must add to this definition that the aspiration of that
process should be genuine progress and improvement of the law.11 The term reform
does not mean simply change; reform must mean change for the better to use
Justice Kirbys words.12 This is a very broad, and elusive, definition of law reform.
Statutory definitions of law reform are similarly broad.13 Law reform is generally
defined as the systemic development of the law, with a view to simplifying,
9
1981 1984, Chairperson, NSW Law Reform Commission; since 1994, Justice, Federal Court of
Australia.
10
Sackville, Ronald Law Reform Limitations and Possibilities in Legal Change: Essays in
Honour of Julius Stone Sydney, Butterworths: 1983, 223 240 at 224.
11
Ross, Stan The Politics of Law Reform Ringwood, Victoria, Penguin Australia Ltd, 1983 at 5.
12
Kirby, Michael as quoted in Ross, Stan note 11 at 6.
13
Australian Law Reform Commission Act 1996 (Cth) s 1; Law Reform Commission Act 1968 (Qld)
s 10(1); Law Reform Commission Act 1967 (NSW) s 10(1); Law Reform Commission Act 1972
(WA) s 11(4).