9
modernising and consolidating the law and finding more effective methods for the
administration of law,14 so as to improve access to justice.15
Law reform bodies have often been requested to consider ways of making the law
more accessible. The terms of reference given in 1989 by the then Attorney-General,
Michael Lavarch MP, for the ALRC reference on the adversarial system of litigation
commenced with the words: having regard to the need for a simpler, cheaper and
more accessible legal system.16 Similarly, when launching the ALRCs report on
Managing Justice A Review of the Federal Civil Justice System, the then
Attorney-General Daryl Williams referred to the goal of an accessible legal system
and the wide-ranging consultation of the Commission with the broader community
and all relevant courts and interest groups.17 Law reform bodies themselves often
identify increased accessibility as one of the fundamentals goals of their work: the
mission statement on the home page of the Law Commission for England and Wales
says that, the role of the Law Commission contributes to the aim of the Department
of Constitutional Affairs to build fair, effective and accessible justice services and to
modernise the law and constitution.18
The further elaboration of this process which is my main subject today: the need to
involve the wider public in the debate about law reform itself, is somewhat less
frequently referred to. A notable exception is the home page of the Law Commission
of Canada, which urges both the desirability of the law being more accessible as well
as a hoped-for accessibility of Law Reform Commissions. It states:
The law affects every member of our society, so we all have an
interest in ensuring that it is relevant, responsive, effective, accessible
and just. Your participation in the Law Commissions work, and in
the ongoing renewal of our legal system, is essential. Get involved
and make a difference!
14
Law Reform Commission Act 1972 (WA) s 11(4).
15
Australian Law Reform Commission Act 1996 (Cth) s 21(1)(a)(v).
16
www.austlii.edu.au/au/other/alrc/publications/reports/89/tor.html visited 31/03/04.
17
Attorney-General, Launch of the Australian Law Reform Commission Report 17 February 2000
http://www.nationalsecurity.gov.au/www/attorneygeneralHome.nsf/0/EB9C32106FAC36C9CA25
6B5F00182C76?OpenDocument visited 31/03/04
18
www.lawcom.gov.uk visited 31/03/04.