3
Vanuatu (1980); Solomon Islands (1994); and Samoa (2002). There is record4 of
existence of the Law Reform Committee of Tonga, but no other information seems
available.
The Law Reform Commissions of Papua New Guinea and Fiji appear to be the only
commission-models that are functioning, although both seem to have experienced periods
of dormancy from time to time. The Solomon Islands Law Reform Commission
was
initially active from 1995 until the departure of its first chairman some years ago.5
Vanuatu does not seem to have taken steps to bring its institution into existence. Samoa,
likewise, has not taken the final steps to formally establish its Law Reform Commission.
Instead, Samoa now finds it necessary, largely because of the costs, to continue to review
the options.
Various modes of contact and cooperation have been worked out on a bilateral basis as
between the law reform authorities in island States and their counterparts in Australia and
New Zealand6. A further opportunity for contact and for the exchange of views is offered
by conferences such as this and through the participation of law reformers from the island
countries in meetings of the respective law reform institutions of Australia and New
Zealand. As between the island States themselves there does not appear to be any
organised arrangement for regular contact among personnel or for the exchange of
information. In view of the significant law reform activities that goes on in the region (as
will be touched on in the course of this paper), the observation to be made is whether
some organised system for the better spread and sharing of information among the law
reform authorities of the Pacific as a region might be in order.
Samoa, a typical example
The conditions of a particular country like Samoa might be looked at to see how a small
island jurisdiction copes with the demands of law reform. In large measure the situation
there would mirror that of several other small countries of the region that do not have
formal law reform institutions.
At the moment, and since the time of modern administration in the country, all law
reform and law revision work is undertaken in and by the Office of the Attorney General
which, in addition to the constitutional responsibilities of the Office, incorporates the
functions that would normally be carried out in other countries by a separate or
independent Solicitor-General, Director of Public Prosecutions and Parliamentary
Counsel.
Samoa is informed of the work and achievements of the law reform agencies elsewhere in
the Pacific, especially in Australia, New Zealand and on occasion make use of this work.
4
Law Reform in the Commonwealth; law reform proposals and their implementation, Issue 2: July 1983,
p.95
5
In a recent radio interview, the President of the Solomon Islands Bar Association (Mr Gabrial Suri) called
for the reactivation of the Law Reform Commission, given its important role in the processes for access and
understanding of the law through proper study and consultation with the community at large.
6
See, for instance, the paper by Justice G N Williams, Queensland Law Reform Commission, on Law
Reform: Cooperation and Coordination, 25 August 1996.