Law Reform Commission Act 1968

This Act may be cited as the Law Reform Commission Act 1968.

In this Act—chairperson means chairperson of the Commission.Commission means the Law Reform Commission constituted under this Act.deputy chairperson means deputy chairperson of the Commission.member means member of the Commission and includes the chairperson and deputy chairperson.Minister...

A Law Reform Commission shall be constituted in accordance with this Act.

The Commission must consist of at least 3 members, who may be full-time or part-time members.

So long as there are 2 or more members, no act or proceeding of the Commission or of any member shall be vitiated by reason only that, at the time when the act or proceeding was done taken or commenced, there was a vacancy in the office of any member.

Each person appointed to be a member shall—

be a person appearing to the Governor in Council to be suitably qualified by the holding of judicial office or by experience as a barrister or as a solicitor or as a teacher of law in a University; and

be appointed by the Governor in Council by Gazette notice—

in the case of the holder of judicial office—for the term fixed by the Governor in Council; and

in any other case—for a term of not more than 3 years fixed by the Governor in Council.

A member holds office on the terms not provided for by this Act as are determined by the Governor in Council.

A member whose term of office has expired shall be eligible for re-appointment.

A member is to be appointed under this Act, and not under the Public Sector Act 2022.

An officer of the public service who is appointed as a member may hold the appointment in conjunction with the public service office held by the officer.

The Governor in Council may appoint one of the members to be chairperson of the Commission and one of the members to be deputy chairperson of the Commission.

When the holder of a judicial office is appointed to be a member, he or she shall also be appointed chairperson unless some other member is then holding the appointment of chairperson.

The deputy chairperson shall, during the absence, illness or incapacity of the chairperson or during a vacancy in the office of chairperson, have and may exercise the powers, authorities and duties conferred or imposed upon the chairperson by this Act.

The appointment of a holder of a judicial office as a member shall not, nor shall his or her service as a member, affect his or her tenure of that office or his or her rank, title, status, precedence, salary or other rights or privileges as a holder of that office.

A holder of a judicial office may, notwithstanding that he or she is a member, exercise his or her powers as a holder of that office, but while the holder is a member he or she shall not (unless otherwise provided by the instrument of his or her appointment as a member) be required to perform his or her duties as a holder of that office.

Service, as a member, of a holder of a judicial office shall, for all purposes, be taken to be service as a holder of that judicial office.

A member (not being the holder of a judicial office) shall be deemed to have vacated the member’s office as a member if—

the member is removed from office by the Governor in Council—

for misbehaviour; or

for failure to comply with the conditions of the member’s appointment; or

for absence from 3 consecutive meetings of the Commission without reasonable cause being shown to the Governor in Council; or

because the member becomes mentally or physically incapable of performing the duties of office; or

the member becomes bankrupt, compounds with the member’s creditors, or makes any assignment of the member’s salary or allowances or of the member’s estate for their benefit; or

the member is convicted of an indictable offence punishable by imprisonment of at least 1 year; or

the member resigns from office by signed notice of resignation given to the Governor.

A member who is the holder of a judicial office shall cease to hold office as a member if the member ceases to hold judicial office.

The Governor in Council may appoint any person who is eligible for appointment as a member to act temporarily as a member during the absence through illness or other cause of any member or during a vacancy in the office of a member, and a person so appointed shall, while so acting, be deemed to be a member.

For the purpose of its examination of a particular branch of the law, the Commission may—

engage on a temporary basis any person who has technical or specialised knowledge or who is experienced in that particular branch of the law; and

with the approval of the Minister first had and obtained, fix and pay the remuneration and expenses of any such person.

The function of the Commission shall be to take and keep under review all the law applicable to the State with a view to its systematic development and reform, including in particular—

the codification of such law; and

the elimination of anomalies; and

the repeal of obsolete and unnecessary enactments; and

the reduction of the number of separate enactments; and

generally the simplification and modernisation of the law.

To remove any doubt, it is declared that the law applicable to the State includes both substantive law and procedural law, including, for example, court rules.

For the purposes of carrying out its functions, the Commission shall—

receive and consider any proposal for the reform of the law which may be made or referred to it; and

at the request of the Minister, provide assistance to any department or instrumentality of the Government by undertaking the examination of any particular branch of the law and making recommendations for the reform of that branch of the law to bring it into accord with current conditions; and

prepare and submit to the Minister from time to time, or at the request of the Minister at any time, a program for the examination, in order of priority, of different branches of the law for the purposes of reform, consolidation or statute law revision; and

undertake, pursuant to approval by the Minister of any program, and in accordance with the approved order of priority, the examination of particular branches of the law, and the formulation of recommendations for reform, consolidation or statute law revision; and

if asked by the Minister, examine particular branches of the law and make recommendations to the Minister about the reform of the branch of the law, including consolidation of the law or statute law revision;

and may for these purposes hold and conduct such inquiries as it thinks fit, and inform itself on any matter in such manner as it thinks fit.

The Minister may vary—

any program submitted to the Minister by the Commission by adding or deleting or making such alteration to any particular branch or branches of the law as the Minister thinks fit; and

the order of priority on any such program.

For the purpose of assisting the Commission to formulate a program or recommendation the Commission may publish its working and discussion papers and such other papers as it thinks fit and may circulate those papers to such persons as it thinks fit.

Any programs of and recommendations formulated by the Commission and approved by the Governor in Council shall be laid before Parliament.

For the purposes of any inquiry under this Act by the Commission, a member shall have the powers, authorities, protections and immunities, conferred on a commissioner by the Commissions of Inquiry Act 1950, and the chairperson or member presiding shall have the powers and authorities conferred on a chairperson of a commission within the meaning of those Acts.

The provisions of the Commissions of Inquiry Act 1950 shall, with necessary changes, apply to and in respect of any such inquiry and to and in respect of any witness or person summoned by or appearing before the Commission.

The Commission shall meet from time to time at such places and times as the chairperson directs.

The quorum for a meeting shall be 2 members.

A question arising at a meeting of the Commission shall be decided by a majority of the votes of members present at the meeting and voting.

The chairperson shall preside at all meetings at which the chairperson is present.

In the event of the absence of the chairperson from a meeting, the deputy chairperson shall preside at that meeting.

In the absence of the chairperson and deputy chairperson from a meeting, the members present shall choose one member to preside.

At a meeting, the chairperson or other member who presides shall have a deliberative vote and, in the event of votes being equal, shall have a casting vote.

The Commission may regulate and conduct the proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.

Subject to this Act, the Commission may delegate any of its powers and authorities to any member.