Australian Law Reform Commission
This information was retrieved from the Australian Law Reform Commission Website [CAALRC-1].
The Australian Law Reform Commission is a federal agency operating under the Australian Law Reform Commission Act 1996 (Cth) [PDF].
The ALRC conducts inquiries - also known as references - into areas of law at the request of the Attorney-General of Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC's recommendations do not automatically become law, however over 85 per cent of the ALRC's reports have been either substantially or partially implemented - making it one of the most effective and influential agents for legal reform in Australia.
The ALRC is part of the Attorney-General's portfolio, however it is independent of government and is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour.
The ALRC's objective is to make recommendations for law reform that:
When conducting an inquiry, the ALRC also monitors overseas legal systems to ensure Australia compares favourably with international best practice.
The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with the International Covenant on Civil and Political Rights.
The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice.
The ALRC does not offer legal advice or handle complaints. It cannot intervene in individual cases and does not act as a 'watch-dog' for the legal system or the legal profession.
The Australian Law Reform Commission is a federal agency operating under the Australian Law Reform Commission Act 1996 (Cth) [PDF].
The ALRC conducts inquiries - also known as references - into areas of law at the request of the Attorney-General of Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC's recommendations do not automatically become law, however over 85 per cent of the ALRC's reports have been either substantially or partially implemented - making it one of the most effective and influential agents for legal reform in Australia.
The ALRC is part of the Attorney-General's portfolio, however it is independent of government and is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour.
The ALRC's objective is to make recommendations for law reform that:
- bring the law into line with current conditions and needs
- remove defects in the law
- simplify the law
- adopt new or more effective methods for administering the law and dispensing justice, and
- provide improved access to justice.
When conducting an inquiry, the ALRC also monitors overseas legal systems to ensure Australia compares favourably with international best practice.
The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with the International Covenant on Civil and Political Rights.
The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice.
The ALRC does not offer legal advice or handle complaints. It cannot intervene in individual cases and does not act as a 'watch-dog' for the legal system or the legal profession.
A Summary Of The New National Classification Scheme Proposed
A report from the Australian Law Reform Commission Website tells us more about the problems with the current National Classification Scheme and that what needs reviewing.
Background
In the New National Classification Scheme report proposed by the Australian Law Reform Commission (ALRC), they 'recommended a legislative framework that would enable the Commonwealth, states and territories to take a national approach to classification' (Classification - Content Regulation and Convergent Media (ALRC Report 118)) [CAALRC-2]. Their report states that, the current National Classification Scheme needs reviewing as it was developed in an era where media convergence was not so prevalent and that the Internet was hardly used.
'The major principles that have informed media classification in Australia—such as adults being free to make their own informed media choices and children being protected from material that may cause harm—continue to be relevant and important. While a convergent media environment presents major new challenges, there continues to be a community expectation that certain media content will be accompanied by classification information based on decisions that reflect community standards' (Classification - Content Regulation and Convergent Media (ALRC Report 118), Executive Summary, Background) [CAALRC-2].
Issues
As mentioned in the report, the current classification scheme does not deal adequately with new challenges created by media convergence and the amount of information available to Australians over the internet.
'Among the problems identified were:
Proposed Solution
'To deal adequately with new challenges created by media convergence, the ALRC propose:
Background
In the New National Classification Scheme report proposed by the Australian Law Reform Commission (ALRC), they 'recommended a legislative framework that would enable the Commonwealth, states and territories to take a national approach to classification' (Classification - Content Regulation and Convergent Media (ALRC Report 118)) [CAALRC-2]. Their report states that, the current National Classification Scheme needs reviewing as it was developed in an era where media convergence was not so prevalent and that the Internet was hardly used.
'The major principles that have informed media classification in Australia—such as adults being free to make their own informed media choices and children being protected from material that may cause harm—continue to be relevant and important. While a convergent media environment presents major new challenges, there continues to be a community expectation that certain media content will be accompanied by classification information based on decisions that reflect community standards' (Classification - Content Regulation and Convergent Media (ALRC Report 118), Executive Summary, Background) [CAALRC-2].
Issues
As mentioned in the report, the current classification scheme does not deal adequately with new challenges created by media convergence and the amount of information available to Australians over the internet.
'Among the problems identified were:
- Inadequate regulatory response to changes in technology and community expectations;
- Lack of clarity about whether films and computer games distributed online must be classified;
- ‘Double handling’ of media content, with films and television programs being classified twice for different formats (eg, 2D and 3D) and different platforms (eg, broadcast television and DVD);
- Concerns that the scope of the RC category is too broad and that too much content is prohibited online, including some content that may not be prohibited in other formats, such as magazines;
- Inconsistent state and territory laws concerning restrictions and prohibitions on the sale of certain media content, such as sexually explicit films and magazines;
- Low compliance with classification laws in some industries, particularly the adult industry, and correspondingly low enforcement; and
- The need to clarify the responsibilities of the Classification Board and the Australian Communications and Media Authority (the ACMA) and other Australian Government agencies and departments involved with classification and media content regulation' (Classification - Content Regulation and Convergent Media (ALRC Report 118), Executive Summary, Problems with the current framework) [CAALRC-2].
Proposed Solution
'To deal adequately with new challenges created by media convergence, the ALRC propose:
- Platform-neutral regulation - creating one legislative regime establishing obligations to classify or restrict access to content across media platforms.
- Clear scope of what must be classified - that is feature films, television programs and certain computer games that are both made and distributed on a commercial basis and have a significant Australian audience.
- A shift in regulatory focus to restricting access to adult content - imposing new obligations on content providers to take reasonable steps to restrict access to adult content and to promote cyber-safety.
- Co-regulation and industry classification- more industry classification of content and industry development of classification codes, subject to regulatory oversight.
- Classification Board benchmarking and community standards - a clear role for the Classification Board in making independent classification decisions using classification categories and criteria that reflect community standards.
- An Australian Government Scheme - replacing the current classification cooperative scheme with enforcement of classification laws under Commonwealth law.
- A single regulator - with primary responsibility for regulating the new scheme' (Classification - Content Regulation and Convergent Media (ALRC Report 118), Executive Summary, Key Features) [CAALRC-2].
