National Harmonisation of Laws Committee

The Standing Committee of Attorneys General (SCAG) has actively sought to achieve uniform or harmonised action within the portfolio responsibilities of its members in order to reduce jurisdictional difference and create national systems. Some of the matters developed by SCAG in recent years include:

  • uniform defamation laws
  • model evidence laws
  • national model laws for the legal profession
  • model provisions for the enforcement of foreign judgments
  • uniform commercial arbitration laws
  • legislation to allow for the interstate recognition of apprehended violence orders
  • model Crown Proceedings legislation
  • referral of corporations power to the Commonwealth (in conjunction with MINCO)

In June 2007, the Law Council established the National Harmonisation of Laws Coordinating Committee (the Committee) in order to address an ongoing trend to harmonise Commonwealth, State and Territory laws. The Committee exists to respond to Government initiatives to harmonise laws and to initiate proposals for harmonisation.

Issues

The Committee is currently examining issues relating to:

  • Law Council responses to Government harmonisation proposals; and
  • Law Council initiatives in relation to harmonisation of legislation concerning: Torrens title; Workers compensation; Stamp duty legislation; Charitable and non-profit organisations; and Family relationships.

Terms of Reference

The role of the Committee is to:

  • monitor proposals by governments to harmonise laws;
  • initiate proposals for harmonisation;
  • co-ordinate activities by the Law Council Board in relation to harmonisation of laws;
  • develop advice or draft policy on harmonisation of laws; and
  • present the advice or policy to the Law Council Board for their approval.

Members

Membership is drawn from the Law Council's constituent bodies and a representative from the Law Council Sections. The current members of the Committee are:

  • Ms Catherine Gale (Chair) - Law Council of Australia Executive Member and Law Institute of Victoria
  • Ms Barbara Bradshaw - Law Society of the Northern Territory
  • Mr Joe Catanzariti - Law Society of NSW
  • Mr Peter Doherty - Bar Association and Law Society of Western Australia
  • Mr Denis Farrar - Family Law Section
  • Ms Kathleen Farrell - Business Law Section
  • Mr Tim Mellor - Law Society of South Australia
  • Dr David Neal SC - Victorian Bar Association
  • Mr Damian Scattini - Legal Practice Section
  • Mr Dudley Stow - Law Society of Western Australia
  • Ms Lorraine Walker - Federal Litigation Section 

Contact

Links

Standing Committee of Attorneys General