The terms of reference for the new Law Reform and Sentencing Advisory Council, and steps to recruit members, have been released, bringing the ACT one step closer to the independent expert advisory body, Attorney-General Shane Rattenbury announced today.

The Canberra Liberals, however, criticised the Council’s make-up as “lop-sided”, and deplored delays in its implementation.

Mr Rattenbury announced last year that the council would be established, partly in response to calls for an independent review of sentencing and the judiciary. (Read more.) Canberra Liberals MLA Jeremy Hanson (read more), the Australian Federal Police Association (read more), and bereaved father Tom McLuckie (read more) had complained that too many perpetrators were out on bail, committing violent crimes.

The Council, Mr Rattenbury said last year, would be “an avenue for independent feedback to government on important matters of law reform and sentencing”. It would help the ACT Government keep laws current and relevant, and advise on sentencing, possibly collecting, analysing, and publishing data on sentencing trends and practices. The ACT is the only jurisdiction in Australia without a law reform council.

The merit-based selection of a former member of the judiciary, a senior law academic, an expert in juvenile justice related matters, a victim advocate, and two community members is underway. Public advertisements are calling for expressions of interest from appropriately qualified and representative people.

Mr Rattenbury said today that the make-up of the new Law Reform and Sentencing Advisory Council would be broad and diverse, drawing key people from the justice sector, and representatives of victims of crime, academics, First Nations peoples and the wider community.

“The 13-member Council will play an important role in monitoring the operation of our laws and recommending reforms to ensure that our legislation remains current and is responsive to emerging issues within our community,” Mr Rattenbury said. 

“The Council will prepare advice for the ACT Government on areas of potential law reform and provide expert advice on sentencing matters…

“An important function of the Council will be to help bring together perspectives from across the community, to inform and advise on law reform and sentencing issues. 

“The Council will undertake community and stakeholder consultation, and conduct and publish research, in order to make recommendations on the law reform and sentencing issues referred to it.

“By working collaboratively, the Council will make informed recommendations to the Government for systemic improvements on issues that matter to Canberrans. 

“There have been calls from within the community for law reform and changes to sentencing. This Council will operate independently, to address issues as they arise in a considered and consultative fashion.” 

The Government expects the Council to begin its work this year. 

Canberra Liberals

Canberra Liberals MLA Peter Cain, Shadow Attorney-General, however called the long-awaited Law Reform and Sentencing Advisory Council “lop-sided”, and criticised the extensive time taken to establish the body.

Mr Cain reiterated the Canberra Liberals’ support for the Council, but lamented the proposed membership model and delayed implementation.

“The Canberra Liberals are fully behind the establishment of this Council, but it must be truly representative of the ACT,” he said.

“The Council, in its current proposed make-up, is totally lop-sided, and suffers from a significant lack of community voices.

“There is a clear overrepresentation of government officials, legal professionals, and academics allocated places on the Council, and minimal input from genuine community sources will be possible with only two Council spaces for community members out of a total 13 spaces.

“It is also disappointing that there is just a two-week application period – a particular disadvantage for members of the community wishing to apply.

“This Council must provide the community the opportunity to voice their concerns on sentencing, bail, and the law, as this Labor-Greens government have not been meeting community expectations on law and order.

“I am also disappointed by the Attorney-General’s lethargic uptake of this important body, which was first announced way back in October 2022

“Unfortunately, this Labor-Greens government have failed to properly prioritise the establishment of this Council, which is why it is progressing at a snail’s pace.

“We need strong community voices in addition to professional representatives to help inform law reform and sentencing.”

Further information on the Council, including the terms of reference, can be found on the Justice and Community Safety website.