Law Reform

Dr Freckelton QC has had a lengthy engagement with law reform throughout Australia.

Between 1981 and 1986 he was employed at the Australian Law Reform Commission (ALRC) to work on its references on reform of the law of Evidence and Contempt. He also contributed to ALRC’s reference of Aboriginal Customary Law.

Dr Freckelton has also undertaken work for the Law Reform Committee of the Victorian Parliament and for the Western Australian Law Reform Commission. On a number of occasions he has been a consultant to the Victorian Law Reform Commission.

In 2015 Dr Freckelton QC was the Commissioner who ran the reference for the Victorian Law Reform Commission (VLRC) on Medicinal Cannabis which gave rise to the Access to Medicinal Cannabis Bill (Vic).

 

Medicinal Cannabis Law

In 2015 Dr Freckelton QC was the specialist Commissioner who led the VLRC reference on Medicinal Cannabis. The Commission published an Issues Paper:  http://lawreform.vic.gov.au/sites/default/files/VLRC_Cannabis_Issues_Paper_1.pdf

and a Final Report: (http://lawreform.vic.gov.au/sites/default/files/VLRC_Medicinal_Cannabis_Report_web.pdf  which was tabled in Parliament in October 2015.

The Victorian Government announced in October 2015 that it proposed to accept all of the Commission’s recommendations and to implement them in legislative form. The legislation was introduced into the Victorian Parliament: http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/5973532394c874eeca257f150082d37d!OpenDocument

Its second reading speech is to be found at: http://hansard.parliament.vic.gov.au/search/?LDMS=Y&IW_FIELD_ADVANCE_PHRASE=be+now+read+a+second+time&IW_FIELD_IN_SpeechTitle=Access%22to%22+Medicinal+Cannabis+Bill+2015&IW_FIELD_IN_HOUSENAME=ASSEMBLY&IW_FIELD_IN_ACTIVITYTYPE=Second+Reading&IW_FIELD_IN_SittingYear=2015&IW_DATABASE=*

The Access to Medicinal Cannabis Act 2016 (Vic) is now part of the law of Victoria.

 

Evidence Law

Dr Freckelton wrote research papers for the ALRC on Opinion Evidence and Privilege, as well as Alibi Evidence, and contributed generally to the Interim Report (ALRC 26:  http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/lawreform/ALRC/1985/26.html?stem=0&synonyms=0&query=alrc%20evidence

and the Final Report of the ALRC on Evidence (ALRC 38:  http://www.austlii.edu.au/au/other/lawreform/ALRC/1987/38.html

which formed the basis for the Evidence Act 1995 (Cth), the Evidence Act 1995 (NSW), the Evidence Act 2001 (Tas) and the Evidence Act 2008 (Vic) and the Evidence  (National Uniform Legislation)  Act (NT).

Dr Freckelton was an Advisory Committee Member to the  joint review in 2006 of the Uniform Evidence Acts by the ALRC, the NSWLRC and the VLRC  (ALRC 102: https://www.alrc.gov.au/sites/default/files/pdfs/publications/ALRC102.pdf)

 

Contempt of Court

Dr Freckelton QC was a major contributor to the ALRC’s report on Contempt of Court. His principal focus was upon sub judice contempt law.

 

Coronial Law

Dr Freckelton QC was a consultant to the WALRC in its reference on the Review of Coronial Practice in Western Australia (WALRC 100:  http://www.lrc.justice.wa.gov.au/_files/P100-FR.pdf)

He made submissions on behalf of the Victorian Bar to the Law Reform Committee of the Victorian Parliament  for its reference on the Coroners Act 1985: http://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/coroners_act/final_report.pdf

The Committee’s report formed the basis for the Coroners Act 2008 (Vic)

 

DNA Law

Dr Freckelton was commissioned by the Law Reform Committee of the Victorian Parliament to  write an Issues Paper on “DNA Profiling: Collection, Use and Effectiveness:  http://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/forensics/submissions/paper-Freckleton.pdf

 

Mental Impairment

Dr Freckelton was a consultant to the VLRC’s reference on  the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (VLRC 28:  http://www.lawreform.vic.gov.au/sites/default/files/Review_of_the_Crimes_Mental_Impairment_and_Unfitness_to_be_Tried_Act_0.pdf

 

Bail, Summary Offences, Defences to Homicide

Dr Freckelton was a consultant to the VLRC’s references on Bail, Summary Offences, and Defences to Homicide (.

 

Mental Health Law

Dr Freckelton was a member of the Expert Advisory Panel which assisted in the drafting of the Mental Health Act 2014 (Vic).

He has also played an advisory role as counsel in the drafting of the Children, Youth and Families Act

 

Vexatious Litigants

Dr Freckelton undertook research for the Law Reform Committee of the Parliament of Victoria in 2008, reporting on consultation with judicial officers and VCAT members:  http://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/vexatious_litigants/Judicial_Officer_VCAT_Member_report.pdf