NSWLRCNew South Wales Law Reform Commission
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See NSWLRC, Review of the Property (Relationships) Act 1984 (NSW), Discussion Paper 44, April 2002.
(126) ALRC and NSWLRC, above n 2, 595-6 [13.117]-[13.121].
(24) See generally NSWLRC, Questioning of Complainants Report, above n 11; Victorian Law Reform Commission ('VLRC'), Sexual Offences Final Report, Report No 78 (2004); Robyn Layton, 'Our Best Investment: A State Plan to Protect and Advance the Interests of Children' (Child Protection Review, Government of South Australia, 2003); Queensland Law Reform Commission, The Receipt of Evidence by Queensland Courts: The Evidence of Children, Report No 55 (2000).
There seems to be some confusion about the nature of the legislative provisions on infanticide, with the NSWLRC stating that '[w]hile the offence of infanticide exists elsewhere, NSW is the only jurisdiction where it operates both as an offence and a partial defence to murder'.
To take an approach which requires distinctive patterns of sexual behaviour on the part of the accused narrows the scope of the amendments to s 98, contrary to the intentions of the ALRC, NSWLRC and VLRC when they recommended those amendments.
The Longman warning has attracted a great deal of comment and criticism in recent times, from the New South Wales Court of Criminal Appeal in R v BWT, (117) the New South Wales Standing Committee on Law and Justice, (118) the Tasmania Law Reform Institute ('TLRI'), (119) as well as from the Victorian Law Reform Commission ('VLRC') (120) and the recent joint discussion paper and report by the Australian Law Reform Commission ('ALRC'), the New South Wales Law Reform Commission ('NSWLRC') and the VLRC.
(180) The Australian Law Reform Commission ('ALRC'), NSWLRC and Victorian Law Reform Commission ('VLRC') also recognised that judges have traditionally been reluctant to intervene in relation to cross-examination because of 'concern about jeopardising a fair trial ...
The proposal of the NSWLRC was criticised in the NSW Attorney-General's Working Party's final report on HAD.