The NSW government was clearly aware of these problems, given that they were noted by almost every major criminal law stakeholder, from the NSWLRC
to the Bar Association, in their strong opposition to the reform.
26) The NSWLRC in a recent discussion paper assumes for the purposes of property division that, "the roles of the partners in a lesbian family are likely to be similar to those usually apparent in heterosexual relationships.
158) See NSWLRC, Review of the Property (Relationships) Act 1984 (NSW), Discussion Paper 44, April 2002; Victorian Law Reform Commission, Assisted Reproduction and Adoption Terms of Reference: http://www.
85) The NSWLRC found that 'the fit between cognitive impairments
88) To remedy this, the NSWLRC recommended revising the
25) See, eg, Social Inclusion Board, 'Strong Voices: A Blueprint to Enhance Life and Claim the Rights of People with Disability in South Australia (2012-2020)' (Report, Government of South Australia, 2011) 54 (recommendation 19); Australian Law Reform Commission ('ALRC') and NSWLRC, Family Violence--A National Legal Response, ALRC Report No 114, NSWLRC Report No 128 (2010) vol 2, 1232 [26.
28) ALRC and NSWLRC, Family Violence Report, above n 25, vol 2, 1311 [28.
The NSW and Tasmanian provisions require that the woman's act be 'wilful', (42) but the NSWLRC
has observed that the NSW provision 'is silent on the question of whether that act or omission must amount to an intention to kill'.
Because of the arbitrary nature of the striking similarities approach, it is recommended that ss 97 and 98 be amended to reflect (i) the literature on CSO behaviour reviewed in this article; (ii) the interpretation given to s 97 by Campbell JA in R v Ford; (282) and (iii) the rationale underlying the amendments made to s 98, as expressed by the ALRC, NSWLRC
In their final report on the UEA, the ALRC, NSWLRC
and VLRC stated that there was considerable support for abolishing the Longman warning in its current form, legislating to clarify its operation and to limit 'its application to cases where defence counsel demonstrates that a particular forensic disadvantage has been incurred.
In 2005, the ALRC, NSWLRC
and VLRC agreed that the uniform Evidence Acts (188) should be amended to impose such a duty on judges because of the need to protect witnesses who are vulnerable to improper questioning, as well as the need to ensure that 'the best evidence is received by the court.
The proposal of the NSWLRC
was criticised in the NSW Attorney-General's Working Party's final report on HAD.