Law Reform Commission of Western Australia - Annual Report 2022

Statement of Compliance

• The Law Reform Commission of Western Australia submits its Annual Report for the year ending 30 June 2022, in accordance with section 63 of the Financial Management Act 2006 (WA).
• The report adheres to the provisions of the Financial Management Act 2006 (WA) and Treasurer’s Instruction 903.

About This Report

• Provides an overview of the Law Reform Commission of Western Australia's (the Commission) activities during 2021-22.
• Summarizes the Commission’s activities, operational structure, and performance management framework.
• Details the Commission’s operations, including key performance indicators, in the Agency Performance – Report on Operations section.
• Covers financial statements, governance requirements, and a breakdown of key performance indicators in the Disclosures and Legal Compliance section.
• Outlines the Commission’s current reference in Appendix 1.
• Provides contact details for further information or copies of the Annual Report.

Law Reform Commission of Western Australia – Charter

• Purpose: To formally acknowledge the Commission as an independent statutory authority under the Law Reform Commission Act 1972 (WA) (the Act).
• Independence: While the Commission receives terms of reference and priorities from the Attorney General, it is independent of Government.
• Role: To advise the Government on measures to keep the law up-to-date and relevant to the needs of the people of Western Australia.
• Achieves this by reviewing selected legislation at the request of the Attorney General to identify opportunities for reform.
• Receives references from proposals submitted by the Commission, suggestions from the public, or matters referred by the Attorney General.
• The Attorney General determines the order of priority for references and presents the Commission’s reports to State Parliament.
• Independence Expressed in Law Reform Commission Act 1972 (WA):
  • The Commission must examine critically the law with respect to the matter mentioned in the reference [section 11(3)(a)].
  • The Commission may hold inquiries, inform itself on any matter, and obtain information as to the law and administration of justice of other countries [section 11(6)].
  • The Attorney General must present the Commission's proposals and reports to Parliament as soon as practicable [section 11(7)].
• Commitments to Maintain Independence and Integrity
  • Government:
    • Non-interference in Commission matters, except as a stakeholder.
    • Provision of necessary financial and administrative support.
    • Opportunity for the Commission to participate in discussions related to these matters.
  • Commission and Members:
    • Provision of frank and fearless advice to the Government.
    • Inclusive and fair engagement through communication and consultation with the public and stakeholders.
    • Timely completion of work to ensure efficient and effective service.
    • Independent contribution of part-time members from their substantive positions.
    • Notification of any actual or potential conflicts of interest.
• Public Consultation and Engagement
  • Acknowledges the public's right to be involved in the law reform process and values input from stakeholders.
  • Gives due consideration to all submissions received and acknowledges these in reporting opinions on law reform.
  • Consults with the people of Western Australia in an open and transparent way, using Discussion Papers and allowing reasonable opportunity for submissions.
  • Engages in targeted consultation with stakeholders who have particular interest or expertise.
• Values
  • Integrity: Open, impartial, and ethical research, high standards of professionalism, transparency.
  • Accountability: Responsible and appropriate use of State resources, acting in accordance with legislation, review by external auditors.
• Operational Structure
  • Structured according to the provisions of the Act and engages with consultants for research, writing, and editing.
  • Subject to change as the Act changes.
• Membership
  • May consist of up to five members: two full-time and three part-time, appointed by the Governor of Western Australia.
  • Full-time members: term not exceeding five years, not exceeding eight consecutive years.
  • Part-time members: term not exceeding three years, not exceeding six consecutive years.
  • The Commission elects its Chair from its members for a term not exceeding one year.
• Members' fees
  • Remuneration set by the Governor in Executive Council.
• Contractors
  • The Attorney General may engage contractors at the request of the Commission.
  • Contractors must be engaged by way of fair and transparent procurement practices.
  • The Department of Justice may also engage contractors on behalf of the Commission.

Message from the Chair

• 2021-22 Financial Year Overview:
  • The Commission completed reviews of the Equal Opportunity Act 1984 (WA) (Project 111) and Admissibility of propensity and relationship evidence in Western Australia (Project 112).
  • Received a new reference from the Attorney General to review sexual offences in the Criminal Code Act Compilation Act 1913 (WA) (the Criminal Code) (Project 113).
• Financial Support:
  • Since July 2014, the Department has provided all project management and executive support functions to the Commission from its own resources.
  • Capital, used over the years to cover costs, is now depleted.
  • The Government, through the Department’s Cost and Demand Model (CDM), has provided ongoing funding for the Commission from the 2022-23 to 2025-26 financial years as annual grants.
  • Grateful for financial and administrative support, including a budget allocation within the Department’s budget to remunerate eligible members and conduct projects.
  • Negotiating an updated Memorandum of Understanding with the Department for agreed free services.
• Operational Model:
  • Continues to adopt an outsourcing model for research and writing.
  • Commissioners dedicate time to research, reading, stakeholder submissions, and writing.
• Financial Year Activities:
  • Published a Discussion Paper and Issues Papers on Project 111.
  • Completed a Final Report on Project 111.
  • Engaged Dr. Jamie Walvisch as a project writer for Project 111 and Project 113.
  • Engaged Sam Vandongen SC as a project writer for Project 112.
  • Engaged Lydia Kilcullen from Fred Consulting to facilitate public consultations for Project 111.
  • Published an Issues Paper on Project 112.
  • Completed the Final Report on Project 112.
  • Sought and received preliminary submissions from targeted stakeholders for Project 113.
  • Liaised with national and international law reform bodies on current trends and projects in law reform.
• Completed References:
  • Review of the Equal Opportunity Act 1984 (WA) (Project 111):
    • Instructed by the Attorney General on 28 February 2019 to provide advice and recommendations for amendments to enhance and update the EO Act.
    • Considered legislation in other jurisdictions, relevant Western Australian reviews, Commonwealth reports, and international reports and agreements.
    • Conducted a preliminary review of exceptions to grounds of discrimination, including for religious institutions, with research and writing services by Corrs Chambers Westgarth.
    • Clayton Utz engaged for research and writing services for the remainder of the Terms of Reference, with assistance from Eleni Kannis.
    • Delays occurred due to changes in Commission membership, COVID-19, and developments in Commonwealth discrimination law.
    • Dr. Jamie Walvisch assisted with project finalization, supported by Nikiesha Fairey, Darcie Mather-McCaw, and Kate Dromey.
    • Discussion Paper published on 31 August 2021, followed by a media campaign to encourage submissions.
    • Lydia Kilcullen from Fred Consulting assisted with public consultations due to the overwhelming number of written responses.
    • Received over 1,000 written and oral submissions.
    • Final Report submitted to the Attorney General on 3 May 2022.
  • Review of Admissibility of propensity and relationship evidence in Western Australia (Project 112):
    • Instructed by the Attorney General on 26 August 2021 to provide advice and recommendations on the rules of evidence for the admissibility of propensity and relationship evidence.
    • Required to have regard to section 31A of the Evidence Act 1906 (WA) and the Model Uniform Evidence Bill.
    • Reviewed laws to maintain the integrity of evidence available to courts and the right to a fair trial, in line with the Government’s commitment to a new Evidence Act.
    • Engaged barrister Sam Vandongen SC as project writer.
    • Published an Issues Paper on 23 December 2021 and invited submissions.
    • Received five submissions from key legal stakeholders and conducted an online public consultation on 7 April 2022.
    • Final Report submitted to the Attorney General on 29 April 2022.
• Current References:
  • Sexual offence laws in the Criminal Code (Project 113):
    • Referred by the Attorney General on 1 November 2021, scope narrowed on 4 February 2022 to review sexual offences in the Criminal Code.
    • The Department will undertake a separate review of the criminal justice system's responses to sexual offences concurrently.
    • Commission to review Chapter XXXI and sections 186, 191, and 192 of the Criminal Code, considering contemporary understanding and community expectations.
    • Review will consider affirmative consent, vitiation of consent, special verdicts, and the application of section 24 of the Criminal Code to sexual offences.
    • Engaged Dr. Jamie Walvisch as project writer in May 2022.
    • Contacted targeted stakeholders for preliminary views and accepted late submissions.
    • Planning to engage a project director and research assistant.
    • The Commission is well placed to publish a Discussion Paper and complete the Final Report in 2022-23.
• Community Consultation:
  • Each reference commences with research, culminating in a Discussion Paper or Issues Paper and public consultation.
  • For Project 111, the Commission consulted with stakeholders by requesting preliminary submissions and conducting face-to-face sessions with the Equal Opportunity Commission.
  • Facilitated online and face-to-face meetings and received close to 1,000 written submissions on the Discussion Paper.
  • A similar process was undertaken for Project 112, with less public interest.
  • Project 113 commenced with preliminary submissions from key stakeholder groups, alongside the Commissioner for Victims of Crime’s review of investigative and procedural issues.
• Appreciation:
  • The Commission appreciates the input of interested stakeholders and dedicated experts.
  • Their views and efforts are significant in developing proposals and reports that are comprehensive, accurate, considered, and relevant to the public.
• Final Thanks:
  • The Commission includes Dr. Sarah Murray and Ms. Kirsten Chivers PSM, whose contributions are valued.
  • Thanks to the Director General, Dr. Adam Tomison, and Dominic Fernandes, the Executive Officer, and other Departmental staff for administrative support.
  • Gratitude to the Attorney General, the Hon. John Quigley MLA, for his ongoing support.

Overview of the Law Reform Commission of Western Australia

• Executive Summary
  • The Commission’s role is to keep the law up-to-date and relevant to the needs of Western Australian society.
  • The Commission achieves this by receiving terms of reference and reviewing laws at the request of the Attorney General to identify opportunities for reform.
  • References may result from proposals submitted to the Attorney General by the Commission, suggestions made by the public or areas of potential law reform identified by the Attorney General.
  • The Attorney General determines the order of priority in which the Commission deals with references, and the Attorney General then presents the Commission’s reports to State Parliament as soon as practicable after the Commission completes its work on each reference.
  • The Commission’s output measures the progress of a reference against milestone targets. The extent to which the Commission meets the timeframes set by the Attorney General is therefore considered to be a key performance indicator which measures the extent to which the Commission is performing its functions under the Act.
  • Community Served
    • A critical aspect of law reform is to ensure a thorough and balanced examination of the law and to make meaningful and effective recommendations for change where required. In order to maintain this balanced approach, the people of Western Australia are the Commission’s primary focus.
    • The law reform process includes communication and consultation with the public and the relevant stakeholders concerned with particular projects. Moreover, the Commission’s work is completed in a timely fashion in order to be efficient and effective.
  • Stakeholders
    • The Commission’s stakeholders include those governed by particular laws and those charged with enforcing and administering them. With each reference, the Commission makes an effort to identify stakeholders concerned with, or who have expertise in the specific topic and invites submissions to assist in developing its recommendations. However, the Commission invites and values all submissions from people and organisations who wish to contribute to its work.
  • Performance Highlights
    • Review of the Equal Opportunity Act 1984 (WA) (Project 111)
      • The Commission undertook a review of the EO Act. In undertaking its review, the Commission considered relevant legislation in other jurisdictions, Western Australian reviews including those carried out by the Equal Opportunity Commission of Western Australia, Commonwealth reports and relevant international reports and agreements.
      • The Terms of Reference for this review included consideration of the objects of the EO Act, the grounds of discrimination and the areas of public life to which the EO Act applies, a review of definitions contained in the EO Act and exceptions to grounds of discrimination. The Commission considered whether amendments should be made to the EO Act to include vilification (including racial, religious, sexual orientation, and impairment vilification) as well as the potential for inclusion of a positive duty not to discriminate. The Commission also reviewed the functions and investigative powers of the Equal Opportunity Commission and the role and jurisdiction of the State Administrative Tribunal (SAT) under the EO Act. The EO Act’s interaction with Commonwealth laws, including the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) and other laws relevant to equal opportunity and non-discrimination were considered as part of the review.
      • Under the Terms of Reference, the Commission undertook a public call for submissions and consulted with relevant stakeholders. These stakeholders included but were not limited to; churches, religious schools and institutions, organisations that represent sometimes marginalised groups, including women, Aboriginal peoples, culturally and linguistically diverse people, lesbian, gay, bisexual, transgender, queer and intersex people and people with disabilities. The Commission conducted a number of consultation stages, considering one or several matters contained in the Terms of Reference by inviting preliminary submissions and, following the publication of the Discussion Paper on 31 August 2021, wider public consultation. In accordance with the Terms of Reference, the Commission also considered matters related to the EO Act brought to the attention of the Commission during the research and consultation phases. To assist in the Commission’s review, the call for public submissions in response to the Discussion Paper included a radio interview with the Commission, media statements, Issues Papers relevant to discrete topics published on the Commission’s website and an information video posted online.
      • The Commission submitted the Final Report to the Attorney General on 3 May 2022.
    • Review of Admissibility of propensity and relationship evidence in Western Australia
      • On 26 August 2021, the Attorney General, the Hon John Quigley MLA, instructed the Commission to provide advice and make recommendations for consideration by Government on the rules of evidence that should apply to determine the admissibility of propensity and relationship evidence, and other evidence of discreditable conduct.
      • The Terms of Reference for the project required the Commission have regard to section 31A of the Evidence Act 1906 (WA) and the recently introduced Model Uniform Evidence Bill. In the context of the Government’s commitment to enact a new Evidence Act in line with the Commonwealth’s uniform evidence law, the Terms of Reference required that regarding propensity and relationship evidence and other evidence of discreditable conduct, that the Commission review the relevant laws to maintain the integrity of those types of evidence available to the courts whilst continuing to ensure a fair trial for accused.
      • On 23 December 2021, the Commission published an Issues Paper and subsequently received five submissions from key stakeholders by the closing date of 11 February 2022. The Commission granted late submissions by application although no late submissions were received. A further public consultation was conducted via the online video Zoom platform on 7 April 2022.
      • In accordance with the Terms of Reference, the Final Report was submitted to the Attorney General on 29 April 2022.
• Other Ongoing References
  • Sexual offence laws in the Criminal Code (Project 113)
    • On 1 November 2021, a new matter was referred to the Commission relating to sexual offences. On 4 February 2022, the Attorney General provided Terms of Reference to require the Commission provide advice and make recommendations for consideration by Government as to whether there should be any reform, and if so, the extent of any reform, to sexual offences contained in the Criminal Code. Broader matters falling within the scope of sexual offence laws will be concurrently reviewed by the Department as part of a separate review.
    • The Terms of Reference for the project require the Commission to review Chapter XXXI and sections 186, 191 and 192 of the Criminal Code having regard to contemporary understanding of, and community expectations relating to, sexual offences. In carrying out the review, the Commission will consider whether the concept of affirmative consent should be reflected in the legislation, how consent may be vitiated (including through coercion, fraud or deception) and whether special verdicts should be used. Additionally, the Commission will review whether section 24 of the Criminal Code (dealing with mistake of fact) applies to sexual offences in Western Australia.
    • After Dr Jamie Walvisch’s work on Project 111 concluded in April 2022 he commenced work on Project 113. The Commission contacted targeted stakeholders in early April 2022 to ascertain preliminary views in advance of circulating a Discussion Paper. The final date for preliminary submissions concluded on 3 June 2022. In June 2022, the Commission took steps to engage a project director and research assistant for the reference. The work on the reference is ongoing and the Commission is well placed to publish a Discussion Paper and complete the Final Report in 2022-23.
• Technological and Administrative Changes
  • To facilitate the citation and reference to the Commission’s considerable body of work, all publications are available in electronic format as a PDF document on the Commission’s website.
  • The Commission’s Final Reports are not able to be published on the website until they have been tabled in Parliament by the Attorney General.
  • Effective law reform requires active public participation. To achieve this, the Commission seeks to inform and engage members of the general public in the law reform process through various mediums, including online. During the 2021-2022 financial period, the Commission’s website had 104,874 unique page views. The Commission’s reference on Project 111 and Aboriginal Customary Laws (Project 94) were the most accessed pages on the site during this period. That Project 94 remains one of the most accessed pages, despite being finalised many years ago, is a worthy example of the value of reports from Commissions such as ours, which highlight to Government and the public, areas in which valued law reform might be undertaken.
  • Through the 2021 upgrade to its website, the Commission seeks to ensure it delivers high quality, useful, usable and accessible online information to all users, including people with disabilities, who may use assistive technologies. The Commission’s website aims to meet the Western Australian Government’s web accessibility requirements, including meeting the World Wide Web Consortium’s Web Content Accessibility Guidelines version 2.1 (WCAG 2.1) at level A.
  • During the 2021-22 financial year, the Commission processed 1,888 letters, emails and telephone calls from members of the public. The majority of public contacts related to the Equal Opportunity reference, despite the fact that public submissions had not yet been invited. Very few contacts related to the Fatal Accidents reference, reflecting the completion of that reference early in the financial year.
• All projects remain of vital importance to the Commission’s mandate to advise government on keeping the laws of Western Australia up to date and relevant to the needs of society.
• Through an ongoing arrangement, the Commission’s administrative duties, executive support and project management functions continued to be provided by the Department.
• Financial Forecasts
  • The Department provided executive support and project management to the Commission free of charge pursuant to a memorandum of understanding, which is reviewed annually. The cost of the services were accommodated within the Department’s budget. From the 2022-23 financial year a new funding mechanism will be in place whereby the Department will receive funding for the Commission from Government. That funding will be paid by the Department to the Commission by way of annual grants. The Department will continue to provide some services to the Commission free of charge pursuant to a memorandum of understanding.
• Operational Structure
  • Enabling legislation
    • The Commission was established as a Statutory Authority under the Act on 31 October 1972.
  • Responsible Minister
    • The Hon John Quigley MLA, Attorney General.
  • The Commission reviews areas of the law referred to it by the Attorney General of the day to identify potential opportunities for law reform. References may result from proposals submitted by the Commission, suggestions made by the public or topics of interest to the Attorney General. Section 11 of the Act sets out the functions of the Commission.
  • The Attorney General determines the order of priority in which the Commission deals with references and presents the Commission’s reports to State Parliament as soon as practicable after the Commission completes its work on each reference.
  • Mission
    • The Commission assists in keeping the law up-to-date and relevant to the needs of the Western Australian society by making recommendations for the reform of areas of law referred to it by the Attorney General.
  • Structure and membership of the Commission
    • The Commission may consist of up to five members: two full-time and three part-time, appointed by the Governor of Western Australia.
    • Of the part-time members, the Commission may have one private legal practitioner with no less than eight years’ experience; one member must be engaged in teaching law at a university in Western Australia with a status no less than that of Senior Lecturer; and the third is to be a legal officer of the State Solicitor’s Office with no less than eight years’ experience.
    • Full-time members are to be legal practitioners of at least eight years’ standing, or persons suitable for appointment by reason of their legal qualifications and experience, whether in Western Australia or elsewhere.
  • Chair
    • Under section 5 of the Act, the Commission elects its Chairperson from its members. The Chair may hold office for a term not exceeding one year but shall be eligible for re-election.
    • Hon Lindy Jenkins (BA, LLB (Macquarie)) was Chair during the reporting period. The Hon Ms Jenkins relocated to Western Australia in 1989 and commenced work with the then Crown Solicitor’s Office, now known as the State Solicitor’s Office. While holding various legal positions, including Deputy Crown Counsel, she appeared in all Western Australian courts, the Federal and High Courts and advised many Departments and successive Governments. Commissioner Jenkins previously served with the Commission as a part-time member from the Crown Solicitor’s Office from 1999 to 2001. The Hon Ms Jenkins served as a judge in the District Court of Western Australia from 2001-2004 and in the Supreme Court from 2004-2020. Prior to her retirement from the Supreme Court, the Hon Ms Jenkins was the then longest still serving judge in Western Australia. From March 2021 to March 2022, the Hon Ms Jenkins was appointed by the Governor as a Commissioner to the Perth Casino Royal Commission.
  • Members
    • Ms Kirsten Chivers PSM (LLB (Hons) Murdoch) joined the Commission in November 2019. Ms Chivers holds a Bachelor of Laws with Merit Honours from Murdoch University. She is currently an Acting Deputy State Solicitor at the State Solicitor’s Office, where she has worked since 2002. In that role, Ms Chivers leads the Advice, Policy and Public Law team at the State Solicitor’s Office. She is responsible for the provision of legal advice to the State Government in relation to a broad range of legal and legal policy issues, including legislative reform, administrative law, parliament and parliamentary committees, statutory interpretation, emergency management and the fields of freedom of information, privacy and information sharing. Ms Chivers has also been heavily involved in the State’s COVID-19 response, having managed the legal aspects of that response throughout much of the pandemic.
    • Dr Sarah Murray (BA (Hons), LLB (Hons), PhD (Monash)) joined the Commission as a special member in June 2019 to assist with the review of the EO Act and was subsequently appointed as a Commissioner in August 2019. Dr Murray is a Professor at the University of Western Australia Law School where she has worked as an academic since 2007. Dr Murray is a WA co- convenor of the Electoral Regulation Research Network and the Australian Association of Constitutional Law and is the co-chair of the ICON-S AUS-NZ Chapter. Dr Murray graduated from the University of Western Australia Law School with a Bachelor of Arts (First Class Honours in Anthropology) and a Bachelor of Laws (First Class Honours). Her PhD from Monash University was awarded the 2011 Mollie Holman Doctoral Medal for Law. Dr Murray has published a range of books and articles across a variety of Australian and international journals.
    • Former members of the Commission are listed on the Commission’s website.
  • Members’ Remuneration
    • The remuneration for Commissioners is set by the Western Australian Governor in Executive Council. Section 9 of the Act states that a member “shall be paid such remuneration and allowances as the Governor may from time to time determine”. The State Solicitor’s Office representative receives no additional fee beyond their ordinary salary.
    • There is currently no fee determined for full-time members. Remuneration for full-time members is by agreement between the parties and approved by the Governor in Executive Council.
    • The table outlines the remuneration for Commission members during the reporting period:
      • Hon Lindy Jenkins, Chair (full time), Honorarium, 1 year, $12,636$
      • Ms Kirsten Chivers , Member (part time), None, 1 year, Not applicable
      • Dr Sarah Murray, Member (part time), Honorarium, 1 year, $43,978$
      • Total: $56, 614$
  • Senior Officer
    • During 2021-22, Mr Dominic Fernandes, Director, Legislative Services at the Department served as Executive Officer.
  • Administered legislation
    • Key legislation impacting on the Commission’s activities is listed below. In the performance of its functions, the Commission complies with the following relevant Western Australia Acts:
      • Auditor General Act 2006
      • Disability Services Act 1993
      • Electoral Act 1907
      • Equal Opportunity Act 1984
      • Evidence Act 1906; Acts Amendment (Evidence) Act 2000
      • Freedom of Information Act 1992
      • Industrial Relations Act 1979
      • Interpretation Act 1984
      • Library Board of Western Australia Act 1951
      • Limitation Act 1935
      • Management Act 1981
      • Minimum Conditions of Employment Act 1993
      • Public Interest Disclosure Act 2003
      • Public Sector Management Act 1994
      • Salaries and Allowances Act 1975
      • State Records Act 2000
      • State Records (Consequential Provisions) Act 2000
      • State Superannuation Act 2000
      • State Supply Commission Act 1991
      • Criminal Code 1913
      • Work Health and Safety Act 2020
      • Workers Compensation and Injury Management Act 1981
    • In the financial administration of the Commission, the Commission has complied with the requirements of the Financial Management Act 2006 (WA) and every other relevant written law, and exercised controls that provide reasonable assurance that the receipt and expenditure of monies and the acquisition and disposal of public property and incurring of liabilities have accorded with legislative provisions.
    • At the date of signing, the Commission is not aware of any circumstances that would render the particulars included in this statement misleading or inaccurate.
  • Diversification
    • The Commission engages consultants for research, writing and editing. This permits individuals who would not otherwise have been able to participate in the process of law reform to bring their unique and special skills to the Commission’s law reform activities on less than a full-time basis.
  • Publications
    • Appendix 1 provides the Commission’s current references. Information about available publications can be found on the Commission’s website at www.lrc.justice.wa.gov.au.
  • Legislative change
    • There were no statutory changes or significant judicial decisions affecting the Commission in 2021-22.
  • Meetings of the Commission
    • The Commission held 11 formal Commission meetings during the 2021-22 financial year. In addition, the Commission conducted numerous meetings with various stakeholders and contractors in regard to the references undertaken during the 2021-22 financial year (in addition to a significant number of internal meetings for those references).
• Performance Management Framework
  • Outcome Based Management Framework
    • Government Goal: Outcomes based service delivery – greater focus on achieving results in key service delivery areas for the benefit of all Western Australians.
    • The Law Reform Commission of Western Australia’s desired outcome: The Commission reviews the law as requested by the Attorney General and keeps stakeholders informed through the provision of publications on law reform. This aligns with the State Government’s goal of providing a greater focus on achieving results in key service delivery areas for the benefit of all Western Australians.
  • Changes to Outcome Based Management Framework
    • The Commission’s Outcome Based Management Framework did not change during 2021-22.
  • Shared Responsibilities with other Agencies
    • The Commission did not share any responsibilities with other agencies in 2021-22.

Agency Performance

• Report on Operations
  • Review of the Equal Opportunity Act 1984 (WA)
    • The Commission completed work on this reference to provide advice and make recommendations for consideration by Government on possible amendments to enhance and update the EO Act taking into account Australian and international best practices regarding equality and non-discrimination.
    • The Terms of Reference for this review included consideration of objects of the EO Act, the grounds of discrimination and the areas of public life to which the EO Act applies, a review of definitions contained in the EO Act and exceptions to grounds of discrimination. The Commission considered whether amendments should be made to the EO Act to include vilification (including racial, religious, sexual orientation, and impairment vilification) as well as the potential for inclusion of a positive duty not to discriminate. The Commission also reviewed the functions and investigative powers of the Equal Opportunity Commission and the role and jurisdiction of the State Administrative Tribunal (SAT) under the EO Act. The EO Act’s interaction with Commonwealth laws, including the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) and other laws relevant to equal opportunity and non-discrimination were considered as part of the review.
    • During the reporting period, the Commission engaged external researchers and writers for this reference which added to the body of work already undertaken as a result of tenders reported on in previous Annual Reports. A Discussion Paper was released on 31 August 2021 inviting public submissions.
    • The Commission submitted the Final Report to the Attorney General on 3 May 2022.
  • Admissibility of propensity and relationship evidence in WA
    • This year, the Commission received a new reference on rules of evidence, specifically the admissibility of propensity and relationship evidence, and other evidence of discreditable conduct. Under the Terms of Reference, the Commission was tasked with making recommendations for consideration by Government on whether the law in relation to these types of evidence should be modified in line with Uniform laws in other states of Australia or otherwise amended.
    • The Commission engaged external researchers and writers to assist with this project. An Issues Paper was released on the Commission’s website in December 2021. Following a period of public consultation, the Commission submitted the Final Report to the Attorney General on 29 April 2022.
  • Review of sexual offences
    • The Commission received a second new reference for the 2021-22 year; to provide advice and make recommendations for consideration by Government on sexual offences contained within the Criminal Code.
    • In January 2022, the Commission engaged a project writer for the reference. The Commission contacted targeted stakeholders in early April 2022 to ascertain preliminary views in advance of circulating a Discussion Paper. In June 2022 the Commission took steps to engage a project director and research assistant for the reference.
    • The work on this reference is ongoing and the Commission is well placed to publish a Discussion Paper and complete the Final Report in 2022-23.
• Key Performance Indicators:
  • The community contacts for this financial year were set in Commission Minutes dated 13 September 2021.
  • Community contact was high due to the significant increased community contacts as a result of the public interest in Project 111.
    • Outcome: The law is reviewed as requested by the Attorney General and stakeholders are kept informed.
      • Key Effectiveness Indicator: Progress against target milestone timelines – The extent to which the Commission is meeting the Attorney General’s law reform requests in a timely manner.
      • 2022 Target: 100%
      • 2022 Actual: 100%
    • Service: Publications on law reform.
      • Key Efficiency Indicator: Average cost per publication
        • 2022 Target: $114,950$
        • 2022 Actual: $141,441$
      • Total community contacts
        • 2022 Target: 550
        • 2022 Actual: 1,888
      • Average cost per contact
        • 2022 Target: $33$
        • 2022 Actual: $11.83$
      • Number of publications on law reform
        • 2022 Target: 3
        • 2022 Actual: 3

Significant Issues Impacting the Agency

• **