Andrew L. Urban
There are approximately 188 employees working at the 10 state and federal organisations working on law reform topics. See if you can find any of these bodies addressing wrongful convictions, wrongdoing by judges or prosecutors or propose reforms to minimise these.
Of course, I applaud the men and women beavering away in these reform-centric organisations but wonder why the avoidance of wrongful convictions appears not to be a vital area worthy (need?) of reform assessment. They need go no further than browse through Wrongful Convictions Report to identify some of the most pressing aspects.
This snapshot shows the range of inquiries being undertaken by the various organisations.
Australian Law Reform Commission (ALRC) – Federal
The ALRC, as the national body, focuses on systemic federal reforms. In 2025, its primary criminal justice inquiry cantered on improving responses to sexual violence.
Victorian Law Reform Commission (VLRC)
The VLRC develops policy on state-specific issues, with recent emphases on procedural fairness and victim protections. No major new criminal inquiries launched in 2025, but implementations from prior work continue.
New South Wales Law Reform Commission (NSWLRC)
The NSWLRC advises on state reforms, with 2025 activities tied to broader consultations on discrimination and sentencing. Site maintenance limited details, but key focuses include hate crimes and sentencing equity.
Queensland Law Reform Commission (QLRC)
The QLRC actively reviews Criminal Code defences, emphasizing equity in domestic violence contexts.
Law Reform Commission of Western Australia (LRCWA)
The LRCWA awaits new references but contributes to ongoing state-wide advocacy. No active criminal inquiries in 2025, though evidence law reforms influence justice processes.
South Australian Law Reform Institute (SALRI)
SALRI, university-based, targets bail and systemic balance.
Tasmania Law Reform Institute (TLRI)
The TLRI focuses on youth justice and inquiry powers.
Australian Capital Territory Law Reform Advisory Council (ACTLRAC)
The ACTLRAC supports parliamentary inquiries on youth accountability. Prioritizes victim-centered, equitable reforms, often addressing over-incarceration of First Nations youth and gender-based violence.
The Law Council of Australia, through its National Criminal Law Committee, advocates for reforms in federal criminal law, national security, and broader justice system improvements. As of October 2025, their current efforts focus on enhancing proportionality in security laws, improving parole processes, addressing youth and Indigenous justice disparities, and ensuring access to justice.
Recent Activity (2025)
National Security and Counter-Terrorism Laws
Submission on Espionage, Foreign Interference, Sabotage, and Theft of Trade Secrets Laws (July 4); Submission on Australian Security Intelligence Organisation Amendment Bill (No 2) (October 20).
Parole System
Pushing for an independent Commonwealth Parole Board to remove political influence from parole decisions, promoting fairness and rehabilitation.
Access to Justice and Legal Aid
2025–26 Pre-Budget Submission (February 7); Call to Parties outlining priorities for legal assistance and First Nations justice reinvestment.
The Australia Bar Association’s Criminal Law Committee evaluates proposed federal criminal legislation and contributes submissions on issues like serious organized crime, counter-terrorism, and national security. However, as of October 2025, publicly available information shows limited specific reform campaigns compared to the Law Council, with advocacy often channelled through joint statements and evaluations rather than standalone policies. Current focus:
- Judicial Independence and Coronial Inquiries: Advocating against government statements that undermine coronial findings, particularly in cases involving deaths in custody or criminal proceedings in the Northern Territory, to protect the integrity of independent investigations. This aligns with broader pushes for respect for judicial processes in criminal justice.
The ABA’s role emphasises reactive submissions to federal bills rather than proactive campaigns, with no major 2025 policy statements identified on child justice, bail, or overincarceration. Their annual conference in August 2025 highlighted constitutional aspects of criminal law, including trial by jury protections.
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Still, over the past five years, some reforms have been put into effect, just not how wrongful convictions might be reduced.
The Federal Government has focused on victim support, reinvestment strategies, and targeted offenses, with several key implementations driven by inquiries like the ALRC’s sexual violence report.
Fox example: Migration Act Amendments (Workplace Exploitation) – Introduced three new criminal offenses prohibiting exploitation based on immigration status, enhancing protections against trafficking and forced labour.
For example: National Justice Reinvestment Program – $69 million over four years to fund up to 30 community-led initiatives aimed at reducing incarceration and reinvesting savings into prevention, particularly for First Nations communities.
For example: Justice Responses to Sexual Violence Implementation – $21.4 million package following ALRC Report 143, including $14.7 million for criminal justice enhancements like specialist courts, victim rights, and alternatives to prosecution to reduce re-traumatization.
NSW has also ‘reformed’ sexual assault victim protections – so now claimants’ testimony in court does not need to be corroborated (see our reports on the Frank Valentine and Noel Greenaway cases where this has led to wrongful convictions).
Victoria’s Justice Legislation Amendment (Sexual Offences) Act adopts affirmative consent model and new image-based abuse offenses to support victims (refers eg to intimate, non consensual images).
Queensland and Western Australia reformed Youth Justice Strategies.
Yea, that’s all well and good, but don’t expect all those wrongly convicted – whether in jail or not – and their family and friends, to holler with enthusiasm. It’s a primary goal of the criminal justice system to avoid the searing injustice of a wrongful convictions.
The systemic risk of wrongful conviction demands a systemic solution, such as a CCRC. That is a key piece of criminal justice infrastructure – and it is missing.
Research compiled with the assistance of AI.