Motion – Noting the Recent Review Report of the Tasmania Law Reform Institute (TLRI)

Ms Webb to move – That the Legislative Council:

1. Notes the recent review of the Tasmania Law Reform Institute (TLRI) undertaken by an independent Review Panel, and the Review of the Tasmania Law Reform Institute Final Report June 2022, released on 20 July 2022;
2. Welcomes the findings of the independent review, in particular:
   1. its observation that all submissions “strongly supported preserving the Tasmania Law Reform Institute (TLRI) given its current positive impact on the broader Tasmanian community”; and
   2. the Report’s emphasis on the important contribution made by the TLRI to public policy debate in Tasmania.
3. Notes the 20 recommendations made to the TLRI Founding Partners in the review’s Final Report;
4. Further notes the review Final Report’s clear assessment of the urgent need to place the TLRI on a sustainable footing, as the current lack of financial and staffing resources has resulted in work on four references ceasing, “as has all other work such as engaging with law reform bodies in other jurisdictions, contributing to inquiries, commenting on draft legislation and engaging students in law reform projects”;
5. Acknowledges the high regard in which the TLRI is held across the community, fostered by the Institute’s recognised independence, impartiality and institutional integrity, and the need to maintain that current strong public confidence;
6. Notes the current TLRI Founding Partners’ agreement is due for renewal in November 2022;
7. Urges the Tasmanian government to:
8. Prioritise delivering in full, and in good faith, the recommendations of the Review of the TLRI Final Report for which government holds entire or partial responsibility, and encourage its fellow Founding Partners, the University of Tasmania and the Law Society of Tasmania to do likewise; and
9. Commit to ensuring Tasmania’s acclaimed premier law reform agency is sufficiently resourced to place it on a “secure and sustainable footing into the future” as recommended by the 2022 independent Panel’s Review of the Tasmania Law Reform Institute Final Report.

Speech:

Established in 2001 the Tasmanian Law Reform Institute (TLRI) has since acted as the state’s pivotal and premier law reform body.  As such, it provides a vital role across parliament, government, university, the legal profession and the broader community in the provision of expert, independent research, information, advice and insight.

The TLRI was established through an agreement between its three founding partners, the University of Tasmania, the Tasmanian government and the Law Society of Tasmania.  Across the 20 years since its establishment, the valuable contribution that TLRI has made to our state is well recognised with UTAS going so far as to describe it as a ‘jewel in the crown’ of the university.

The recent review, which this motion calls on us to note, was instigated by the Vice‑Chancellor of UTAS and was most welcome and timely – some may even say overdue, especially given the founding agreement which establishes the TLRI is due for renewal this November, barely a month away.

The review panel consisted of legal academics from the University of Adelaide equivalent institution, the South Australian Law Reform Institute, as well as Emeritus Professor and former Governor of Tasmania, Kate Warner.  The final report of the review, released on 20 July this year, contained many insights into the operations of the TLRI and its contribution to public policy development and debate in this state. 

Contributing to this review of the TLRI were written submissions and meetings with a wide range of academics, legal groups, professionals, politicians and other stakeholders.  I was pleased to contribute a submission to the review and I know that other members in this place, such as the member for Hobart and the member for Mersey, also did so.

Importantly, as mentioned in point two of the motion, the review report observed that:

… all submissions strongly supported preserving the Tasmanian Law Reform Institute (TLRI) given its current positive impact on the broader Tasmanian community.

And –

…an emphasis on the important contribution made by the TLRI to public policy debate in Tasmania.

The review report contained 20 recommendations spanning its terms of reference, which highlighted three key areas: the need for revisions to the Founding Agreement; provisions to support the independence and functionality of the TLRI; and the need to appropriately resource and staff the institute.

Mr President, while the significant contribution of the institute was noted by all contributors and by the review panel, the report does paint a bleak picture of its current state, and the urgent need to place the TLRI on a sustainable footing.  The review report noted that:

The lack of resources, financial and staffing, is an existential challenge currently facing the institute.  After operating successfully for two decades, the institute has no Director, no researchers and only an administrative officer in a 0.6 FTE position. 

It also says that:

Work on its four ongoing references has ground to a halt, as has all other work, such as engaging with law reform bodies in other jurisdictions, contributing to inquiries, commenting on draft legislation and engaging students in law reform projects. 

I note the references which had been accepted by the TLRI but are slowed or stalled in their progress include: a Review of the Tasmanian Constitution; Special Witnesses Hearing Scheme Study; a Re-examination of the Case for a Tasmanian Human Rights Act; and a Review of Privacy Laws in Tasmania.  I disclose that I have a personal interest in that last one, as it was a reference from me that instigated it as a project for the institute.  I remain very disappointed that it has been stalled in its progress, due to a lack of staffing and resources in the institute.

Leaving our premier Law Reform Institute floundering, underfunded and under‑resourced, not only poses a threat to the institute’s ability to function writ large, it also creates potential threats to the well-noted independence, impartiality and integrity of the institute.  This is not a risk to be taken lightly.  A number of submissions to the review, including from the TLRI’s board, from Equality Tasmania and also from the member for Hobart, pointed to the risks that are associated with a founding agreement that does not guarantee the institute’s financial independence.  An institute undertaking important and impartial work such as that of the TLRI should not be reliant on consistently writing grant proposals to guarantee its continued undertaking of references.  Nor should there be the potential or guarantees of more or less funding to wield influence over the work of the institute.

In her submission, former TLRI director, Terese Henning, noted the problems that such a reliance on grants created for the institute, stating:

The need to apply for individual grants prevents long term planning and leads to a piecemeal approach to the Institute’s work.  The administration of individual grants consumes time that would be better devoted to the core work of the Institute.

It is of paramount importance that the upcoming renewal of the founding agreement allows the TLRI to adequately function, free from the constraints or influence that insecure funding may have on its work.  This need is reflected in recommendation 19 of the review, which suggests that:

the annual baseline or recurrent funding from the Government be increased to at least $200 000 per annum, to support the Institute’s work program.

As it stands, the Government’s baseline funding provides $50 000 per annum, which the panel noted is ‘quite inadequate to support the Institute’s work’.

The panel further noted:

Had this been indexed to inflation, it would have been $80 016 for the 2021 calendar year, but still grossly inadequate to support the Institute’s operating expenses.

There is little to mistake about the clear messaging being sent here in the report.  At least a fourfold increase in government funding has been indicated as necessary for the institute to undertake its valued role and deliver on its program of work.

The review highlighted what many of us in this place already knew, that the TLRIs held in high regard throughout out state and beyond.  It is seen as making a ‘significant and lasting contribution to the laws of the state’, and ‘facilitating and informed and impartial discussion about the role law can make to improve the lives of all Tasmanians’.

Of particular importance, to all those who made submissions to the review, was the need for the institute to retain its independence, impartiality and institutional integrity, with the Law Society submission stating:

The independence of the TLRI is of the upmost importance.  If it were otherwise, the research and review results of the TLRI may be called into question.

The review noted a consensus that the current Founding Agreement contained insufficient protections of the TLRI’s independence and integrity, and made a number of strong recommendations to assist in rectifying this come November.

As I noted earlier, the TLRI’s founding agreement is due for renewal by 23 November 2022.  I brought this motion for us to discuss today to note the independent review report and its findings and for this Chamber to call upon the Government to commit to delivering in full, and in good faith, the recommendations from the report for which it holds entire or partial responsibility, and to encourage its fellow founding partners – UTAS and the Law Society – to do likewise.

What is of concern to me and others with an interest in this matter, is that we have heard little to nothing from the Government since this review was published, now more than two months ago.  I greatly look forward to hearing any response that the Government may bring to today’s debate which would indicate firm support for the TLRI and full commitment to implementing the recommendations of the review.

Following the release of the review’s final report, I wrote to the Attorney- General and the UTAS Vice Chancellor, regarding the report’s findings and recommendations.  I have yet to hear back from the Attorney-General, while Vice-Chancellor, Rufus Black responded positively, stating in his return correspondence:

The University is absolutely committed to the future of the TLRI and has a significant ongoing interest in its success, with the recruitment process for a new director to commence shortly. 

He further said that:

I look forward to meeting with other founding partners so we can carefully consider the reviews, recommendations, and the next stage of the TLRI’s important work.

I note that earlier this month, UTAS began advertising the director position for the TLRI, a welcome development, given that the institute has had acting directors since the retirement of Terese Henning in December 2019.  Apparently, it has been without even an acting director since Professor Michael Stuckey stepped down at the beginning of May this year.  I trust that progressing the recruitment process is indicative of the Vice-Chancellor’s stated commitment to ensuring the TLRI’s future. 

I hope that UTAS takes a similar stance in delivering on the other recommendations for which it holds responsibility.  I must comment that I am somewhat concerned as to what future plans the UTAS relocation will mean for the TLRI.  To date, the TLRI has been provided with dedicated rooms within the law faculty on the Sandy Bay campus of UTAS.  This allocation of space has provided support for academic and student involvement in the work of the institute. 

My understanding is that as part of the planned relocation of the law faculty to the CBD of Hobart, there is no confirmation that there will be a permanent allocation of office space for the TLRI.  The current founding partners agreement contains an obligation for UTAS to provide office space for the institute, and I believe prompt reassurance is needed that this will be an ongoing obligation for which I hope the state Government will advocate strongly when negotiating the new agreement.

In the executive summary of the report, the panel stated of the review that they hope its recommendations will provide an opportunity to reinvigorate the relationship between the founding partners and place the TLRI on a secure and sustainable footing into the future.  Indeed, I too hope that this review will be foundational in the much-needed reinvigoration of the relationship between the founding partners, assist in the development of a renewed founding agreement, and assist in returning the TLRI to its rightful status as a strong, stable, and functional law reform institute for our state. 

I know other members will be familiar with the significant contributions the institute has made previously to matters of law reform that have eventually made their way to this place.  Members will, I am sure, share my appreciation for the expert independent information research, advice and insight provided by the TLRI on matters of complex reform and policy.  I fervently hope that we will again be able to the look to the institute to play this valuable role in the future once it has been provided with appropriate capacity and support from the three founding partners informed by the recent rigorous review. 

Mr President, I look forward to hearing any contributions other members may make on this motion, and I hope that all members in this place will share with me a similar vision for the future of the TLRI. 

I commend this motion to the members and ask that they support it.

Read Meg’s submission to the TLRI Review.

Read the Review’s Final Report.