A Critical Review of Australian Law Reform Architecture for Developing National Uniform Legislation: Reinvent, Create, or Strengthen?

ABSTRACT

This article critically examines the institutional architecture for developing national uniform legislation with a focus on the functioning of National Cabinet, the Australian Law Reform Commission, and the Australasian Parliamentary Counsel's Committee. Federalism, which grounds our entire system of government has, for the past century, seen the Commonwealth as the ascendant power. We examine how the COVID-era has, to an extent, interrupted that trajectory. This research finds that Australia's nine jurisdictions would benefit from stronger national approaches, with ad- hoc responses occasionally suiting local vested political interests. Our findings show that the federation's architecture for national uniform legislation can be improved. Further, the significant roles played by the States and Territories during the pandemic should be acknowledged in planning new law reform architecture and in future assessments of when uniform action is required. Not surprisingly, resourcing and co-ordination are highlighted as keys.