Terms of Reference

Recognising that because of the increasing volume and complexity of demands on the State's judicial system and, in particular, recent increases in the time and resources consumed by the litigation process —

• the laws, procedures and practices relating to criminal trials and civil litigation ought to be examined; and
• the standards of and requirements for a fair and equitable judicial system (including trials and related court proceedings) must be maintained

The Western Australian Law Reform Commission is to —

1. examine and report on the criminal and civil justice systems in Western Australia including the role of the legal profession and other dispute resolution professionals and other mechanisms for the resolution of disputes;
2. seek to identify the reasons for and processes by which the increase on the demands upon resources comes about; and
3. make recommendations as to what changes are necessary or desirable to provide
   • a more accessible legal system;
   • a less complex and more simplified criminal and civil justice system;
   • more efficient and cost-effective methods for resolving civil and criminal cases;
   • prompt and inexpensive dispute resolution;
   • reductions in the cost of litigation; and
   • for the removal of unnecessary delay in and abuse of the legal system.

And for the purpose of so doing in relation to the WA criminal justice system, the Commission's inquiry is to include—

• the means of instituting criminal proceedings;
• preliminary hearings, pre-trial procedures and conferences and criminal discovery;
• the law, rules and practice governing the procedure in criminal cases and trials whether dealt with summarily or on indictment;
• appellate court processes;
• the desirability and feasibility of codifying the law and practice relating to criminal procedure;
• the rights of suspects and the powers of police and other investigators in relation to suspects;
• the law of evidence and the onus of proof;
• the taking of evidence via video link arrangements.

And for the purpose of so doing in relation to the WA civil justice system, the Commission's inquiry is to include —

• the use of court-based or community alternative dispute resolution schemes;
• alternative forums for adjudication;
• the means of commencing civil proceedings;
• pre-trial conferences, case management and other means of supervising the progress of proceedings and the making of interlocutory orders;
• means of curtailing irrelevant or unduly protracted cross-examination and testimony;
• the advantages and disadvantages of the present adversarial system of conducting civil proceedings;
• the means of gathering, testing and examining evidence;
• appeals in civil proceedings;
• the desirability and feasibility of codifying the law and practice relating to civil procedure;
• the law of evidence and the onus of proof; and
• the taking of evidence on commission and via video link arrangements.

In carrying out this reference, the Commission is to have regard to the work being undertaken by the Australian Law Reform Commission in its project Review of the adversarial system of litigation.