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National Competition Policy Review Discussion Paper


Council of Law Reporting Act 1969


3. Overview of the New South Wales Council of Law Reporting Act

The Act was introduced to give statutory recognition to the Council, which had been set up as an administrative body in 1963. The Act provides for the establishment of an eleven member Council, consisting of the Attorney General, the Solicitor General, the President of the Law Society, the President of the Council of the Bar Association, and seven other appointed members. Of the appointed members, five must be barristers appointed on the nomination of the Council of the Bar Association and two must be solicitors appointed by the Council of the Law Society.

Powers of the Council

The principal powers of the Council are contained in s.7 of the Act. Section 7(1) provides as follows:

    The Council may do all or any of the following things that is to say-:
      a) prepare, publish and sell or arrange for the preparation, publication and sale of:
        i) reports of such judicial decisions of any Court or such decisions of any tribunal constituted by or under any Act or of decisions in proceedings whether on appeal therefrom or otherwise as it may consider to be of interest to persons engaged in the administration or practice of law in New South Wales;
        (ii) any summary extract or digest of any such reports;
        (iii) any other legal works relating to such reports; and
      b) all other acts or things incidental to or necessary to be done in connection with the foregoing powers.”

Section 3(1) also provides that, if the Minister gives any direction regarding the exercise and discharge of the Council’s powers, authorities, duties and functions, the Council shall comply with those directions.

Other provisions in the legislation provide for procedures with respect to the meetings of Council. The Act also provides that the Council is to be a body corporate, with the power to enter into contracts and to apply property held by it on trust for the purpose of carrying out or giving effect to all or any of its powers, authorities, duties, and functions.

Financial Accountability of the Council

Originally, section 11 the Act provided that the accounts of the Council were to be audited by the Auditor-General in accordance with his powers under the Audit Act 1902. Section 11 also provided that the Audit Act was to apply to the members of the Council and persons performing services for the Council in the same way as it applied to accounting officers of public departments.

In 1983 the Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 was passed by Parliament. The main purpose of that Act was to repeal the Audit Act 1902, but the legislation also had the effect of repealing s.11 of the Council of Law Reporting Act. No explanation is provided in the Parliamentary debates as to the reason s.11 was repealed.


As a consequence though, the Council has no statutory auditing or accounting responsibilities. As the Council has a small number of transactions each year, the Council does not have its accounts publicly audited. (The Council has been self-funding since 1 July 1994).

The Council is not subject to the provisions of the Annual Reports (Statutory Bodies) Act 1984, but does provide a report to the Attorney each year setting out the activities of the Council for the previous twelve months. The report does not provide information on the financial dealings of the Council.


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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in , or affected by, the laws of New South Wales, Australia only.
most recently updated 22 December 1999