Criminal

Law

Criminal Law 

The Criminal Law Committee monitors all matters related to criminal law, represents the Law Society and its members on policy and practice issues arising from it, and upholds the rule of law having regard to:

  • The interests of people charged with criminal offences
  • The rights of people in custody
  • The interests of intellectually disabled, mentally ill and other cognitively impaired people as they are affected by the criminal law
  • The rights of Aboriginal and Torres Strait Islander Peoples

Our priorities include:

  • Developing and commenting on law reform and legal policy proposals (including preparing submissions, and liaising with government and other stakeholders in this process)
  • Educating the legal profession about changes to the law, and providing guidance on practice and other issues
  • Exchanging information about issues arising in legal practice (such as recent case law) that may indicate a legal policy issue or concern

Learn more about committees
Current committee members
How to join a committee

Appointed Lawyer Scheme under the Australian Security Intelligence Organisation Act 1979

The Department of Home Affairs is seeking expressions of interest from suitable criminal defence lawyers willing to represent subjects under the appointed lawyer provisions set out in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979. Please review the EOI form and privacy notice for further information.

Recent policy submissions

Letter to NSW Ombudsman - Operation of the Mandatory Disease Testing Act 2021 - 30 October 2023

Letter to Law Council of Australia – Review of Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 – 10 July 2023

Letter to NSW Attorney General - Criminal Legislation Amendment (Knife Crimes) Bill 2023 - 23 June 2023

Letter to the University of Sydney Law School - Criminal Cases Review Commission - 19 June 2023

Letter to Law Council of Australia - 2023 Workplace Reform Consultations - 15 May 2023

Letter to Law Council of Australia - Developing legal services for victims and survivors of sexual assault - 26 April 2023

Letter to Law Council of Australia - Privacy Act Review Report - 20 March 2023

Letter to NSW Sentencing Council - Review of sentencing law for firearms knives and other weapons offences - 1 March 2023

Letter to Law Council of Australia - Current and Proposed Sexual Consent Laws in Australia - 16 February 2023

Letter to NSW Law Reform Commission - Review of serious road crime - 15 February 2023

Letter to Law Council of Australia - Access to offenders’ superannuation for victims and survivors of sexual abuse - 10 February 2023

Letter to NSW Sentencing Council - Fraud consultation paper - 15 November 2022

Letter to Law Council of Australia - National Principles to address Coercive Control - 28 October 2022

Letter to NSW Attorney General - Prosecutorial Disclosure in Criminal Cases in New South Wales - 14 October 2022

Letter to Minister for Corrections - Crimes (Administration of Sentences) Amendment (No Body No Parole) Bill 2022 - 5 October 2022

Letter to NSW Law Reform Commission - Bail - Show cause offences and the unacceptable risk test - 23 September 2022

Letter to Department of Communities and Justice - Statutory review of the Terrorism (Police Powers) Act 2002 - 19 September 2022

Letter to Department of Communities and Justice – Exposure draft Crimes Legislation Amendment (Coercive Control) Bill – 29 August 2022

Letter to the Chief Magistrate - Chief Magistrate’s Memorandum No. 28 – COVID-19 - 29 July 2022

Letter to the Department of Communities and Justice – Statutory review of the Evidence Amendment (Tendency and Coincidence) Act 2020 – 14 July 2022

Letter to Law Council of Australia - Establishment of a federal parole authority - intended policy advocacy project - 18 May 2022

Letter to Department of Communities and Justice - Evaluation of the Walama List pilot - 6 May 2022

Inquiry into the Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2021 - 29 April 2022

Letter to Law Council of Australia - Exposure Draft - Crimes and Other Legislation Amendment (Strengthening the Criminal Justice Response to Sexual Violence and oth

Visit the Criminal Law policy submissions archive

2023 Committee list

Ms Jane Sanders (Chair), Mr Michal Mantaj (Dep Chair), C. Bell, A. Bilias, R. Breckenridge, V. Chan, P. Coady, E. Conditsis, D. Elston, B. Ford, P. Gibson, D. Giddy, R. Hoyles, S. Ienna, L. Kaban, J. Keane, J. King, J. Lewis, R. McCarthy, J. Pheils, S. Rees, J. Sutton, T. Tsavdaridis, R. Tumeth, M. Watts, F. Way, J. Wong.

How to join a committee
Law Society Committees have powers, authorities and tasks delegated by the Council. Consisting of dedicated volunteers, each committee focuses on a particular area of law, pooling together specialist skills and experience in order to scrutinise legislation, court decisions and other government policies.
There are three broad categories of committees:

  • Regulatory committees – perform statutory duties under the Legal Profession Uniform Law (NSW)
  • Liaison committees – linked to other professions or organisations
  • Policy committees

By drawing on the insights of committees, the Law Society can meet its statutory duties and act as a major player in law reform and policy debates.

See the Law Society Committee webpage