How do we undertake an inquiry?

Once the Law Commission has agreed to undertake an inquiry, a study of the area of law is undertaken and its defects identified. An Issues Paper will generally be released seeking comment from stakeholders. Taking into consideration the issues raised during this consultation phase, further investigation will be undertaken into how to overcome the problems identified and into what the most appropriate laws for Vanuatu might be.

A Discussion Paper would then be developed and released setting out in detail the existing laws and problems with those laws, proposing possible solutions and giving arguments for and against those solutions and inviting comments from the public.

The paper is circulated widely to all interested individuals and organisations and to the media. We encourage members of the public to provide responses, including comments on problems we may not have dealt with or the likely effect of something we have proposed.  A report will then be submitted to the Government and released publicly giving our final recommendations and the reasons for making them.

Who decides what inquiries will be undertaken by the Law Commission?

In carrying out its functions the Commission may:
(a) receive and consider any proposals for the reform of the law that may be made or referred to it by any body or person including the Minister for Justice and Community Services;
(b) on its own initiative carry out such studies and research of a legal nature as it may consider necessary for carrying out its functions including research relating to other legal systems; and
(c) make proposals to the Minister for reforms in the law.

The Commission decides using objective criteria whether to undertake a particular inquiry that has been referred to it.