1. BA (Hons) LLB (Hons) (Syd), Legal Officer, Australian Law Reform Commission. I acknowledge the assistance of Natalie Gouda and Andrew Haesler (both of the NSW Attorney-General's Department, Criminal Law Review Division), Gaby Carney (Australian Law Reform Commission), Associate Professor Chris Cunneen (Faculty of Law, University of Sydney) and the two anonymous referees. Mistakes and opinions are mine alone; comments are welcome: <>.