Background
On 28 June 1990 the Standing Committee of Attorneys-General (“SCAG”) placed the question of the development of a national model criminal code for Australian jurisdictions on its agenda. In order to advance the concept, SCAG established a Committee consisting of an officer from each Australian jurisdiction with expertise in criminal law and criminal justice matters. That Committee was originally known as the Criminal Law Officers Committee (CLOC), but, in November 1993, the name was changed to the Model Criminal Code Officers Committee (MCCOC) in order to reflect the principal remit of the Committee directly.
The first formal meeting of the Committee took place in May 1991. In July 1992, the Committee released a discussion draft of the general principles of criminal responsibility. After a great deal of public consultation, the Committee delivered a Final Report to SCAG which was released in December 1992. With the exception of the general principles relating to intoxicated defendants, the recommendations in that Final Report formed the basis for the Commonwealth Criminal Code Bill, 1994, which was passed by the Commonwealth Parliament in March, 1995.
In 1994, both the Commonwealth Government and the State and Territory Premiers’ Leaders Forum endorsed the Model Criminal Code project as one of national significance.
In December 1995 MCCOC released its Final Report titled Theft, Fraud,Bribery and Related Offences. MCCOC has since released discussion papers on Non Fatal Offences Against the Person in August 1996 (report September 1998), Sexual Offences in November 1996 (report, June 1999),Contamination of Goods Offences in May 1997 (report March 1998),Serious Drug Offences in June 1997 (report October 1998), Administration of Justice Offences in July 1997 (report June 1998), Model Domestic Violence Laws in November 1997 (report April 1999), Serious Drug Offences in Commonwealth Jurisdiction in December 1997, Slavery Offences in April 1998 (report November 1998), Fatal Offences in June 1998, Model Forensic Procedures Bill and the Proposed National DNA Database in May 1999 (report February 2000), Damage and Computer Offences in January 2000 (report January 2001), Issue Estoppel, Double Jeopardy and Prosecution Appeals against Acquittals in November 2003 and Credit Card Skimming Offences (report March 2004).