Law Reform

Question 1

Define Law Reform

Answer 1

Implementing changes to existing laws with the aim of enhancing justice

Question 2

When Does Law Reform Occur?

Answer 2

o Laws are no longer appropriate for our society they must changed
o New gaps in our laws arise things need to change
o Usually takes a while to occur due to the lengthy process by which laws must go through
- Especially when political parties are disagreeing
- When political members are going against the majority perspective of their electorate
o Often drastic community action needs to occur for law reform to occur

Question 3

What Are Conditions Of Law Reform?

Answer 3

o Changing social values
o New technology
o Failure of existing Laws
o New concepts of justice

Question 4

Define Social Values

Answer 4

The ideals and moral principles that ppl in society hold

Question 5

How Can Changing Social Values Lead To Law Reform?

Answer 5

o When the majority of society holds certain views then this can push for law reform to align with these new values
o As society changes, the challenges for law is for it to continue to reflect and embody society’s morals and values
o It has to reflect the majority of society not all

Question 6

How Can New Technology Lead To Law Reform?

Answer 6

o New technology has led to significant law reform in the last two decades
o New technology impacts law reform in two main ways:
- Development of more sophisticated crime investigation and evidence gathering techniques
-> Meant that new laws had to be enacted to deal with
- Lead to new areas of computer related crimes
-> Hacking
-> Viruses

o New technology may render old laws irrelevant. It is the role of parliament to amend or revoke out of date laws to ensure that our laws continue to serve society
o Although tech can push for law reform, due to the slow nature of reform, by the time it is put in place, tech may have already changed

Question 7

How Can New Concepts of Justice Lead To Law Reform?

Answer 7

When the law isn’t ensuring just outcomes for individuals & society there may need to be law reform

Question 8

How Can Failure of Existing Laws Lead To Law Reform?

Answer 8

o Laws can become obsolete or unnecessary over time
- Most unlikely that many of the laws in use 100 years ago could still operate effectively today
o Obsolete or irrelevant laws can be left in place but simply not enforced

Question 9

Define Agencies of Law Reform

Answer 9

The groups/organisations whose job it is to investigate, report & reach conclusions on whether or not a law needs to be changed and to what extent it needs to be changed

Question 10

List Agencies of Law Reform

Answer 10

o Law reform commissions
o NGO’s
o Media
o Parliamentary committees
o Lobby groups

Question 11

There Are Two Kinds Of Agencies What Are They?

Answer 11

Legal and non-legal measures

Question 12

What Are Legal Measures Of Law Reform?

Answer 12

o Law reform commissions:
- Australian law reform commission
- NSW law reform commissions
o Parliamentary commissions
- Senators only
- House of representative
- Joint committee

Question 13

Outline Law Reform Commissions

Answer 13

o Established by the Federal or individual state governments & located in most states/territories
o Job is to investigate & make reports with recommendations for ways to modernise or simplify the law, or to eliminate issues in the law that already exists
o Also make recommendations on how to change our law and the way it is carried out
o Independent of the parliament

Question 14

What The TWO Law Remform Commissions You Need To Know?

Answer 14

o Australian Law Reform Commission (ALRC) (Federal)
o NSW Law Reform Commission (NSW State)

Question 15

What Act Was The Australian Law Reform Commission (ALRC) (Federal) Established Under?

Answer 15

Established under the Australian Law Reform Commission Act 1996 (Cth)

Question 16

Outline The Role Of The Australian Law Reform Commission (ALRC) (Federal)

Answer 16

Their role/aims:
o Review Federal laws
o Advises the federal govt on how laws can be changed to meet current needs
o Has to ensure that any new laws are consistent with our international obligations (i.e. when we have signed international laws – making sure our domestic laws don’t contradict them)
o Eliminate defects in laws
o Eliminate out-of-date laws
o Simplify the law
o Tries to ensure that state and federal laws align (that they aren’t contradicting each other)
o Use new ways of administering the law

Question 17

Outline The Role Of The NSW Law Reform Commission (NSW State)

Answer 17

Their role/aim:
o Tries to eliminate parts of law that are out of date, unnecessary, too complex, or defective
o Try to change laws so they match/align with federal laws
o They investigate laws, prepare reports on them and make recommendations to the NSW Governor

Question 18

Outline The Role Of Parliamentary Committees

Answer 18

Their role:
o Enquire into and report on matters referred to them by the Senate or House of Representatives, including estimates of expenditure, bills, and the performance of departments allocated to them
o Scrutinise government activity
- E.g. policy and administrative decisions
o Oversee the expenditure of public money

Question 19

Define Hansard

Answer 19

Official script of what is said in parliament

Question 20

List Non-Legal Measures

Answer 20

o The media
o Non-Government Organisations (NGO’s)
o Lobby groups

Question 21

Define Media

Answer 21

The body that reports to the public

Question 22

Why Does The Media Hold Power?

Answer 22

Media hold power as they are always in your face

Question 23

How Can The Media Lead To Law Reform?

Answer 23

Can promote law reform by:
o Reporting the stories of individuals who suffer discrimination
o Persecution or financial loss due to a poorly ineffective law

Question 24

Give An Example Where Media Has Lead To Change

Answer 24

E.g. Transgender student was not allowed to go to catholic schools, the media reported heavily on it and this lead to change

Question 25

Define Non-government Organisations (NGO’s)

Answer 25

Organisations independent of the government

Question 26

List Features Of NGO’s

Answer 26

o Formed by volunteers
o Independent of govt
o Not for private personal gain or profit
o Money generated goes towards the goals of the organisation, though it may also be used to produce information and for expenses such as utilities, publications and paid employees.
o They help improve people’s circumstances and prospects

Question 27

What Are The Roles Of NGO’s?

Answer 27

Their role is to:
o Work with govt to engage in law reform (act as expert advisors)
o Pressure govt to change laws
o Educate the public about the need for law reform

Question 28

Give Examples Of NGO’s

Answer 28

Examples:
o Amnesty international
o Red Cross
o Greenpeace
o Salvation Army

Question 29

Define Lobby Groups

Answer 29

An organised group of people who try to influence government ministers or other Members of Parliament to advance their social or political agenda

Question 30

What Is The Aim Of Lobby Groups?

Answer 30

They aim to:
o Change the law
o Keep a particular law that already exists
o Introduce new laws

They can do this through writing letters, requesting a meeting with a representative or Senator, making policy submissions, writing letters to the editor or calling talkback radio

Question 31

What Are Mechanisms of Law Reform?

Answer 31

These are the groups that actually change the law

Question 32

List M

Answer 32

o Whether it be domestic or international legislation
- Courts
- Parliament
- UN
- Intergovernmental Organisations
- Royal Commissions
- Office of the NSW Ombudsman
- Australian Human Rights Commission (AHRC)

Question 33

What Is The Role Of Court?

Answer 33

o Interpret and apply law provided by parliament
o Judges can change laws by setting new precedent
o Judges are likely to be the ones to first realise if laws need to change if they come across a new case in court which they have no statute law or past cases as a base of reference to set new common laws

Question 34

Parliment Are The Main Law Makers Through What Process ?

Answer 34

The legislative process

Question 35

Define Statute Law

Answer 35

Reform the law by passing legislation

Question 36

Define Conscience Vote

Answer 36

Is when politicians are allowed to choose whichever side they want (walking the floor)

Question 37

What Can Occur With An Amendment To The Law

Answer 37

An amendment can see any of the following occur:
o Elements from the original law removed
o New elements put into the old law
o Elements of the original law reworded to be more specific
o A combination of all 3
- E.g. Crimes Act 1900 -> Crimes Amendment Act 2012

Question 38

The UN is…?

Answer 38

The main intergovernmental organisation that creates international law

Question 39

List Difficulties With International Treaties/Conventions Becoming Law

Answer 39

Difficulties:
o Lack of commitment
o Difficult to get countries to agree
o History of failures
o No enforcement agency so countries can sign & ratify and it results in nothing happening

Question 40

What Are Intergovernmental Organisations?

Answer 40

Organisations that have sovereign states (individual countries) as members

Question 41

List Example Of Intergovernmental Organisations

Answer 41

E.g. United Nations, European Union, OECD and the World Trade Organisation

Question 42

What Are Intergovernmental Organisations Able To Do?

Answer 42

o Encourage cooperation between states – as they share common interests
o Provide a forum for countries to resolve disputes without violence
o Create consistency across countries in law reform

Question 43

List Other Agencies That Engage In Law Reform

Answer 43

o Royal Commissions
- Age care, natural disasters
o The NSW Coroner
- Dead bodies
o The Office of The NSW Ombudsman
- Deals in terms of business
o The Australian Human Rights Commission