last sac Flashcards
Reasons for law reform
CHANGES IN BELIEFS, VALUES AND ATTITUDES
values and attitudes change over time and laws much change with them to remain relevant and accepted. values can change for several reasons, including improved knowledge of topics such as the therapeutic benefits of medical cannabis. laws need to be reformed to respond to this awareness. for example changing attitudes to LGBTI people have lead to numerous law reforms such as laws which allow same sex couples to register a domestic relationship and to lawfully adopt children in Victoria.
ADVANCES IN TECHNOLOGY
as technology continues to evolve. laws need to be created or updated to regulate new inventions or manage the risks created by the technology. for example the wider use of mobile devices has lead to numerous new laws and regulations in relation to areas such as privacy, driving, bullying and scams.
GREATER NEED FOR PROTECTION OF THE COMMUNITY
continual law reform ensures people feel safe and protected from physical, emotional and economical harm. those less able to protect themselves, such as disabled or children and some minority groups may need extra protection. as new threats and situations emerge laws need to change to address those issues. for example the law introduced more severe penalties for the crimes of carjacking and home invasion, this was in response to an increasing number of these crimes being committed.
ENCOURAGING CHNGES IN SOCIETY VALUES
in some cases, the law will act to drive social change, often around issues of social equality. this aims to encourage greater tolerance and cohesion in a diverse society. an example is legislation that expunged convictions of those found guilty of homosexual behaviour under old laws promotes a change in the values in relation to the treatment of homosexual people.
The ability and means by which individuals can influence law reform including through petitions, demonstrations and the use of the courts
PETITIONS
penetrations are a written specific request for a change or no change to a law which are signed by people who support it. it involves a group or individual who organises the petition to submit it to the house of representatives petition committee who will then take it to the upper house and may refer it to the relevant minister. these referred petitions must be responded to in writing in 90 days, people may also be invited to talk to the committee in person about their petition. petitions allow an issue to be directly addressed by parliament and can track public attention. however parliament has no obligation to act on it and it is not as publicly visible s other methods.
DEMONSTRATIONS
demonstrations are also known as protests, it is where a group of individuals publicly express a desire for law reform. they can be generally disruptive in nature which can lead to more media attention and a greater likelihood that politicians will take notice. demonstrations are likely to gain media attention due to the large size they can be, they can also serve as an educational function by building awareness of the need for change. however they can be disruptive and violent which can lead to negative media attention, let alone time consuming and difficult to organise.
THE USE OF THE COURTS
the use of the courts refers to the bringing of a case to the courts to seek a new interpretation of a law. provided the case meets the right conditions, individuals may use the courts to change the law through statutory interpretation or precedent. these decisions can come into force immediately and can be made on the law alone and are not subject to political pressures. however it requires someone with standing to bring the case to court, they can also be expensive and time consuming which can be risky for a plaintiff to bring a matter to court.
The role of the media, including social media, in law reform
SOCIAL MEDIA
through social media people are able to communicate very quickly. this being said it means that people are able to share their views and opinions with the entire community, through platforms such as facebook, twitter, instagram and youtube. it is becoming a method of choice for announcements and reactions to issues for many politicians. social media can reach an audience on a larger scale and is easily accessible all day everyday. however it can be an eco chamber and easily saturated and the quality of information can vary.
TRADITIONAL MEDIA
traditional media is not always unbiased and includes includes television, radio, newspapers, magazines and other media print. it has an important role in informing the public of other members of the communities view on issues and also aids in informing members of parliament on the views of the community. it is often used in conjunction with other methods such as encouraging of publicising other political actions, such as demonstrations. similar to social media, traditional media can reach a large audience, serve as an educational function and be easily accessible. however they can be bias and become easily saturated.
The role of the Victorian Law Reform Commission and its ability to influence law reform
the victorian law reform commission is an independent body which is responsible for conducting research into existing legislation, assessing whether or not it is effective and recommending changes to the victorian parliament. the role of the victorian law reform commission is to examine inquiries referred to it by the attorney general and make recommendations on law reform. they can investigate minor areas of law reform without a referral from the attorney general and make recommendations and suggest law reform. the victorian law reform commission monitors and coordinates law reform activity in Victoria. through this activity the commission sometimes suggests to the attorney general that a particular law reform issue should be referred to them for investigation. lastly they serve as an educational purpose by running educational programs to help inform the community about its work about law reform in Victoria. as the government asks the victorian law reform commission to investigate the need for change in specific areas, the government should be more likely to act on the commissions report and recommendations. the commission is independent of parliament which ensures it remains objective and unbiased in making recommendations. however the victorian law reform commission can only investigate issues referred to it by the government and the commission is limited by its resources, and therefore can only undertake investigations into minor legal issues if it does not require a significant deployment of those resources.
One recent example of the Victorian Law Reform Commission recommending law reform
MEDICAL CANNABIS
in December 2014 the attorney general asked the victorian law reform commission to report on options for changes to the law to allow people to be treated with medical cannabis in exceptional circumstances. the issues paper was published on March 2015 which identified two areas of investigation which were how to define exceptional circumstances and how the law could enable this, whilst still preventing unauthorised cannabis use. 9 public consultations were held across Victoria with 99 submissions being received from individuals and organisations. the recommendations were delivered in August 2015 with 42 recommendations for changes to the law to allow people to be treated with medical cannabis. the response was tabled in parliament in October 2015 when the victorian government announced it fully accepted 40 out of the 42 recommendations. lastly in April 2016 the access to medical cannabis act passed.
The role of one Royal Commission, and its ability to influence law reform
a royal commission is an advisory body appointed by the government to complete a public inquiry into issues of great importance, it is viewed as an institution of last resort. they utilise a range of measures to fully investigate an issue and then go on to writing a final report which includes recommendations for a change to the law or government processes. the royal commissions powers are broad which include the ability to compel witnesses to request documents, the hearings are similar to a court in their rules of evidence and procedure, witnesses can be charged with an offence if they fail to comply.
One recent example of a recommendation for law reform by one Royal Commission
FAMILY VIOLENCE
the victorian royal commission commenced in 2015 and was required to investigate and make better recommendations regarding how to change government policy to reduce family violence, build better family relationships and ensure the safety of people affected by family violence. the royal commission received around 1000 submissions from individuals and organisations, ran for around a year and issued a final report containing 226 recommendations. as well as recommending better funded support services for victims, the royal commission recommended changes to the law including provision of support and safety hubs in local communities and establishing more family violence courts to allow the legal system to better handle relevant cases.
The ability of parliament and the courts to respond to the need for law reform.
as parliament is the supreme law making body, it can make and change existing laws in response to a variety of changes in the world. while the courts can change the meaning of legislation through interpreting words, parliament can always abrogate or cancel common law made by the courts or codify a common law decision. parliament is elected by the people and are therefore given the power to change any law within its powers, however parliament can be slow to change controversial laws for fear of no voter backlash and they can only make laws within its jurisdiction. parliament can make or change laws so that the law reflects the views and values of society, however financial restrictions can sometimes mean parliament is constraint in its ability to change laws. on the other hand courts can make law where none exists and give meaning to unclear legislation, however judges can be reluctant to overturn established common law precedents. court decisions and judges comments can lead to law reform through legislation, however courts can not make law or comment until a case is brought before them
