Examples Flashcards
Recent Reform to the Criminal Justice System
Change to Appeals Process from the Magistrates Court to the County Court
‘De novo’ appeals are when the entire trial is reconducted again - everyone involved would have to participate in the trial again
The change is the removal of ‘de novo’ appeals - instead transcripts will be used
Fairness - reduced stress on victims
Fairness - Fewer Delays
Fairness Weakness - applies to a very small number of matters
Recommended Reform to the Criminal Justice System
$390 million dollar increase in funding for the VLA and CLC’s
Boost would apply to all states and territories
PoJ are then just expansion of the PoJs for VLA & CLC’s - except that its spread across states and territories
Recent Reform the Civil Justice System
Greater Use of Technology (2018)
Changes:
- Parties can file documents and conduct discovery online
- Class Actions can be live-streamed
Improves Access - people not located close to the courts can access their services online, also reduces cost (no need to pay for copying and delivering of files etc)
However - people may not have access to the internet
Improves fairness - documents can be accessed in a more timely matter
However - lengthy processes still remain
Recommended Reform the Civil Justice System
Removing juries in civil disputes
Juries add to delays - i.e. directions, deliberations all add to delays
Access - minimises costs & prevents parties who cannot afford a jury from being disadvantaged
Fairness - reduces time delays HOWEVER impacts a very few number of matters and removes trial-by-peers
Equality - prevents parties who cannot afford a jury from being disadvantaged
Section 7/24 Cases
- Roach v Electoral Commissioner
- ACT v Cwth
- Jones v ABC
Referendum
1999 Referendum - Protected the Australian Constitution
Rejected proposals to become a republic and change the preamble
reasons for failure:
- cautious of change
- public opinion varied
- disagreed with model
- no urging by the PM
ability of people to protect
- rejection of change by people
- example of democratic purposes
- however - could be caused by a reluctance to change or not understanding or lack of bipartisan support
Cases which impacted the Division of LawMaking Power
Koowarta Case
Tasmania Dams
R v Brislan
Community Value Shifts Examples
Same Sex Marraige
Advances in Technology Example
VicPar passed the Road Safety Amendment (Automated Vehicles) Act 2018
Establishes regime for trialling automated vehicles on highways - made the permit holder responsible for any offenses whilst the car was in self driving mode
Protection of Society Examples
Reform to Bail Laws
As a result of the Bourke Street Attack -> amended the Bail Act so that decision makers are required to give higher priority to community safety when making decisions
Demonstration Example
Same Sex Marriage -> resulted in a postal survey -> resulted in law reform
Recent Example of a VLRC
In 2018, the AG requested a review of the contempt of court laws.
Contempt of Court was very broad - scattered throughout common law, with no definition of what is and isn’t contempt, no max penalty, confusion on how to start a contempt of court proceeding (sometimes it was OPP, sometimes it was the judge)
No way for an individual (or a newspaper) to know what conduct was acceptable)
in 2020, it proposed a Contempt of Court Act, that would:
- make the law more accessible (understandable)
- create clear penalties
- modernise the language
- define components of contempt
also found that courts used contempt well and didn’t misuse or overuse their contempt powers
Not implemented thus far
Royal Commission Example
Victorian Royal Commission into Family Violence
in 2015 - the VicGov established an RC into family Violence
To find the most effective way to: prevent family violence, improve early intervention, support victims, make perpetrators of family violence accountable.
Conversed with 850 Victorians, and received 1000 written submissions
Made 227 recommendations, 63 implemented, 164 in the process of being introduced
Lead to the Family Violence Protection Amendment Act 2017
