law reform U4AOS2 booklet one Flashcards
(65 cards)
1
Q
lesson one
define law reform
A
- a change or amendment in the law to align it with modern societal needs & values
2
Q
lesson one
what are the three reasons law reform is needed?
A
- chg in comm beliefs, val & attit
- chgs in tech, also known as techno advancement
- the need for comm prot
3
Q
lesson one
expain the reason for law reform - changes in community beliefs, values & attitudes
A
- in any soceity, bel, val & atti chg over time.
- comm val chg as knowledge increases & soc bec more educ & aware.
- as a res, if the law is to remain relevant & accep to the maj of ppl, it must keep up w/ & refl the views, val & ethical princ in the wider comm
4
Q
lesson one
explain the reason for law reform - changes in technology / technological advancement
A
- techno is const improving & opening up possibilities that have x prev been imagined.
- this incring range & use of mobile devices & equip have created the potential for people to be harmed through the misuse of tech, for inst thr cyber-stalk
- as tech dev & improv, laws need to be alt & upd to refl the dev, reg use & prt those who may be vuln
5
Q
lesson one
explain the reason for law reform - need for community protection
A
- law ref must continually occ to make sure indiv & diff grps w/n comm are prot & feel safe
- one of maj roles of law is to prt indiv from harm, to which can incl phys, emot or econ harm
- laws tlf need to be chged in order to try & overc this threat to the wider commun as a whole
6
Q
lesson one
explain the reason for law reform - changes in social conditions
A
- as aust’s pop grows & chgs, some laws need to chg to ensure all can live together & maintain basic stan of living.
- social chgs over 25 yrs incl pop. will grow & that the ave life expect. will incr to 87 yrs. –> implic for law ref in areas incl health care, taxat., & environ.
- incr pop –> incr crime & need for improv. law enform.
7
Q
lesson one
explain the reason for law reform - changes in economic conditions
A
- aust eco = contin chging
- govt need to monitor & chg laws that reg. the buying, selling & prod of gs & ss across diff areas of the eco = banking / fina / min / agric
8
Q
lesson one
explain the reason for law reform - changes in international conditions
A
- chging int circ or glb events often infl law reform
- e.g. incr global vio & thr of terr att
- ano = int confl = wars –> rise is glb ref& can plc press on glb supp of good = oil
- cth govt monit bth so it can alt laws if nec = anti-terr & migr laws
9
Q
lesson one
what is an example of changes if social conditions?
A
- prompting law reform –> online gambling
- = using the internet to place bets, incl. websites, apps, online games & poker machines & sports betting
10
Q
lesson one
what is an example for a need for community protection?
A
11
Q
lesson one
what is an example of changes in technology / technological advancement?
A
- incid at BM highsch in which alt images of num. female students were made and transmitted w/o consent
- as a result leg on the use of deep fake images was addressed thr amend. being made to the Criminal Code Act 1995
12
Q
lesson two
what are the methods used by individuals & groups to signify their desire for change?
A
- petitons
- demonstrations / protests
- the use of courts
13
Q
lesson two
define petition
A
- a document consisting of a collection of sig. from indiv demanding an action or legislative reform is given to parliament
- only way indiv can directly put their conc / compl bef parl
14
Q
lesson two
what are the rules for formal petitons to be presented in parliament?
A
- the pet. add the house in which it’s being pres.
- states the action being req for legisl chg & reas
- cont the det of the person who init / org the pet
- has at least 1 sig
15
Q
lesson two
what happens if a petition meets the rules?
A
- it will be certif & pres in the house
- once pres bec prt of parl offic rec –> min have a certain time to resp
16
Q
lesson two
what are e-petitions?
A
- electronic petitions = alws indiv to sign their name to show supp for a cause via an onli platf
- most cmm meth of gath sig used today
- to be eff still needs to make its way to parl
17
Q
lesson two
what is an example of a petition?
A
18
Q
lesson two
what is an example of an e-petition?
A
19
Q
lesson two
what are the strengths of petitions?
A
- convient & free meth of collating supp for action = partic e-pet
- rel min = reqto resp to all e-pet in pet rep = tabled every few weeks in parl
- pet w/ many sig can succ raise awarness about issue w/n med & comm even if leg chg = x act
- pet w/ hundr of thous sig = seen be more rep of the comm & t/f gain att of parl due to ntr of rep govt
- art of creating pet & gath sig = gen pub awar on iss –> incr supp for des leg chg = reinf thr soc med camp
20
Q
lesson two
what are the limitations of petitions?
A
- parl = unlk to call for law ref if pet x have many sig / high lvls of comm supp = diff to attain enough sig on a pet to conv parl law ref is req
- ulti up to rele min to det if dem of pet = actioned or x
- pet gen need to be about leg issues = curr agenda for parl to pay suff attention to the pet dem
- priv reas = ppl rel put name & addr / email on pet
- to be pres in parl = must adh to cert rules
- parl rec hundreds of pet each yr & x guara / compul for sugg law ref to be adopt
- oppo pet & multi pet on same top –> red / dil imp of issue
21
Q
lesson two
define demonstrations / protests / rallies
A
- large gathering of indiv / grps to prt a law or call for parl to undertake legisl ref usually conducted in a pub space (e.g. steps of parl)
22
Q
lesson two
what are the features of demonstrations?
A
- a coord & org meeting of ppl to show supp / push for leg chg over a cause
- the gath gen occurs in pub
- inv a sp that addr the med to decri what chg is needed
- design to draw pub atten / cause inconven
- can be viol
23
Q
lesson two
what are the strengths of demonstrations?
A
- have abil to cause disrup
- can be eff tool for ppl to have their dem met swiftly –> workers strikes = train drivers / teachers
- given rep ntr of parl = parl shld theo pay close att to demon as a no. of their constit are clearly comm their des for chg
- lrg peaceful dem attend by thous / hundr of thous of ppl may demon to parl that the maj of ppl supp chg in the law
- dem = alert & edu memb of soc bout soc / eco / pol / leg inj & need for law cchng –> event bring chg over time
24
Q
lesson two
what are the limitations of demonstrations?
A
- if succ demon x imm fllw by further action –> momen for a cause will oft fade
- disrup caused –> oft res in neg med att part if issis consid ‘extreme’ by the med & is against pol int
- dem = diff to org & tim-cons b/c req large mass of ppl in same plc at same time
- no of ppl = attend demon may aff abil to infl law ref e.g. few ppl –> x gen int / awar / med atten
- if dem causes widespr inconv for the comm (blocking roads) or trns viol –> turn many ppl against the cause
24
# lesson three
how do courts influence change in the law?
indiv & grps w/ st can infl law ref by bringing their cases to court as this may lead to the est of new prece
25
# lesson three
what are the requirements for individuals & groups to bring their case to court & help the courts to influence law reform?
- st
- parties must have res = time & $ to access courts
- court hearing the mtt must be able to est. a prece & t/f must be a sup court or parties can consid appealing if they have leave
- outcome res from case either be cod / abro by parl which can imp whether the prec remains
26
# lesson three
what is standing?
- a party must be able to demon that theur have suff imp by the law & issues of the case to have 'sting' to bring a case forward
27
# lesson three
evalutating the use of courts to influence law reform - strengths
- courts may est new prec when case br bef them
- parl may cod c.l prin into stat law
- even if mtt = unsucc in court att may garned = prompt legisl chg
- should a chall in court = succ a court ruling could res in leg being dec u.v & void
- j's comm made in court or via ob.dic statements = enc parl to chg law
- js = pol indep & det case based on facts & merits of case rth than for pol gain / press
28
# lesson three
evaluating the use of courts to influence law reform - limitations
- indiv or grps purs liti must hold suff sting whilst also esting enough evid to not only bring but also have outcome in favour
- purs lit = extre expen & time-cons --> av person may = det from purs iss thr courts
- seeking app trial dec req perm / leave = x auto & add $ assoc w/ app mtt
- excep for HC disp invo int of cst j-made law = abro / can parl
- j = un-ele & dec & comm may x nec rep comm
29
# lesson four
what is the media?
- the way infor is comm to pub
- methods infor = comm = mediums = newspap, podcasts
30
# lesson four
what are the two broad categories of the media?
- traditional media
- new media
31
# lesson four
what is traditional media?
- less interactive
- tends to deliver infor thr a lin - sender - message - receiver model
- e.g. print newspapers, broadcast radio, television
32
# lesso four
what is new media?
- began thr dig tech = soc med platforms / podcasts / livestreams / virt reality
- based around use interaction whereby users x just receive infor --> can interc w/ content
33
# lesson four
what are the three main roles that the media can play in influencing law reform?
1. informing and raising awarness
2. assessing lvls of comm supp
3. infl comm opinion on a chg in the law
34
# lesson four
explain the role of the media,
informing & raising awareness
- by prov ppl w/ information the med allows aud to be aware & to know about issues in soc, pol, leg chgs, int matts
- for inst thr tv adds --> med = reach gr no. of ppl = helping to create knowledge (on topic) --> from gen infor --> incr supp for leg chg can dev, intiating action of that thr signing pet & em mps to ...
35
# lesson four
explain the role of the media, assessing levels of community support
- the media can assist parl, govt, NGOs gauge the lvl of pub supp / int twds a part. issue to infl leg chg
36
# lesson four
explain the role of the media, influencing community opinion on a change in the law
- the med can prv auds w/ diff pers, opinons & facts which can lead them to chg their stance on an issue & supp/lim supp from influ leg chg
37
# lesson four
what is an example of the media informing & raising awareness?
- thr 7 30 news rep docum = inform on the current state of sheep export = harsh treatement --> awareness --> gr momentum for alt in the laws about sheep export --> pressue from pub on to parl to ensure compliance
- ppl may show supp twds = sign pet of engaging w/ mps about chg
- = parl passes fed govts leg to ban live sheep exports by sea by 2028
38
# lesson four
evaluating the role of the media to infuence law reform - strengths
- trad med = op under prof journ codes --> stores = undergone f-chk --> ens acc
- soc med allw ppl to cap events to large aud in real time e.g. police brutality --> gain supp for law reform in areas
- soc med b/c its inter ele all indiv & spec int grps dir acc to MPs & pol part to raise the need for l.ref
- govt = fearful of - rep in med = part in trad med = cons more repu --> t/f more press to ref law flwing in-dep news docum = expo troub iss
- soc med alw MPs & loc mem of parl to gain dir acc to their constit thr comm & 'tags' being made
- print & broadc med = used infl comm supp about iss = cond invest & rep on news stories / tv prog = prompt govt to act
- tel, newsp & rad = still maj source of news w/n comm = acc by mill of aud each day
39
# lesson four
evaluating the role of the media to influence law reform - limitations
- trad med = heavily conc in their ownersh = owed v few indiv (82% aust print med = owned by two comp - news corp) --> infl way infor is portr to aud b/c high deg = bias b/c lim persp of owners
- soc med = tiktok x req users uphold prof code of conduct when sharing infor --> news pres = x f-chk by prof sources --> aud = fake news / inacc infor
- use of algor can infl what ppl are reading & by whom = by predic what users likely to read soc med = target w/ news stories = only nrr persp on iss --> lim no. of opin exp to
- some trad med = $
40
# lesson five
what does VLRC stand for?
Victorian Law Reform Commission
41
# lesson five
what is VLRC?
- stat & form law ref body
- this means it was est thr passing of leg (VLRC Act 2000 (vic)) w/ the purp of rec law ref to vic parl
42
# lesson five
what is the purpose of VLRC?
- memb of parl often lack the time, res & at time the expert to undertake thoro invest of an issue --> as a res parl may dele this funct to formal law ref bodies to conduct its own invest & make recomm for chgs in the law
- when prov rec to parl VLRC should aim to prv parl w/ imp & indep advice & rec for chg
43
# lesson five
what are the three roles of the VLRC?
1. rec & ana the vict attorney-gen's terms of ref
2. invest minor comm leg issues
3. prov edu prog
44
# lesson five
describe the role of VLRC - receive & analyse the vic att-gen's terms of reference
- the VLRC must examine, rep & prov recomm about mtts ref to the comm by the vic att-gen
- the terms of ref docu contains inform about = scope of the inquiry / part issue or policy being invest / the final rep due date
45
# lesson five
describe the role of the VLRC - investigate minor community legal issues
- VLRC has pwr to invest & prov recomm to vic att-gen about minor issues w/n broader soc w/o a terms of ref
- may conduct res & invest as long it does x req a sig amount of res
- such invest are known as comm law ref proj
- these proj still have a terms of ref h/w these terms are est by the VLRC itself as opposed to vic att-gen
46
# lesson five
describe the role of VLRC - provide educational programs
- VLRC prov edu mat to comm to inform indiv about its proj, gen work & other areas of rel law
- these res can be found online in multiple formats & are access to entire comm
- addit VLRC offers pres to schools & has tailored stud-spec res = found on web
47
# lesson five
what are the processes involved in VLRC projects? how does the VLRC make its recommendations?
- a project is initiated
- intial research & consultations
- consultations & submissions
- report
- tabling
- govt resonse & chgs to the law
48
# lesson five
explain the process of VLRC - consultations & submissions
- consul paper prov contextual inform & investig qs is pub, alongside a call for comm submissions
- extensive consult are held w/ exp, aff parties, & those w/ spec int in mtt (stake holders)
- sub from comm = sub by anyone = dig / written / oral = rec & rev
- liase
49
# lesson five
explain the process of VLRC - govt response & changes to the law
- the vic govt has option to implem the recomm & make amendments to the law h/w = x obliged to do so & there is x timeline in which action must be taken
50
# lesson five
the ability for vlrc to influence law reform - strengths
- t.of.r = rec from vic att-gen = MP & is off advi to govt --> subseq rec = more likely to be consid & adopt by parl
- vlrc = indep init proj & invest mtts conc min comm iss w/o t.of.r from vic att-gen --> enables vlrc prov recomm to l.ref in areas spec to needs of certain grps & comm e.g. incl juries
- thr proc vlrc inv subm from comm & cons various parties t/f parl l-making = centred around its rep ntr & govt more likely to resp to l.ref if widespread conc agst comm to ensure laws refl v & v of the maj & pol more motiv to adopt recomm for l.ref in areas where there is high comm supp for chg to maintain voter endorsement
- vlrc = indep of pol parties & can rev laws on controv mtts objectively & deliver a set of recomm for l.ref to parl based on its in-dep res, exp opin & v's of those who make subm
51
# lesson five
the ability for vlrc to influence law reform - limitations
- govt = x oblig to consid / imple any of recomm prov by vlrc
- vlrc = lim by t.of.r = only conduct res & make sugg for l.ref w/n areas outlined by vic att-gen
- alth vlrc own invest w/o t.of.ref prov by att-gen these can only be invest conc minor issues = lim scope of mtts that can be invest & commissions subseq imp on l.ref
- vlrc inqui = v. time consum due to ntr of the processes used --> time spent consul w/ rel part, eng w/ comm & rev submiss is nec to prov informed recomm h/ res in slow ref proc
- both st & incl juries = yet to have their recomm imple desp rep being tabled late in 2022 & early 2023 (resp) --> demon time consum ntr of pot l.ref
- prof = $ b/c amount of res available & funding prov $ factors may lim scope of vlrc invest
- vlrc only prov l.ref recomm to vic law x for mtts reg cth leg
52
# lesson six
why was there a need for VLRC to investigate the issue?
- ppl who are deaf, head of hearing, blind or have low vision are x expressly prev from serving on the jury h/w = restr on allowing int & other supp person to assist ppl w/ vision & hearing imped overc these communi barriers = 13th person rule
53
# lesson six
how does the 13th person rule cause action from VLRC?
- rule = prohibits any aupp person being pres thereby indirectly exclud jurors w/ commun disab from serving
- ppl w/ disab make up approx 10% of overall pop so excluding those w. comm diffic --> juries x truly uphold the rep ntr of soc.
54
# lesson six
under the juries act 2000 (vic) what do all jurors need to be capable of?
- perf.ing the duties of jury service = underst facts pres during trial / effect comm w/ trial judge & each other in delib / pay attent to evid / fllw j's instruct
55
# lesson six
how was the inclusive juries investigation initiated?
- vlrc self initi the inquiry
56
# lesson six
what did the terms of reference (scope of research) consist of the vlrc determining?
- what chgs to curr leg (JA 2000) would be needed to make jury serv more incl e.g. use of supp person
- consid whether there are spec circ in which jury service should be lim
57
# lesson six
what are the details of the vlrc investigation into inclusive juries?
- march 2020 vlrc commenced its comm lae ref proj
- undertook exten res & invest = rec 14 submiss from stakeholders, held 29 consult w/ grps & org
58
# lesson six
what are examples of groups & organisations vlrc consulted with during inclsive juries inquiry?
- vic leg aid
- law instit of vic
- juries vict
- vision aust
- blind cit of aust
59
# lesson six
when was the inclusive juries inquiry submitted?
- subm final rep was tabled in vic parl in May 2023 for consid w/ 53 recomm
- h/w x leg recomm have been implemented
60
# lesson six
what are two examples of the recommendations tabled by vlrc for inclusive juries?
- disability awareness training should be req for judges, lawyers & court staff who work w/ juries
- making rele, physi adjust avail in the jury process = auslan interp, supp persons, hearing loops & braille mat to those jurors who need such assist
61
# lesson one
reason for law reform example - technological development
- the criminal code amendment (deepfake sexual material bill) 2024 to criminalize the creation & sharing of deepfakes such as those at Bacchus Marsh Grammar
62
# lesson one
reason for law reform example - changing community values
- the staged ban on gambling advertising proposed by cth parl whereby all broadcast gambling will be banned from 6am to 10pm in 2026.
- the aim of this ban is due to the changing in soc's view tow gambling ads being broadcasted which reinforces gambling / betting addiction
63
# lesson two
what are recent examples of protests / demonstrations?
- ending violence against women in Ballarat 2024
- invasion day / aust day annually in 2023
- extinction rebellion protest in melbourne CBD 2024
- strike for cc - maj cities 2023
64
# lesson four
how are traditional and social/new media different?
- can be used to inf & raise aw
- used by div aud
- influential on chging ppl's opinons
