Lesson 3 - Reasons laws need to change

Question 1

Law reform

Answer 1

Law reform refers to the process of updating and changing the law so it remains relevant and effective.

Question 2

What are 3 reasons that may result in laws needing reform?

Answer 2

1. Changing community values
2. Technological development
3. Need for community protection

Question 3

Changing community values (description)

Answer 3

• If laws fail to reflect community values, people may be reluctant to believe and obey the laws, making the laws less effective (linking back to the effectiveness of laws, RECKS)
• Community values change due to the increase in knowledge and the fact that society becomes more educated and aware

Question 4

Examples of a change in the law influenced by changing community

Answer 4

Anti-smoking laws
- In 2007, the Victorian Parliament prohibited smoking in enclosed public places
- Tobacco Amendment Act 2016 in Victoria make further amendments to laws. Smoking in certain outdoor dining areas is now prohibited, and the sale, promotion and use of e-cigarettes and products are now regulated.

Question 5

Technological development (description)

Answer 5

• Technological development opens up risks that needs regulation.
• As new technology is developed, the community must be certain of how their laws apply in new situations, meaning the law must change to provide clarity and ultimately remain effective. ( therefore the laws must be known and clear and understood)

Question 6

Examples of a change in law influenced by technological development

Answer 6

• Law reform such as Health Records Act 2001 (Victoria) Privacy act 1988 (Commonwealth) has occurred to protect the privacy of financial and medical records.
• The Human Genome Project (US) impacted the laws around gene patenting

Question 7

Need for community protection (description)

Answer 7

• Law reform must continually occur to make sure individuals and different groups within our community are protected and feel safe. This ensures that laws continue to serve their purpose, to ensure social cohesion
• One of the major roles of the law is to protect individuals from physical, emotional and economic harm. As a result of the creation of new laws, less harm is inflicted on individuals.

Question 8

Examples of a change in the law influenced by the need for community protection

Answer 8

• Crimes Amendment (Carjacking and Home Invasion) Act 2016 (Victoria) introduced new carjacking and home invasion laws, including more severe penalties for repeat offenders.