Unit 4 AOS 2 Flashcards
Reasons for law reform
shifts in community values
advances in technology
changes to economic conditions
protection of society
shifts in community values
The shared beliefs of the local, state, and national communities are always changing.
Therefore, laws must adapt to suit these changing beliefs, so that citizens are more
likely to respect and obey the law.
Advances in technology
Technology is becoming increasingly widespread and essential to the everyday
lives of humans. Advances in technology have numerous implications for many
different areas of law.
Changes to economic conditions
Due to the cyclical nature of Australia’s economy, economic conditions are constantly
changing. Therefore, legislation must be created or amended to reflect the economy’s
needs throughout various stages of its cycle. F
(covid 19)
protection of society
Our society is comprised of various different groups and communities, many of whom
are vulnerable to harm. Parliament must change the law when it is clear that existing
laws do not adequately protect these particular groups, especially when these groups
cannot prevent or control the harm that is occurring
Influences on law reform
petitions, demonstrations, use of the courts
petitions and example
A petition is a written document signed by a number of people to demand change from the government
- raise the age campaign
evaluate petitions
strength
Petitions are a convenient and free method of collating support for action
Petitions with a large number of signatures can successfully raise awareness about an issue within the media and community
weakness
Parliament is unlikely to respond to calls for law reform if a petition does not have many signatures or high levels of community support
It is ultimately up to the relevant minister to determine if the demands of a petition will be actioned or not.
demonstrations and example
Demonstrations occur when a large number of people congregate to bring attention to a common issue and are often the result of people’s dissatisfaction with the current law.
- change the date
evaluate demonstrations
Demonstrations have the ability to cause disruption and can be an effective tool for people to have their demands met swiftly, as exemplified by workers’ strikes.
Demonstrations with a large number of people can be good at gaining publicity for a common issue.
weakness
If a successful demonstration is not immediately followed up by further action, momentum for a cause will often fade.
Demonstrations are difficult to organise and are time-consuming, as they require a large mass of people to be in the same place, at the same time.
use of the courts and example
Individuals and groups with standing can influence law reform by bringing their cases to court as this may lead to the establishment of a new precedent
Moreover, attention can be drawn to an issue as a result of an individual or group taking a case to court. In particular, class actions
- trigwell
evaluate the use of courts
The courts may establish a new precedent when a case is brought before them.
Parliament may codify common law principles into statutory law.
Even if a matter is unsuccessful in court, attention may be garnered that can prompt legislative change.
weakness
Individuals or groups pursuing litigation must hold sufficient standing, whilst also establishing enough evidence to not only bring the case to court but also have an outcome that is in their favour.
The supremacy of parliament means it can abrogate any common law precedent set by the courts.
What is the role of TM in law reform?
Inform and raise awareness
Assess levels of comm support
Influence community opinion
Strengths and weaknesses of TM in law reform
Certain news outlets can have strong biases depending on their ownership, causing them to disseminate misleading information to the public
What is the role of SM in law reform?
Media can inform people about the social, political and legal issues and need for reform to resolve issues.
Media can assist parliament to determine level of community support by gauging public opinion
Given accessible nature of social media there is a mass viewership and instant access instant support and influence for an issue raised by one person
Strengths and weaknesses of SM in law reform
Social media campaigns can help assure government that there is popular support for a particular reform come election time
Social media enables communities and groups to gather support for an issue themselves, rather than having to wait for the mainstream media to capture the story
weaknesses
Just as social media campaigns can push for the law to be reformed, so too can campaigns push against law reform
Anyone can post on social media and claim it to be ‘news’ regardless of whether the information being disseminated is factual
Who are the VLRC?
VLRC is a Victorian government-funded body, however they are independent from Parliament. To ensure that the legal system and laws meet the needs of the Victorian community.
role of the VLRC
Recieve and anakyse the vic attorney generals terms of reference, investigate minor community legal issues, conduct inquires, monitor and coordinate reforrm, provide educational programs
inquiry stalking case
In February 2021, the VLRC received a term of reference from the Victorian Attorney-General to investigate Victoria’s response to stalking.
The public submitted 115 written submissions to the VLRC, while those who have experienced in staking responded online with 254 responses to provide their opinions on the matter. The majority of submissions came from members of the community
The final report was tabled in parliament on 21 September 2022. As of October 2023, the legislative recommendations are yet to be implemented.
evaluate vlrc ability to influence law reform
The VLRC is able to independently initiate projects and investigate matters concerning minor community legal issues without a term of reference
independent of political parties and is able to review laws on controversial matters objectively
VLRC invites submissions from the community and consults various parties who have expertise or an interest in the subject matter.
weaknesses
The government is not obliged to consider or implement any of the recommendations provided by the VLRC.
Projects can be costly and time consuming. Given the amount of resources available and funding provided, cost factors may limit the scope of VLRC investigations
The VLRC can only provide law reform recommendations for Victorian law and not for matters regarding Commonwealth legislation
What is a Royal Commission?
major public enquiries established by the government to investigate an area or matter of public opinion or concern in Australia. They are given special investigatory powers, including the power to summon people to attend hearings, give evidence and be subject to cross-examination.
Who can call a Royal Commission?
Commonwealth level – power is given to the Governor-General.
State level – power is given to the Governor
Overall, it is the government that initiates a royal commission in response to a major issue of public interest or concern
What is the role of Royal Commission?
Conduct hearings
engage in coercive powers of investigation
submissions from community
Royal Commission Process
referral from the crowns rep, issue paper to inital reserach to develop in line with terms of reference, hold public hearings, final report outlineing recommendations, response which is tabled in parliament
