Unit 4 AOS 2b Flashcards

Question

Weaknesses of demonstrations

Answer 1

Causes chaos, disruptions and this can turn people off the cause, can significantly impact peoples live decreasing support, people can get hurt by certain actions, leads to misuse of police resources and parl are not required to do anything in response

Answer 2

HC decision cannot be abrogated if regarding Const, superior courts can set binding precedent, obiter statements can draw attention of parl to change the law and unsuccessful cases can still draw attention to a need for change

Answer 3

Takes significant amount of time and costs to bring a case to court, Locus standi, parl can abrogate decisions and the judge may be judicially conservative

Answer 4

Depending on the ownership of the organisation and the political views of the owner, theway in which nes is reported may be impacted

Answer 5

Liberal-National Coalition: The Australian, Daily Telegraph, Herald Sun Left-wing and pro-Labor: The Age, Syndey Morning Herald Pro-Labor and Aus Greens: ABC News, Insider

Answer 6

It is mediums that are often non-digital, existed prior to the digital age and may now be partially online but are still considered as traditional media

Answer 7

High number of audiences as it has existed for a long period of time, considered more trustworthy, info is more controlled and limited audience interaction

Answer 8

Can influence the views of a large group of people, many programs often contain segments surrounding the need for law reform and some programs investigate issues in the community

Answer 9

May not always present info in an unbiased way, content that is presented is able to be manipulated to alter audiences perception and can increase the level of political bias

Answer 10

Often associated with digital media/content and it incorporates online platforms such as social media, apps, guerilla advertising

Answer 11

May have lower usage among older audiences, considered by some as less trustworthy, info less controlled by ownership as users can share content and high level of audience interaction

Answer 12

Social media users can create interst in and raise awareness of legal issues on a massive scale, people can capture and broadcast images on social media to generate awareness, connects people around the world, provides direct acces to MPs and political parties and lawmakers can use it to guage public opinion

Answer 13

Info may not be accurate, authenticated or impartial as no journalism standards, can lead to uneducated decisions being made, excessive esposure to graphic imagery online may overwhelm or desensitise people to issues and it is easy to spread harmful or inaccurate stories

Answer 14

All individuals or groups that exist outside of parliament including the media

Answer 15

Institutions or organisations that are created and funded by parl e.g VLRC and Royal Commisions

Answer 16

VLRC is a statutory body, meaning that it was established as a result of parl passing the VLRC Act 2000 and it is an independent, government-funded body that is responsible for developing, monitoring and coordinating law reform in Vic

Answer 17

Examine, report and make recommendations to the AG on proposals relating to law reform in Vic, improve the operation of the legal system by ensuring laws meet the needs of the community and educate the community on its operation and function

Answer 18

A formal reference by the Attorney General The Commission decides to begin a community law reform project - usually stemming from desires of the community

Answer 19

Stage 1: A problem arises in society and, there is a desire for change in the law. The AG provides a reference to VLRC to begin work on law reform Stage 2: VLRC begins initial resarch to ascertain challenges/problems that currently exist within legislation. Initial report is published to outline the problems and make the community aware Stage 3: VLRC begins thier consultation stage - holding meetings, consulting with academics, experts and professionals, inviting community members to have a say and these findings are collated Stage 4: VLRC produces their final report for parl with its findings and recommendations for law reform, the report is tabled in parl for discussion

Answer 20

Parl implements all recommendations made by VLRC, implements some of the recommendations are implements none of them Parl is not obligated to implement any recommendations made by VLRC but it may recieve criticism for not reflecting the views and values of the people

Answer 21

Because request is made by gov it is more likley that they will implement recommendations, recommendtions made by VLRC will represent the community which makes it more likely that gov will implement as remains representative and VLRC is independent of parl and political parties which makes it more likely to be impartial and unbiased

Answer 22

Can only investigate issues reffered to it by the gov, inquiries are limited to the terms of reference, parl is not obligated to act on recommendations and investigations can be time consuming and costly

Answer 23

Jury service inaccessbile becasue there are no obligations under the current Act for judges to provide adjustments for those with diabilities and the 13th person common law principle means services such as interpreters are not allowed in the jury room

Answer 24

Began in March 2020 and finished in July 2022 and there were 53 recommendations

Answer 25

Amendments made to the Juries Act 2000 (Vic) to require the courts to provide reasonable adjustments to enable jury service, remove 13th person rule for interpreters and support persons Auslan interpreters and support persons should undertake training to work with jurors Disability awareness training should be required for judges, lawyers and court staff who work with juries

Answer 26

Formal inquiries into a particular area of law or public concern upon recommendation from the Crown and the inquiry is given in terms of people providing evidence and the commission will then compile a report on their findings

Answer 27

To investigate the casues and reasons that has led to an area of public concern, gather evidence to support their findings and make recommendations for law reform

Answer 28

RC focus on one important issue and work for a specific period of time until the inquiry is finsihed RC have special powers including the power to subpoena witnesses and hear sworn evidence

Answer 29

Can be established at both State and Commonwealth level through the Royal Commission Act (Cth) 1902 and the Inquiries Act (Vic) 2014 and by the executive branch via the Governor/Governor General but advice is given by relevant ministers and members of parl

Answer 30

Stage 1: An issure of concern is identified, the GG issues a Latter Patent which outlines the terms of reference, the time by which the RC is to report, who will chair the RC and the scope of the investigation Stage 2: RC has unique powers to gather info includes summoning and cross-examining witnesses, applying for warrants to search and seize evidence and provide protection for witnesses Stage 3: Findings are published in a report, formally submitted to the GG and it is tabled in parl but there is no requirement for parl to adopt any of the recommendations made

Answer 31

Finished in March 2021 and was established in response to community concern about widespread reports of violence against, and the neglect, sexual abuse, death and exploitation of elderly residents within the aged care system. It lasted 28 months in which there were 23 public hearings, 641 witness hearings, including patients, their families, health professionals, community social workers, academics, advocates and individuals within the legal sector, and over 10500 public submissions

Answer 32

There were 148 recommendations The creation of a new Act Regulations on the use of restraints Introduction of a National registration scheme

Answer 33

Gov can use the findings and recommendations from RC to justify teh need for changes in the law and gov policy, important in raising community awareness and ecouraging individuals to take action and because RC happen at govs request, more likely to adopt recommendations

Answer 34

Parl is not obligated to implement any recommendations, may lose credibility if gov that initiates it limits the terms of reference to limit the scope of the RC, the extent to which it can influence law reform depends on things such as the subject matter and whether or not there is bipartisan support and RC can be used as a tool against political opponents and to avoid getting on with difficult legislation

Answer 35

Able to legislate at any time MPs democratically elected Able to undertake comprehensive law reform Able to ensure scrutiny and debate in lawmaking Able to delegate their lawmaking powers

Answer 36

Can create laws at any time, do not have to wait for a case to present itself (courts) so can legislate when needed. Parl can also make laws in futuro (in future) if it can see that a problem may arise

Answer 37

Parl is democratically elected by the people, therefore members are obligated to act in a way that responds to the needs of the people and ensure that laws that are made reflect the views, wants and needs of its people

Answer 38

Parl has the resources to undertake comprehensive law reform, can establish committees and bodies that are tasked with investigating and making recommendations surrounding an area of law reform

Answer 39

Parl provides for debate and scurtiny as the legislative process allows MPs to stay informed about proposed changes and express their views. Ensures members of parl can follow the pocees of reform and have the opportunity to inform parl and provide feedback if the law doesnt reflect the views of the people

Answer 40

Parl can hand over some of its lawmaking powers to other bodies such as local councils or bodies like VCAT which enables parl to prioritise important areas of law reform

Answer 41

Electoral pressures within parl Able to delegate lawmaking powers Delays in lawmaking Party politics Laws may be slow to change

Answer 42

Parl may be reluctant to act on controversial issues due to the govs wish to remain in power and MPs may be reluctant to adress these issues if there is no dominant community view or if their party policy is considered different to the dominant community view

Answer 43

Parl may fail to supervise delegated legislation and this may lead to subordinate authorities which may mean changes in the law can be inconsistent and confusing

Answer 44

Parl can only alter the law when sitting and parl only sits aprox 40-70 days a year and this may cause laws to be delayed in being passed

Answer 45

MPs are expected to vote along party lines and may face strong party pressure to uphold the collective interests of their party over the views of the electorate they represent

Answer 46

The process of passing bills involves various stages and this can be very time consuming which may result in delays to changes in the law, this can make laws obsolete or prevent society from progressing

Answer 47

Able to set precedent and make laws Able bring about legislative change Courts are independent of parl Precedent ensures consistency and fairness Courts can provide individuals with standing access to law reform

Answer 48

If the community is dissatisfied with court rulings or if judges are bound by precedent, campaigns to change law may occur and this can encourage changes in legislation

Answer 49

Judges do not have to worry about being re-elected or deal with political pressures as they are independent and this can lead to courts employing judicial activism to bring about law reform more freely, especially in controversial areas

Answer 50

Judges use the doctrine of precedent and stare decisis to promote consistency and fairness and individuals can use this to predict the outcome of their case

Answer 51

Provided a person has standing and the resources, courts can provide individuas with the opportunity to challenge the law and initiate reforms to ensure the opperation of the law is effective

Answer 52

A case must be presented to the courts before they can intiate law reform Decisions made by judges are undemocratic The legal system is time consuming and exensive

Answer 53

A case must come before the courts and muswt be sufficiently unique from prior cases to allow a judge to influence law reform

Answer 54

Judges are not elected and do not have the necessary requirements and resources to ensure their decisions reflect community values which means their changes to the law may not be appropriate. Most judges can come from a very narrow socia-economic background which also may impact their ability to reflect community values

Answer 55

Not all individuals may have the resources to pursue their matter in courts unless they recieve support from pro-bono lawyers or assistance

Unit 4 AOS 2b Flashcards

(80 cards)