16- Changed And Recommendations

Question 1

List three recommendations for changes in the legal system.

Answer 1

1. Increased funding for legal aid services
2. Education programs
3. Relaxation of rules for evidence and procedure

Question 2

Explain the recommendation of increased funding for the legal system, and how this enhances its effectiveness?

Answer 2

Allow VLA (Victorian Legal Aid) to provide more funding and therefore represent more people unable to afford legal representation.

• A: provides wider access to justice for all Victorians
• F: promotes equal representation among parties, encouraging a fair trial

Question 3

Explain education programs for the legal system, and how they enhance its effectiveness.

Answer 3

Provide more information about the Australian legal system to migrants and Indigenous Australians to ensure an understanding of party’s roles and expectations.

• F: allows for a fairer trial and outcome, each party is on equal footing

Question 4

Explain the relaxation of rules for evidence and procedure, and how it enhances the effectiveness of the legal system.

Answer 4

Allow a greater use of written statements of evidence (eg, medical or police reports, rather than having expert witnesses testify in court)

• T: reduces delays, allowing timely resolution of disputes
• A: would also decrease the cost associated with expert witnesses

Question 5

List 2 recent changes made in the legal system.

Answer 5

1. Expansion of the Koori court

2. Prevention of vexatious proceedings

Question 6

Explain the expansion of the Koori court.

Answer 6

As of July 2013, state government funding allowed the County Koori Court to be established in Melbourne (previously, only the Koori Magistrates’ existed)

This allows a fairer hearing for indigenous Australians across a wider range of offences.

Question 7

Explain the prevention of vexatious litigants . Provide an example.

Answer 7

The Vexatious Proceedings Act (2014) allows some courts and VCAT to make litigation restraining orders, intended to reduce the number of people returning to the courts.

This decreases the amount of disputes (and therefore delays) in the system. Also decreases taxpayer costs for proceedings.

Eg: Hoddle St killer Julian Knight declared a vexatious litigant for life.