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12 Legal Studies > AOS 1 Ch 2- Law Making Through Parliament > Flashcards

AOS 1 Ch 2- Law Making Through Parliament Flashcards

1
Q

What are the reasons that laws may need to change?

A
  1. Changing values and attitudes
  2. Changes in society
  3. Protection of the community
  4. Protection of rights.
  5. Advances in technology
  6. Access to the law
  7. To Generate changed values in society.
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2
Q

What is the Victorian Law Reform Commission?

A

An independent, government-funded organisation established to investigate areas of law that may need to be changed.

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3
Q

What is the main role of the VLRC?

A

To undertake research and make recommendations for changes in the law that are referred to it by the state attorney-general.

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4
Q

What does the VLRC do?

A
  1. Engages in community-wide consultation and debate.
  2. Consults with marginalised groups.
  3. Makes recommendations on minor legal issues of community concern.
  4. Educate community on certain areas of law.
  5. Monitors and coordinates law reform activity by working with other law reform bodies.
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5
Q

What are the strengths of the VLRC?

A
  1. Recommendations are likely to be acted on by Gov.
  2. Way of gauging public opinion.
  3. Able to comprehensively investigate and area of law.
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6
Q

What are the weaknesses of the VLRC?

A
  1. Can only investigate issues that are referred to it unless they are minor.
  2. Gov does not have an obligation to follow recommendations.
  3. Investigations are time consuming and costly.
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7
Q

What is the law reform process?

A
  1. Receive reference.
  2. Research and consult.
  3. Expert panel formed and consulted.
  4. Consultation paper published and submissions called for.
  5. Consult affected parties and communities.
  6. Receive and consider the submissions.
  7. Write report on research and make recommendations/changes.
  8. Deliver report to attorney-general.
  9. Table report to parliament and publish.
  10. Gov decides on response.
  11. Parliament decides on legislation.
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8
Q

What was australia’s previous law concerning medicinal cannabis?

A

Cultivation, manufacture, supply and use of narcotic drugs was restricted under signed UN conventions.

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9
Q

What act was did the attorney-general ask the VLRC to investigate?

A

Drugs, Poisons and Controlled Substances Act 1981

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10
Q

How many submissions were received from individuals and organisations?

A

99

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11
Q

How many public consultations were held?

A

9

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12
Q

How many recommendations for changed to the Drugs, Poisons and Controlled Substances Act 1981 were made by the VLRC?

A

42.

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13
Q

What were the VLRC’s recommendations?

A
  1. To license cultivators and manufactured to produce medicinal cannabis under similar laws to opium industry.
  2. Make medicinal cannabis avaliable in a variety of forms, except smoking.
  3. Should be prescribed by a specialist and sold at a pharmacy.
  4. To be used on patients suffering from MS, Cancer, HIV, AIDS and Epilepsy.
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14
Q

What was the outcome of the VLRC’s investigation into Medicinal Cannabis?

A
  1. Gov fully accepted 40 recommendations and 2 in principle.
  2. Gov introduced Access to Medicinal Cannabis Bill in 2015.
  3. Bill passed so that in early 2017 Office of Medicinal Cannabis is established, new regulatory powers are established to license growers and the Medicinal Advisory Committee is to be established to provide advice and oversight.
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15
Q

What is a formal pressure?

A

Come from within the formal structures of the law-making process.

e.g. Cabinet, VLRC

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16
Q

What is an informal pressure?

A

Come from individuals or groups who are not connected with the law-making process but who try to influence law-makers to make a change.

e.g. Pressure groups, trade unions

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17
Q

What are 3 informal pressures for change?

A

Petitions, Demonstrations and the Media

18
Q

What is Petition?

A

A formal, written request to the government for action in relation to a particular law.

19
Q

What are the rules of a petition?

A
  1. Must be addressed to only 1 MP.
  2. Must refer to a matter that is in the parliament’s jurisdiction.
  3. Must state the facts.
  4. Must contain a request for parliament to take action
  5. Must be presented to parliament by an MP.
20
Q

What is the Committee on Petitions?

A

A committee that ensures all petitions are considered by parliament

21
Q

What are the strengths of petitions?

A
  1. Individuals have direct contact with Gov.
  2. Shows high degree of public interest through multitude of signatures.
  3. Arouses public interest during collection of signatures.
  4. E-petitions have potential to gather large support over the internet.
22
Q

Weaknesses of petitions?

A
  1. Parliament cannot respond to all.
  2. Less likely to gain media support because it is not visual.
  3. Difficult and time consuming to gain signatures.
  4. Amount of influence on parliament depends on the minister who presents it.
23
Q

What is a demonstration?

A

Where a group of people come together to alert the government to a need for a change in the law.

24
Q

What is the aim of a demonstration?

A

To bring an issue to the attention of the law makers and the community.

25
Q

What are the strengths of a demonstration?

A
  1. Large numbers may attract the media.
  2. Media support can influence widespread support.
  3. Can arouse public interest because it is highly visible.
26
Q

What are the weaknesses of a demonstration?

A
  1. Must be well-publicised to attract numbers.
  2. Has little effect without ongoing support and media attention.
  3. Time-consuming to organise.
  4. Large crowds may be difficult to coordinate.
27
Q

What is the media?

A

A means for communication information, gauging public opinion and gaining community awareness for an issue.

28
Q

What are the different forms of media?

A
  1. Newspapers
  2. Letters and emails
  3. Social media
  4. Radio’
  5. Television
29
Q

What are the strengths of the media?

A
  1. Can gain groundswell of support.
  2. Gov is fully aware of issues in media and can gauge support.
  3. Has large effects on other methods of influencing change.
30
Q

What are the weaknesses of the Media?

A
  1. May show conflicting views and deter the government from making a change.
  2. Only influential if public supports the issue.
  3. Change in law requires bipartisan support.
  4. Gov will only respond if issue fits with their program and has a high level of community support.
31
Q

What is a Bill?

A

A proposed law

32
Q

What is the process for a Bill through parliament?

A
  1. Introduction and 1st reading.
  2. Second Reading
  3. Committee Stage- Consideration in Detail.
  4. Third Reading.
  5. Bill passes 1st house.
  6. Same process in second house.
  7. Bill passes 2nd house.
  8. Certification.
  9. Royal assent
  10. Proclamation
33
Q

What happens in the introduction/1st reading?

A

~Minister gives notice of intention to introduce bill.
~Copies of Bill and explanatory notes are given to all members of house.
~No debate

34
Q

What happens in the second reading?

A

~Statement of compatibility is considered.
~Purpose of bill is outlined and presented to the house.
~Debate is adjourned to allow time for study and public discussion.
~Debate is then initiated by opposition.
~Vote is taken
~Senior legal advisor of the Scrutiny of Acts and Regulations Committee examines Bill.

35
Q

What happens in the committee stage?

A

~Speaker/President leaves house.
~Each clause is discussed in detail.
~Amendments are made.
~Adoption of the committee report.

36
Q

What happens in the third reading?

A

~Long title is read.
~Further debate.
~Voted on in final form.

37
Q

What is certification?

A

~Clerk of parliaments approves Bill.

38
Q

What is Royal Assent?

A

~Governor/Governor-General signs and approves Bill

39
Q

What is Proclamation?

A

~Where the act is proclaimed by the governor/gov-general in government gazette and is published in Hansard.

40
Q

What are the strengths of parliament as a law making body?

A
  1. Laws are made in futuro.
  2. Elected by the people and is responsible to them.
  3. Can investigate whole topic and make comprehensive law.
  4. Has access to expert info.
  5. Provides arena for debate.
  6. Ensures compatibility with human rights charter.
  7. Can delegate power to expert bodies.
  8. Able to involve public.
41
Q

What are the positives and negatives of a hostile upper house?

A

+More debate means more effective laws.

- Senate may vote against changes

42
Q

What are the weaknesses of Parliament as a law-making body?

A
  1. Not always sitting and cannot introduce change immediately.
  2. Conflicting views in society can hinder parliament to make change.
  3. Investigation and implementation are time consuming and expensive.
  4. Opposition can result in compromise of effectiveness or the Bill not being passed.
  5. Can be passed even if not compatible with HR.
  6. Sub authorities not elected by people.
  7. Cannot predict all future circumstances.
  8. Restricted within jurisdiction.
  9. Must have economic viability.
  10. Possibility of Hung Parliament.

12 Legal Studies (5 decks)

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