Chapter 13.6

Question 1

The victorian law reform commission

Answer 1

An independent, government funded law reform body, which plays a significant role in law reform in victoria

Question 2

Role of the VLRC

Answer 2

• Major inquiry
• community inquiry
• monitoring
• education

Question 3

Major inquiry

Answer 3

to examine and report on any proposal or matter referred to it by the vic attorney-general and make recommendations to the attorney-general for law reform. This includes conducting research, consulting with the community and reporting on law reform projects

Question 4

community inquiry

Answer 4

to investigate any relatively minor legal issues that the VLRC believes are of general concern within the community and report back to the Attorney-General with suggestions for law reform

Question 5

monitoring

Answer 5

to monitor and coordinate law reform activity in Victoria, including making suggestions to the Attorney-General that they refer a legal issue or matter relating to law reform to it for investigation

Question 6

education

Answer 6

to undertake educational programs and inform the community on any area of the law relevant to its investigations or references. This means the VLRC delivers programs to help inform the community about its work

Question 7

Processes used by the VLRC in law reform

Answer 7

• Undertake initial research and consult experts
• Publish a consultation paper: (or issues paper)
• Hold consultations and discussions with, and invite submissions from
• Publish a final report
• Present the final report to the attorney general

Question 8

The ability of VLRC to influence law reform

Answer 8

The VLRC has an important role in reviewing Victorian law. It makes sure the victoria parliament is provided with independent advice and recommendation for law change. However it has limited scope to investigate major issues other than those referred by the attorney general. The vic parliament is not required to introduce any of its final recommendations

Question 9

strengths of the VLRC

Answer 9

• The VLRC is able to gauge public opinion on law reform issues by receiving public submissions and by holding seminars in which people can have their say
• being a specialist organisation, the VLRC is able to investigate an area of issue of law reform comprehensively by running focus groups, conducting interviews.
• VLRC is an independant body
• VLRC is able to make informed recommendation to parliament on law reform issues
• VLRC can objectively evaluate the law and the possible need for law reform, which makes the VLRCs recommendation more persuasive and influential on parliament

Question 10

disadvantage of VLRC

Answer 10

• VLRC can only investigate law reform issues refered to it by the victorian attorny general or minor issues that it can investigate without a reference
• the government is under no obligation to follow the recommendation of the commission
• investigation tend to be time consuming and costly

Question 11

one recent example of the VLRC recommending law reform

Answer 11

In march 2020, the victorian law reform commisions began a project to improve jury inclusivity for people who are deaf, heard of hearing, blind or have low vision. The VLRC investigation into inclusive juries aimed to adress barries that prevent people with hearing or visions impairments from serving on juries. The need arose because, while no legal restriction prevents these individuals from jury service, practical limitations such as the inability to have interprets or assistive aids- effectively exclude them. Under the currect juries act 2000 vic, all jurors must be able to peform specific duties like understanding evidence and following judicial intructions. however the 13th person rule prevents more than 12 people in a jury from barring interpreters or guide aids from being present, which limits the participation of those needing assistance

The VLRC inquiry sought to align the law with contemporary values of inclusivity, reflecting community standards that advocate for non discrimitive and equal civic responsibility. by ensuring juries are representative, the inquiry aims to enable people wit disabilities to contribute meaninguflly to jury service, strengtherning the jurys role as a true cross section of the community

during its inquiry the VLRC conducted an extensive consultation process, recieving 14 submissions and heard 29 consultations with organisations like the law institute of victims visions aus and the supreme court og vic. this inquiry also included a public survey to gather perpective from affected individuals

The VLRC final report, submitted to vic parliament in may 2023, recommended 51 changes to enhance jury accessibility key reccomendations included
- requiring judges to implement reasonble ajustments such as providing interpreters, support persons, assistance animals and disability aids such as text or screen softwares to enable people with hearing or vision loss to serve effectively
- amending the 13th person rule to allow interpreters and support personal into the jury room under court direction

the report did not adress whether individuals unable to communicate in english should be eligivble for jury service, as this issue was outside the scope of inclusive jury project
the recomendations emphasise creating a fairer, more representative jury system that values inclusivity and equal opportunities