Chapter 15: Law Reform

Question 1

What is the main aim of laws?

Answer 1

• protect society and individual rights
• provide guidelines of acceptable behaviour
• provide ways to resolve disputes
• ensure social cohesion

Question 2

What is social cohesion?

Answer 2

Social cohesion is the willingness of members of a society to cooperate with each other in order to survive and prosper. It involves living together in peace and harmony, as well as respecting everybody’s individual rights.

Question 3

List characteristics of an effective law

Answer 3

RECKS
reflective of society’s changing views and values
enforceable
clear and understood
known by the community
stable

Question 4

What is law reform?

Answer 4

the process of updating & changing the law so it remains relevant and effective

Question 5

What are reasons for law reform?

Answer 5

PETA (PROTECTION OF COMMUNITY, TECH ADVANCEMENT, ECO+POLITICAL+SOCIAL CHANGES, ATTITUDES+BELIEFS+VALUES CHANGES)
- changes in beliefs, values and attitudes
- changes in social, economic & political conditions
- advances in tech.
- greater need for protection in community

(Parliament often makes laws in futuro, but it cannot forsee many types of advancements. Therefore, new social/political/legal issues can arise, prompting need for law reform.

Question 6

Provide examples of reasons for law reform

Answer 6

https://docs.google.com/document/d/15hb6_NcVtzQDvz9FRiaDAdMHND4ztFTxQHT3IQnDDR8/edit?usp=sharing

Question 7

In what ways can individuals influence law reform?

Answer 7

Petitions
Demonstrations
The use of courts
Social Media

Question 8

What is a petition?

Answer 8

A formal, written request to the government to implement some law reform. This is directly presented to parliament as it is tabled in a house of parliament.

Question 9

What are the benefits of petitions as a means for individuals to influence law reform

Answer 9

Relatively simple, easy & inexpensive

Online petitions can increase access for members of the community to advocate reform

Parliament - to be representative - is likely to consider a petition with many signatures, demonstrating strong majority support

Act of gather signatures can rise public awareness about desired law reform

Once given to member of parliament, petition must be presented directly to parliament, gaining the attention of other members and of media = raise more awareness and gain more support

Required format is broad, and parliament provides guidelines to general public on how to create + submit petition, enabling access

Question 10

What are the disadvantages of petitions as a means for individuals to influence law reform

Answer 10

Some ppl reluctant to place name, address or personal details on petition

Some ppl may sign paper petition more than once, reducing integrity of petition

Influence on parliament may depend on who tables it and their influence within parliament (e.g. independent member may have less pull)

100s of petitions received each year + no guarantee/compulsion that the parliament will implement desired law reform - may be years before action is taken

Many petitions don’t gain public/media attention after being tabled & opposing petitions can lower the impact of petitions

Required format must be adhered to

Question 11

What is a demonstration?

Answer 11

a rally or protest that is undertaken to bring an issue
to the attention of parliament and influence law reform

Question 12

What are the strengths of demonstrations as a means of influencing law reform?

Answer 12

High levels of attendance can attract positive media attention = shows strong support within community = parliament more likely to consider law reform

Can gain support of parliamentarians who want to ‘adopt a cause’ to improve their public profile

Raise social awareness, persuading others of the need for law reform = prompt change over time

Accessible for all

Question 13

What are weaknesses of demonstrations as a means of influencing law reform?

Answer 13

Ineffective + may lower support for cause if they cause public inconvenience, become violent or lead to breaches of law

Negative media attention may reduce credibility of demonstration and likelihood of parliament supporting the proposed reform

Usually single events that may not generate ongoing public support for desired law reform

Difficult + time-consuming to organise and attendance can be affected by factors like weather and location. Without a large number of supporters demonstrations may be ineffective (suggesting that few members of the community want the law to change)

Demonstrations can attract groups from opposing sides which can highlight conflicting opinions; if violence arises this may undermine the demands for law-reform

Question 14

Explain how individuals can influence law reform via the courts

Answer 14

Taking matter to court = unclear point of law may be clarified or established in the process (setting of precedent) = changing law

Challenging parliament’s legislation if it is believed to be unfair or unclear = statute is interpreted and its meaning is clarified OR it is declared invalid = change in law

note: if high court declares legislation ultra vires in constitutional matters, it’s decision cannot be overruled by parliament

Question 15

What are strengths of the courts as a way of influencing law reform?

Answer 15

The public nature of the courts and the use of the media + decision and comments made in court may highlight the issue to the relevant minister or parliament which can influence legislative changes e.g. Norrie Case

Existing law can be challenged, allowing judge to clarify its meaning via statutory interpretation = setting precedent or legislation ruled ultra vires and made invalid

Even unsuccessful legal action can generate public interest in the decisions and bring the matter to the attention parliament and they can act to abrogate the common law

Judges are politically independent

Question 16

What are weaknesses of the courts as a way of influencing law reform?

Answer 16

Limited scope for law reform as courts can only decide on a point of law relevant to issues directly involved in the case before them

Case must be brought before the courts for reform to be possible - $$$, time, uncertainty of favourable outcome, standing - Must wait for party to challenge the authority of legislation before they can determine its validity

Subject to supremacy of parliament (except for High Court in cases involving constitutional matters) who can abrogate common law

Judges are appointed not elected by people = decisions may not reflect views and values of community

Question 17

What is traditional media?

Answer 17

Conventional ways of communicating info. to the public that were used before the internet

e.g. newspapers, radio and television, including talkback radio in which members of the public express their opinions on social issues, and investigative journalism where complex issues are explored in detail.

Question 18

What is social media?

Answer 18

A range of digital tools, applications and websites used to share information in real time between large groups of people.

e.g. platforms such as Twitter, Facebook and Instagram

Question 19

How can traditional and social media influence law reform?

Answer 19

Exposing social issues and injustices

Generating community awareness of /interest in/support for desire law change (which can then lead to law-makers passing new laws in response to community opinion on the issue).

Making law-makers informed of community opinion on social issues, who may then change the law to match community opinion.

Political Parties may use media to promote their agenda and gain voter support

Question 20

What are benefits of using SOCIAL media to influence law reform?

Answer 20

users can generate interest in/awareness of/support for legal issues on massive scale

can capture and broadcast images/videos to raise awareness of need for law reform

connects people around the world = can be used to influence law reform on global issues at a domestic level e.g. climate change

Media makes law-makers informed of community opinion on social issues; members of parliament then change the law to match community opinion e.g. Marriage Equality
In 2017 #marriageequality was the most popular hashtag on Twitter in Australia; this further ensured law-makers understood the widespread public desire for this change in the law.

Question 21

What are limitations of using SOCIAL media to influence law reform

Answer 21

social media users do not tend to follow codes of ethics subscribed to by traditional media = info. on social media may not be accurate, authenticated or impartial = attempting to influence law reform disingenuously

algorithm may create echo chamber. where users do not access opinions which differ from their own = difficult to reach wider audience and create vast support for law reform

Question 22

What are benefits of using TRADITIONAL MEDIA to influence law reform?

Answer 22

can examine, discuss and inform ppl about legal issues and possible changes to law = raise awareness of + interest in + support for law reform

government can follow the media and determine where the community’s interests lie and respond accordingly in enacting law reform.

some programs conduct investigative can conduct intensive investigations of social issues e.g. Four Corners

Question 23

What are limitations of using TRADITIONAL MEDIA to influence law reform?

Answer 23

may not present info. in unbiased and independent way + reflect vested political interest of owners = attempting to influence law reform disingenuously

more broadcasting time or favourable rep. can be given to content/views that align with owner of media org. = attempting to influence law reform disingenuously + inaccurate reflection of what community believes, encouraging the gov. to implement reform that is not as widely supported as it appears to be

Question 24

What is the Victorian Law Reform Commission?

Answer 24

Victoria’s leading independent law reform org.
Reviews, researches & makes recommendations to the state parliament about possible changes to Vic. laws

Question 25

How and when was the VLRC established?

Answer 25

2001
Vic. parliament established VLRC in 2001 by passing the Victorian Law Reform Commission Act 2000 (Vic)

Question 26

Identify and Outline the specific roles of the VLRC

Answer 26

INQUIRY
examine + report on any matter referred to it by Victorian attorney general + make recommendations to attorney general about law reform

INVESTIGATION
review relatively minor legal issues that it believes is of general concern within community without reference + reporting back to attorney gen. with suggestions for reform (provided the review won’t take up too much of its resources)

MONITORING
monitor+coordinate law reform activity in vic (e.g. by consulting with grps in community); suggesting that attorney general refer a matter to it for inquiry + indicating where reform would be desirable

EDUCATION
inform community about its work (of areas of law relevant to its investigations/references) e.g. visiting schools + via website

Question 27

What are the processes used by the VLRC?

Answer 27

1. Research and scoping, whereby problem with law is detected & reference is given
2. Initial research & consultations - finding relevant cases, affected parties + identifying issues
3. Expert panel appointed to provide advice
4. Consultation paper published- explains key issues, asks q’s & calls 4 submissions about reform
5. Consultations - meeting parties with knowledge/experience of issues + disadvantaged grps
6. Submissions - open to all - about law & ways to improve it
7. Report, including recommendations approved by all, sent to attorney general (by due date)
8. Tabled in parliament by attorney general within 14 sitting days + published by VLRC
9. Gov. decides whether to implement some or all recommendations
10. Changes to the law - bill passed thru parliament + royal assent + comes into effect

(Look at Gava PPT for better summary)

Question 28

Give details of a recent example of the VLRC recommending legislation change

Answer 28

Committals PPT (Gava)

• What was the reference given by the attorney general?
• What q’s were put to the community?
• Describe consultation stage
• How many recommendations? What were they?

Question 29

Does the parliament have to provide a formal response to the VLRC’s report?
And is there a set timeline for action?

Answer 29

No

Question 30

What are strengths of the VLRC in its ability to influence law reform?

Answer 30

Gava ppt

Question 31

What are weaknesses of the VLRC in its ability to influence law reform?

Answer 31

Gava ppt

Question 32

What is the committee system?

Answer 32

a system used by federal and state parliaments in Australia that uses separate working
parties to investigate range of legal, social and political issues and report back to the parliament about the need for law reform parliamentary committee

Question 33

What is a parliamentary committee?

Answer 33

A group of members of parliament who investigate an issue and report back to the parliament

Question 34

What are processes used by parliamentary committees?

Answer 34

Terms of reference - specify purpose of and key issues involved in inquiry + date for submission of final report

Media publicises committee’s investigations and seeks inputs via written submissions from interested individuals, experts, groups etc.

Formal public (or occasionally private) hearings inviting a range of people to provide input, give evidence, answer questions from committee members etc. + can require certain individuals (e.g. experts, gov. ministers) to attend & if the don’t, they may formally reprimanded or prosecuted via fine/imprisonment

Prep. written report containing recommendations for law reform that is presented to parliament for consideration (in Hansard)

Question 35

What are the main types of parliamentary committees? Describe each one.

Answer 35

standing: are appointed for the life of a parliament to investigate specific issues and provide ongoing checks on government activities. one or both houses.

select: are appointed to investigate a specific issue when the need arises then cease to exist. one house only.

joint investigatory committees: are composed of members of both houses of parliament that are appointed each parliamentary term to examine a range of issues or matters.

domestic committees: are composed of members of one house of parliament and appointed to specifically examine issues that relate to the internal operations and practices of parliament.

Question 36

What are strengths of parliamentary committees in influencing law reform?

Answer 36

https://docs.google.com/presentation/d/1NwtzoUs-codOiZRdaAEZLsTLvD6Rj-gAHzBqQ9fXlwQ/edit#slide=id.g1488e89b717_2_14

Question 37

What are weaknesses of parliamentary committees in influencing law reform?

Answer 37

https://docs.google.com/presentation/d/1NwtzoUs-codOiZRdaAEZLsTLvD6Rj-gAHzBqQ9fXlwQ/edit#slide=id.g1488e89b717_2_14

Question 38

One recent example of parliamentary committees influencing law reform

Answer 38

https://docs.google.com/presentation/d/1NwtzoUs-codOiZRdaAEZLsTLvD6Rj-gAHzBqQ9fXlwQ/edit#slide=id.g1488e89b717_2_14

Question 39

Evaluate the ability of parliament to respond to the need for law reform

Question 40

Evaluate the ability of the courts to respond to the need for law reform