DP4 VLRC Flashcards
What is the VLRC an example of?
A formal law reform body, which is an organisation established by commonwealth and parliaments to investigate the need for change in law and make recommendations for reform.
What are the functions of the VLRC?
Major inquiry, community inquiry, monitoring and education.
What is major inquiry?
This occurs when the Attorney-General refers a matter to the VLRC and provides its terms of reference. The VLRC then conducts research, consults the community and reports on law reform projects, before making final recommendations to the Attorney-General.
What is a community inquiry?
This is where the VLRC, without reference from the Attorney-General, investigates any relatively minor issues that is of general concern within the community. It is allowed to do this as long as reviews will not consume too many of the VLRC’s resources.
What is monitoring?
After consultation with various groups and other law reform bodies, VLRC may suggest new references to the Attorney-General
What does the VLRC do for education?
Undertakes educational programs to inform the community on areas that are relevant for inquiry
Information is available on the website and the VLRC speaks to students through visiting schools.
What is a term of reference?
Instructions to a formal boy to investigate an important matter, which sets out a precise scope and purpose of inquiry.
Issues are referred to by the Attorney-general to the VLRC. However, the VLRC can also identify minor legal issues of general community concern and thus draft its own terms of reference.
What are the processes the VLRC uses to influence law reform?
Initial research is conducted and experts are consulted to identify the most important issues. Because the VLRC only has limited time and resources, it must focus on the most prevalent/prominent issues within the terms of reference. Expert panels and committees are then established to provide assistance to the VLRC about subject matters of inquiry. A consultation paper is published with explains key issues in the area under review. This invites the community to write online submissions or to hols more consultations for the public to make submissions. After consultations and submissions are reviewed, a final report is drafted and presented to the Attorney-General. This is stabled to the Victorian Parliament within 14 sitting days.
What are some strengths in the VLRC’s ability to influence law reform?
The government may be more willing ro accept recommendations when the VLRC has investigated the need for change within the community . Because the VLRC has the power to investigate and make recommendations on minor areas of law reform, this ensures that areas are comprehensively covered. Furthermore, it is able to do so without a reference (if minor), allowing it to represent the community and its concerns. Additionally, community vires can be measured through holding consultations and public hearings. Submissions are more likely to be implemented if they are popular with the voters, upholding the representative nature of parliament.
What are some limitations of the VLRC’s ability to influence law reform?
To implement recommendatons, the government may need the support of the cross bench to pass laws, especially if there is no majority meaning that some recommendations proposed may not be passed. Because the law-making process is not quick, recommendations may not be immediately recommended, and thus not represent the community as well as it can. Furthermore, inquiries may take 12-24 months, using large amount of time and resources. Because the VLRC is limited by how many projects it can undertake at a time, and is limited by its terms of reference. This means that it can only make recommendations for reform included in the reference, even if it is required in other areas. Finally, the VLRC cannot initiate its own investigations without a reference if it takes up too much time and resources that need to be used elsewhere.
