Law Making Through Parliament (U3O1) Flashcards
What are the four reasons why laws might change?
Changes in values and attitudes
Advancements in Technology
Protection of Community
Changes in Society
Summarise why laws may need to change because of changes in values and attitudes
In every society, particularly ours, values and attitudes change constantly over the years. For a law to continue to be accepted by the members of the community, the law must keep up with changing values in society. eg. Oscar’s Law. In times gone by, people have been less concerned with animal’s welfare. Today, however, the majority of society has evolved, meaning that the majority of people now value animals and are against cruelty towards animals. After rescuing Oscar, a dog, from a puppy farm, in which dogs were subject to horrific conditions, Debra Tranter called for a change in the law regarding puppy farming. In December 2011, the change in the law was passed (Domestic Animals Amendment, Puppy Farm Enforcement Act 2011) to provide more regulation over puppy farm activities. Within this act, penalties for cruelty to animals were increased.
Summarise why laws might need to change due to advancements in technology
As technology advances, new opportunities for crime arise. While technology can be a great thing, with it comes new issues that need to be covered by the law, to reduce the chance of people being exploited and harmed. eg. Laws regarding computers. Through the use of computers, it is possible that a person’s identity could be stolen. To try and fix this, The Crimes Amendment (Identity Crime) Act 2009 has been passed.
Summarise why laws may need to change in order to protect the community
If the community isn’t adequately protected by laws, it will not function properly and harmoniously. Laws are needed to make acts that may harm those in the community illegal. As new potentially harmful acts arise, the law must change to cater for them. eg. Mobile Phones while driving. As many people are killed or seriously injured on roads, it is a big aim of the law to protect road users. In 2013, new laws were introduced to enforce harsher penalties for those caught on their phones whilst driving. This includes an increased fine, from $289 to $433, and the loss of 4 demerit points, which in the past had only been 3.
Summarise why laws might need to change due to changes in society
Our society is ever-changing, and because of this, the law must change to be able to cater for changes. These changes could range from laws regarding manufacturing to laws regarding bullying. eg. Brodie’s Law. After Brodie Panlock took her own life due to relentless bullying in her workplace, Victoria introduced strict Anti-Bullying legislation which made serious bullying punishable by up to 10 years in jail.
How can individuals and groups influence a change in the law?
Primarily, through petitions, demonstrations and use of the media.
Summarise petitions
A petition is a formal, written request to the government for action in relation to a particular law that is considered outdated or unjust. Normally, it contains a collection of signatures which have been gathered from supporters of the proposed action. It is then forwarded to a local member of parliament who may present it at the next sitting of parliament.
The more signatures means the more public support, which increases the likelihood that Parliament will see it as an issue of importance, and take notice of the petition. Parliament receives hundreds of petitions a year.
What are the rules that apply when constructing a petition?
- it must be addressed to only one house of parliament
- it must refer to a matter that is within the power of the parliament to address
- it must state the facts
- and it must contain a request for the parliament to take action.
An example of a recent petition
eg. Puppy Farm Petition, presented to Legislative Assembly in 2011. This petition requests that puppy farms are abolished and the sale of factory-farmed animals banned in petshops and online. This petition had 47 signatures.
Strengths and weaknesses of petitions
Petitions provide the opportunity for all members of society to have their views tabled in parliament, however petitions do not generally attract much media attention so they often do not raise awareness of the issue within the community.
As the number of signatures increases, the influence the petition has rises. This then shows to parliament that the particular change in the law has a lot of support behind it and it is more likely that parliament will address the issue. On the down side, petitions can be time consuming, costly and difficult to organise.
Summarise demonstrations
Demonstrations, aka protests or rallies are held to try and alert the government to the need for a change in the law. Successful demonstrations involve a large group of people showing their support for a change in the law. One thing all demonstrations have in common is the aim to bring an issue to the attention of both the community and the relevant law-makers, in the hope of achieving a change or perhaps preventing a proposed change in the law.
An example of a recent demonstration
eg. Cruelty to dogs in Puppy Farms: After Oscar and other dogs received a great deal of media attention because of the cruel conditions they experienced in puppy farms, pressure groups influenced a change in the law through petitions and demonstrations. In September 2011, thousands of people participated in demonstrations in Melbourne, Sydney and Adelaide, in the hopes of influencing stricter legislation in relation to puppy farming. In these puppy farms, dogs are subject to horrendous conditions and they don’t experience love or care. This public outcry influenced Oscar’s Law, legislation passed by the Victorian parliament which enforced stricter regulations on puppy farmers and enforced harsher penalties for cruelty to animals.
Strengths & weaknesses of demonstrations
A positive element of demonstrations is that they are likely to gain media attention, which then raises awareness of the issue they are demonstrating about, both to law makers and members of the community. However, demonstrations may cause inconvenience to other people, due to road closures, blockages of footpaths etc…
Another reason why demonstrations can be effective is that they allow the demonstrators to communicate their views to a large number of people, which can further raise the amount of support behind the issue. However, like petitions, demonstrations can be time-consuming, costly and difficult to organise.
Summarise media coverage
Media coverage is vital for influencing a change in the law. Without it, law-makers would not be able to get a feel for public opinion and individuals would struggle to inform law-makers about the need for change and raise more public awareness. Demonstrations and petitions would not gain support or coverage. There are many ways the media can influence changes in the law, whether it be by a television show which exposes an issue, or perhaps a debate on radio. Individuals can also get involved by writing a letter to the editor, or voicing their opinions via a webpage or blog.
What is an example of media coverage which has influence a change in the law?
e.g. Live Cattle Exports exposé on ABC’s Four Corners: In 2011, Four Corners broadcasted an episode which exposed the cruel, harsh and inhumane treatment of Australian cattle which had been sent to Indonesian slaughterhouses. This raised awareness and influenced tough new legislation which imposed new regulations to protect the welfare of animals sent overseas from Australia.
