law reform Flashcards
Define royal Commissions of Inquiry
usually held in response to widespread community support
for an inquiry, which can include lobby groups interested stakeholders or those directly involved – which, depending on
the nature of the inquiry, might include victims. It establishes the terms of reference of the inquiry that set the scope and
powers of the inquiry.
Define Law reform
exaplme?
in a dynamic society can occur through new or changed legislation and can be influenced by the Australian Law Reform Commission (ALRC) and its state equivalents.
what is the role of the ALRC
The role of the ALRC is to examine how areas of law might be changed or reformed. The ALRC is officially requested by the Attorney-General to look into laws of the Commonwealth of Australia. Although it was established and is directed by the federal government, the ALRC is an independent authority that is able to release reports and make recommendations in an unbiased and non-partisan way free from political interference.
- to simplify and modernise the law
- to improve access to justice
- to remove obsolete or unnecessary laws, and eliminate defects in the law
- to suggest new or more effective methods for administering the law and dispensing justice
- to ensure harmonisation of federal, state and territory laws where possible, and
- to monitor overseas legal systems.
define codifying legislation
incorporating common law principles
and decisions into legislation
define complementary
legislation
legislation introduced through a Bill that mirrors legislation in another state or territory to ensure the law is the same in all parts of Australia
define consolidating legislation.
a statute that combines in one Act all the legislation in force relating to a particular area in that jurisdiction
who are part of lobby groups
members of various special-interest groups such as a church society,
school association, unions, conservation group, business organisation
and/or political party. Sometimes these interest groups will lobby
governments to achieve an outcome that they want.
define the role of lobby groups
Often brings more a powerful means of pressure to bear on our decision-makers and law-makers in order to achieve an outcome that they want.
deinfe sectional lobby group
a self-interest lobby group such as a trade union, business and farming association; church group; ethnic association; pensioner group; or returned service organisation, such as the Returned Services League (RSL).
deinfe promotional lobby group
an organised group promoting a
particular cause, beliefs or values - eg for example, a conservation
group, a women’s issues group, and Aboriginal, civil or moral rights groups.
social influence on law reform
law-makers respond to society’s changing values in an attempt to keep the law relevant and up to date. Bullying, divorce, same-sex marriages, drink driving disciplining children and the minimum driving age are all examples of areas in which changes have occurred because of society’s influence. Our law-makers have responded to changing beliefs within society, and laws have changed as a result.
example of law reform due to social influence
`
during the 1970s, considerable pressure was placed on governments by women who were protesting against discrimination.
This resulted in the introduction of legislation such as the Sex
Discrimination Act 1984 (Cth).
has social pressure been successful in law reform
yes through the use of media (news and current affairs programs, and online media) – the pressure is put on governments to ensure that our laws reflect the current needs of citizens.
Cultural influence in law reform
given that Australia is a multicultural society with a vast range of people from different cultural backgrounds, the law has changed to cater to their needs.
legislation pass or law reformed due to cultural influence
To ensure that fairness exists between different cultural groups in Australia, and to ensure that all people are equal before the law, certain pieces of legislation have been passed. These include the Racial Discrimination Act 1975 (Cth) and the Native Title Act 1993 (Cth).
Role of the liberal party
believes in equal opportunity for all Australians, and the encouragement and facilitation of wealth so that all may enjoy the
highest possible standards of living, health, education and social justice.
liberal + wealth = better oppurtunities
role of labour party
strives to create a fair, prosperous Australia in which everyone has opportunities and no one is left out or left behind.
labour + fairness = no one left behind
define terms of reference
the scope and powers of an inquiry;
what is to be investigated
what are main points from the Royal Commission into the Child Protection and Youth Detention Systems of the Government of the Northern Territory
- the conditions and treatment of youths in detention was highlighted, including an image of a hooded youth restrained in
a chair - government established a Royal Commission to inquire into the
treatment of children and young persons detained in youth detention facilities administered by the Northern Territory Government - The Royal Commission handed its report to the government - The terms of reference were to focus on the specific systemic problems identified in the Northern Territory, how those problems arose and the failure to identify and correct them
- failings in the child protection and youth detention systems of the Government of the Northern Territory
* the effectiveness of any oversight mechanisms and safeguards to ensure the treatment of detainees was appropriate
* cultural and management issues that may exist within the Northern Territory youth detention system
* whether the treatment of detainees breached laws or the detainees’ human rights
* whether more should have been done by the Northern
Territory Government to take appropriate measures to prevent the
reoccurrence of inappropriate treatment.
The expectation was that the recommendations and findings of this Royal Commission would be of use in other states and territories,
in considering how their juvenile detention systems could be reformed.
define utilitarianism
a system of thought stating that the best action or decision in a particular situation is the one that brings the most advantages to the most people.
tech influence on law reform
Rapid technological changes have been problematic for the law, as new cybercrimes are difficult to detect and punish. present ethical issues, strong opposing viewpoints and legal problems for governments that struggle to respond through effective law-making. These technologies have created behaviours that a decade ago were unlikely or even unheard of, such as software piracy, phishing,
sexting, and cyberbullying and e-stalking there are risks involved, including grooming and cyberbullying.
