law reform

Question 1

what is law reform

Answer 1

law reform refers to the process by which laws change but its more than change because “reform” tneds to indicate an improvement

Question 2

what are the stages of law reform

Answer 2

1. the need for law reform arises (reasons)
2. agencies of law reform acquire knowledge about the change (who suggests, recommends, wants, lobbies for the changes)
3. mechanism of law reform (the law is changed)

Question 3

what are the agencies of law reform?

Answer 3

• law reform commissioners = NSWLRC, ALRC
• parliamentary committees: select and standing
• the media: has influence over society
• NGO’S: eg project compassion
• lobby groups: an organized group of people trying to change laws

Question 4

what are the mechanisms of law reform (how it’s changed)

Answer 4

• courts
• parliament
• united nations
• intergovernmental organisations

Question 5

what is a youth justice conference

Answer 5

Refers to a meeting of all the people who may be affected by a crime committed by a young offender; used to help the offender to accept responsibility for their actions while avoiding the court system

• used as a circuit breaker
• aims help young offenders avoid getting a criminal record

A NEW CONCEPT OF JUSTICE

Question 6

Conditions that need to give rise to the need to reform (changing societal vaules)

Answer 6

This places pressure on the law to change and adapt over time. What is acceptable at one time may be considered unacceptable at another time.

Question 7

Conditions that need to give rise to the need to reform (changing composition of society)

Answer 7

Australia is culturally diverse. As the make up of society changes, laws are often passed to reflect these changes.

anti-discrimination legislation is the result of this changing composition of society, as people from non-majority backgrounds demanded protections.

Question 8

Conditions that need to give rise to the need to reform (new concepts of justice)

Answer 8

• when social values change ours do to so our ideas of justice change

Example: we used to believe the death penalty was effective now it has become abolished

Question 9

Conditions that need to give rise to the need to reform (failure of existing law)

Answer 9

when laws fail they must be reformed or revised by amendment

Example: the police used to tell domestic violence victims that it was a family issue and personal. This law has failed to allow for justice allowing it to be reformed

Question 10

Conditions that need to give rise to the need to reform (international law)

Answer 10

When International law is reformed this can lead to changes within Australia’s domestic legal regime.

This is particularly true when Australia signs a Convention and then passes domestic legislation to reflect that Convention.

Example: age of criminal responsibility

Question 11

Conditions that need to give rise to the need to reform (new technology)

Answer 11

New technologies create the need for law reform to ensure the safety and privacy of society

Example: mobile phones can take photos so there needed to be new laws introduced to allow for privacy

Example: the introduction of the crimes (forensic procedures) act 2000 setting out the guidelines for who may be tested and who may order the test as well as detailed requirements of how procedures may be conducted.

Question 12

Conditions that need to give rise to the need to reform (FINNCC)

Answer 12

failure of existing law
international law
new concepts of justice
new technology
changing composition of society
changing societal values

Question 13

What is the ALRC

Answer 13

An independant government agency that reivews the law, proposes changes to the law providing recommendations of law reform to the government

Question 14

what is the role of the ALRC

Answer 14

1. simplify and modernise the law
2. harmonise and complement state and territory laws
3. systematically develop and reform law
4. improve justice
5. remove unnecessary laws,
6. eliminate defects and anachronisms in the law
7. consolidate, put into legislation, and revise the common law.
8. Maximise community input and feedback

Question 15

What is the NSWLRC

Answer 15

A law reform agency simmilar to the ALRC which specailises in law reform within NSW

Question 16

what is the process of the NSWLRC

Answer 16

The Attorney-General of NSW writes to the commission asking it to enquire into and report on the need for reform in a particular area of law. As soon as the enquiry has been decided, the Commission will:

1. appoint commissioners to investigate the referral.
2. identify the issues and seek community input.
3. release papers of consultation, and/or a research report, to receive public opinion. The Commission receives opinions from the public, and they are analysed. These submissions from the public can be written or oral.
4. inform the public through public meetings, phone-ins, public opinion surveys, and group meetings.
5. undertake further research and analysis of the issue, and consider all comments from the public
6. release its report with its recommendations for reform with accurate reasoning.

Question 17

ALRC process

Answer 17

The Attorney-General provides ALRC with “terms of reference” for inquiries.
ALRC cannot make its own inquiries; it must follow Attorney-General’s instructions.

ALRC maximizes community input and feedback through issues paper and discussion paper.

A final report is prepared and presented to the Attorney-General, containing proposals for law reform.
Current ALRC inquiries include family law system review and ATSI people’s incarceration rates.

Completed inquiries include Elder Abuse and Freedoms Inquiry.

Question 18

how do parliamentary systems opperate

Answer 18

parliamentary systems opperate in select and standing committees

Question 19

what is a select committee?

Answer 19

• Select committees are small committees appointed for a particular purpose, or a once-only task.
• Once a committee has been asked to undertake an inquiry, the terms of reference are drawn up
• Members of the public and experts in a field may be asked to give submissions.
• The committee hears witnesses, examines evidence and formulates conclusions. The media usually attends and reports on committee proceedings.

Question 20

what is a standing committee?

Answer 20

• A standing committee is a committee that is permanent during the life of the body that appointed it
• Standing committees inquire into and report on matters referred to them by the Senate or House of Representatives, including estimates of expenditure, Bills, and the performance of departments allocated to them.

Question 21

what is a parliamentary committee

Answer 21

Parliamentary committees are made up of people who are Members of Parliament to handle smaller less important issues that parliment does not have time to take on, by making recomendations to the rest of parliment

Question 22

what is an NGO (non-government organisation)

Answer 22

An NGO is any organisation that is NOT part of the government, but represents the interests of a certain group. The organisations themselves are usually non-profit (to avoid taxes!)

Examples:
humanitarian (NGO’s) - Amnesty International Australia; the Australian Red Cross

religious NGO’s - Caritas Australia (runs ‘Project Compassion’)

they could represent business intrests - the Australian Council of Businesses

Question 23

how can an NGO have an affect on the law

Answer 23

• Calls for the “public” to make submissions about a specific change to the law that has been proposed
• Makes a written submission about their opinion on the change (including any research they have done).
• Changes the law, taking into account what the NGOs have argued.

NGO’s can also write press releases to the media in hopes that they can change public opinion putting pressure on the government to change a law

Question 24

what is a lobby group

Answer 24

A lobby group is a type of NGO – an organised group of people who try to influence government ministers or other members of parliament to advance their social or political agenda

Their goal may be to change the law, to keep an existing law, or to introduce new laws.

Question 25

how can the media influence law

Answer 25

“The media” includes any publically available publications, including online newspapers, blogs and content shown on TV.

By printing, posting or showing stories, the media has the ability to influence/change public opinion which can lead to changes in the law.

Question 26

what are the mechanisms of law reform?

Answer 26

‘machinery’ that actually brings about changes. These include judicial and legislative branches of government and international organisations.

Question 27

what are some examples of mechanisms of law reform

Answer 27

• courts
• parliaments
• intergovernmental organisations, including the United Nations
• other agencies

Question 28

parliaments in mechanisms of law reform

Answer 28

• parliaments make new laws and amend existing ones
• Parliament often responds to community concerns to introduce new laws and amend legislation that has
  lost relevance to current social values, e.g. same-sex marriage.

Question 29

courts in mechanisms of law reform

Answer 29

• courts can develop and reform the law
• set new precedents
• established legal doctorines can be modified to accommodate changing social values

Question 30

intergovernmental organizations in mechanisms of law reform

Answer 30

• IGOs are organisations whose members are sovereign states (individual countries), having certain
  common goals e.g. to promote peace and stable government

IGO’S
1. encourage cooperation between ‘states’.

2. provide a forum for disputes by being impartial.
3. support members by providing information e.g. how to improve internal processes e.g. how to hold
   democratic elections.

Question 31

united nations in mechanisms of law reform

Answer 31

• Established 1945 to promote world peace and the recognition of human rights
• Most prominent intergovernmental organisation (IGO), playing a major role in resolving international
  conflict and settling disputes within countries
• has made lots of international law influencing domestic law promoting human rights
• encouraged international support for treaties and conventions