Law reform Flashcards
changes in community values and explain a recent change
The changing and evolving morals of a community that must be reflected in the laws made by parliament in order to be re-elected. while maintaining an adequate representation of the societies views and values
-Eg. Domestic Animal amendment act 2017
Changes in tech with example
Technology evolves and progresses rapidly as a result this increase the potential for people to be exploited and harmed through the misuse of technology such as through scams or cyber bullying
-Criminal code amendment bill 2024
Need for community protection and example
To ensure social cohesion one key feature of the law is to protect the community and certain vulnerable groups from harm such as physical or economical harm
-Eg. The Tobacco Amendment act 2016
Describe the method of petition and requirements to be presented in parliament
-The petition must be address to a parliamentary house
-States the action being requested for legislation change
-Contains the details of the person who initiated the petition-Has at least one signature
Describe one example of a petition
In 2022 the petitions about raising the age of criminal liability in Australia mainly Victoria
Outline 3 strengths of a petition
-successfully raise awareness
-convenient and free method
-gain the attention of parliament due to the representative nature of parliment
Outline 3 weakness of a petition
-if petition not have many signatures then it will not convince parliament
-privacy people may not want to fill it out
-opposing petitions dilute or reduce their impact
Describe the method of a demonstration
co-ordinate and organise a meeting of people and gather in a public space. Hav an articulate speaker to address the media and they are designed to draw public attention
Describe one example of a demonstration
The Ballarat protests about violence against woman
Outline 3 strengths of demonstrations
-alert and educate members of the issue
-demands meet by disruptions eg tram drivers
-parliament should theoretically pay close attention to protests
Outline 3 weakness of demonstrations
-extreme action can result in negative media coverage
-widespread inconvenience can loose public support
-time-consuming and needs a large mass of people
Describe how courts can be used for law reform
Through standing a party must show that they are impacted by the law.
Parties must have resources to go to court
the court established precedent
the outcome will be codified or abrogated by parliament
Outline 3 strengths of using courts
-courts can establish new precedent
-courts can rule parliament legislation ultra vires
-judges are independent
Outline 3 weaknesses of using courts
-expensive and time-consuming
-judges not have to represent the views and values of the community
-the common law can be abrogated
Outline the facts of one case you’ve studied (sperm donation)
In 2014, a sperm Donner wanted to be legally recognised as father to the child. The case went to the high court to get parental rights recognised. The courts interpreted the NSW children status act 1996. Due to the spree done being actively involved in the Childs life then he was given parental rights.
Describe the traditional media
the media is the way information is communicated to the public. It is less interactive and tends to deliver info to users through linear and sender-message receiver modals. Eg newspapers
Describe social media and new media
Recent. Includes social media platforms and it is an interactive method of media and information distribution
Outline 3 roles that the media has in influencing law reform
-informing and raising awareness
-Assessing levels of community support
-influencing community opinion on a change in the law
An example of traditional media influencing law reform
A report made in the 7:30 report broadcast addressing the export and illegal selling practices of live sheep.
An example of how social media has influenced law reform
The #changetheage hashtag that has been trending on social media which has raised awareness to the issue and educated people on Australian law in reference to the world
Reasons VLRC begin the enquiry
There is an issue that arises in law or a gap in legislation that impacts a group of people ect
Such as deaf and blind people in the inclusive juries
The process- when did it begin, name two groups that they spoke to, how many submissions
Begin in March 2020, 14 submissions, the two groups that they spoke to were the Blind citizens of Australia and Youth disability advocacy service.
How many recommendations were made
53 recommendations
Outline the impact on law reform
Little impact on law reform as parliament is not obligated to change the law. Since the conclusion of the investigation in May 2023 no change has been made to the law
2 recommendations on the inclusive jury
Physical adjustments like allowing Auslan interpreters into the jury deliberation room
Support persons training to follow a code of conduct surrounding working with jurors
