Law Reform Flashcards
Law reform
Law reform is a change or amendment in the law to align it with modern societal needs and values
Reasons for law reform
-Change in community beliefs, values and attitudes
-Technological advancement
-The need for community protection
Changes in community beliefs, values and attitudes
Changes in values may be caused by people becoming more educated on certain issues and an increased ability to seek information. Law changes to reflect changing views and maintain relevance.
Technological Advancement
Technological advancement can occur rapidly which increases potential for people to be exploited and harmed through the misuse of technology such as scams and cyber-bullying. Law changes to ensure they reflect the development of technology to regulate its use and protect vulnerable victims.
Need for community protection
The need for community protection is to ensure social cohesion by protecting individuals and vulnerable groups from physical, emotional, and economic harm.
Petitions
A petition is a document consisting of a collection of signatures from individuals demanding an action or legislative reform that is given to parliament.
How petitions influence reform
A petition allows individuals to directly put their concerns and complaints to parliament by following these rules:
-The petition addresses the House that it will be presented
-States the action requested and legislative change
-Contains details of the organizer of the petition
-Has at least one signature
Strengths of petitions
-Convenient and free
-Ministers are required to respond to petitions in the Petition Report
-Many signatures raise awareness in the community and media
Limitations of petitions
-Parliament is unlikely to respond if a petition doesn’t have many signatures
-It is up to ministers to take action on petitions
-Petitions must adhere to rules
-Parliament receives hundreds of petitions each year
Protests
A protest is a large gathering of individuals and groups to protest a law change or legislative reform, usually in a public place.
How protest influence reform
-Protests are usually in public to gain the attention of parliament
-Involves a speaker wo addresses the media
-Aims to cause inconvenience for public and may be violent
Strengths of Protests
-Disruptions gains attention of the media and parliament
-Demonstrate support for reform that a representative parliament should address
-Can alert and inform members of the public on issues
Limitations of Protests
-If action isn’t taken quickly the cause may lose momentum
-Disruption can lead to negative media attention
How courts influence reform
Individuals and groups with standing can influence law reform by bringing their cases to court to establish new precedent.
Strengths of Courts
-Courts can establish new precedent
-Parliament may codify common law into statute law
-A case may lead to statute law being declared ultra vires
-Attention from cases or obiter dictum statements can also influence change
-judges are politically independent
Limitations of courts
-Plaintiff’s must have standing and adequate resources to pursue a case
-Appeals are not automatic and can be denied
-Courts decisions can be abrogated by parliament unless involving the constitution
The media
The media is a way information is communicated to the public. Traditional media and new media have different levels of intractability
How the media influences reform
-Informing and raising awareness
-Assessing levels of community support
-Influencing community opinion on a change in the law
Strengths of the media
-Operates under professional journalistic codes
-Can reach a large audience
-Gives people direct access to MP’s
-News stories can expose large issues
Limitations of the media
-Radio stations are highly concentrated in their ownership
-Algorithms can influence the media people receive and can be one-sided
Victorian Law Reform Commission (VLRC)
A statutory and formal law reform body that investigates and recommends law reform to Parliament
How VLRC influences reform
-The Attorney General initiates a project with a terms of reference
-Research into the reform begins
-Consultations and submissions from stakeholders in an issue are considered
-VLRC makes recommendations to Parliament for them to consider and amend law
Strengths of VLRC
-The recommendations will likely be considered and adopted by Parliament as it is a formal body
-Research based recommendations ensure the representative nature of parliament is upheld when adopting change
-Independent to political parties and can give objective recommendations
Limitations of VLRC
-Parliament is not obliged to implement recommendations
-Inquiries can be time consuming and delay reform
-Can only recommend Victorian law reform and not commonwealth
VLRC- Inclusive juries investigation
-VLRC investigated the requirements for jury service which excludes people who are deaf or hard of hearing as a 13th person as an interpreter is not permitted
-VLRC self initiated this investigation and didn’t receive a terms of reference from an attorney general
Royal Commissions
The most formal inquiry process into an issue of public concern as a result from a horrible event
How Royal Commissions influence law reform
-A letter patent is received from the governor or governor general
-The Royal Commission prepare a consultation paper to outline the matters within the investigation
-Submissions and information from the public will be considered
-Hearings will be conducted
-Use coercive powers to issue summons to attend court hearings
-After the investigation, they prepare a report of the findings and recommended law reform
Strengths of Royal Commissions
-Royal commissions are independent of government and are not influenced by political biases
-Parliament will likely act on and implement law reform based on the findings of the commission
-Allow government to determine the amount of public support
-Coercive powers allow them to compel witnesses to give evidence
-Reports are tabled in parliament directly to members of parliament who can implement reform
Weaknesses of Royal Commissions
-Only established in rare circumstances
-Can be very expensive
-Government isn’t obliged to implement recommendations
-Dependent on governments willingness to investigate an issue
The Disability Royal Commission
Commenced in April 2019 after community concern around the violence, neglect, abuse and exploitation of people with disabilities. The final report was submitted in September 2023 and overall the cost was $527.9 million dollars.
The Disability Royal Commission investigation
-preventing and better protecting people with disabilities from violence, abuse, neglect and exploitation
-achieving the best practice in reporting abuse and violence
-promoting a more inclusive society
Disability royal commission outcomes
After 5 years, 8000 submissions received and 17,824 phone enquiries, the Royal Commission made 222 recommendations to parliament. So far the Disability and Inclusion Act 2023 has been passed.
Reasons for constitutional reform
-To change Australia’s political system
-To increase protection of rights
-To change Commonwealth’s law making powers
-To recognise First Nations people
Process of referendums
-A bill with the proposed change is introduced in Parliament and must be passed by both houses
-The referendum occurs and voters choose yes or no
-A double majority of population and state must be achieved from voters
-The governor-general grants royal assent
Strengths of Referendums
-Voters are directly involved in constitutional reform
-Voters are able to reject changes
-The yes/no format is easy to answer
-The double majority standard protects the states
Limitations of referendums
-Referendums are extremely expensive and only proposed if truly necessary
-The double majority requirement makes it difficult to pass
-The compulsory voting requirement means some people may vote randomly
-Extremely time consuming
Factors that influence the success of referendums
-Bipartisan support
-How educated voters are on the issue
-The nature of the proposal
-The willingness of voters to support change
1967 Referendum
The 1967 referendum was to remove the ability of parliament to pass legislation that discriminated against first nations people (S51xxvi) and include First nations people in the population and census by removing S127.
Result of the 1967 Referendum
Overall 90.77% of Australia supported the change and all states had a majority
2023 Referendum
The 2023 referendum was to add a section 129 in the constitution that outlines the existence of an Aboriginal and Torres Strait Islander voice to Parliament (an advisory body)
Result of 2023 Referendum
The referendum was unsuccessful with an overall 40% vote yes and no state having a majority yes.
