Law Reform

Question 1

Law reform

Answer 1

Law reform is a change or amendment in the law to align it with modern societal needs and values

Question 2

Reasons for law reform

Answer 2

-Change in community beliefs, values and attitudes
-Technological advancement
-The need for community protection

Question 3

Changes in community beliefs, values and attitudes

Answer 3

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.

Question 4

Technological Advancement

Answer 4

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.

Question 5

Need for community protection

Answer 5

The need for community protection is to ensure social cohesion by protecting individuals and vulnerable groups from physical, emotional, and economic harm.

Question 6

Petitions

Answer 6

A petition is a document consisting of a collection of signatures from individuals demanding an action or legislative reform that is given to parliament.

Question 7

How petitions influence reform

Answer 7

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

Question 8

Strengths of petitions

Answer 8

-Convenient and free
-Ministers are required to respond to petitions in the Petition Report
-Many signatures raise awareness in the community and media

Question 9

Limitations of petitions

Answer 9

-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

Question 10

Protests

Answer 10

A protest is a large gathering of individuals and groups to protest a law change or legislative reform, usually in a public place.

Question 11

How protest influence reform

Answer 11

-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

Question 12

Strengths of Protests

Answer 12

-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

Question 13

Limitations of Protests

Answer 13

-If action isn’t taken quickly the cause may lose momentum
-Disruption can lead to negative media attention

Question 14

How courts influence reform

Answer 14

Individuals and groups with standing can influence law reform by bringing their cases to court to establish new precedent.

Question 15

Strengths of Courts

Answer 15

-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

Question 16

Limitations of courts

Answer 16

-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

Question 17

The media

Answer 17

The media is a way information is communicated to the public. Traditional media and new media have different levels of intractability

Question 18

How the media influences reform

Answer 18

-Informing and raising awareness
-Assessing levels of community support
-Influencing community opinion on a change in the law

Question 19

Strengths of the media

Answer 19

-Operates under professional journalistic codes
-Can reach a large audience
-Gives people direct access to MP’s
-News stories can expose large issues

Question 20

Limitations of the media

Answer 20

-Radio stations are highly concentrated in their ownership
-Algorithms can influence the media people receive and can be one-sided

Question 21

Victorian Law Reform Commission (VLRC)

Answer 21

A statutory and formal law reform body that investigates and recommends law reform to Parliament

Question 22

How VLRC influences reform

Answer 22

-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

Question 23

Strengths of VLRC

Answer 23

-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

Question 24

Limitations of VLRC

Answer 24

-Parliament is not obliged to implement recommendations
-Inquiries can be time consuming and delay reform
-Can only recommend Victorian law reform and not commonwealth

Question 25

VLRC- Inclusive juries investigation

Answer 25

-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

Question 26

Royal Commissions

Answer 26

The most formal inquiry process into an issue of public concern as a result from a horrible event

Question 27

How Royal Commissions influence law reform

Answer 27

-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

Question 28

Strengths of Royal Commissions

Answer 28

-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

Question 29

Weaknesses of Royal Commissions

Answer 29

-Only established in rare circumstances -Can be very expensive -Government isn't obliged to implement recommendations -Dependent on governments willingness to investigate an issue

Question 30

The Disability Royal Commission

Answer 30

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.

Question 31

The Disability Royal Commission investigation

Answer 31

-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

Question 32

Disability royal commission outcomes

Answer 32

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.

Question 33

Reasons for constitutional reform

Answer 33

-To change Australia's political system -To increase protection of rights -To change Commonwealth's law making powers -To recognise First Nations people

Question 35

Process of referendums

Answer 35

-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

Question 35

Strengths of Referendums

Answer 35

-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

Question 37

Limitations of referendums

Answer 37

-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

Question 38

Factors that influence the success of referendums

Answer 38

-Bipartisan support -How educated voters are on the issue -The nature of the proposal -The willingness of voters to support change

Question 39

1967 Referendum

Answer 39

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.

Question 40

Result of the 1967 Referendum

Answer 40

Overall 90.77% of Australia supported the change and all states had a majority

Question 41

2023 Referendum

Answer 41

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)

Question 42

Result of 2023 Referendum

Answer 42

The referendum was unsuccessful with an overall 40% vote yes and no state having a majority yes.