Law reform Flashcards
Changes in community beliefs, values and attitudes
Beliefs and values of society and communities shift over time. This can result from people becoming more educated about certain issues or, the increased ability seek out information so that they can be informed. As a result, the law has had to change to reflect the views and values of the society in which it serves to maintain relevance.
Changes in technology
Technology can evolve and change rapidly increasing the potential for people to be exploited and harmed through its misuse. As a result of increased cyberbullying, scams and other harmful acts with technology, parliament needs to ensure that law reforms regulate the progression of technology.
Need for community protection
As society grows and becomes more complex, there may be increased instances whereby the community is facing harm. This harm can include physical harm, emotional harm and economic harm. Due to this, law needs to be updated in order to constantly protect the community.
Describe the methods of petitions + requirements to be presented in parliament
Petitions = a document consisting of a collection of signatures from individuals demanding an action or legislative reform that is given to parliament.
- The petition addresses that House in which its being presented.
- States the action being requested for legislative change + reason.
- Contains the details of the person who initiates/organizes the petition.
- Has at least 1 signature.
Describe one example of a petition
A 2022 petition to place pressure on the commonwealth, state and territory govt. to raise the age of criminal responsibility from 10 to 14 years. 211 000 signatures by July 2022.
Describe three strengths of a petition
- Petitions are a convenient and free method of collating support for action, particularly e-petitions.
- The relevant minister is required to respond to all e-petitions in the petition report, which is tabled every few weeks in parliament.
- A petition with a hundred of thousands of signatures will be seen to be more representative of the community and therefor fain the attention of parliament due to the nature of representative govt.
Describe three weaknesses of a petition
- It is ultimately up to the relevant minister to determine if the demands of a petition will be actioned or not.
- Petitions generally need to be about legislative issues that are on the current agenda for parliament to pay sufficient attention to the petitions demands.
- Opposing petitions and multiple petitions on the same topic may reduce or dilute the impact of the issue.
Describe the method of a demonstration
A large gathering of individuals/groups to protest a law or call for parliament to undertake legislative reform, usually conducted in a public space e.g. steps of parliament.
Describe one example of a demonstration
Australian schools strike for climate 2019 - 350 000 students gathered protesting for the govt. to alter its climate change policy to include a 100% reduction in emissions by 2030.
Describe three strengths of a demonstration
- Demonstrations have the ability to cause disruption and can be an effective tool for people to have their demands met swiftly, as exemplified by workers’ strikes.
- Given the representative nature of parliament, parliamentarians should theoretically pay close attention to demonstrations, as a number of their constituents are clearly communicating their desire for change.
- Demonstrations can alert and educate members of society about social, economic, political and legal injustice and the need for law change and, eventually bring change over time.
Describe three weaknesses of a demonstration
- If a successful demonstration is not immediately followed up by further action, momentum for a cause will often fade.
- The disruptions caused by demonstrations can often result in negative media attention, particularly if the issue is considered ‘extreme’ by the media and is against politician’s interests.
- Demonstrations are difficult to organise and are time-consuming, as they require a large mass of people to be in the same place, at the same time.
Describe how courts can be used to influence law reform
-Standing - a party must be able to demonstrate that they are sufficiently impacted by the law + issues of the case to have ‘standing’ to bring a case forward.
-Parties must have resources such as time and money to access the courts.
-The court hearing the matter must be able to est. a precedent and therefor must be a superior court or, parties can consider appealing if they have leave.
-The outcome resulting from a case either be codified by parliament or abrogated which can impact whether the precedent remains.
Outline three strengths of using courts
- Even if a matter is unsuccessful in court, attention may be garnered that can prompt legislative change.
- Should a challenge in court be successful, a court ruling could result in legislation being declared ultra vires or void.
- Judges are politically independent and determine the case based on facts and merits of the case rather than for political gain. pressure.
Outline three limitations of using courts
- Individuals or groups pursuing litigation must hold sufficient standing, whilst also establishing enough evidence to not only bring the case to court but also to have an outcome that is in their favour.
- Except for the high court disputed involving interpretation of the constitution, a judge-made law can be abrogated by parliament.
- Judges are unelected, and their decisions and comments may not necessarily represent the community.
Masson V Parsons
-male donated sperm to friend + believed he would be involved in the childs life.
- Ms Parsons attempted to relocate with child and partner to New Zealand when Mr Masson took matter to court in order to have child remain in Australia.
-case went all the way to the High Court where the term ‘parent’ was interpreted and he was given parental rights.
-precedent = sperm donor who has been actively involved in the childs life is considered a parent and has parental rights.
Describe traditional media
This type of media began during the 19th century in the forms of newspapers + radio broadcast. Traditional media is less interactive and tends to deliver information to users through a linear - sender - message - receiver model. E.g. print newspapers, print magazines, broadcast radio, television.
Describe social media/new media
This type of media began during the 20th and 21st century through digital technology. It includes social media platforms, podcasts, livestreams, virtual reality etc. New media is based around user interaction whereby users don’t just receive the information, they can interact with content.
Outline three roles the media has in influencing law reform
- Informing and raising awareness - by providing people with information, the media allows audiences to be aware and to know about issues in society, politics, legal changes, international matters.
- Assessing levels of community support - the media can assist parliament, govt. , NGOs gauge the level of public support/interest towards a particular issue to influence legislative change.
- Influencing community opinion on a change in the law - the media can provide audiences with different perspectives, opinions and facts which can lead them to change their stance on issue and support/limit support from influencing legislative change.
Outline three strengths of the media in influencing law reform
- Traditional media such as newspapers, television documentaries and radio operates under professional journalistic codes. Therefore, stories and news provided by these mediums will have undergone fact-checking to ensure that materials are accurate.
- Social media, due to its interactive element can allow individuals and special interest groups direct access to MPs and political parties to raise the need for law reform.
- The govt. is fearful of negative representation in the media, in particular mediums in traditional media that are considered more ‘reputable’ and therefore will feel more pressure to reform the law.
Outline three limitations of the media in influencing law reform
- Traditional media such as newspapers, television stations and radio stations are heavily concentrated in their ownership. This means that they are owned by very individuals, for example 82% of Australia’s print media is owned by two companies. This can influence the way information is portrayed to the audience as there can be a high degree of bias due to limited perspective of the owners.
- Social media does not require its users to uphold professional code of conduct when sharing information. As a result ‘news’ shared is not fact-checked resulting in fake news.
- The use of algorithms can influence what people are reading. By predicting what users are likely to stop and read, social media can target them with news stories that only provides a narrow perspective on the issue and limit the number of opinions they are exposed to.
Explain what VLRC is
Is a statutory and formal law reform body. This means it was established through the passing of legislation (Victorian Law Reform Commission Act 2000 (Vic)) with the purpose of recommending law reform to Victorian parliament.
Outline two of VLRC’s purposes
- Members of parliament often lack the time, resources and at time, expertise to undertake thorough investigation of an issue. As a result, parliament may delegate this function to formal law reform bodies to conduct its own investigations and make recommendations for changes in the law.
- When making recommendations to parliament, VLRC should aim to provide parliament with impartial and independent advice and recommendation for change.
Describe two roles of the VLRC
- Receive and analyse the Victorian Attorney-General’s terms of reference - terms of reference contains information about the scope of the inquiry, the particular policy or issue being investigated, the final report due date.
- Investigate minor community legal issues - The VLRC has the power to investigate and provide recommendations to the Victorian Attorney - General about minor issues within broader society without a terms of reference. It may conduct such research and investigations as long as it does not require a significant amount of resources.
Four steps outlining the process undertaken by VLRC to conduct law reform
- project is initiated - the VLRC will receive a terms of reference form the Vic Attorney-General outlining the scope of the project or the VLRC will begin its own community law reform project.
- Consultations and submissions - A consultations paper providing contextual information and investigatory questions is published, alongside a call for community submissions. Extensive consultations are held with experts, affected parties and those who have a special interest in the matter. Additionally, submissions from the community are received and reviewed.
- Govt. response and changes to the law - The Vic govt. has the option to implement the recommendations and make amendments to the law. However, it is not obliged to do so and there is no timeline in which action must be taken.
- Report - The commission prepares a report, including the suggested recommendations for law reform, and presents it to the Vic Attorney-General.
Outline four strengths of VLRC in influencing law reform
- As the terms of reference are received from the Victorian Attorney-General, who is a member of parliament and is an official advisor to the govt. the subsequent recommendations are more likely to be considered and adopted by parliament.
- VLRC can independently initiate projects and investigate matters concerning minor community legal issues without a terms of reference from the Victorian Attorney-General. This enables it to provide recommendations for law reform in areas that are specific to the needs of certain groups and communities.
Outline four limitations of the VLRC in influencing law reform
- The govt. is not obliges to consider or implement any of the recommendations provided by the VLRC.
- Projects can be costly. Given the amount of resources available and funding provided, cost factors may limit the scope of VLRC investigations.
Reasons VLRC began this enquiry
Based upon the 13th person rule, this prohibits any support person being present thereby indirectly excluding jurors with communication disabilities from serving. Ppl with disabilities make up approximately 10% of the overall population, and by excluding those with communication difficulties, juries cannot truly uphold the representative nature of society.
Process - when did it begin, name two groups that they spoke to, how many submissions
- March 2020
- Juries Victoria + blind citizens of Australia
- 14 Submissions from stakeholders + held 29 consultations
