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Legal Studies (year 12) > Law reform > Flashcards

Law reform Flashcards

1
Q

4 reasons for law reform

A
  • Changing values in society
  • Technological advancements
  • Protection of the community
  • Generating changing views
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2
Q

Changing values in society

A

Society has changed dramatically over the last 100 years leading the community to hold different values than they once did.
(views on same sex marriage)
Marriage amendment act 2017

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3
Q

Technological advancements

A

New technology can cause new threats to individuals as new offences develop.
(adding cyber stalking to be a legal offence)
The crimes amendment (stalking) act 2003

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4
Q

Protection of the community

A

As new risk arise new laws must be made to address them in order to keep people safe.
(stricter laws for those who are on bail)
Burke street car attack

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5
Q

Generating changing views

A

Law may act to drive social change, aims to generate greater cohesion in society.
Charter of human rights and responsibilities act 2006

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6
Q

Means of influencing law reform

A
  • Petitions
  • Demonstrations
  • Courts
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7
Q

Petition

A

A written, specific request for change (or no change) to a law, signed by those who support it.

A group of people who organise the petition submit the petition to the ‘HOR (house of representatives) Petition Committee’ who will then present the petition to the house who then may refer it to the relevant minister.

Refereed petitions MUST be responded to in writing within 90 days

People may be invited to talk to the committee in person regarding the petition

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8
Q

Advantages of petitions

A
  • Allows an issue to be directly addressed to parliament

* Can attract large public interest

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9
Q

Disadvantages of petitions

A
  • Parliament has NO obligation to act on the area of concern

* Not as publicly visible as other methods such as the media + demonstrations/protests

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10
Q

Demonstrations/Petitions

A

A group of individuals publicly expressing a desire for law reform.

Generally disruptive in nature, leading to more media attention and greater likelihood that politicians will take action.

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11
Q

Advantages of demonstrations/petitions

A
  • Likely to gain media attention

* Serves an educational function (builds awareness of a need for change)

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12
Q

Disadvantages of demonstrations/petitions

A
  • Can be disruptive + violent, leading to negative media attention
  • Time consuming + difficult to organise
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13
Q

Use of the courts

A

The bringing of a case to the courts to seek a new interpretation of a law.

Provided the case meets the right conditions, individuals may use the courts to change the law through STATUTORY INTERPRETATION + PRECEDENT

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14
Q

Advantages of use of the courts

A
  • Decisions can come into force immediately

* Decisions can be made on the law alone and are not subject to political pressures

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15
Q

Disadvantages of use of the courts

A
  • Requires someone with standing to bring forward the case

* Expensive + time consuming (risky for a plaintiff to bring a matter forward)

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16
Q

Example of petitions

A

GST paid on womens sanitary items

17
Q

Example of use of the courts

A

Eddie Mabo case (terra nullius land)

18
Q

Example of demonstrations/protests

A

letthemstay protest (the holding of immigrants who arrive by boat in off shore detentions centres)

19
Q

What are royal commissions

A

An advisory body appointed by the Government to complete a public inquiry into issues of great importance.
(viewed as the body of last resort)

In the Australian system of government ‘Royal Commissions’ are the highest form of inquiry on matters of public report.

The most important matters that need further investigation that effect a large number of people.

20
Q

Royal commissions

A

Report

  • utilise a range of measures to fully investigate an issue
  • write a final report which includes recommendations for changes to the law or government processes.

Public + expert consultations

  • use community consultations as well as hearings (public or private) to investigate.
  • accept written submissions

Powers

  • ability to compel (force) witnesses and request documents
  • witnesses can be charged with an offence if they fail to comply
  • hearings are similar to that of a court in regard to the evidence and procedures
21
Q

Letters patent

A

the document that essentially starts off a royal commission.

22
Q

Process of a royal commission

A
  1. Referral
    Comes from the ‘crowns representative’ but on the advice of the Government.
    Will include ‘terms of reference’ (time limits + guidelines)

2.Issues paper
Initial research to develop issue paper in line with the terms of reference.
Allows public submissions and expert opinions to be in line with the main issue

3.Public hearings
Witnesses called + questioned by royal commission staff
May also hold private sessions, expert roundtables ect.

4.Recommendations
Royal commission writes their report on the matter.
Report will include recommendations for reform or changes to procedures

5.Response
Parliament decides the extent to which it will accept the recommendations of the report.
NO obligation to accept all recommendations or act of them

23
Q

Strengths of royal commissions

A

Very highly respected by the public

Attract large amounts of publicity therefore increasing awareness of the issue thus increasing public investment

Can investigate into any matter that they wish

24
Q

Weaknesses of royal commissions

A

Very expensive and time consuming

Parliament has NO obligation to act on the recommendations of the royal commission.

25
Q

Victorian Law Reform Commission (VLRC)

A

Victorias leading independent law reform body/organisation established by State and Commonwealth Governments.
*Created by statue

They REVIEW, engage in RESEARCH and make RECOMMENDATIONS to parliament about possible law reform/changes in a impartial manner.

Parliament are NOT bound to follow or implement any of the recommendations made although they are INFLUENCED by the reports.

26
Q

Role of the VLRC

A

Aims to assist the Victorian Government in providing a FAIR, INCLUSIVE and ACCESSIBLE legal system.

They do this by investigating the need for change and providing the Government with impartial advice and recommendations for a change.

Members will engage in community consultations.

Respond to issues and concerns raised by individuals and pressure groups.

27
Q

4 roles of the VLRC

A
  1. Inquiry
    examine and report any proposal referred to it by the Attorney-General this includes conducting research and consultations with the community.

2.Investigation
investigate any relevant minor legal issues that they believe is of general concern within the community and report back to the Attorney General with suggestions for law reform.

3.Monitoring
coordinate law reform activity in Victoria including making suggestions after they have conducted community questionings ect.

4.Education
undertake educational programs and inform the community on any area of law relevant to its investigation.
they have the responsibility to deliver programs to help inform the community about its work. (visiting schools)

28
Q

Processes used by the VLRC

A
  • Undertake initial research and consultations from parties who are effected by the area of law under review.
  • Publishes an issue or discussion paper explaining key issues and poses questions about what aspect of the law should be changed.
  • Holds consultations and discussions, invites submissions (written, online or face to face) from those who are affected by the law and members of the community who are interested (pressure groups, organisations, those with a disability ect)
  • Get expert opinions then publishes their findings in an occasional paper.
  • Publishes a report with recommendations for change.
  • Presents the final report to the Attorney general who then taels it to the Victorian Parliament who then decide wether or not to implement some or all of the changes.
29
Q

Recent VLRC project

A

Medicinal Cannabis! December 2014
Cannabis used to either cure or relive symptoms of medical conditions.
Showing positive effects for those with epilepsy, schizophrenia, type 2 diabetes ect.

30
Q

Medical Cannabis pros

A

Safe and effective treatment for the symptoms of cancer, AIDS

Legal Studies (year 12) (8 decks)

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