Law reform ( chapter 13+14)

Question 1

Explain the reasons for law reform, using examples - changes in beliefs, values and attitudes

Answer 1

Law must keep up with these changes, but not change too quickly that the community doesn’t accept it. Society is constantly evolving and laws must reflect the current society in order to keep citizens agreeing and following it. Examples are increasing vape and e-cigarette laws as well as LGBTQIA+ equality laws.

Question 2

Explain the reasons for law reform, using examples - changes in living conditions

Answer 2

Laws must remain relevant and keep up with social, economic and international living conditions. Social changes prompting law reforms include increase in reported domestic violence, binge drinking, gang-related crimes and online gambling. Economic changes prompting law reforms are technology and globalisation issues, and governmental regulations. International changes in prompting law reforms are increasing global violence, threat of terrorist attacks and international conflict like war.

Question 3

Explain the reasons for law reform, using examples - advances in technology

Answer 3

Technological advancement creates the need for laws to control and regulate new inventions and opportunities, and ones to reduce the likelihood of people being harmed or exploited. For example, the increasing range and use of mobile devices and equipment have created issues that law needs to address like cyber-bulling, cyber-stalking, online scams, invasions of privacy and noise pollution from drones.

Question 4

Explain the reasons for law reform, using examples - a greater need for protection of the community

Answer 4

Laws must make the people feel safe and protect them from harm. Includes all people but especially those who are vulnerable and have specific needs and rights, also includes protection of animals and the environment. Recent law reforms to protect specific groups are The Education and Training Reform Amendment (Protection of School Communities) Act 2021 (Vic), and The Livestock Management Amendment (Animal Activism) Act 2021 (Vic).`

Question 5

Discuss how petitions can be used by individuals and groups to influence law reform, using examples - Explanation

Answer 5

Petitions are a formal written request to the Parliament to take some action or implement law reform.

Question 6

Discuss how petitions can be used by individuals and groups to influence law reform, using examples - Strengths

Answer 6

Petitions enable direct communication with Parliament for individuals or groups to communicate their desire for legislative change to Parliament.

Furthermore, even if a petition doesn’t immediately lead to law reform, it can attract media attention, influencing Parliament to change the law anyway. For example, the 2019 e-petition to the Commonwealth Parliament was calling for the House of representatives to declare a climate emergency and introduce legislation to address climate change, was a large scale petition that generated a lot of media attention.

Question 7

Discuss how petitions can be used by individuals and groups to influence law reform, using examples - Weaknesses

Answer 7

On the other hand, petitions must follow specific rules and regulations to not be disregarded, such as needing to be tabled by a member of Parliament, like how the 2019 e-petition was tabled by independent MP Zali Steggall.

Moreover, petitions may take time to influence change and may not receive ongoing media attention, reducing their effectiveness.

Question 8

Discuss how demonstrations can be used by individuals and groups to influence law, using examples - Explanation

Answer 8

A demonstration is a gathering of people to protest or express their common concern or dissatisfaction with an existing law as a means of influencing law reform.

Question 9

Discuss how demonstrations can be used by individuals and groups to influence law, using examples - Strengths

Answer 9

Demonstrations have the ability to increase visibility and raise awareness about issues. Large-scale protests, especially those covered by the media, can influence law reform by drawing attention to problems that may be overlooked otherwise.

Furthermore, demonstrations involve the unity of many community members, making the issues they are raising hard to ignore.

Question 10

Discuss how demonstrations can be used by individuals and groups to influence law, using examples - Weaknesses

Answer 10

On the other hand, demonstrations risk negative media coverage, dividing the community and Parliament, leaving successful law reform unlikely.

Moreover, demonstrations lack immediate impact and must occur multiple times to pressure Parliament into making law reform.

Question 11

Discuss how the courts can be used by individuals and groups to influence law, using examples - Explanation

Answer 11

Individuals and groups can influence a change in the law through a judge’s decision by challenging the validity, meaning or fairness of an existing law in the courts.

Question 12

Discuss how the courts can be used by individuals and groups to influence law, using examples - Strengths

Answer 12

Courts can verify vague or outdated laws, being able to ensure they align with the current values and needs of the community. In the Masson v Parsons case, the High court expanded the definition parentage to broaden the previously narrow definition under NSW state law.

Furthermore, a court ruling can prompt lawmakers to reconsider and change existing law to reflect new interpretations or societal changes, like how the High court’s decision set a precedent for cases involving sperm donors and parental rights.

Question 13

Discuss how the courts can be used by individuals and groups to influence law, using examples - Weaknesses

Answer 13

On the other hand, challenging law through the courts can be costly and complex, limiting some individuals ability to do so, in this case Ms. Parsons and her partner incurred in excess of $800,000 in legal costs.

Moreover, courts can only make rulings based on current legislation and their ability to interpret it, only being able to make common law and establish precedents in line with the existing legal framework, limiting the scope of legal change.

Question 14

Analyse the role of media, including social media, in law reform, using examples

Answer 14

The Australian media plays a crucial role in law reform by investigating issues, shaping public opinion, and influencing lawmakers. This impact comes through social media, as well as print and broadcast media. Print media like newspaper and TV expose issues and injustices, generating public outrage to push for legal change. Media coverage and surveys can define community views, influencing lawmakers to consider law reform based on community support or opposition. Moreover, Social media can enable immediate reporting, influencing law reform while allowing direct communication between the public and lawmakers. On October 21, 2019, Australia’s major newspapers blacked out their front pages to protest against legislation seen as restricting media freedom, this raised community awareness and pressured lawmakers to law reform. Additionally, influential documentaries ‘KaChing! Pokie Nation’ exposed harm caused by poker machines and ‘Blue’ highlighting environmental damage to oceans and the Great Barrier Reef, both advocated and led to law reforms.

Question 15

Evaluate the role of the Victorian Law reform Commission in influencing law reform and include one recent VLRC inquiry example (VLRC) - Explanation

Answer 15

Victorian Law Reform Commission (VLRC) is Victoria’s leading independent law reform organisation. The VLRC reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws.

Question 16

Evaluate the role of the Victorian Law reform Commission in influencing law reform and include one recent VLRC inquiry example (VLRC) - Strengths

Answer 16

In line with the aim, the VLRC can measure community views on areas of investigation by holding consultations and receiving public submissions, and then reflect them in recommendations, upholding an inclusive legal system. The VLRC’s inquiry into making juries more inclusive highlights its role in reflecting community views and maintaining objectivity.

Furthermore, as the VLRC is independent of Parliament and political parties, it can remain objective and unbiased in making its recommendations. The VLRC’s independence from political pressures allowed it to focus solely on the needs of potential jurors with sensory impairments without being swayed by political agendas.

Question 17

Evaluate the role of the Victorian Law reform Commission in influencing law reform and include one recent VLRC inquiry example (VLRC) - Weaknesses

Answer 17

On the other hand, the Victorian Parliament is not forced to support or adopt any of the VLRC’s recommendations for law reform, restricting VLRC’s ability to improve the legal system.

Moreover, the VLRC is limited by how many projects it can undertake at a time, and can only initiate investigations without a reference if it will not use too many resources. Therefore, its ability to investigate issues without a reference from the Attorney-General is limited. In the case of the jury inclusivity inquiry, the VLRC had to manage its resources carefully while addressing this important issue.

Question 18

Evaluate the role of Royal Commissions in law reform and their ability to influence law reform, including one recent Royal Commission inquiry - Explanation

Answer 18

Royal Commissions are major public inquiries established by the government to investigate an area or matter of public importance or concern in Australia. The Royal Commission into the Robodebt scheme is a recent example of how Royal Commissions can influence law reforms.

Question 19

Evaluate the role of Royal Commissions in law reform and their ability to influence law reform, including one recent Royal Commission inquiry - Strengths

Answer 19

Governments can use the findings and recommendations of Royal Commissions to justify making changes in the law and government policy. In this example, the Commission’s final report, in July 2023, provided a detailed analysis and made several vital recommendations.

Furthermore, Royal Commissions can measure community views on areas of investigation by holding consultations and receiving public submissions, during the Robodebt Royal Commission, there were written and oral submissions sent from the public.
(public views them with high regard as they are very professional and thorough with their investigation)

Question 20

Evaluate the role of Royal Commissions in law reform and their ability to influence law reform, including one recent Royal Commission inquiry - Weaknesses

Answer 20

However, there is no obligation for Parliament to support or introduce legislation which adopts any of the recommendations made by Royal Commissions, although the Robodebt scheme led to some recommendations being considered, some were dismissed. (be stupid of them not to though)

Moreover, the ability of Royal Commissions to influence law reform depends on the timing of its reporting and its time of reference. (and it is costly)

Question 21

Explain the reasons for constitutional reform using examples - to recognise Australia’s First Nations people

Answer 21

The Australian Constitution has historically lacked recognition of First Nations people, who have lived on the continent for over 65,000 years. Prior to 1967, it explicitly excluded them from the national population, leaving their affairs to individual states, leading to inconsistent laws. There have been calls to amend the Constitution to include a First Nations Voice to Parliament and to honor First Nations people, though previous attempts, like the 1999 referendum have been unsuccessful.

Question 22

Explain the reasons for constitutional reform using examples - to increase the protection of rights

Answer 22

The Australian Constitution contains five express rights that limit the Commonwealth Parliament’s law-making powers, such as the prohibition of laws restricting religious practice under section 116. However, these rights are narrow and primarily serve as restrictions rather than broad protections. Most rights in Australia are safeguarded by statute or common law rather than the Constitution. There have been calls to amend the Constitution to better protect democratic freedoms or to clarify or broaden the existing express rights.

Question 23

Explain the reasons for constitutional reform using examples - to change the Commonwealth’s law-making powers

Answer 23

The Australian Constitution allocates law-making powers between the Commonwealth and the states, with specific powers assigned exclusively to each and others shared. The Commonwealth has proposed constitutional changes in the past to extend its powers in areas such as company regulation and aviation, but many proposals were rejected. However, a 1946 proposal to expand federal authority over social services was successful. There have also been suggestions to reduce Commonwealth powers, such as removing the controversial “race power” in section 51(xxvi), which allows laws affecting different races and has been criticized for enabling potential racial discrimination.

Question 24

Explain the reasons for constitutional reform using examples - to reform Australia’s political system

Answer 24

A final reason why there may be a need to change the Australian Constitution is to reform our political system. In particular, there have been suggestions to change the Constitution in relation to the timing of federal elections, to allow more people to be members of the Commonwealth Parliament, and to substantially change our political system so that it becomes a republic. Some of the suggestions include extending the term of the House of Representatives from three to four years, and altering the terms of the Senate, which was proposed but rejected in 1988

Question 25

Explain Parliamentary approval

Answer 25

Any proposed change to the Australian Constitution must first be introduced and passed in the Commonwealth Parliament. Therefore, the Commonwealth Parliament has the overall power to decide whether to introduce a change to the Constitution.

Question 26

Explain the Double-majority requirement

Answer 26

For a referendum to succeed, it must meet the double majority requirement: a majority of voters nationwide and a majority of voters in at least four of the six states must vote ‘yes.’ This ensures that smaller states have an equal voice in the decision, preventing larger states from dominating the outcome.

Question 27

Explain the factors affecting referendum success - whether there is bipartisan support for the proposal

Answer 27

A factor affecting the success of a referendum is Bipartisan support, which refers to approval by two or more political parties, typically from the Australian Labor Party and the Liberal Party in Australia. It is crucial for the success of a referendum, as it often influences voter approval. Without support from major parties, opposing campaigns can sway voters, who may rely on their preferred party’s stance to guide their vote.

Question 28

Explain the factors affecting referendum success - whether the voters themselves are seeking change

Answer 28

One factor that can affect the success of a referendum is whether the people themselves support and actively promote the change, or whether it is owned and supported by the government itself. If voters themselves are driving the change, they may be more willing to vote ‘yes’.

Question 29

Explain the factors affecting referendum success - the nature of the proposal

Answer 29

A factor affecting the success of a referendum is whether the proposed change is straightforward and accessible or complex and difficult to understand. If the people do not understand the proposed change they will be more likely to vote ‘no’, leading to an unsuccessful referendum. Conversely, being more inclined to vote ‘yes’ if the proposal is clear, sensible and straightforward.

Question 30

Explain the factors affecting referendum success - education about the proposal

Answer 30

The Australian Constitution is rarely the subject of mainstream media analysis, and the general public has very little knowledge of the Constitution and government and parliament structures. This can create challenges when voters are asked to consider changing something they know very little about. Effective success in a referendum often relies on a strong information and education campaign that clearly explains the proposed changes and addresses both the ‘yes’ and ‘no’ cases, especially given the influence of social media and potential misinformation.

Question 31

Discuss the significance of the 1967 referendum - Explanation

Answer 31

In 1967, a referendum was put to the people about whether to change the Australian Constitution in relation to Aboriginal people. The change would have resulted in allowing the Commonwealth to make laws about First Nations people, and would have allowed First Nations people to be formally counted in the national census. The proposed change was unanimously passed in the Commonwealth Parliament.

Question 32

Discuss the significance of the 1967 referendum - Strengths

Answer 32

The 1967 referendum saw strong public backing, largely due to the proposal being driven by decades of First Nations advocacy, which fostered a sense of ownership and commitment among voters.

Furthermore, the successful referendum allowed for significant legislation, such as the Native Title Act 1993, which allowed First Nations people to claim land rights and led to the nullification of discriminatory state laws.

Question 33

Discuss the significance of the 1967 referendum - Weaknesses

Answer 33

On the other hand, the referendum’s success was partly due to the absence of a strong ‘no’ campaign, which resulted from bipartisan support. This lack of opposition may have led to a less debate of the proposed change and might not have fully considered potential concerns or alternative perspectives.

Moreover, despite the constitutional change, the Commonwealth was slow to address state law inconsistencies, showing that constitutional amendments do not always translate into immediate policy action.

Question 34

Describe possible future constitutional reform - The Voice to Parliament (Not on Sac)

Answer 34

Over the years, First Nations people have advocated for Constitutional recognition and political representation, culminating in the 2017 Uluru statement from the Heart. This statement called for a Constitutionally enshrined First Nations Voice to Parliament to provide input on relevant laws and policies, as well as the establishment of a Makarrata Commission for treaty negotiations and truth-telling. On June 19, 2023, Parliament passed the Constitution alteration 2023, allowing for a referendum to decide on including this Voice in the Australian Constitution. This referendum was ultimately unsuccessful after receiving a majority “no” vote by the Australian public.