Law reform SAC4B Flashcards
name 4 reasons for law reform
changing community values
changing nature of tech
changing expectations of the legal system
protection of the community
changing community values as a reason for law reform
shfit in what the community deems as norm when it comes to beliefs, morals and ethics. the values and beliefs determine what is considered just and fair in society
eg. legal abortion, samesex marriage
changing nature of technology as a reason for law reform
efficient and fast development in tech for commercial purposes causes law to fall behind and need to catch up. When this happens, peoples safety may be at risk as tech can cause harm. Ensure use of tech does not infringe on rights nor cause harm
eg. sophistication of phone camera, social media, drones and privacy
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changing expectations of the legal system as a reason for law reform
the way community views law has changed form regulating behaviour and identifying norms/expectations to upholding rights, protecting from harm and bringing justice
eg wearing masks., scam watchdogs
petitions as a method to influence law reform
formal requests for parliament to change/intord a law based upon a collection of signatures from individuals are support the intiative
epetitions are signed online, this is more effective in reaching a younger audience
MPs are obligated to present to the house, but are not obligated to act upon them
strengths of petitions
easy way of showing support
epetitions are efficent
MPS are obligated to present
cheap and easy to organise
weaknesses of petitions
members of parl are not obligated to act upon
can be ignored/ have minimal impact w not a lot of power
epetitions don’t capture everyone
authenticity of epetitions are questionable w robots
demonstrations
large gathering of people in a public place to show disapproval or support of a law/chnage
eg protests for lockdowns, teacher, nurse strikes
strengths of demonstrations
quickly gain gov attention
increase awareness may cause social change
draw attention b/c public so can hold gov accountable
gain media attention
weaknesses of demonstrations
public dirbution, may turn people off the cause
time consuming
negatively impact daily lives
people can get hurt
may lead to misuse of police resources
how are the courts used as a method to initiate law reform?
establishing a precedent through test case, if no legislation take a case to court. the decision forms precedent.
seeking clarification on phrases in act, take matter where judges can interpret wording to clarify/update the meaning
challenge validity of legislation, parl can only act within jurisdictional boundaries, if beyond lawmaking powers court can declare legislation ultra vires. parl cannot abrogate if const matter eg roach
strengths of using courts as a way to initiate law reform
sup courts can set binding precedent
obiter statements can draw parliament attention to change law
even if unsuscc, gain attention of com
if constitutional parl x abrogate
weaknesses of using courts as a way to initiate law reform
requirement of standing
cost of bringing a matter to court esp in high crt
time of bringing court to court
may require legal expertise
parl can abrogate
judges may be prejudicial
traditional media
non digital
high number of audiences as it has been established for lengthy period
trustworthy
information is more controlled
limited audience interaction
traditional media benefits
ability to examine, discuss and inform ppl apt legal issues, news can be accessible accessed by millions
segments on news about need for law reform, outline policy stance on law reform so held accountable
the investigate problems in communities to inform public of injustices
traditional media limitations
trad forms may not always be unbiased/independent and my present views that align w owners
news may manipulate content to alter comm perception of an issue
more broadcasting time is given to groups which support views similar as owners
new media
digital media
lower audience with older groups
less trustworthy
less controlled
high audience interaction
new media benefits
social media can generate and raise awareness on legal issues at a large scale
generate great interest and awareness of legal issues
connects people around world and can create global movementss
give individuals direct access to political parties and local members to gain insight into their view on legal issue
new media weaknesses
generally ppl don’t follow ethics code, may not be accurate or authentic information being shared
highly visual, may present a complex legal issue in simplifies matter
excessive exposure can cause ppl to be overwhelmed/ deterred form issue
owners struggle to prevent inaccurate stories being mass shared
indirect pressures
an individual or groups that exist outside of parliament
formal pressures
institutions or organisations funded by parliament
VLRC is a formal pressure b/c includes research and consultations it is a formal pressure
VLRC
a staturory body, independent govt-funded body which develops,, monitors and coordinates law reform in Victoria
purposes of VLRC
examine, report and make recommendations to AG on any proposals or matters relating to law reform in vic
improve the operation of the legal systems by ensuring laws meet community needs
education the community on its operation
where do ideas for law reform connection
a formal reference form attorney general
the commission decides to bring a law reform project
VLRC process
stage 1- a problem requiring law change arises and AG provides a reference to VLRC
stage 2- VLRC begins initial research into challenges/problems + male an initial report to outline these problems and make community aware
stage3- VLRC begins their consultation stage- holding roundtable meetings/ consulting,
stage4- final report for parliament with its findings and recommendations, tabled in parliament
impact of findings
parliament implement all recommendations made by vlrc
parliament implement some of the changes made by vlrc
not implement any changes at all
strengths of VLRC
can measure community views on areas and reflect them in its recommendations, to maintain and increase voters support generally implement law reforms which reflect views of people
vlrc, implement of parliament is unbiased and objective recommendations
vlrc can make recommendations on minor legal issues w/o reference from AG
VLRC can be high ly influential on vic parl, eg 70% of recommendations are implemented
weaknesses of VLRC
limited for larger investigations by requiring AG refrence
limited in terms of ref= only areas incl in refrences
VLRC is investigated in time consuming avg 12-24 months
VLRC is limited by resources can only undertake invest into minot legal issues
only victorian law changes x commonwealth x directly recon vic parl change Cth law b/c how power to
stage 1 of inclusive juries VLRC
a problem arose in the community in 2020, with community desire for change with advocacy groups and recent challenges in law re adjustments for jury service. VLRC wrote its own terms of reference
stage 2 of inclusive juries VLRC
a initial report commenced with preliminary consultations with small stakeholders incl courts, academics and legal professionals and published initial research in consultation paper to make the community aware of why reform was needed and invite com to make submissions
stage 3 of inclusive juries VLRC
begins consultation stage where spoke to ppl who are deaf, hard hearing, blind of low vision along w stakeholders, submissions and surveys were collated
stage 4 of inclusive juries VLRC
published a final report with findings and 53 recommendations about how to enable those w disability to serve on jury,
recommendations include-
examples o adjustments incl Auslan interpreters, assistance animals, hearings loops, braile
abolish 13th person rule so doesn’t apply to Auslan interpreters and support people to work alongside jurors
disability awareness training for legal staff
results given to AG in 2022, tabled in 2023- no changes to legislation yet
what is a royal commission and what is its purpose
is a formal inquiry into an area of public concern upon recommendations of the crown
aims to investigate the causes and reasons that had lead to an area of public concern and to gather evidence to support findings and make recommendations on law reform.
how are RC established
Royal commission act 1902 cth
established by executive branch via governor/ general, the advice is from relevant ministers and mPS
RC process
s1- an issue of concern is identifies and gg issues a letter patent outlining terms of reference, time rc is report, who will chair rc and scope of investigation
s2- gather information and determine cases incl coercive judicial procedures, incl summoning and cross examining witnesses. applying for warrant to search and seize evidence, subpoena a witness
s3- findings of rc are published in report, submitted to gg, tabled in parliament; however, no requirement for palr to adopt
Royal Commission into Aged Care Quality and Safety 2018-
in resins to com concern about reports of aged care violence, neglect, sexual abuse, exploitation, and death
lasted 28months incl 641 witnesses, 10500 public submissions
made 148 recommendations
Royal Commission into Aged Care Quality and Safety 2018
3 recommendations
a new act the aged care 1997 Cth should be reported with a new act incl a new def of aged care
regulation of restraints, including an independent excerpt assessment and requiring ongoing monitoring
national registration scheme incl madatatory cert3, ongoing training, code of conduct
strengths of RC
raise community awareness and interest in area of comm concern
b/c govt intimate a rc then may be more likely to act upon
independent of parliament, remain objective and unbaised
have power to enforce anyone to give evidence
limitations of RC
can be used by parl to avoid getting on wit difficult legislation
time consuming avg 2-4yrs, and costly up to 60 mill
parl have no obligation to act upon
dependent on bipartisan support
parliaments ability to respond to change
strengths
can make law at any time
parliament is democratically elected
can undertake comprehensive law reform
provides for debate and scrutinity
delegated lawmaking
parliaments ability to respond to change
strengths]
parl can make law at any time
unlike courts where must wait for a case to come before them, parliament can legislate at any time. this also includes ability to legislate in future meaning can make a law if forsee a problem arising
parliaments ability to respond to change
strengths
parl is democratically elected
MPS are obliged to act in a way that responds to the views and wants of the people
eg drafting legislation to punish offensive behaviour post police killing being filmed
parliaments ability to respond to change
strengths
parl can undertake comprehensive law reform
can establish committees and has formal law reform bodies which conduct research, consult and investigate changes into the law, this can ensure any changes are effective in meeting the communities needs eg VLRC and ALRC
parliaments ability to respond to change
strengths
parl provides for debate and scrutiny
leg process has many stages allowing for mPs to be informed about proposed changes and to express their views, these debates are broadcasted so public are also informed
parliaments ability to respond to change
strengths
delegated lawmaking
parliament can hand over some lawmaking powers to other bodies eg cat to resolve minor civil disputes and VCAA, this allows parl to focus on prioritising areas of law reform which impact state or nation
parliaments ability to respond to change
limitations
electoral pressures
delegating lawmaking powers
delays in lawmaking
impact of party politics
slow change
parliaments ability to respond to change
limitations
electoral pressures
parl may be reluctant to act on controversial uses due to gov wish to remain in gov next election, here MPs may be reluctant to take a stance on matter if there is no dominant community view
parliaments ability to respond to change
limitations
delegating lawmaking powers
parl likely fail to supervise delegated bodies, this can cause confusion for people in laws and can create inconsistencies
parliaments ability to respond to change
limitations
delays in lawmaking
parl on can change law on days which parl is sitting, parl is only sitting 40-7o days per year, limiting the ability to change law
parliaments ability to respond to change
limitations
impact of party politics
MPs are expected to represent the views of their people in electorate, but also pressure to vote along party lines which may contradict views of electorate
parliaments ability to respond to change
limitations
slow to change
because changing a law includes various stages then this includes time, this is time consuming and results in delays. which may prevent society from progressing
courts ability to respond to change
courts are independent of parl
judges are independent so don’t face fears of being re elected so can act more judicial activist and progressive eg Mabo case
courts ability to respond to change
courts can bring legislative change
judges can adopt a judicial activist role and can lead to statutory changes, a legal ruling can bring about change in legislation
courts ability to respond to chane
courts decisions promote consistency
doctrine of present w stare decisive so look back upon previous cases so can predict outcome and is consistent
courts ability to respond to change limitations]
a case must come before the court for judicial action
can only influence a change if a case comes before the court and needs to be in a superior court for greater flexibility
courts ability to respond to change limitations
decisions are undemocratic
don’t have to reflect the views and values of people nor community views and come from narrow SES group and impact their ability to reflect community values
courts ability to respond to change limitations
taking a case can be time consuming and expensive
some may x have resources to pursue the matter unless gain support eg pro bono work eg roach
