law reform U4AOS2 booklet one Flashcards
lesson one
define law reform
- a change or amendment in the law to align it with modern societal needs & values
lesson one
what are the three reasons law reform is needed?
- chg in comm beliefs, val & attit
- chgs in tech, also known as techno advancement
- the need for comm prot
lesson one
expain the reason for law reform - changes in community beliefs, values & attitudes
- in any soceity, bel, val & atti chg over time.
- comm val chg as knowledge increases & soc bec more educ & aware.
- as a res, if the law is to remain relevant & accep to the maj of ppl, it must keep up w/ & refl the views, val & ethical princ in the wider comm
lesson one
explain the reason for law reform - changes in technology / technological advancement
- techno is const improving & opening up possibilities that have x prev been imagined.
- this incring range & use of mobile devices & equip have created the potential for people to be harmed through the misuse of tech, for inst thr cyber-stalk
- as tech dev & improv, laws need to be alt & upd to refl the dev, reg use & prt those who may be vuln
lesson one
explain the reason for law reform - need for community protection
- law ref must continually occ to make sure indiv & diff grps w/n comm are prot & feel safe
- one of maj roles of law is to prt indiv from harm, to which can incl phys, emot or econ harm
- laws tlf need to be chged in order to try & overc this threat to the wider commun as a whole
lesson one
explain the reason for law reform - changes in social conditions
- as aust’s pop grows & chgs, some laws need to chg to ensure all can live together & maintain basic stan of living.
- social chgs over 25 yrs incl pop. will grow & that the ave life expect. will incr to 87 yrs. –> implic for law ref in areas incl health care, taxat., & environ.
- incr pop –> incr crime & need for improv. law enform.
lesson one
explain the reason for law reform - changes in economic conditions
- aust eco = contin chging
- govt need to monitor & chg laws that reg. the buying, selling & prod of gs & ss across diff areas of the eco = banking / fina / min / agric
lesson one
explain the reason for law reform - changes in international conditions
- chging int circ or glb events often infl law reform
- e.g. incr global vio & thr of terr att
- ano = int confl = wars –> rise is glb ref& can plc press on glb supp of good = oil
- cth govt monit bth so it can alt laws if nec = anti-terr & migr laws
lesson one
what is an example of changes if social conditions?
- prompting law reform –> online gambling
- = using the internet to place bets, incl. websites, apps, online games & poker machines & sports betting
lesson one
what is an example for a need for community protection?
lesson one
what is an example of changes in technology / technological advancement?
- incid at BM highsch in which alt images of num. female students were made and transmitted w/o consent
- as a result leg on the use of deep fake images was addressed thr amend. being made to the Criminal Code Act 1995
lesson two
what are the methods used by individuals & groups to signify their desire for change?
- petitons
- demonstrations / protests
- the use of courts
lesson two
define petition
- a document consisting of a collection of sig. from indiv demanding an action or legislative reform is given to parliament
- only way indiv can directly put their conc / compl bef parl
lesson two
what are the rules for formal petitons to be presented in parliament?
- the pet. add the house in which it’s being pres.
- states the action being req for legisl chg & reas
- cont the det of the person who init / org the pet
- has at least 1 sig
lesson two
what happens if a petition meets the rules?
- it will be certif & pres in the house
- once pres bec prt of parl offic rec –> min have a certain time to resp
lesson two
what are e-petitions?
- electronic petitions = alws indiv to sign their name to show supp for a cause via an onli platf
- most cmm meth of gath sig used today
- to be eff still needs to make its way to parl
lesson two
what is an example of a petition?
lesson two
what is an example of an e-petition?
lesson two
what are the strengths of petitions?
- convient & free meth of collating supp for action = partic e-pet
- rel min = reqto resp to all e-pet in pet rep = tabled every few weeks in parl
- pet w/ many sig can succ raise awarness about issue w/n med & comm even if leg chg = x act
- pet w/ hundr of thous sig = seen be more rep of the comm & t/f gain att of parl due to ntr of rep govt
- art of creating pet & gath sig = gen pub awar on iss –> incr supp for des leg chg = reinf thr soc med camp
lesson two
what are the limitations of petitions?
- parl = unlk to call for law ref if pet x have many sig / high lvls of comm supp = diff to attain enough sig on a pet to conv parl law ref is req
- ulti up to rele min to det if dem of pet = actioned or x
- pet gen need to be about leg issues = curr agenda for parl to pay suff attention to the pet dem
- priv reas = ppl rel put name & addr / email on pet
- to be pres in parl = must adh to cert rules
- parl rec hundreds of pet each yr & x guara / compul for sugg law ref to be adopt
- oppo pet & multi pet on same top –> red / dil imp of issue
lesson two
define demonstrations / protests / rallies
- large gathering of indiv / grps to prt a law or call for parl to undertake legisl ref usually conducted in a pub space (e.g. steps of parl)
lesson two
what are the features of demonstrations?
- a coord & org meeting of ppl to show supp / push for leg chg over a cause
- the gath gen occurs in pub
- inv a sp that addr the med to decri what chg is needed
- design to draw pub atten / cause inconven
- can be viol
lesson two
what are the strengths of demonstrations?
- have abil to cause disrup
- can be eff tool for ppl to have their dem met swiftly –> workers strikes = train drivers / teachers
- given rep ntr of parl = parl shld theo pay close att to demon as a no. of their constit are clearly comm their des for chg
- lrg peaceful dem attend by thous / hundr of thous of ppl may demon to parl that the maj of ppl supp chg in the law
- dem = alert & edu memb of soc bout soc / eco / pol / leg inj & need for law cchng –> event bring chg over time
lesson two
what are the limitations of demonstrations?
- if succ demon x imm fllw by further action –> momen for a cause will oft fade
- disrup caused –> oft res in neg med att part if issis consid ‘extreme’ by the med & is against pol int
- dem = diff to org & tim-cons b/c req large mass of ppl in same plc at same time
- no of ppl = attend demon may aff abil to infl law ref e.g. few ppl –> x gen int / awar / med atten
- if dem causes widespr inconv for the comm (blocking roads) or trns viol –> turn many ppl against the cause
lesson three
how do courts influence change in the law?
indiv & grps w/ st can infl law ref by bringing their cases to court as this may lead to the est of new prece
lesson three
what are the requirements for individuals & groups to bring their case to court & help the courts to influence law reform?
- st
- parties must have res = time & $ to access courts
- court hearing the mtt must be able to est. a prece & t/f must be a sup court or parties can consid appealing if they have leave
- outcome res from case either be cod / abro by parl which can imp whether the prec remains
lesson three
what is standing?
- a party must be able to demon that theur have suff imp by the law & issues of the case to have ‘sting’ to bring a case forward
lesson three
evalutating the use of courts to influence law reform - strengths
- courts may est new prec when case br bef them
- parl may cod c.l prin into stat law
- even if mtt = unsucc in court att may garned = prompt legisl chg
- should a chall in court = succ a court ruling could res in leg being dec u.v & void
- j’s comm made in court or via ob.dic statements = enc parl to chg law
- js = pol indep & det case based on facts & merits of case rth than for pol gain / press
lesson three
evaluating the use of courts to influence law reform - limitations
- indiv or grps purs liti must hold suff sting whilst also esting enough evid to not only bring but also have outcome in favour
- purs lit = extre expen & time-cons –> av person may = det from purs iss thr courts
- seeking app trial dec req perm / leave = x auto & add $ assoc w/ app mtt
- excep for HC disp invo int of cst j-made law = abro / can parl
- j = un-ele & dec & comm may x nec rep comm
lesson four
what is the media?
- the way infor is comm to pub
- methods infor = comm = mediums = newspap, podcasts
lesson four
what are the two broad categories of the media?
- traditional media
- new media
lesson four
what is traditional media?
- less interactive
- tends to deliver infor thr a lin - sender - message - receiver model
- e.g. print newspapers, broadcast radio, television
lesso four
what is new media?
- began thr dig tech = soc med platforms / podcasts / livestreams / virt reality
- based around use interaction whereby users x just receive infor –> can interc w/ content
lesson four
what are the three main roles that the media can play in influencing law reform?
- informing and raising awarness
- assessing lvls of comm supp
- infl comm opinion on a chg in the law
lesson four
explain the role of the media,
informing & raising awareness
- by prov ppl w/ information the med allows aud to be aware & to know about issues in soc, pol, leg chgs, int matts
- for inst thr tv adds –> med = reach gr no. of ppl = helping to create knowledge (on topic) –> from gen infor –> incr supp for leg chg can dev, intiating action of that thr signing pet & em mps to …
lesson four
explain the role of the media, assessing levels of community support
- the media can assist parl, govt, NGOs gauge the lvl of pub supp / int twds a part. issue to infl leg chg
lesson four
explain the role of the media, influencing community opinion on a change in the law
- the med can prv auds w/ diff pers, opinons & facts which can lead them to chg their stance on an issue & supp/lim supp from influ leg chg
lesson four
what is an example of the media informing & raising awareness?
- thr 7 30 news rep docum = inform on the current state of sheep export = harsh treatement –> awareness –> gr momentum for alt in the laws about sheep export –> pressue from pub on to parl to ensure compliance
- ppl may show supp twds = sign pet of engaging w/ mps about chg
- = parl passes fed govts leg to ban live sheep exports by sea by 2028
lesson four
evaluating the role of the media to infuence law reform - strengths
- trad med = op under prof journ codes –> stores = undergone f-chk –> ens acc
- soc med allw ppl to cap events to large aud in real time e.g. police brutality –> gain supp for law reform in areas
- soc med b/c its inter ele all indiv & spec int grps dir acc to MPs & pol part to raise the need for l.ref
- govt = fearful of - rep in med = part in trad med = cons more repu –> t/f more press to ref law flwing in-dep news docum = expo troub iss
- soc med alw MPs & loc mem of parl to gain dir acc to their constit thr comm & ‘tags’ being made
- print & broadc med = used infl comm supp about iss = cond invest & rep on news stories / tv prog = prompt govt to act
- tel, newsp & rad = still maj source of news w/n comm = acc by mill of aud each day
lesson four
evaluating the role of the media to influence law reform - limitations
- trad med = heavily conc in their ownersh = owed v few indiv (82% aust print med = owned by two comp - news corp) –> infl way infor is portr to aud b/c high deg = bias b/c lim persp of owners
- soc med = tiktok x req users uphold prof code of conduct when sharing infor –> news pres = x f-chk by prof sources –> aud = fake news / inacc infor
- use of algor can infl what ppl are reading & by whom = by predic what users likely to read soc med = target w/ news stories = only nrr persp on iss –> lim no. of opin exp to
- some trad med = $
lesson five
what does VLRC stand for?
Victorian Law Reform Commission
lesson five
what is VLRC?
- stat & form law ref body
- this means it was est thr passing of leg (VLRC Act 2000 (vic)) w/ the purp of rec law ref to vic parl
lesson five
what is the purpose of VLRC?
- memb of parl often lack the time, res & at time the expert to undertake thoro invest of an issue –> as a res parl may dele this funct to formal law ref bodies to conduct its own invest & make recomm for chgs in the law
- when prov rec to parl VLRC should aim to prv parl w/ imp & indep advice & rec for chg
lesson five
what are the three roles of the VLRC?
- rec & ana the vict attorney-gen’s terms of ref
- invest minor comm leg issues
- prov edu prog
lesson five
describe the role of VLRC - receive & analyse the vic att-gen’s terms of reference
- the VLRC must examine, rep & prov recomm about mtts ref to the comm by the vic att-gen
- the terms of ref docu contains inform about = scope of the inquiry / part issue or policy being invest / the final rep due date
lesson five
describe the role of the VLRC - investigate minor community legal issues
- VLRC has pwr to invest & prov recomm to vic att-gen about minor issues w/n broader soc w/o a terms of ref
- may conduct res & invest as long it does x req a sig amount of res
- such invest are known as comm law ref proj
- these proj still have a terms of ref h/w these terms are est by the VLRC itself as opposed to vic att-gen
lesson five
describe the role of VLRC - provide educational programs
- VLRC prov edu mat to comm to inform indiv about its proj, gen work & other areas of rel law
- these res can be found online in multiple formats & are access to entire comm
- addit VLRC offers pres to schools & has tailored stud-spec res = found on web
lesson five
what are the processes involved in VLRC projects? how does the VLRC make its recommendations?
- a project is initiated
- intial research & consultations
- consultations & submissions
- report
- tabling
- govt resonse & chgs to the law
lesson five
explain the process of VLRC - consultations & submissions
- consul paper prov contextual inform & investig qs is pub, alongside a call for comm submissions
- extensive consult are held w/ exp, aff parties, & those w/ spec int in mtt (stake holders)
- sub from comm = sub by anyone = dig / written / oral = rec & rev
- liase
lesson five
explain the process of VLRC - govt response & changes to the law
- the vic govt has option to implem the recomm & make amendments to the law h/w = x obliged to do so & there is x timeline in which action must be taken
lesson five
the ability for vlrc to influence law reform - strengths
- t.of.r = rec from vic att-gen = MP & is off advi to govt –> subseq rec = more likely to be consid & adopt by parl
- vlrc = indep init proj & invest mtts conc min comm iss w/o t.of.r from vic att-gen –> enables vlrc prov recomm to l.ref in areas spec to needs of certain grps & comm e.g. incl juries
- thr proc vlrc inv subm from comm & cons various parties t/f parl l-making = centred around its rep ntr & govt more likely to resp to l.ref if widespread conc agst comm to ensure laws refl v & v of the maj & pol more motiv to adopt recomm for l.ref in areas where there is high comm supp for chg to maintain voter endorsement
- vlrc = indep of pol parties & can rev laws on controv mtts objectively & deliver a set of recomm for l.ref to parl based on its in-dep res, exp opin & v’s of those who make subm
lesson five
the ability for vlrc to influence law reform - limitations
- govt = x oblig to consid / imple any of recomm prov by vlrc
- vlrc = lim by t.of.r = only conduct res & make sugg for l.ref w/n areas outlined by vic att-gen
- alth vlrc own invest w/o t.of.ref prov by att-gen these can only be invest conc minor issues = lim scope of mtts that can be invest & commissions subseq imp on l.ref
- vlrc inqui = v. time consum due to ntr of the processes used –> time spent consul w/ rel part, eng w/ comm & rev submiss is nec to prov informed recomm h/ res in slow ref proc
- both st & incl juries = yet to have their recomm imple desp rep being tabled late in 2022 & early 2023 (resp) –> demon time consum ntr of pot l.ref
- prof = $ b/c amount of res available & funding prov $ factors may lim scope of vlrc invest
- vlrc only prov l.ref recomm to vic law x for mtts reg cth leg
lesson six
why was there a need for VLRC to investigate the issue?
- ppl who are deaf, head of hearing, blind or have low vision are x expressly prev from serving on the jury h/w = restr on allowing int & other supp person to assist ppl w/ vision & hearing imped overc these communi barriers = 13th person rule
lesson six
how does the 13th person rule cause action from VLRC?
- rule = prohibits any aupp person being pres thereby indirectly exclud jurors w/ commun disab from serving
- ppl w/ disab make up approx 10% of overall pop so excluding those w. comm diffic –> juries x truly uphold the rep ntr of soc.
lesson six
under the juries act 2000 (vic) what do all jurors need to be capable of?
- perf.ing the duties of jury service = underst facts pres during trial / effect comm w/ trial judge & each other in delib / pay attent to evid / fllw j’s instruct
lesson six
how was the inclusive juries investigation initiated?
- vlrc self initi the inquiry
lesson six
what did the terms of reference (scope of research) consist of the vlrc determining?
- what chgs to curr leg (JA 2000) would be needed to make jury serv more incl e.g. use of supp person
- consid whether there are spec circ in which jury service should be lim
lesson six
what are the details of the vlrc investigation into inclusive juries?
- march 2020 vlrc commenced its comm lae ref proj
- undertook exten res & invest = rec 14 submiss from stakeholders, held 29 consult w/ grps & org
lesson six
what are examples of groups & organisations vlrc consulted with during inclsive juries inquiry?
- vic leg aid
- law instit of vic
- juries vict
- vision aust
- blind cit of aust
lesson six
when was the inclusive juries inquiry submitted?
- subm final rep was tabled in vic parl in May 2023 for consid w/ 53 recomm
- h/w x leg recomm have been implemented
lesson six
what are two examples of the recommendations tabled by vlrc for inclusive juries?
- disability awareness training should be req for judges, lawyers & court staff who work w/ juries
- making rele, physi adjust avail in the jury process = auslan interp, supp persons, hearing loops & braille mat to those jurors who need such assist
lesson one
reason for law reform example - technological development
- the criminal code amendment (deepfake sexual material bill) 2024 to criminalize the creation & sharing of deepfakes such as those at Bacchus Marsh Grammar
lesson one
reason for law reform example - changing community values
- the staged ban on gambling advertising proposed by cth parl whereby all broadcast gambling will be banned from 6am to 10pm in 2026.
- the aim of this ban is due to the changing in soc’s view tow gambling ads being broadcasted which reinforces gambling / betting addiction
lesson two
what are recent examples of protests / demonstrations?
- ending violence against women in Ballarat 2024
- invasion day / aust day annually in 2023
- extinction rebellion protest in melbourne CBD 2024
- strike for cc - maj cities 2023
lesson four
how are traditional and social/new media different?
- can be used to inf & raise aw
- used by div aud
- influential on chging ppl’s opinons
