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year 12 legal studies > law reform U4AOS2 booklet one > Flashcards

law reform U4AOS2 booklet one Flashcards

1
Q

lesson one

define law reform

A
  • a change or amendment in the law to align it with modern societal needs & values
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2
Q

lesson one

what are the three reasons law reform is needed?

A
  • chg in comm beliefs, val & attit
  • chgs in tech, also known as techno advancement
  • the need for comm prot
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3
Q

lesson one

expain the reason for law reform - changes in community beliefs, values & attitudes

A
  • 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
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4
Q

lesson one

explain the reason for law reform - changes in technology / technological advancement

A
  • 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
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5
Q

lesson one

explain the reason for law reform - need for community protection

A
  • 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
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6
Q

lesson one

explain the reason for law reform - changes in social conditions

A
  • 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.
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7
Q

lesson one

explain the reason for law reform - changes in economic conditions

A
  • 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
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8
Q

lesson one

explain the reason for law reform - changes in international conditions

A
  • 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
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9
Q

lesson one

what is an example of changes if social conditions?

A
  • prompting law reform –> online gambling
  • = using the internet to place bets, incl. websites, apps, online games & poker machines & sports betting
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10
Q

lesson one

what is an example for a need for community protection?

A
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11
Q

lesson one

what is an example of changes in technology / technological advancement?

A
  • 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
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12
Q

lesson two

what are the methods used by individuals & groups to signify their desire for change?

A
  • petitons
  • demonstrations / protests
  • the use of courts
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13
Q

lesson two

define petition

A
  • 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
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14
Q

lesson two

what are the rules for formal petitons to be presented in parliament?

A
  • 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
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15
Q

lesson two

what happens if a petition meets the rules?

A
  • it will be certif & pres in the house
  • once pres bec prt of parl offic rec –> min have a certain time to resp
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16
Q

lesson two

what are e-petitions?

A
  • 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
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17
Q

lesson two

what is an example of a petition?

A
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18
Q

lesson two

what is an example of an e-petition?

A
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19
Q

lesson two

what are the strengths of petitions?

A
  • 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
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20
Q

lesson two

what are the limitations of petitions?

A
  • 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
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21
Q

lesson two

define demonstrations / protests / rallies

A
  • 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)
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22
Q

lesson two

what are the features of demonstrations?

A
  • 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
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23
Q

lesson two

what are the strengths of demonstrations?

A
  • 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
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24
Q

lesson two

what are the limitations of demonstrations?

A
  • 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
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24
Q

lesson three

how do courts influence change in the law?

A

indiv & grps w/ st can infl law ref by bringing their cases to court as this may lead to the est of new prece

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25
Q

lesson three

what are the requirements for individuals & groups to bring their case to court & help the courts to influence law reform?

A
  • 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
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26
Q

lesson three

what is standing?

A
  • 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
27
Q

lesson three

evalutating the use of courts to influence law reform - strengths

A
  • 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
28
Q

lesson three

evaluating the use of courts to influence law reform - limitations

A
  • 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
29
Q

lesson four

what is the media?

A
  • the way infor is comm to pub
  • methods infor = comm = mediums = newspap, podcasts
30
Q

lesson four

what are the two broad categories of the media?

A
  • traditional media
  • new media
31
Q

lesson four

what is traditional media?

A
  • less interactive
  • tends to deliver infor thr a lin - sender - message - receiver model
  • e.g. print newspapers, broadcast radio, television
32
Q

lesso four

what is new media?

A
  • 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
33
Q

lesson four

what are the three main roles that the media can play in influencing law reform?

A
  1. informing and raising awarness
  2. assessing lvls of comm supp
  3. infl comm opinion on a chg in the law
34
Q

lesson four

explain the role of the media,
informing & raising awareness

A
  • 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 …
35
Q

lesson four

explain the role of the media, assessing levels of community support

A
  • the media can assist parl, govt, NGOs gauge the lvl of pub supp / int twds a part. issue to infl leg chg
36
Q

lesson four

explain the role of the media, influencing community opinion on a change in the law

A
  • 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
37
Q

lesson four

what is an example of the media informing & raising awareness?

A
  • 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
38
Q

lesson four

evaluating the role of the media to infuence law reform - strengths

A
  • 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
39
Q

lesson four

evaluating the role of the media to influence law reform - limitations

A
  • 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 = $
40
Q

lesson five

what does VLRC stand for?

A

Victorian Law Reform Commission

41
Q

lesson five

what is VLRC?

A
  • 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
42
Q

lesson five

what is the purpose of VLRC?

A
  • 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
43
Q

lesson five

what are the three roles of the VLRC?

A
  1. rec & ana the vict attorney-gen’s terms of ref
  2. invest minor comm leg issues
  3. prov edu prog
44
Q

lesson five

describe the role of VLRC - receive & analyse the vic att-gen’s terms of reference

A
  • 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
45
Q

lesson five

describe the role of the VLRC - investigate minor community legal issues

A
  • 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
46
Q

lesson five

describe the role of VLRC - provide educational programs

A
  • 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
47
Q

lesson five

what are the processes involved in VLRC projects? how does the VLRC make its recommendations?

A
  • a project is initiated
  • intial research & consultations
  • consultations & submissions
  • report
  • tabling
  • govt resonse & chgs to the law
48
Q

lesson five

explain the process of VLRC - consultations & submissions

A
  • 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
49
Q

lesson five

explain the process of VLRC - govt response & changes to the law

A
  • 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
50
Q

lesson five

the ability for vlrc to influence law reform - strengths

A
  • 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
51
Q

lesson five

the ability for vlrc to influence law reform - limitations

A
  • 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
52
Q

lesson six

why was there a need for VLRC to investigate the issue?

A
  • 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
53
Q

lesson six

how does the 13th person rule cause action from VLRC?

A
  • 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.
54
Q

lesson six

under the juries act 2000 (vic) what do all jurors need to be capable of?

A
  • 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
55
Q

lesson six

how was the inclusive juries investigation initiated?

A
  • vlrc self initi the inquiry
56
Q

lesson six

what did the terms of reference (scope of research) consist of the vlrc determining?

A
  • 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
57
Q

lesson six

what are the details of the vlrc investigation into inclusive juries?

A
  • march 2020 vlrc commenced its comm lae ref proj
  • undertook exten res & invest = rec 14 submiss from stakeholders, held 29 consult w/ grps & org
58
Q

lesson six

what are examples of groups & organisations vlrc consulted with during inclsive juries inquiry?

A
  • vic leg aid
  • law instit of vic
  • juries vict
  • vision aust
  • blind cit of aust
59
Q

lesson six

when was the inclusive juries inquiry submitted?

A
  • subm final rep was tabled in vic parl in May 2023 for consid w/ 53 recomm
  • h/w x leg recomm have been implemented
60
Q

lesson six

what are two examples of the recommendations tabled by vlrc for inclusive juries?

A
  • 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
61
Q

lesson one

reason for law reform example - technological development

A
  • the criminal code amendment (deepfake sexual material bill) 2024 to criminalize the creation & sharing of deepfakes such as those at Bacchus Marsh Grammar
62
Q

lesson one

reason for law reform example - changing community values

A
  • 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
63
Q

lesson two

what are recent examples of protests / demonstrations?

A
  • 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
64
Q

lesson four

how are traditional and social/new media different?

A
  • can be used to inf & raise aw
  • used by div aud
  • influential on chging ppl’s opinons

year 12 legal studies (9 decks)

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