outcome 2

Question 1

Reasons for law reform

Answer 1

• changes in beliefs, values, and attitudes
• changes in social, economic and political conditions
• advances in technology
• greater need for protection of the community

Question 2

changes in beliefs, values, and attitudes

Answer 2

the law aims to be relevant to the views and values of society so that laws are representative of the community.
reforms are made to legislation to stay relevant to views of the majority.

Question 3

changes in social, economic and political

Answer 3

Laws need to be continually reformed to remain relevant. For example, laws may be reformed in areas of concern like domestic violent

Question 4

advances in technology

Answer 4

Laws control and regulate inventions and opportunities relating to evolving technology. For example, laws around cyber crimes.

Question 5

greater need for protection of the community

Answer 5

Law reform is important in protecting individuals from harm and ensuring different groups feel safe.

Question 6

Ways individuals can influence law reform

Answer 6

• petitions
• demonstrations
• courts

Question 7

what is a royal commission

Answer 7

formal independent public inquiry instigated

Question 8

strengths and weaknesses of demonstrations to influence law reform

Answer 8

Strengths:
- Demonstrations that attract positive media attention encourages members of parliament to initiate law reform due to the support within the community
- Demonstrations an raise social awareness
Weaknesses:
- Demonstrations may lose support if they become violent, too extreme or if they receive negative media attention
- demonstrations are often single event that may not generate ongoing support

Question 9

strengths and weaknesses of petitions to influence law reform

Answer 9

strengths:
- simple/easy to understand and set up
- inexpensive
- attempt to make laws that reflect views of the majority of the community
- creates public awareness of issues
weaknesses:
- no guarantee the suggested law reform is adopted
- some people may sign their name more than once which compromises the integrity of the petition
- many petitions dont gain enough media attention or support

Question 10

strengths and weaknesses of using the courts to influence law reform

Answer 10

Strengths:
-court cases that are in the public interest may gain significant media attention which can influence possible change
- judges are politically independent
- judges decisions in court (either setting a precedent or through obiter dictum) can influence parliament to initiate law reform.
Weaknesses:
- individuals may be reluctant to challenge laws through the courts due to cost and time factors and there is no guarantee of success
-judges must wait for parties to challenge the authority of parliament before they can make a ruling
- common law can be abrogated by parliament

Question 11

role of media in law reform

Answer 11

The use of media can generate community interest in, awareness of and support for a desired law change

Question 12

Ways media can positively influence law reform

Answer 12

• generate interest in and raise awareness of legal issues on a massive scale
• allows people to capture and broadcast political issues and legal issues
• connects people around the world, influences law reform on global issues
• direct access to policies, laws and up-to-date political information

Question 13

Ways media can negatively influence law reform

Answer 13

• information on media can be false, unfair, bias, inaccurate and unethical
• content can be graphic and highly visual
• struggle to stop spread of harmful or inaccurate stories

Question 14

What is the VLRC?

Answer 14

VLRC stands for Victorian Law Reform Commission. VLRC is an independent law reform organization that reviews, researches and makes recommendations to the state parliament about possible law changes in Victoria.

Question 15

Strengths of VLRC

Answer 15

• the VLRC is independent of the parliament and political parties do it remains objective and unbiased in making its recommendations
• VLRC measures community views on areas of investigation by holding consultations and receiving public submissions. (community values encourage law reform)

Question 16

Weaknesses of VLRC

Answer 16

• The VLRC’s investigations can be time-consuming and costly
• No obligation of the parliament to follow the suggestions made by VLRC
• Can only recommend changes to the Victorian law, not the Commonwealth law

Question 17

What is the role of VLRC?

Answer 17

• to examine and research any proposed law reform and then to suggest popular law reform to the Attorney-General.
• examine issues of concern when it comes to law reform and then report back to the Attorney-General

Question 18

What are royal commisions?

Answer 18

A royal commission is a major public inquiry established by the government to investigate something of public importance of concern in Australia.

Question 19

Establishment of royal commissions

Answer 19

Royal commissions can be established at both state and Commonwealth level.
The power to establish a royal commission is provided by statute.
At the Commonwealth level the power to issue a royal commission is given t the Gov-Gen through the Royal Commissions Act 1902.
At the Victorian level, the power to establish a royal commission is given to the governor under the Inquiries Act 2014.

Question 20

Recent example of the Victorian Law Reform Commission recommending law reform

Answer 20

Community law reform project: Neighborhood Tree Dispute (2019)
The VLRC completed a community law reform project, Neighborhood Tree Dispute, in response to community concern.
Branches hanging over boundary fences, tree roots destroying neighbors property and the cutting or removal of trees with out neighbors consent and trees increasing bushfire risk.
After receiving 38 submissions from members of the community the VLRC made 63 recommendations for law reform.
VLRC recommended that Victorian Parliament should introduce a new Neighborhood Tree Disputes Act to be managed by VCAT.

Question 21

strengths of royal commissions

Answer 21

• important in raising awareness and interest in a particular area of community concern
• royal commissions are independent of parliament

Question 22

weaknesses of royal commissions

Answer 22

• no obligation of the parliament to adopt recommendations made by royal commissions
• royal commissions can be expensive and time-consuming

Question 23

The ability of parliament and the courts to respond to the need for law reform

Answer 23

• the constitutional power of the parliament
• the level of community support for the proposed change in the law
• the ability of the parliament to asses the need for law reform and measure the level of community support for any proposed change
• the composition of the houses of parliament
• financial constraints

Question 24

The ability of parliament and the courts to respond to the need for law reform - the level of community support for the proposed change in the law
FORS

Answer 24

Community support encourages the parliament and courts to respond to proposed law reform because parliament is a representative body. This means that if the majority of the population are in favor of law reform, the parliament should consider the views of the people.

Question 25

The ability of parliament and the courts to respond to the need for law reform - financial constraints
AGAINST

Answer 25

Law reform is an expensive process and can be hard to implement when the budget does not allow for this change. Because of the costly process of creating and changing laws, parliaments ability to respond to law reform may be hindered as a result.

Question 26

The ability of parliament and the courts to respond to the need for law reform - conflicting community views
AGAINST

Answer 26

members of parliament may be reluctant to legislate in areas where there are conflicting community views, or the benefits will not be seen for many yeats, through fear if losing voter support.