reasons for law reform

Question 1

define social cohesion

Answer 1

a term used to describe
the willingness of
members of a society
to cooperate with each
other in order to survive
and prosper

Question 2

define law reform

Answer 2

the process of constantly updating and changing the law so it remains relevant and effective

Question 3

introduction to law reform

Answer 3

• Laws protect society and ensure safety
• Laws establish and protect basic human rights
• Laws promote social cohesion by providing guidelines for acceptable behaviour
• Laws aim to prevent or minimise conflict within society
• Laws provide ways to resolve disputes when conflict arises
• The process of changing the law is referred to as law reform.
• Law reform must continually take place to ensure our laws remain relevant and effective.

Question 4

how can laws be effective?

Answer 4

• Laws must reflect society’s values to be accepted by individuals and the wider community
• Laws need to be enforceable
• Laws must be known by the community
• Laws should be clear and easily understood

Question 5

There are various reasons why law may need to
change, which include to address:

Answer 5

• changes in beliefs, values and attitudes
• changes in living conditions
• advances in technology
• a greater need for protection of the community

Question 6

Changes in beliefs, values and attitudes

Answer 6

• Beliefs, values, and attitudes change over time in any society
• Laws must evolve to stay relevant and acceptable to the majority of people
• Rapid changes to the law may face resistance if society is not ready to accept them
• People are reluctant to obey laws that don’t reflect their basic beliefs and standards
• Community values often change as knowledge and education increase
• Example: Attitudes towards smoking shifted as awareness of health risks grew
• In 2007, Victoria banned smoking in enclosed public spaces, followed by further restrictions
• Smoking was prohibited in outdoor dining areas, public spaces, and near schools, hospitals, and other key locations
• These laws were aimed at improving public health, even though they restricted individual rights
• Initially, many people complained, but over time they adjusted to the laws
• Law reform in this case led to a change in community values and reduced smoking rates in Victoria

Question 7

the creation, aggressive marketing and rapid uptake of e-cigarettes (or vaping products), especially by children and teenagers, with their potential to encourage nicotine addiction, has led to law reform in this area, including:

Answer 7

• an extension of the laws originally drawn up for tobacco smoking so that they now apply also to
  vaping products
• a ban on the sale, possession or use of nicotine e-cigarettes and vaping products without a
  prescription from a medical doctor
• a ban on the sale of all e-cigarettes and vaping products to people aged under 18 years, even those
  products that do not contain nicotine.
  The hope is that these recent restrictions on e-cigarettes will encourage a change in community attitudes and discourage individuals, particularly young people, from vaping.

Question 8

protecting animal welfare case

Answer 8

• Public awareness of animal welfare in Australia has increased in recent decades
• Changing attitudes have led to new laws reducing cruelty to animals and offering them legal protection
• In 2018, the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 (Vic) made it illegal to sell dogs and cats in pet shops unless they are from rescue shelters or pounds
• Since July 2019, anyone selling or giving away dogs and cats in Victoria must enrol on the Pet Exchange Register
• This allows local councils to monitor sellers and the public to verify registered, legitimate sellers
• In 2022, the Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022 (Vic) was passed to help ensure lost pets are returned to their owners quickly
• Under this law, found pets must be taken to a vet, animal shelter, or local council, which must make a reasonable effort to identify and contact the owner

Question 9

As another example, in the past, the right to equal treatment before the law did not extend to
LGBTQIA+ people.

Answer 9

This gradually changed as state, territory and federal parliaments introduced
legislation to support equality and legally recognise the rights of LGBTQIA+ people.
This has followed changes in people’s general attitudes and beliefs towards LGBTQIA+ people
and ensuring they are treated equally before the law.

Question 10

Equality for LGBTQIA+ people case

Answer 10

• Society has become more aware of the challenges faced by LGBTQIA+ people due to legal inequalities
• Law reforms have been introduced to ensure equality for LGBTQIA+ people
• In December 2017, the Commonwealth Parliament passed the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), allowing same-sex marriage in Australia
• In 2015, the Victorian Parliament passed the Adoption Amendment (Adoption by Same-Sex Couples) Act 2015 (Vic), allowing LGBTQIA+ couples to lawfully adopt children
• This law reflected changing community views, acknowledging that sexual orientation or gender identity does not affect parenting ability
• In 2019, the Victorian Parliament passed the Births, Deaths and Marriages Registration Amendment Act 2019 (Vic), allowing transgender people to change their gender on birth certificates without undergoing gender reassignment surgery
• In June 2022, the Equal Opportunity (Religious Exceptions) Amendment Act 2021 (Vic) strengthened protections for LGBTQIA+ people, making it unlawful for religious organisations and schools to discriminate based on sexuality, gender identity, or marital status
• Some exceptions exist for roles where religious beliefs are integral to the job
• LGBTQIA+ groups and supporters have campaigned to raise awareness and maintain pressure on the government for legislative changes
• Some groups, such as the Australian Christian Lobby and the Coalition for Marriage, have expressed disapproval of the rapid pace of law changes, especially marriage equality legislation

Question 11

changes in living conditions

Answer 11

• Law reform is an ongoing process
• Laws must be continually reformed to stay relevant
• Reforms are needed to keep up with changes in living conditions
• Changes in social, economic, and international conditions influence law reform

Question 12

Changes in social conditions

Answer 12

• As Australia’s population grows and changes, some laws must adapt to ensure peaceful coexistence and maintain living standards
• By 2055, the population is expected to grow to between 34 and 43 million
• Life expectancy for a baby born in 2055 is predicted to be 87 years
• These changes impact law reform in areas such as health care, taxation, welfare payments (e.g. aged pensions), and the environment
• An increasing population may lead to higher crime rates, requiring improved law enforcement infrastructure, agencies, and more effective procedures

Question 13

Some examples of other social changes that have prompted law reform include:

Answer 13

• increases in reported domestic violence
• binge drinking
• gang-related crime
• online gambling

Question 14

define online gambling

Answer 14

using the internet to place bets; including websites, apps, online games and poker machines (pokies) and
sports betting

Question 15

Should Australia have a
‘sugar tax’? - case example

Answer 15

• 2017-2018 statistics show 47% of Australians had one or more chronic health conditions, and 14.7% reported being in fair or poor health
• Common chronic conditions included diabetes, heart disease, stroke, and vascular disease
• Two-thirds of Australian adults and one-quarter of children aged 5-17 are classified as overweight or obese
• Health issues can increase demand for medical services, raise healthcare costs, and affect people’s ability to work
• There is pressure to introduce legislation to regulate junk food advertising, especially ads targeting young people
• Some advocate for a tax on sugar-sweetened drinks and sugary foods to discourage consumption
• By 2023, at least 85 countries had implemented a ‘sugar tax,’ but Australia has resisted so far
• Research suggests a sugar tax helps reduce sugary drink consumption and promotes better health
• Politicians face pressure from fast food and packaged food industries against introducing a sugar tax
• Critics argue the tax disproportionately impacts low-income earners and that the government should not control personal choices

Question 16

Changes in economic conditions

Answer 16

• Australia’s economy is constantly changing, influenced by technology and globalisation
• Laws must be updated to regulate buying, selling, and production in sectors like banking, mining, manufacturing, and agriculture
• Workforce changes include more part-time and casual employment, increased female participation, and shifts in how and where people work, especially after COVID-19
• Consumer trends, like the rise in online shopping, have also driven law reforms
• These developments have led to changes in industrial relations law (regulating wages and workplace conditions), consumer protection, banking law, and international trading law

Question 17

Reforming Australia’s industrial relations laws - case example

Answer 17

• In December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) was passed to reform industrial relations laws
• The Act enhances workers’ and unions’ ability to negotiate better terms and work conditions
• It promotes flexible work arrangements, allowing pregnant employees and those experiencing family violence to request changes like altered rosters or working from home
• Requests for flexible work can only be denied on reasonable business grounds
• The Act strengthens protections against discrimination based on gender identity, intersex status, and breastfeeding
• Aims to close the gender pay gap by banning pay secrecy clauses in employment contracts
• The Act is intended to help increase wages growth by improving workers’ ability to negotiate and addressing workforce inequalities
• The Liberal-National Coalition opposed the bill, citing concerns from business groups that it gives too much power to workers and unions, and could increase the complexity and cost of workplace negotiations and industrial action

Question 18

Changes in international conditions

Answer 18

• Changing international circumstances and global events often drive law reform
• Examples include increasing global violence and the threat of terrorist attacks
• International conflicts and wars lead to a rise in global refugees
• Conflicts can also impact the global supply of goods, such as oil
• The Commonwealth Government monitors these issues to alter laws as needed, including anti-terrorism and migration laws

Question 19

Strengthening counter-terrorism laws - case example

Answer 19

• Over the past decade, the Commonwealth Parliament has strengthened Australia’s counter-terrorism laws
• In 2019, the Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 (Cth) was passed
  
  • It makes it more difficult for individuals charged with or convicted of terrorism offences to be granted bail for other Commonwealth offences
  • Denies these individuals the presumption of being granted bail
• Individuals convicted of terrorism offences cannot assume they will be released on parole after serving their sentence
  
  • Courts may issue a ‘continuing detention order’ to hold them in custody longer
• In 2021, the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (Cth) created an ‘extended supervision scheme’
  
  • This allows close supervision of released terrorist offenders based on the security threat they pose
• While these laws aim to prevent terrorist attacks and enhance community safety, they may impede the right to a presumption of innocence, a fundamental principle of the criminal justice system

Question 20

define bail

Answer 20

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

Question 21

Advances in technology

Answer 21

• Technology is constantly improving, requiring laws to be updated and altered
• New laws are needed to control and regulate inventions and reduce the risk of harm or exploitation
• The increasing use of mobile devices and equipment (e.g., smartphones, laptops, drones) has created legal challenges, such as:
  
  • Cyber-bullying
  • Cyber-stalking
  • Online scams
  • Invasion of privacy
  • Noise pollution from drones
• Platforms like ChatGPT may require legislative reform to regulate artificial intelligence
• Technology facilitates cyber-crime, allowing unauthorized access to, disclosure, or deletion of personal information
• Data breaches violate privacy rights and can lead to significant financial loss and stress for individuals and businesses
• Breaches involving sensitive information (e.g., health records, personal identification) can result in identity theft
• Cyber-crime necessitates improved laws for data management and breach response, including prompt notification of affected individuals

Question 22

Tougher penalties for data security breaches

Answer 22

• In November 2022, the Commonwealth Parliament passed the Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (Cth).
• The law aims to increase sanctions for serious or repeated privacy breaches.
• The introduction of the law followed two significant cybersecurity breaches in Australia:
  
  • September 2022: A major telecommunications company suffered a breach, exposing personal information of over 2 million customers.
  • Weeks later: A health insurer experienced a breach affecting approximately 9.7 million former and current customers, with some data released on the dark web.
• The new law allows courts to impose severe financial penalties for breaches of the Privacy Act 1988 (Cth):
  
  • Maximum fines of approximately $50 million or three times the benefit gained from the misuse of stolen data (whichever is greater).
• These penalties aim to encourage companies to enhance their data security and properly manage customer personal data.
• Keeping pace with rapidly developing cyber-threats remains challenging for companies and lawmakers.
• Individuals can also inadvertently expose their data to cybercriminals, often through online scams such as phishing:
  
  • Cybercriminals send fraudulent emails or texts appearing to be from reputable businesses to lure individuals into providing confidential personal information (e.g., banking details).

Question 23

advances in technology - scientific and medical advances

Answer 23

• Scientific and medical advances, particularly in genomics and genetic research, necessitate law reform.
• Developments allow scientists to use genetic data to:
  
  • Identify the causes and risks of various illnesses.
  • Develop new medical treatments.
• These advancements have led to disputes over the ownership of genes and genetic discoveries.
• A notable Australian case involved the High Court deciding if a company could patent a genetic mutation linked to increased risks of ovarian and breast cancer.
• The company had invested millions in research to identify the mutation but faced challenges regarding its patent rights.
• Concerns arose that patenting could limit individuals’ ability to use their genetic information without the company’s permission.
• The High Court ruled that the company could not patent the genetic mutation because:
  
  • The genetic material existed in nature and was not a newly invented product.
• This ruling established Australian law regulating the ownership of genes, emphasizing the need for legal frameworks in emerging scientific fields.

Question 24

Greater need for protection
of the community

Answer 24

• Law reform must be ongoing to ensure the protection and safety of individuals and groups within the community.
• One major role of the law is to protect individuals from harm, which can include:
  
  • Physical harm: e.g., injuries from violent assaults.
  • Emotional harm: e.g., effects of bullying, sexual harassment, or neglect leading to issues like depression.
  • Economic harm: e.g., exploitation from unfair workplace practices or trading practices.
• Specific needs and rights of certain groups must also be protected, especially for those unable to advocate for themselves, including:
  
  • Children
  • Vulnerable workers
  • Consumers
  • People with disabilities
  • Individuals facing discrimination due to attributes like race, religion, gender identity, or sexuality.
• Protection is also necessary for animals and the environment, highlighting the need for laws to:
  
  • Make harmful actions unlawful.
• As new situations and challenges arise, corresponding new laws are required to address them effectively.

Question 25

new law - The Crimes Legislation Amendment Act 2022
(Vic) was created by the Victorian Parliament
to, among other reforms, create a new
statutory offence of ‘engaging in conduct that
is grossly offensive to community standards
of behaviour’.

Answer 25

purposes of the law:
* The new offence was created after a man who used his mobile
phone to record the scene of a tragic motor vehicle collision (in
which four police officers died) was charged with the outdated
and rarely used common law offence of ‘committing an act that
outrages public decency’, which had no set minimum penalty.
* The new law aims to provide greater protection of the community
by clarifying the law on grossly offensive behaviour so it meets
the expectations of the community, and by setting a maximum
penalty (5 years’ imprisonment) for convicted offenders.

Question 26

new law - The Education and Training Reform Amendment
(Protection of School Communities) Act 2021
(Vic) was created by the Victorian Parliament to
allow appropriate decision makers in schools
(e.g. school principals) to make orders to
protect school staff and other members of
their school community from harmful, abusive,
threatening or disruptive behaviour.

Answer 26

purpose of the law: - The law reform aims to protect school staff and members of the school community.
- It ensures schools are safe working and learning environments.
- Authorised school personnel are given the power to make orders against adults (e.g., parents or carers) who:
- Act in a harmful manner.
- Engage in abusive behavior.
- Exhibit threatening or disruptive conduct.
- Possible orders can include:
- Banning a parent or carer from entering or remaining on school grounds.
- Prohibiting them from being within 25 meters of the school or any school activity.
- Preventing them from approaching, calling, or sending messages to staff members.

Question 27

new law - The Livestock Management Amendment (Animal Activism) Act 2021 (Vic) was created by the
Victorian Parliament to ban animal activists from trespassing on Victorian farms; it creates fines for offenders.

Answer 27

• The law reform aims to protect Victorian farmers from unlawful actions by animal activists.
• It deters activists from entering and remaining on farms to protest or conduct demonstrations.
• The reform safeguards farm owners and the general public from biosecurity threats, which include:
  
  • Increased risk of spreading diseases.
  • Potential harm caused by unlawful and unsupervised entry to farms.