Sac 1 Part 2 Flashcards
Explain three reasons why laws may need to change and give an example for each.
Changing Values (puppy farms)
Technology (crimes amendment act, identity theft)
Protection of society
Word meaning change
What is one weakness for each of the three informal pressures for change
Media - bias negative view
Petition - lack of signatures/therefore govt takes no notice
Demonstrations - negative if not organised properly
What is one strength for each of the informal pressures for change
Media - spread message quickly to large group of people
Petition - shows amount of people who want change (large)
Demonstrations - gains media attention (bigger)
Give an example for each of the informal pressures for change
Media - voluntary euthanasia
Petition - asylum seekers
Demonstations - marriage equality
Other than responding to references from the attorney general what are three roles/objectives of the VLRC
Educate public on areas of law
Suggest recommendations to attorney-general
Make recommendations on minor issues to parliament
Explain three processes the VLRC employ when investigating areas of law that may need reform
Consult with community and experts
Investigate other law reform bodies
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What is a current enquiry of the VLRC
Current enquiry to the VLRC is adoption, best interests of the child
What is a completed enquiry of the VLRC
Make Abortion legal act passed VLRC (abortion law reform act 2008)
Give an example of recommendations for change in the law by the VLRC which have been turned into legislation
Make abortion legal
When is the crowns approval given to a bill
Royal assent
When is there debate as to the broad principles of a bill
Second Reading
What is a bill
A proposed law
Who writes bills
Cabinet (OPC office of parliamentary counsel)
Explain two problems that those drafting bills may encounter
Can’t see future circumstances
Bill doesn’t agree with human rights commission
What is the statement of compatibility and when is it made
Check is bill is in accordance with HRC
Second reading
Is amendment likely at the third reading
Committee stage (optional) most likely to have amendments
Individuals influencing changes in the Law
Advances in technology
Changing values and attitudes in Society
Greater need for Protection of the community
Changes in society
Advances in technology
Changes in the law need to be established in order to accomodate these advancements and provide protection for individuals and groups from being exploited and harmed
Eg ‘The Crimes Amendment (identity crime)’ computers have made it easier to steal a persons identity. This law has been passed to prevent this problem
Changing values and attitudes in Society
In order for laws to be accepted by society they must be relevant and therefore reflect the current values and attitudes of the community
Oscars Law’ Providing better and frequent regulation over puppy farms activities, due to people becoming more concerned about animal welfare
Greater need for Protection of the community
The community need to continue to function in a harmonious way and laws need to be brought in to protect individuals from harm.
Legislation regarding the use of mobile phones whilst driving has increased significantly to deter further people from committing the crime
Changes in society
Society’s social norms change and society’s habits change so laws are changed or made to suit the community
Societies change in relation to bullying, the act was passed in an attempt to tackle bullying
Methods used by Groups and Individuals to influence change in the law
Formal Pressures: pressures that cultivate change in the law within the formal structures of the law making process, such as law reform bodies like the VLRC, Parliament, Government departments and Parliamentary Committees.
Informal pressure: are pressures that have come from individuals or groups who are not connected with the law making process, but who can try to influence a change in the law 3 main methods are: Petitions Demonstrations Media
Petition
A petition is a formal written request to the government for action to be taken in relation to a particular law that may be considered out dated or unjust. It is usually accompanied collection of signatures, which have been gathered by supporters
Asylum seekers
Debate in the community whether there should be tighter restrictions on who should be allowed to settle in Aus.”
Can show a high degree of support when a lot of signatures are obtained.
Provide all citizens to have a view point tabled in Parliament
E-petitions can gather large support (online)
Easy and peaceful”
Many petitions are presented to parliament and parliament can not respond to them all (over 100)
Can be time consuming and costly
They are not as visual as other methods such as demonstrations so they are less likely to gain media support
Difficult to obtain a large amount of signatures”
Demonstration
Demonstrations are also known as a Public Protest or rallies are held to alert the government of the need for the change in the law
Usually involves a large group of people gathering together
Marriage equality
Regular demonstrations around the country in favour of same-sex marriage
Likely to gain media attention and thereby raise awareness of the cause
can arouse public awareness of the issue through the media
Can de extremely disruptive, unless well organised
Time consuming to organise
They have to be publicised well, in order to gain attention and make an impression
