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Legal Studies Units 3+4 > SAC 1B (Law-Making Through Parliament) > Flashcards

SAC 1B (Law-Making Through Parliament) Flashcards

1
Q

List the reasons why laws may need to change.

A
  • Changing values and attitudes.
  • Changes in society.
  • Protection of the community.
  • Protection of rights.
  • Advances in technology.
  • Greater demand for access to the law.
  • Generating changing values in society.
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2
Q

Explain ‘changing values and attitudes’.

A

In order for the law to be acceptable it must change to keep up with society’s changing values - if a law is not accepted, more and more people could disobey the law.

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3
Q

Give an example of ‘changing values and attitudes’.

A

‘Crimes Amendment (Bullying) Act 2011 (Vic)’ - Brodie’s Law.

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4
Q

Explain ‘changes in society’.

A

Due to our society constantly changing, the law must change to compensate for these changes.

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5
Q

Give an example of ‘changes in society’.

A

Brodie’s law.

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6
Q

Explain ‘protection of the community’.

A

Laws are required to make actions which could harm the community or individuals unlawful.
> Allows the community to continue to operate in a harmonious way.

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7
Q

Give two examples of ‘protection of the community’.

A

‘Crimes Amendment (Gross Violence Offences) Act 2013 (Vic)’.

Brodie’s Law.

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8
Q

What did the ‘Crimes Amendment (Gross Violence Offences) Act 2013 (Vic)’ do? - Refer to sections.

A
  • Sections 15A ‘Crimes Act’ - Causing serious injury intentionally in circumstances of gross violence is now an offence.
  • Section 15B ‘Crimes Act’ - Causing serious injury recklessly in circumstances of gross violence is now an offence.
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9
Q

What can be classified as ‘gross violence’?

A
  • Planning to cause harm.
  • Being in company with two or more persons at the time of gross violence.
  • Causing the injury pursuant to a joint criminal enterprise with two or more persons.
  • Planning to use a weapon for harm.
  • Using a weapon to harm, or continue to harm, a victim after they were incapacitated.
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10
Q

What is the maximum penalty for gross violence?

A

15A - 20years.

15B - 15years.

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11
Q

What is the minimum penalty for gross violence?

A

4 years (both sections).

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12
Q

How does gross violence apply to minors?

A
  • It does not apply to minors.
  • However, it applies to young offenders (18-20 years) unless they show that they had a:
    > “Particular psychosocial immaturity that had resulted in a substantially diminished ability to regulate his/her behaviour”.
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13
Q

Explain ‘protection of rights’.

A

When a person’s rights are infringed, and injustices are unable to be resolved through the law, the law needs to deal with these injustices.

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14
Q

Give an example of ‘protection of rights’.

A

‘Equal Opportunnity Act 2010 (Vic)’.
- Accomodates changes in values relating to discrimination, also defines what is regarded as unacceptable discrimination.

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15
Q

Explain ‘advances in technology’.

A

As technology improves, new situations need to be covered by the law to reduce the opportunity for individuals and groups being exploited.

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16
Q

Give an example of ‘advances in technology’.

A

‘Crimes Amendment (Identity Crime) Act 2009 (Vic)’.

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17
Q

Explain ‘greater demand for access to the law’.

A

As people become more educated on the law and their rights, they must be given access to avenues which allow them to seek justice if their rights have been infringed; or even be given leeway if they have a mental health problem.

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18
Q

Give an example of ‘greater demand for access to the law’.

A

‘Magistrates’ Court Amendment (Assessment and Referral Court List) Act 2010 (Vic)’.
- Assists people with ‘MHP’ and have been accused of a crime.

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19
Q

Explain ‘generating changing values in society’.

A

Law-makers are able to change the law in order to encourage a change in society’s values.

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20
Q

Give an example of ‘generating changing values in society’.

A

‘Equal Opportunity Act 2010 (Vic)’.

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21
Q

What is a formal law reform body?

A

Organisations that are employed by the state and Commonwealth governments to inform them of changes in society that may require a change in the law.

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22
Q

What is the VLRC?

A

It is an independent, government-funded organisation.
Was established to investigate areas of the law in which the government feels there is a need for reform and to monitor and coordinate law reform activity in Victoria.

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23
Q

What are the main roles of the VLRC?

A
  • To undertake research and make recommendations for changes in the law on issues that are referred to the VLRC by the attorney-general.
    > Can recommend minor changes to the law without a reference.
  • To engage in community-wide consultation and debate, and advises the attorney-general on ways to improve and update Victorian law.
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24
Q

What is the main aim of the VLRC?

A

To ensure that the legal system meets the needs and aspirations of the Victorian community.

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25
Q

What are the 5 things the VLRC can actually do?

A
  1. Can make recommendations for aw reform on matters refers to it by the AG.
  2. Can make recommendations on minor legal issues of general community concern (does not require a reference from AG - just members of the public who bring it to their attention).
  3. Can suggest to AG that he or she refer a law in need of investigation to the VLRC.
  4. Can educate the community on areas of the law relevant to the VLRC’s work.
    > VLRC works with groups in the community to ensure that changes in the law are effective.
  5. Can monitor and coordinate law reform activity in Victoria.
    > Work with either law reform bodies in Victoria to ensure effective law reform.
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26
Q

After the VLRC receives a reference, what are the 7 steps which occur?

A
  1. Undertake initial research and consultation with experts in the area under review.
  2. Publish an issues or discussion paper.
    > Explains key issues and asks community questions.
  3. Invite and consider written submissions from the public, organisations, legal bodies etc.
  4. Undertake consultation with interested and relevant individuals or groups (Eg. Public forum).
  5. Ask experts to research areas requiring further information.
    > This is sometimes published as an occasional paper.
  6. Publish a report with recommendations for changes in the law,
    > Can be a final report, or:
    -> An interim report if further comment from the community is desired.
  7. Table the final report in Parliament.
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27
Q

What are the strengths of the VLRC?

A
  • Government asks the VLRC to investigate an area = more likely to act on recommendations.
  • Can gauge public opinion on the matter through submissions and consultations.
  • Can investigate an area of the law comprehensively so the government can pass new laws that cover a whole issue.
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28
Q

What are the weaknesses of the VLRC?

A
  • Can only investigate with a reference, or only minor issues without a reference (RESTRICTED).
  • The government is not obliged to follow recommendations.
  • Investigations can be time-consuming and costly.
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29
Q

Identify each stage in the progress of a bill.

A
  1. Intro
  2. First reading
  3. Second reading
  4. Committee stage (Consideration in detail)
  5. Third reading
  6. Moves to second house
  7. Certification
  8. Royal assent
  9. Proclamation
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30
Q

Explain the introduction stage.

A

The relevant minister gives notice of his/her intention to propose a bill.

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31
Q

Explain the first reading stage.

A

The bill is read for the first time (no debate).

> Copies of the bill and explanatory notes are given to all MPs of the house.

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32
Q

Explain the second reading stage.

A

Consists of three main parts;
- Statements of comparability is considered: MP states whether or not the bill is compatible with the ‘Charter of human rights and responsibilities’.
> If incompatible, must explain why and how it is incompatible with the Charter (however the bill can still be assed in extreme circumstances).
- Purpose of the bill: MP outline the purpose of the bill and give ‘explanatory memorandum’ (reasons for the bill and outlines provisions).
> Debate is usually adjourned to allow MPs to study the bill, arouse public discussion/reaction.
> Most thorough debate occurs prior to the vote (the relevant opposition minister begins debate in house).
- Scrutiny: Senior legal adviser of ‘Scrutiny of Acts and Regulations Committee’ examines all clauses and schedules of the Bill.

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33
Q

Explain the Committee stage.

A

May not occur if there is an unanimous decision in the first vote.
Proceeds of the committee of the whole house is:
1. Speaker (LH) or President (UH) leaves to make the house a committee.
2. The bill is considered in detail (clause by clause).
3. Amendments may occur.
4. Adoption of the committee report (Speaker/President returns to the chair and asks Parliament to accept the Committee’s report).

34
Q

Explain the third reading stage.

A
  • Long title is read.
  • Further debate occurs if necessary.
  • Bill is voted on in its final form.
35
Q

Explain the stage when the bill moves on the the second house.

A

REPEAT STUFF.

Amendments may occur (must be approved by both houses).

36
Q

Explain the stage of certification.

A

Clerk of Parliament certifies the bill.

37
Q

Explain the stage of royal assent.

A

Governor/GG signs the bill prior to it becoming an act of Parliament.

38
Q

Explain the stage of Proclamation.

A

Where the G/GG formally passes the bill as legislation by proclaiming the bill in the Government Gazette.
> If not otherwise stated, the bill comes into operation 28 days after being given royal assent.

39
Q

What are informal pressures for changes in the law?

A

Informal pressures come from individuals or groups who are not connected with the law-making process and cannot be instrumental in changing the law, but who can try to influence the law-makers to change the law.

40
Q

What do informal pressures do?

A

Can increase public awareness of a problem and encourage Parliament to investigate an issue.

41
Q

Give examples of informal pressures.

A
  • Petitions.
  • Media.
  • Pressure groups.
  • Demonstrations.
42
Q

What are formal pressures for changes in the law. Give examples and briefly explain.

A

Formal pressures come from within the formal structures of the law-making process and include:

  • Cabinet (responsible for deciding which changes take place).
  • Government departments (Decide what changes are required in their area).
  • Parliamentary Committees (Asked by parliament to investigate an issue).
  • Law reform bodies/VLRC (Responsible for investigating the need for changes in the law as needs arise).
43
Q

Explain pressure groups.

A

Groups of people who join together because they have a particular common interest in trying to influence the government to change the law.

44
Q

Give an example of a pressure group. Explain.

A

‘GetUp!’ - An online politically motivated action group that uses the Internet to enlist like-minded people who want to bring participation back into democracy.

45
Q

What is a petition?

A

A formal, written request to the government for action in relation to a particular law that is considered outdated or unjust which usually has a collection of signatures on it.
- Petitions can only be presented to the parliament by a MP.

46
Q

What are the rules on the form and content of petitions impeded by parliament?

A

Petitions must:

  • Be addressed to only on House of Parliament.
  • Refer to a matter that is within the power of the parliament to address.
  • State the facts.
  • Contain a request for the parliament to take action.
47
Q

Why was a standing committee on petitions established?

A

To ensure all petitions pressed to the H/Reps are considered.
The person making the petition (either individual or someone on behalf of group) will be contacted by the committee to inform him or her of the response made on behalf of H/Reps.

48
Q

What is a current example of a petition?

A

Petition of asylum seekers which was tabled on 12 December 2013 in the H/Reps (gained 240 signatures).
The petition held seven main demands which, basically, asked the Commonwealth Government to consider removing all asylum seekers from offshore detention centres and provide them with greater assistance.

49
Q

What is an e-petition?

A

A petition that is signed online.

- Are only accepted by the Queensland Government and the Senate.

50
Q

Give an example of an e-petition.

A

GetUp! is currently running a ‘Save the Reef’ e-petition which calls on Macolm Turnbull to keep his election promise that there would be no public funding for Adani Carmichael’s coal mine which negatively affects the Great Barrier Reef.

51
Q

What are demonstrations?

A

Demonstrations are held to alert the government to the need for a change in the law. It is where a large group of people show their support for a change in the law by attending a protest or rally.

52
Q

Give an example of a demonstration.

A

Action on climate change:
On 17 November 2013, tens of thousands of Australians demonstrated (across Australia) to demand the federal Coalition to change its policy on climate change and take action on global warming by keepin the carbon tax impose by the Gillard Government.

53
Q

How does the media influence changes in the law?

A

Without media coverage the law-makers would not be able to gauge public opinion. Demonstrations and petitions would struggle to have an impact if the media does not allow for greater community awareness.

54
Q

In what forms can media coverage take?

A
  • Newspapers.
  • Letters and emails to the editor.
  • Social media.
  • Radio (talkback shows allows individuals to express their opinions to portions of the population).
  • TV (Four Corners, Q&A).
55
Q

Give an example of the influence of the media in changing the law.

A

The Sunday Age:
State political editor Farrah Tomazin and senior writer John Elder wrote an article about the issue of same-sex marriage on 18 August 2013, which pointed out that there are an estimated 33,700 same-sex couples in Australia.

56
Q

What are the strengths of petitions?

A
  • Can make direct contact with the government when the petition is tabled in parliament.
  • Lots of signatures is good.
  • Public awareness when getting signatures.
  • E-petitions are quick and easy, heaps of support.
57
Q

What are the weaknesses of petitions?

A
  • Parliament can’t respond to all (heaps of them).
  • Don’t get media support (not visual like demonstrations).
  • Hard to get heaps of signatures.
  • Minister tabling the petition may have little influence on government policy for new laws.
58
Q

What are the strengths of demonstrations?

A
  • Large numbers, heaps of media coverage.
  • Media support = Likely to get support in the community and nationally for a cause.
  • Public awareness.
59
Q

What are the weaknesses of demonstrations?

A
  • Must be publicised well to get numbers.
  • Unlikely to have a big effect if they don’t have media coverage or ongoing support.
  • Time-consuming to organise.
60
Q

What are the strengths of the media?

A
  • Can gain heaps of support for a matter if it is widely reported across all platforms.
  • Government looks to media as a means of gauging public support about an issue.
  • Other methods rely on media to have a large impact.
61
Q

What are the weaknesses of the media?

A
  • Can show conflicting views on a matter (deter government from changing laws in this area) {Eg. Gay marriage}.
  • The media will only be influential if the public gets behind an issue and demands change.
  • Chanegds in the law usually reauires bipartisan support, or support of minor parties and independents.
  • Govenrment will only take on board an issue if it fits with their legislative program and there is a high level of community support (media must reflect this).
62
Q

What are the strengths of Parliament as a law-making body? Identify relevant weakness to a strength when necessary.

A
  • Parliament makes laws in futuro (members of society are then able to know what the law is and how ti applies to them). - WEAKNESS Australian Constitution Act 1900 (U.K.)
  • Parliament can change the law as the need arises (if the bill receives the support of Parliament, it can be passed quickly). - WEAKNESS may not be passed quickly, long process
  • MPs are elected by the people (represent the needs of the people and are responsible to the people, laws should reflect values of the people) - WEAKNESS of this is that people can have conflicting attitudes.
  • Parliament can investigate a need for change (law reform bodies, parliamentary committees, government departments). - WEAKNESS of this is that it can be time-consuming.
  • Extensive debate occurs during the progress of a bill through parliament. - WEAKNESS can be time-consuming, may have rubber stamp or hostile senate.
  • Can delegate some of its law-making powers to subordinate authorities to make delegated legislation on its behalf.
    > Saves time, more expert opinion, SAs are more accessible to people.
    -> WEAKNESS OF THIS is that subordinate authorities are not elected by the people (laws may not reflect values).
    -> HOWEVER Parliament can check delegated legislation to ensure they do not exceed their law-making powers.
63
Q

What are the weakness of parliament as a law-making body? (Any weakness not highlighted in strengths question must be explained in more depth).

A
  • Parliament may not be able to respond quickly to need for change in the law (because it may not have the support needed to pass the bill in event of Hostile Senate or Hung Parliament).
  • Process of law-making is time-consuming.
  • Conflicting views = no change (Eg. Voluntary euthanasia).
  • Parliaments are restricted to making laws in their own jurisdiction (Eg. Vic Parliament cannot make laws with respect to customs and excise even if they wanted to);
  • Investigations can be time-consuming.
  • May be difficult to keep up with advances in technology (Eg. Sexting laws needed to be implemented as sending sexually explicit messages without consent was not seen as illegal).
  • Parliament cannot always make laws in futuro (Eg. Australian Constitution Act 1900 (U.K.) did not refer to TV as a form of communication as it didn’t exist at the time.
  • Subordinate authorities (other than local councils) are not elected.
64
Q

List two cases studies by the VLRC.

A
  • Burial rights.

- Legalising medicinal cannabis.

65
Q

Give some background information on the legalisation of medicinal cannabis.

A

The supply and use of medicinal cannabis is prohibited in Victoria unless it has been approved or specially exempted under Commonwealth law.

  • It is currently being used illegally for medicinal purposes.
  • Medical cannabis could help with epilepsy, cancer, multiple schlerosis and chronic pain.
66
Q

Explain the reference given by the attorney general in relation to medicinal cannabis.

A

19 December 2014 - Attorney General asks the VLRC to review and report on options for changes in Victorian law to allow treatment with medicinal cannabis in extreme circumstances (by 31 August 2015).

67
Q

What steps did the VLRC take prior to making recommendations on the legalisation of medicinal cannabis.

A
  • Dr.Ian Freckelton leads the reference.
  • A division was formed to guide and oversee the reference.
  • Two advisory committees (medical and regulatory) were formed to provide for expert opinions and verification.
  • Issues paper is published on 17 March 2015.
  • 99 submissions were received (listed in appendix B).
  • Formal consultations were held in Melbourne and eight regional centres in May and June 2015 (listed in appendix C).
  • People in Victoria as well as overseas, and government officials, took part in consultations for a wide range of opinions/views.
68
Q

What issues were identified by the medicinal cannabis issues paper?

A

Two central questions:

  1. Who should be eligible to use cannabis for medicinal purposes?
  2. How extensive should any Victorian medicinal cannabis scheme be?
69
Q

How many recommendations were made for medicinal cannabis?

A

42.

70
Q

What was the government’s response to the VLRC’s recommendations for the legalisation of medicinal cannabis?

A

6 October 2015 - Victorian Government fully accepted 40 of the Commission’s recommendations and accepted two in principle.
> Announced that it would legalise it in extreme circumstances from 2017.
> ‘Access to Medicinal Cannabis Bill’
-> Introduced to Parliament on 8 December 2015.
-> Passed on 12 April 2016.

71
Q

What lead to the formation of ‘Brodie’s Law’?

A

Brodie Panlock was relentlessly bullied whilst working as a waitress and committed suicide at the age of 19 in September, 2006. Brodie’s family and the community in general highlighted how the ‘Crimes Act 1958’ did not contain proper provisions in dealing with serious bullying matters, as none of those responsible for her death were charged with a crime.

72
Q

When did Brodie’s Law come into effect? What does it do?

A

Brodie’s Law commenced in June 2011.
It made serious bullying legally a crime punishable by up to 10 years in jail.
Brodie’s Law makes serious bullying a criminal offence by extending the application of the stalking provisions in the Crimes Act 1958 to include behaviour that involves serious bullying (Eg. Stalking section now highlights that “making threats to the victim” constitutes serious bullying).

73
Q

What types of bullying does Brodie’s Law cover?

A

All forms of serious bullying, including physical bullying, psychological bullying, verbal bullying and cyberbullying.

Brodie’s Law applies to bullying occurring anywhere in the community, such as workplaces, schools, sporting clubs and on the internet including email or social networking sites such as Facebook and Twitter.

74
Q

What is bullying/serious bullying?

A

Bullying is often characterised by a course of conduct that can include behaviour such as threats and abusive and offensive words or conduct.
Serious bullying may also include conduct or behaviour that is intended, or could reasonably be expected, to cause the victim of the bullying to engage in suicidal thoughts or thoughts or actions that involve self-harm.

75
Q

Give some background information on burial rights and funerals.

A

Victoria only recognises the wishes of people not to be cremated when a magistrate or coroner orders the disposal of the body of a person with limited resources.

Other states (with the exception of Tasmania) recognises the wishes of a person to be/not to be cremated.

76
Q

What reasons for reform in the case of funeral and burial rights?

A

Lack of community awareness - Few Victorians know who has the right to dispose of their body or are aware that any funeral and burial instructions they leave in their will or elsewhere are not legally binding. (Any instructions do not have to be adhered to eg. Family conflict if parents see dead person as part of religion when they are not).

Different social context in which the law is now applied - It may be considered disrespectful to the deceased, as well as to adversely affected survivors, to make funeral and burial arrangements that are inconsistent with the deceased’s preferences (2011 census found that 24% don’t follow a religion).

77
Q

What were the issues identified by the Commission for the funeral and burial instructions investigation?

A
  • Funeral and burial agent: Big responsibility by agreeing to be a funeral/burial agent. Agent may be in a difficult position if other grieving family members have opposing views (may also be liable to costs of disposal).
  • Instructions: Should only be binding if they are recorded in writing and signed and dated in the presence of a witness, or if in clear electronic form.
  • Children: Any person under the age of 18 who makes this decision must be considered greatly.
  • If no instructions are left: whoever has the right to the deceased’ funeral and burial arrangements should seek the views of those closest to him/her, where it is reasonable to do so.
78
Q

When did the VLRC receive submissions until for the funeral and burial rights investigation?

A

21 December 2015.

79
Q

Why is the funeral and burial instructions case different form other cases?

A

Because it is a community law change.

> Means it is a matter of community concern which did not require a reference.

80
Q

Explain what the funeral and burial intstructions investigation is about.

A

The project was about establishing an Act that would:

  • enable people to leave legally binding funeral and burial instructions or,
  • appoint an agent to control their funeral and burial arrangement after they die
81
Q

How many funeral and burial instruction recommendations?

A

25 in total.

Legal Studies Units 3+4 (8 decks)

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