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Legal Studies (year 12) > U4AoS2 > Flashcards

U4AoS2 Flashcards

1
Q

Define law reform

A

The amendment, progression, and/or modernisation of law by aligning it with societal attitudes, removing defective elements, and improving its effectiveness

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2
Q

What are 5 reaons for law reform

A
  • Shifts in community values
  • Advances in technology
  • Changes to economic conditions
  • Protection of society
  • Improving the legal system
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3
Q

Define petitions

A

a formal document addressed to the government that is singed by individuals who are demanding action or legal reform

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4
Q

5 Steps of a petition

A
  1. A petition is lodged on the official parliamentary website
  2. Takes signatures
  3. House Standing Committee on Petitions processes the petition
  4. Committee shares a report on petitions lodged before them on a sporadic basis (usually bi-monthly)
  5. Report also shares the ministerial response to petitions
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5
Q

Strenghts of a petition

A
  • Easy and free
  • Relevant minister must respond to all petitions
  • More signatures means more awareness in community and media
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6
Q

Weaknesses of a petition

A
  • Less signatures won’t impact law reform much
  • Relevant minister decides whether to take action
  • Usually have to be about parliaments agenda to have notice
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7
Q

Define demonstration

A

A public protest to a law or action undertaken by a large group of people

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8
Q

Strenghts of demonstrations

A
  • Disruption can be effective to have demands met
  • The bigger, the more publicity for the issue
  • Rep. nature of parliament means MPs should listen to protesting constituents
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9
Q

Limitations of demonstrations

A
  • Momentum can fade
  • Disruptions often cause negative media attention
  • Difficult/time consuming to organise
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10
Q

Strengths of the courts in law reform

A
  • Creation of precedent
  • Codification
  • Unsuccessful cases can create media attention
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11
Q

Limitations of courts to influence law reform

A
  • Parties must have standing and evidence to have a good outcome
  • Abrogation
  • Costs/delays may deter parties from having their cases heard in court
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12
Q

Define traditional media

A

mechanisms for spreading information that began use prior to the 21st century, such as newspapers, magazines, television, and radio

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13
Q

Good about trad. media

A
  • Large scale resources (money, people, power)
  • Can do deep research into topics
  • Wide reach
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14
Q

Bad about trad. media

A
  • Can be self-serving (money)
  • Skew information/biased
  • e.g. backing political candidates
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15
Q

Strengths of trad. media

A
  • Creditable (esp. older)
  • Accessible
  • Govt. fearful of negative representation over issue
  • Large financial resources, deeply investigate issues
  • Political connections, info straight from source
  • Gather polls/data ensuring laws are changed representatively
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16
Q

Limitations of trad. media

A
  • Sensationalise events for good headlines, misleading
  • Oversimilifiaction of facts, misleading
  • Media ownership creates bias within news sources
  • Can push against law reform
17
Q

Define soclial media

A

mechanisms for sharing information used in the 21st century, involving digital applications and websites such as Facebook, YouTube, Instagram and X (twitter)

18
Q

Strengths of social media

A
  • Accessible for younger generations
  • Free
  • Communities can use voice without waiting for mainstream media
  • Internationa, instanteous info sharing
  • MPs can engage directly with constitutents via social media
19
Q

Limitations of social media

A
  • Echo chambers/algorithms create politcally polarized society
  • Govt. usually only makes changes already on agenda
  • Disinformation/ misinformation easy to post and pass as news with no facts
20
Q

Define the Victorian Law Reform Commission

A

the central, independent law reform body in Victoria which investigates a wide range of matters, concerning both the criminal and civil justice system, and provides recommendations to the Victorian Parliament about areas of potential law reform

21
Q

Roles of the VLRC

A

Main - Investigate, report and make recommendations based on issues given by AG
Other:
- Investigate minor community issues
- Conduct inquiries
- Monitor and coordinate law reform
- Provide educational programs

22
Q

6 steps of the VLRC process

A
  1. A project is initiated
  2. Initial research and consultations
  3. Consultation and submissions
  4. Report is made, with recommendations for reform
  5. Tabling (given to parliament)
  6. Government response and (potential) changes to law
23
Q

Facts of the VLRC inquiry into Stalking

A
  • February 2021, received a terms of reference from the Victorian Attorney-General to investigate Victorian response to stalking, harassment and similar conduct
  • Specifically surrounding non-family, violent stalking (less developed area of law)
24
Q

Terms of reference of VLRC inquiry into Stalking

A
  • Investigate and report on stalking in Victoria
  • Fix current barriers in legislation that restrict effectiveness of response
  • Concern for victims safety and wellbeing is the most important thing
  • Consider current legislation concerning stalking and harassment
  • Sentencing practices and available sentencing options for stalking offenders
25
Q

Investigative process of VLRC inquiry into stalking

A

115 written submissions and 254 online submissions from stalking victims, community members and other organisation

26
Q

Report + recommendation of VLRC inqury into stalking

A
  • Produced an interim report on 22 December 2021
  • Full investigation produced report with 45 recs. including:
    ○ Reform victim support services
    ○ Reform Personal Safety Intervention Orders Act 2010 to classify stalking victims as protected witnesses,
    ○ Provide judicial officers and court staff with training around stalking
    ○ Provide education about stalking and cyberstalking
27
Q

Strenghts of VLRC

A
  • Terms of reference from AG, meaning recs. are more likely to be considered
  • VLRC is able to run small projects, and can provide recs. for specific groups
  • Invites submissions from community & experts, meaning rep. nature of parliament should listen
  • Thorough investigation meaning recs. address community needs
  • Independent, reviews laws and controversial topics objectively
  • 75% of all 46 inquries have been partially or entirely implemented, the VLRC is successful in its role of advising parliament in areas of law-reform
28
Q

Limitations of VLRC

A
  • Govt. under no obligation to implement recs.
  • Limited by the terms of reference for big issues
  • Inquiries can be time consuming, slowing law reform
  • Stalking inquiry is yet to have its recommendations implemented despite being tabled in late 2022
  • Projects can be costly, which may limit the scope of investigations
  • Can only provide law reform recommendations for Victoria, not the Commonwealth
29
Q

Define Royal Commission

A

The highest form of inquiry, which investigates a particular issue through consultation with experts and the community, then develops a final report of recommendations for law reform which is tabled for parliament

30
Q

What do Royal Commissions explore

A
  • Area of policy through social, legal and political factors
  • Particular incident or allegiation where the govt. is seeking the truth
31
Q

Who initates a Royal Commission

A

The Governor-General (Cwth.) or Governor (State)

32
Q

Roles of Royal Commission

A
  • Receive/analyse terms of reference
  • Undertake research and prepare consultation papers
  • Seek submissions from community (individuals, experts, interest groups)
  • Conduct meetings for public to provide evidence
  • Engage in coercive powers of investigation
  • Present a final report to parliament with recommendations
33
Q

What are coercive powers of investigation

A

The ability to issue a summons orderijg a person before the commission, requiring them to give evidence under oath and providing penalties for failing to comply with summons/breaking oath

34
Q

Strengths of Royal Commission to influence law reform

A
  • Can fully investiage an incident, meaning recommendations accurately address issue
  • Independant/non-political
  • Established by parliament, more likely to be adopted
  • Coersive powers allow for full truth
  • Hearings are public, meaning public can indirectly influence law reform
  • Tabled in parliament, issues directly presented
35
Q

Limitations of Royal Commission to influence law reform

A
  • Highest inquiry, rare
  • Expensive (resources, staff, experts)
  • No obligation to follow recs.
  • Time consuming, slow law reform
  • Govt. has to decide to initate a commission, meaning may not introduce a politically bad issue
36
Q

Define parliamentary committee

A

A group of members of parliament who undertake work on behalf of parliament and investigate the need for law reform

37
Q

What are the types of parliamentary committees

A
  • Standing (appointed for life of parliament)
  • Select (created for a specific purpose to investigate an issue)
  • Join (Comprised of members from both houses, either standing or select)
38
Q
A

Legal Studies (year 12) (4 decks)

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