Unit 3: AOS 1: Reasons why laws need to be changed, Methods of changing the law, and progress of a Bill through Parliament.

Question 1

Explain changes in society’s values and give an example.

Answer 1

Laws must change as society’s values and attitudes change over years. The majority of people within society are law-abiding citizens, however if a community does not accept a law more citizens are more likely to disobey the law. Laws must change when societies values change. This can be seen when in 2015 when the Victorian Government passed the adoption amendment (adoption by same-sex couples) Act 2015. This Act needed to change as societies values and attitudes changed and they are more accepting of same sex relationships and the notion of eqaulity.

Question 2

Explain advances in technology and give an example.

Answer 2

Technology is constantly improving and opening new frontiers. As technology advances new situations are required to be covered by the law to reduce opportunity for individuals and groups being exploited or harmed. This can be seen in the Telecommunications (Intercept and Access) Ammendment (Data Retention) Act 2014 (Cth). Requires telecommunications companies to retain some metadata (e.g emails, calls, texts), from their customs for 2 years to enhance ‘power’ of intelligence and security bodies.

Question 3

Explain protection of the community and give an example.

Answer 3

The protection of a community as it ensures the community functions in a harmonious way. One of the major roles of the law is to protect individuals from harm. Laws are therefore needed to make unlawful those actions that may harm the community or individuals members of the community. As new situations come up new laws are required. This can be seen in the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Cth). A bill creating new ways dual nationals can lose their Australian citizenship by committing crimes, thus protecting the community from individuals who may cause harm.

Question 4

Define Formal Pressures

Answer 4

Formal pressures for change include actions of formal law reform bodies that are apart of the formal structures of Parliament. Such as the Victorian Law Reform Commission (VLRC) was established to assess the need for changes int he law.

Question 5

Define Informal Pressures

Answer 5

Individuals and groups can also attempt to influence law-makers to bring about changes in the law. These groups are outside the formal structures of parliament. Their activities are classified as informal pressures for change.

Question 6

Define Petitions

Answer 6

A petition is a written request containing signatures for parliament or government to take action on an issue.

Question 7

Explain the method of a petition for influencing change in a law.

Answer 7

A petition is a written request containing signatures for parliament or government to take action on an issue. In both Commonwealth Parliament and State Parliament, a member of parliament may present a petition to Parliament on behalf of the people in their electorate. During each sitting of Parliament, the president or speaker will ask member to read any petitions. These are recorded into Hansard, parliament does not have to act in them.

Question 8

What is an example of a petition

Answer 8

Media personality Derryn Hinch and many others pressure the Victorian Government to have a public register of convicted sex offenders created a petition but got rejected.

Question 9

Explain the method of using the media to influence a change in the law.

Answer 9

The media such as television, letters to the editor and talk-back radio allows law-makers to guage public opinion and informs the law-makers of changes in values and attitudes within society. It also allows for other influences such as demonstrations and petitions to have an impact as they require media coverage. The internet contains forums such as Facebook, twitter etc they are useful tools as the public can participate in them, creating public awareness of a point of view resulting in increased support.

Question 10

What is an example of use of media

Answer 10

A letter to the editor from Loraine Little, in response to the article Let’d start saving lives, which regarded the legalisation of safe injecting rooms in Victoria.

Question 11

Define Demonstrations

Answer 11

Demonstrations involve taking action to publicly display support for an issue alerting the government that there in a need to change the law. This may be in the form of a march rally or boycott.

Question 12

Explain the method of demonstrating to influence a change in the law.

Answer 12

Demonstrations involve taking action to publicly display support for an issue alerting the government that there in a need to change the law. This may be in the form of a march rally or boycott. Demonstrations draw attention to an issue and reflect the public support and media attention. However if demonstrations involve acts of violence or unlawful behaviour it may result in adverse media attention and reduce public support.

Question 13

What is an example of demonstrations

Answer 13

Cab demonstrations block Bolte Bridge

Question 14

What is the VLRC

Answer 14

The VLRC is an independent, government funded organisation. It was established to develop law reform and monitor and coordinate law reform in Victoria.

Question 15

Explain the VLRC

Answer 15

The main role of the VLRC is to undertake research and make recommendations for changes in the law on issues referred to it by the Attorney-General. The Commission can also make recommendations on issues that have not been referred to it by the Attorney General.

Question 16

What are the Roles of the VLRC

Answer 16

• Make recommendations for law reform on matters referred to it by the Attorney General. This includes conducting research, consulting and reporting on law reform project.
• Make recommendations on minor legal issues that are of general community concerns.
• Suggest to the Attorney-General that they refer a law in need of change to the Commission.
• Educate the community of areas of law relevant to the commissions work.
• Monitor and co-ordinate law reform activity in Victoria

Question 17

What occurs once the VLRC has completed their report?

Answer 17

The report containing recommendations is given to the Attorney- General who tables the report in Parliament within 14 days,

Question 18

Does the VLRC change the law?

Answer 18

The VLRC does NOT chnage the law. The VLRC makes recommendations to change the law, it is up to the parliament to change the law.

Question 19

What is an example of the VLRC

Answer 19

The VLRC was asked by the state government to conduct further research into medical canabis.

Question 20

What are the strengths of the VLRC

Answer 20

• Government has asked the VLRC to investigate an area therefore the government is more likely to act on it’s report on the need for change.
• Can guage public opinion by receiving public submissions and holding seminars in which people can have their say.
• Is able to investigate a new law that covers a whole issue.

Question 21

What are the weaknesses of the VLRC

Answer 21

• Can only investigate issues referred to it by the government or minor issues that it can look into without a reference.
• There is no obligation on the part of the government to follow any of the recommendations made.
• Investigations can be time-consuming and costly.

Question 22

What are the strengths of petitions

Answer 22

• Can make direct contact with the government when the petition is tabled in Parliament.
• Can show a high degree of support when a lot of signatures are obtained.
• Can arouse public awareness of an issue when collecting signatures.

Question 23

What are the weaknesses of petitions

Answer 23

• Many petitions are presented to Parliament and Parliament cannot respond to them all.
• Are not as visual as other methods such as demonstrations so less likely to gain support.
• It may be difficult to obtain large numbers of signatures. This can be time consuming.
• The minister tabling the petition may have little influence on government policy for new laws.

Question 24

What are the strengths of demonstrations

Answer 24

• If numbers are large then the media will be likely yo report on the demonstrations.
• With media support, they are likely to gain wide support in the community and nationally for a cause.
• Can arouse public awareness of the issue.

Question 25

What are the weaknesses of demonstrations

Answer 25

• They have to be publisiced well to get the numbers to attend to make an impression.
• Unless there is on-going support and media attention, they are likely to have little effect
• They are time-consuming to organise

Question 26

What are the strengths of the media

Answer 26

• Can gain a grounds of support for an issue if the issue is widely reported, such as through radio, T.V, newspapers etc.
• The government is fully aware of the issues that the media is covering and can guage public support about an issue through the media.
• Without the support of the media, other methods of influencing changes in the law will have little effect.

Question 27

What are the weaknesses of the media

Answer 27

• Can show that there are very strong conflicting views on issue.
• The government will only take on board an issue id it fits in with their legislative program and there is a high level of community support.
• Change in the law usually requires bipartisan support, or at least support of the minor parties and independents.

Question 28

Who are the parliamentary counsel

Answer 28

A parliamentary counsel is a lawyer who has the responsibility for drafting legislation and who is given instructions from cabinet about the purpose and the extent of the proposed legislation.

Question 29

What is the role of the parliamentary counsel?

Answer 29

• Examine and analyse the intructions given by Cabinet
• Examine constitutional, legal and other implications of the policy.
• Discuss proposals with relevant government department to ascertain intention
• Decide how policies can be implemented
• Prepare a draft Bill

Question 30

What are the problems with drafting legislation

Answer 30

• It is not always possible to forsesee future circumstance.
• The meaning of words change over time
• Poor communication between the departments and parliamentary counsel could result in loopholes or omissions.
• It is difficult to cover all situations that may arise
• Mistakes can be made with technical terms, even though parliamentary counsel seeks advice in technical areas.
• The proposed legislation may be in conflict with exsisting legislation.

Question 31

What are the steps of progressing a Bill through Parliament

Answer 31

• Idea for a change in the law
• Draft Legislation
• Introduction + 1st Reading
• Second Reading
• Committe Stage (consideration in details)
• Third Reading
• Proceeds to other house
• Same Procedure in the second as as what happened in the first
• Certification
• Royal Assent
• Proclammation
• Bill Becomes Law

Question 32

Explain Initation

Answer 32

A bill can initiated in either the upper house or lower house, the minister who wishes to introduce a Bill gives notice of his or bring the Bill into the house.

Question 33

Explain the First Reading

Answer 33

Member in change of the Bill reads the title, and moves that the Bill be now read for a first time. There is no debate, copies of the Bill and notes are circulated.

Question 34

Explain the Second Reading

Answer 34

• The member of Parliament introduces the Bill and lays before the house a statement of compatability. entailingG the compatability with the Charter of Human Rights and Responsibilities (Victoria) or Human Rights Act (Federal). The nature of compatability will then be discussed and the extent of incompatability must be explained during the second reading speech.
• The relevant minster will outline the purpose of the Bill in the second reading speech. At the end of the second reading speech the minister they will present an explanatory memorandum to the house. This will explain the reasons for the Bill and also outline it’s provisions.
• Debate will then be scheduled for a future sitting, with a break in time allowing for MOP to study the Bill before voting on it. Also allowing time to guage public reaction and discussion.
• The second reading debate,The government and opposition will then speak in turn debating the Bill. When debate has concluded a vote will be taken.
• The senior legal advisor and the scrutiny of Acts and Regulations Committee exams all of the causes and scheduled for each Bill.

Question 35

Is the committee stage always compulsory?

Answer 35

This stage can be eliminated if the house unanimously agrees.

Question 36

Explain the committee stage

Answer 36

-Committee Stage commences when the speaker(lower house) or the president(upper house), leaves the house, the house is then deemed to be in committee.
-Each clause of of the Bill is read, debated and voted on.
It is in this stage where amendments are most likely to be made.
-Adoption of the committee report, the speaker or president returns to their chair and asks the parliament to accept the committees report.

Question 37

Explain the third reading

Answer 37

The long title is read and further debate of the Bill occurs if necessary. The Bill is voted on and it’s final form.

Question 38

Explain the concept of “same procedure”

Answer 38

The same procedure occurs again in the second house, any ammendments must be communicated to the original house. Ammendments must be approved by both houses.

Question 39

Explain the certification

Answer 39

The clerk of Parliaments certifies the Bills

Question 40

Explain royal assent

Answer 40

After the Bill has been passed by both houses the governor (state level) or governor general (federal level) will grant royal assent to turn the Bill into an Act.

Question 41

Explain the Proclamation

Answer 41

• An Act comes into operation on a day stated in the Act or on a day proclaimed by the governor or governor-general in the government gazette (the proclamation).
• If not otherwise stated, an Act comes into operation 28 days after royal assent.
• The fact the Bill has been publishes it is in Hansard

Question 42

Strengths of Parliament as a law-making body

Answer 42

• It is parliament’s primary role to make laws
• Parliament is elected by the people and therefore representative of the people.
• Parliament can investigate the whole topic and make a comprehensive law andParliament has access to expert information and is therefore more able to keep up with changes in society than the courts.
• Parliament makes laws in-futuro. Meaning that laws are made for the future with the future in mind as far as possible. This means that em members of society are then able to know what the law is and why it applies to them.

Question 43

Weaknesses of Parliament as a law-making body

Answer 43

• Parliament is not always sitting and so cannot always change the law as need arises.
• There are often conflicting views within society that hinder parliament in the law-making process.
• Investigation and implementation are very time-consuming and parliament may not be able to keep up with changes in society as there are many issues that require the attention of parliament. Also investigations may be lengthy and expensive.
• Parliament can also make retrospective laws, meaning that laws can be made that make something unlawful, after the action has taken place, this can result in an injustice.