Unit 4 AOS 2 Flashcards
Reasons to for law reform:
Changes in com values
Changes in community attitudes, values, beliefs:
Law must stay relevant to societal change to meet all needs as best as possible
Eg: Domestic animals amendment 2017 to ban puppy farming and animal cruelty in breeding
Reasons for reform:
Tech development
As tech develops over time new unforseen issues arise which need to be accounted for. Risks/ways to be exploited/harmed via tech increasing tf req law to protect
Eg; Increase in use of AI and deepfakes w explicit and face images produced and circulated in schools = Criminal Code act 1995 amended to inc online offences
Reasons for reform:
Community protection
Ensure social cohesion and protect vulnerable groups from harm. Inc emotional, economic, physical. Law req to change to ref societal complexity
Eg: Manditory reporting of suspected child abuse to occupations that owe duty of care to students/ interact regularly w youth
Method to influence reform
Petitions
docu containing signitures from indiv who demand an action which is given to parliament
-only direct way to put concerns before parliament
RULES:
-Petition adresses house presented in
-state action + reason
-details of initiator
-at least 1 signiture
Minister certain amt time to respond
Eg age criminal liability
+ves Petitions
-convenient+free especially ePetitions
-relevant minister req to respond to all e-petitions
-More sig = more parl attention
-public awareness
-ves Petitions:
-Unlikely to respond to low sigs
-up to relevant minister to det whether reform important
-some ppl reluctant to put name/sig
-opposing petitions on same topic
Ways to influence law reform
Demonstrations/Protest
LArge gatherings of individuals to protest law and call for reform ussually in public place
-Coordinated and organised meeting of ppl to suport change
-public
-speaker to adress issue
-draw public attention via inconvenience
Eg PTV strike for payrise
+ves; Demonstrations
-cause inconvenience tf public attention
-more publicity
-educate community and gain support
-ves: Demostrations
-momentum fades if reform x occur directly after
-often attract -ve media attention
-can turn violent and deter support
Vic Law Reform Commission
Ways to influence on law reform
VLRC given pwr via VLRC act 2000
-Statutory body which investigates matters re reform on behalf on MP’s who lack time + reccomend changes IMPARTIALLY
Roles VLRC
-Receive and analyse terms of refference given by VIC attorney general re scope for project and research+ parameters
-Educate/ provide educative programs for community + students
-Investigate issues and recommend changes to vic attorney general (must not take up large amt resources)
VLRC process:
(6 steps)
1) receive terms of refference via vic attoreney gen
2) conduct initial research
3) Consultation paper published w context + stakeholder consult. as well as stakeholder submissions
4) prepares report to vic attorney general
5) Vic att-gen must table in parl within 14 days
6) gov response (not obliged)
+ves VLRC
-terms of refference given by MP tf findings more likely to be agreed upon
-can initiate w out terms of refference
-findings are indep from political bias tf effective
-research based (evidenced)
-ves VLRC
-Gov not obliged to change law
-VLRC limited by terms of reference
-only minor issues may be researched w out terms of reference and resources not given tw VLRC-led investigations
The role of Media in inluencing law reform:
Media = way info communicated
inc traditional (non interactive) and new (interactive)
3 Roles of media:
1) raise awareness and inform
2) assess level of support w in community to influence change
3) influence community opinions to change law
+ves Media
-traditional media acts under code whereby stories must be fact checked
-access to international audiences + large scale attention
-gov works in fear of -ve representation in media tf pressure reform
-ves: media
-social media often biased and opinionated/ can manipulate vulnreble audiences
-traditional media costly eg newspaper
-filters on social media may ban exposure of issues in soc eg tik tok ban what is considered “political messaging”
Court influence on law reform
Can lead to reform via establishment of precedent
req:
1) Standing + leave
2) $ + time
3) estab precedent means superior court or leave to appeal
4) outcome can be codified/ abrogated
eg of how courts influence reform
indiv took action to allow NSW registry of births, marriages and deaths to include ability to register as “non speficic sex”.
HC rules that registry DID have power to register this way + caused VIC parl to ammend births deaths marriages act 2019 to include non binary
+ves courts
-can be codified
-even if unsuccessful it gains attention
-judges politically independent tf can rule in contraversial matters
-ves courts
-standing and leave for litigation
- time and $
-Judges not elected tf x rep populations views
Case study: VLRC Reform
Under Juries Act 2000 req to be juror inc capacity to understand + effectively communicate
-blind and deaf not expressly excluded however 13th person common law = only 12 jurors allowed
-March 20 14 submissions from stakeholders 29 consultations w VLA etc
-Tabled in 2023 May w 53 recommendations but not yet initiated
recommendations inc amend act, interpreters and judge training
Royal Comissions
the most formal inquiry process
rep gov general tf royal
have statutory authority via ROYAL COMMISSION ACT 1902 and INQUIRIES ACT 2014 vic
Occur both state and cwlth
indep to parl
Roles and process
1) prepare consultation paper that outlines parameters
2) Seek FB and submissions from stakeholders
3) Conduct hearing
4) Engage in coercive pwr to investigate
5) Present final report to parliament w reccomendations
+ves Royal Comissions
-Comprehensively investigate via coercive pwr
-Indep to gov tf contraversial issues discussed
-parl more likely to act bc body estab by gov
-ves Royal Comission
-Highest form of inquiry tf rare
-$$$$
-Gov not obliged to reform tf can be waste of res
Disability Royal Comission 2019
est aprl 2019 in resp to conern
Investigated:
-preventing, protecting diabled
-promote inclusivity
-extended to schools, workplaces, jail, home etc
Findings and recommendations:
Disability Royal Commission
5 year period= $527.9 million
222 reccomendation inc Aus disability rights act
-system for reporting abuse
-0 tolerance in schools taught
IMPACT:
passed diability and inclusion act 2023 to embed human rights to statute
Reasons for Constitutional reform: Change Australia’s political system
To change political structures in aus
eg: 1999 reffurendum to become a republic rather than a constitutional monarchy
-failed but caused much debate
2022=37% mon and 43% rep
Aim to separate from omarchy to reduce indoctrinated racism
Reasons for Constitutional reform: Increase protection of rights
Aus only had 5 express rights tf want to turn more to statue
Roach estab precedent for implied right of voting but not into constitution
push for bill of rights
-1988 referendum for freedom of religion but failed bc ppl thought meant abolishing religion
Reasons for Constitutional reform: Change commonwealth lawmaking powers
division of pwoers outlines in constitution tf if want to change req change in const
eg 1946 referendum to allow cwlth gov to leg over social services inc unemp and medical benefits = YES vote w 54% majority
Reasons for Constitutional reform: Recognise FNP
When const drafted = not recog FNP/ connection to the land
3 refurendums in rel to FNP
1967 removes S127 = enable FNP census
1999 FNP added to constitutions preabmle
2023 FN voice to parliament
Passing a referendum
1) Bill introduces
2) passed by both houses absolute majority
3) info given to voters
4) vote yes/no
REQ 4/6 states and aus over 50%
Royal assent
change const
+ves referendum
-democratic process = rep views
-s128 gives power of people to reject
-yes/no + simple and clarity
-ves: referendum
-expensive
-rarely succesful (8/44) bc hurdles
-ramdon vote skew results bc compulsory voting and x care
Factors that influence a referendum: BIPARTISAN SUPPORT
occurs when both leading political parties agree w change
leaders influence opinions and desc to increase/decrease success
Factors that influence a referendum: how informed people are
-public has little knowledge re constitution
depends on now much info and support received
-strength of campaign
Factors that influence a referendum: Nature of proposal
-Legal jargon confuses
-limited/ more than one proposal confuses ppl
eg: 1999 ref = 47% wanted more info
Factors that influence a referendum: whether seeking change or not
1999 Referendum
Proposal to seperate aus from constitutional monarchy to republic to reduce internalised racism
-inc jargon and uncertainty bc x know how would affect all legal proceses ie “appointed by 2/3 majority members of cwlth parliament’
ppl thought american style tf voted no
=only 45% yes
The 1967 Referendum:
27TH MAY 1967
Amend constitution to remove S127 “aboriginal natives shall not be counted”
S51 xxiv which gives power to parl to legislate for the peace order and good government to any race other than Aboriginals
Impact of referendum 1967
-Extend cwlth powers to leg on FNPS, now concurrent
-formal inclusion FNPS in census
-Policies prod inc KOORI CT
-unprecedented support = increased equality movt
2023 Referendum:
Aimed to ADD section 129, which read as ‘Recognition of aborigional and Torres Strait Islander Peoples”
-Estab body called ATSI Voice
-Body would advise+ represent FNPs
Liberal+ national OPPOSED
Labour+ greens FOR
39.9% YES tf UNSUCCESSFUL
Significance of 2023 Referendum
-Lack of bipartisan support
(8 that passed had bipartisan support)
-many aus x understand change bc “yes” campaign was vague
-some believed change was tokenistic and that proposition x do anything for equality
Ability of people to change constitution in future:
-at this stage no further changes suggested
-whilst ppl have ultimate control, change will only occur if gov interested in change
-Financial factors $450 million for 2023 Ref
-Speculate that 2023 is last ref for long time
-x voice means less likely to be republic
-political activism in youth = as time passes more activist
Future Change
Still such debate about whether to become a republic (1999 Referendum reference)
For: Republic
-Should have an Aussie as head of state not king/queen
-aus should be able to chose who rep them and fulfil constitutional roles
-“undemocratic” for head of state to be passed down through family
-perpetuate intitutionalised racism from colonisation
Against: Republic
-maintain status quo w certainty and stability
-req 69 changes to constitution whereas only 13 occured over time tf showing how fundamental and sig change would be
-change is unpredictable and unknown impact of politics/ courts / structure
