Unit 4 AOS 2

Question 1

Reasons for law reform

Answer 1

shifts in community values
advances in technology
changes to economic conditions
protection of society

Question 2

shifts in community values

Answer 2

The shared beliefs of the local, state, and national communities are always changing.
Therefore, laws must adapt to suit these changing beliefs, so that citizens are more
likely to respect and obey the law.

Question 3

Advances in technology

Answer 3

Technology is becoming increasingly widespread and essential to the everyday
lives of humans. Advances in technology have numerous implications for many
different areas of law.

Question 4

Changes to economic conditions

Answer 4

Due to the cyclical nature of Australia’s economy, economic conditions are constantly
changing. Therefore, legislation must be created or amended to reflect the economy’s
needs throughout various stages of its cycle. F
(covid 19)

Question 5

protection of society

Answer 5

Our society is comprised of various different groups and communities, many of whom
are vulnerable to harm. Parliament must change the law when it is clear that existing
laws do not adequately protect these particular groups, especially when these groups
cannot prevent or control the harm that is occurring

Question 6

Influences on law reform

Answer 6

petitions, demonstrations, use of the courts

Question 7

petitions and example

Answer 7

A petition is a written document signed by a number of people to demand change from the government
- raise the age campaign

Question 8

evaluate petitions

Answer 8

strength
Petitions are a convenient and free method of collating support for action

Petitions with a large number of signatures can successfully raise awareness about an issue within the media and community

weakness
Parliament is unlikely to respond to calls for law reform if a petition does not have many signatures or high levels of community support

It is ultimately up to the relevant minister to determine if the demands of a petition will be actioned or not.

Question 9

demonstrations and example

Answer 9

Demonstrations occur when a large number of people congregate to bring attention to a common issue and are often the result of people’s dissatisfaction with the current law.

• change the date

Question 10

evaluate demonstrations

Answer 10

Demonstrations have the ability to cause disruption and can be an effective tool for people to have their demands met swiftly, as exemplified by workers’ strikes.

Demonstrations with a large number of people can be good at gaining publicity for a common issue.

weakness
If a successful demonstration is not immediately followed up by further action, momentum for a cause will often fade.

Demonstrations are difficult to organise and are time-consuming, as they require a large mass of people to be in the same place, at the same time.

Question 11

use of the courts and example

Answer 11

Individuals and groups with standing can influence law reform by bringing their cases to court as this may lead to the establishment of a new precedent

Moreover, attention can be drawn to an issue as a result of an individual or group taking a case to court. In particular, class actions

• trigwell

Question 12

evaluate the use of courts

Answer 12

The courts may establish a new precedent when a case is brought before them.

Parliament may codify common law principles into statutory law.

Even if a matter is unsuccessful in court, attention may be garnered that can prompt legislative change.

weakness
Individuals or groups pursuing litigation must hold sufficient standing, whilst also establishing enough evidence to not only bring the case to court but also have an outcome that is in their favour.

The supremacy of parliament means it can abrogate any common law precedent set by the courts.

Question 13

What is the role of TM in law reform?

Answer 13

Inform and raise awareness
Assess levels of comm support
Influence community opinion

Question 14

Strengths and weaknesses of TM in law reform

Answer 14

Certain news outlets can have strong biases depending on their ownership, causing them to disseminate misleading information to the public

Question 15

What is the role of SM in law reform?

Answer 15

Media can inform people about the social, political and legal issues and need for reform to resolve issues.

Media can assist parliament to determine level of community support by gauging public opinion

Given accessible nature of social media there is a mass viewership and instant access instant support and influence for an issue raised by one person

Question 16

Strengths and weaknesses of SM in law reform

Answer 16

Social media campaigns can help assure government that there is popular support for a particular reform come election time

Social media enables communities and groups to gather support for an issue themselves, rather than having to wait for the mainstream media to capture the story

weaknesses
Just as social media campaigns can push for the law to be reformed, so too can campaigns push against law reform

Anyone can post on social media and claim it to be ‘news’ regardless of whether the information being disseminated is factual

Question 17

Who are the VLRC?

Answer 17

VLRC is a Victorian government-funded body, however they are independent from Parliament. To ensure that the legal system and laws meet the needs of the Victorian community.

Question 18

role of the VLRC

Answer 18

Recieve and anakyse the vic attorney generals terms of reference, investigate minor community legal issues, conduct inquires, monitor and coordinate reforrm, provide educational programs

Question 19

inquiry stalking case

Answer 19

In February 2021, the VLRC received a term of reference from the Victorian Attorney-General to investigate Victoria’s response to stalking.

The public submitted 115 written submissions to the VLRC, while those who have experienced in staking responded online with 254 responses to provide their opinions on the matter. The majority of submissions came from members of the community

The final report was tabled in parliament on 21 September 2022. As of October 2023, the legislative recommendations are yet to be implemented.

Question 20

evaluate vlrc ability to influence law reform

Answer 20

The VLRC is able to independently initiate projects and investigate matters concerning minor community legal issues without a term of reference

independent of political parties and is able to review laws on controversial matters objectively

VLRC invites submissions from the community and consults various parties who have expertise or an interest in the subject matter.

weaknesses
The government is not obliged to consider or implement any of the recommendations provided by the VLRC.

Projects can be costly and time consuming. Given the amount of resources available and funding provided, cost factors may limit the scope of VLRC investigations

The VLRC can only provide law reform recommendations for Victorian law and not for matters regarding Commonwealth legislation

Question 21

What is a Royal Commission?

Answer 21

major public enquiries established by the government to investigate an area or matter of public opinion or concern in Australia. They are given special investigatory powers, including the power to summon people to attend hearings, give evidence and be subject to cross-examination.

Question 22

Who can call a Royal Commission?

Answer 22

Commonwealth level – power is given to the Governor-General.
State level – power is given to the Governor
Overall, it is the government that initiates a royal commission in response to a major issue of public interest or concern

Question 23

What is the role of Royal Commission?

Answer 23

Conduct hearings
engage in coercive powers of investigation
submissions from community

Question 24

Royal Commission Process

Answer 24

referral from the crowns rep, issue paper to inital reserach to develop in line with terms of reference, hold public hearings, final report outlineing recommendations, response which is tabled in parliament

Question 25

Case study: Robodebt Royal Commission

Answer 25

the commisoner recieved a term of reference form the government outlining that the royal commisner must investigate who was responsible for setting up the scheme, and to recommend suggestions.

accepted written adn oral submissions from members of the public, they also undertook public hearings to give evidence- tuhey used their coerisve powers to compell witness like scott morrision and malcom turnbull to porduce records and provide evidence under oath.

they have 57 recommendations which were all accepted by the government.

Question 26

Evaluating the ability of Royal Commissions to influence a change in the law

Answer 26

Royal commissions are independent of the government, meaning their investigations are not influenced by political biases.

Royal commissions have coercive powers of investigation

The report developed by a royal commission is tabled in parliament, which ensures issues are directly presented before members of parliament, encouraging them to debate the recommendati

weaknesses
As royal commissions are the highest form of inquiry, they are only established in rare and exceptional circumstances.

Royal commissions can be very expensive and time consuming because of the resources required

The government is not obliged to follow the suggested recommendations by the commission

Question 27

reasons for constitutional reform

Answer 27

Shifting societal attitudes
- 1967 First Nations Referundum
Rights protection
- 1967 First Nations Referundum
High Court decisions
- 1951 communist party referendum