Unit 4 AOS 2 Legal ( The people and reform)

Question 1

What are the three main ways to influence law reform

Answer 1

Petition- A formal written request to the parliament to take some action or implement law reform

Demonstrations- A gathering of people of people to protect or express their common concern or dissatisfaction with an existing law as a means of influencing law reform

The use of the courts- Taking matters to court in hope of changing law reform can work

Question 2

What are petition and what are the rules

Answer 2

Petitions are a formal written request to parliament to take action or implement law reform , it is the only way for individuals to directly put there concerns or complaints before parliament

What are the rules for a petition
- It must be addressed to the house in which it is being presented
- Clearly states the actions being requested
- Limited by the amount of words (HoR has 250 limit)
-e- petitions can be created but must be made from government sites

Question 3

What are demonstrations

Answer 3

Refers to a gathering od people to protect or express their common concern or dissatisfaction with an existing law as a means of influencing law reform

Question 4

What is influencing law reform with the use of the courts

Answer 4

Individuals can influence law reform by taking matters to court and hoping that a judge will rule in there Favour and therefore make a precedent and lead to law reform

Question 5

How are and are not are petitions effective

Answer 5

How they are
- The number of people who sign the petition can determine if its effective, if there is a lot of the general public that have signed one parliament is inclined to go along with the petition to uphold to principle of a responsible government
- E- Petitions aimed at parliament can be made on parliament websites which makes it easy for parliament to see a petition

How they are not
- If a petition cannot show that a majority or at least a large amount of a population agree or just sign a petition then it will not be effective because parliament is not inclined to go along with the petition
- If a E- petition is not made through government websites then parliament will not be able to see or read the petition because it has not been made through the right channels

Question 6

How are and are not demonstrations effective

Answer 6

How they are
- If there is a lot of media attention it can lead to law reform with how parliament is meant to be responsible so the more people involved the more likely parliament is going to change law
- Demonstrations can lead to a member of parliament “adopting a case” which means that they will advocate for a issue

How they are not
- Certain demonstrations may focus on issues that cannot be changed by parliament such as the issues occurring in Palestine
- Violence or inconvenient demonstrations that occur during the demonstrations can lead to demonstrations not being effective

Question 7

Is the use of the courts effective in law reform

Answer 7

How they are
- The ability if the courts to change laws depends on various factors such as somebody has to challenge the law which can highlight how bad unfair or unclear a law is which can lead to change
- The court can rule a law ultra vires otherwise known as void

How they are not
- A challenge is time consuming as well as costs a lot of money, and since a challenge is not guaranteed law reform a individual can waste a lot of time and money for law reform to not take place on the quote unquote bad law.
- Standing is also a requirement

Question 8

What are the 3 main forms of the media

Answer 8

1. print media- Refers to the printed publications such as newspapers, magazines, billboards
2. Broadcasts media- TV or radio
3. Digital media Distribution of information through internet and electronic devices

Question 9

What is the role of the media

Answer 9

• Informing and raising awareness
• Medias main role is to inform the community about social, political and legal issues
• Assessing level of community support

Question 10

What is the Victorian Law reform commission (VLRC)

Answer 10

Victorias leading independent law reform organization, the VLRC reviews researches and makes recommendations to the state parliament about possible changes to vic laws.

The VLRC monitors and coordinates law reform activity in VIC and investigate/ advice vic gov to update and improve the law, the VLRC will also engage the community in consultations and debates to ensure the vic gov is focused on giving the public what they want

Question 11

What are the functions of the VLRC and what section of the Victorian law reform act set this out

Answer 11

Under section 5 of the vic law reform acts sets out the roles which are

1. Major inquiry- To examine and report on any proposal or matter referred to by the vic attorney general and make recommendations to attorney general for law reform

Community inquiry- To investigate minor legal issues that the VLRC believes are general concern in the community and report it to the attorney general with recommendations for law reform

Monitoring- To monitor and coordinate law reform activity ub vic such as suggestions to the attorney- general that they refer a legal issue or matter relating to law reform to it for investigation, therefore after consultation with various groups and other law reform bodies the VLRC will suggests to the attorney general new places for law reform

Educating- To undertake educational program and inform the community on areas of law reform

Question 12

What is a terms of reference

Answer 12

Instructions given to a formal body (law reform body or royal commission) to investigate an important matter, terms of reference set out the precise scope and purpose of the inquiry and the date by which the final report must be complete

Question 13

Processes used by VLRC in law reform

Answer 13

1. Undertake initial research and consult experts
2. Establish an expert panel or committee
3. Publish a consultive paper
4. Hold consultation and discussion with and invite submission form
5. Publish a final report
6. Present the final report to the attorney general

Question 14

The ability of the VLRC to influence law reform

Answer 14

Strengths
- As the VLRC is independent of parliament and political party’s it can remain objective and unbiased in making its recommendations
- Stats suggest that VLRC can be highly influential with 75% of the recommendations being adopted

Weaknesses
- The VIC parliament is not obligated to support or adopt any of the VLRC recommendations for law reform
- VLRC inquiry’s can be time consuming usually taking 12-24 months

Question 15

What are parliamentary committees and the committee system

Answer 15

Parliamentary committee- A small group of members of parliament who consider and report on a single subject in wither one or both houses and members can come from any party

Committee system- A system in federal state and territory parliament in Australia that involves the of separate working parities (committees) to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform

Question 16

Processes used by a parliamentary committee

Answer 16

• Receives a terms of reference
• Publicis its terms of reference and seek input
• Undertakes in public or private hearings
• prepares a written report of its findings

Question 17

What are the 4 specific committees and recent inquiry’s

Answer 17

1. Standing committees
2. Select committees
3. Joint investigation committees
4. Domestic committees

Question 18

Strengths and weaknesses of parliamentary committees on law reform

Answer 18

Strengths
- Final report prepared by a committee help parliament be more informed on a issue
- Committee’s can examine issues more efficiently than having the entire parliament involved in a investigation

Weaknesses
- Commitee investigation can be time consuming and costly
-committees are restricted to examine matters only set out in the terms of reference

Question 19

What are royal commissions

Answer 19

The highest form of inquiry into matters of public concern and importance. Royal commissions are established by the government and are given wide powers to investigate and report on an important matter of public concern.

Question 20

Processes used by the royal commission

Answer 20

• Prepare consultation research or background papers
• Undertake consultation sessions
• Seeks community input via submission
• Obtain documents
• Hold public or private hearings

Question 21

What are the reasons for constitutional reform

Answer 21

1. To reflect modern society
2. Increase of rights protection
3. change of law making powers (NOT TAS DAM CAUSE THAT IS THE HC)
4. Change in structure/ reform political system

Question 22

How can we change the constitution

Answer 22

The constitution can only be changed with the use of a referendum

Before referendum can occur both houses of parliament must pass the proposed law changed to the constitution

Question 23

What is the double majority provision

Answer 23

In a referendum voters either vote yes or no for a referendum to be successful and achieve a double majority provision which is

A majority of voters must votes yes (Including territory’s and must vote yes)

AND

A majority of voters in a majority of states must votes yes, so out of the 6 states 4 of the states must have there votes be over 50 percent

Question 24

All of the factors that can effect a successful referendum

Answer 24

1. Getting the proposal through both levels of parliament via an absolute majority, the need of bipartisan support may be needed
2. The double majority provision
3. Education
4. Cost/timing
5. Nature of the change

Question 25

What is the significance and impact of the 1967 aboriginal people referendum

Answer 25

SIGNIFICANCE
-Overwhelming support for the vote of yes means AUS views of its treatment of indigenous people were changed

• Alters the division of law making powers as now the commonwealth parliament had the power to legislate in indigenous affairs
• Allows for indigenous people to be in the census impacting there representation

IMPACT
- Most successful referendum with over 90 saying ye

• Subsequently reforms were passed in housing, education, employment and greater access to justice

Question 26

What is the proposed impact and significance of the 2023 the voice referendum

Question 27

Discussing if Australia can change the constitution