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Legal unit 3/4 > Unit ４ AOS 2 : Law Reform > Flashcards

Unit ４ AOS 2 : Law Reform Flashcards

1
Q

Reasons for law reform

A
  1. Changing community values, attitudes and beliefs
  2. Technological advancement/ change in technology
  3. Need for community protection
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2
Q

Changing Community Values, Attitudes and Beliefs

A
  • An increase in education and the ability to seek out information —> Change in values
    -Laws need to change to reflect societal values and beliefs
    -e.g. Same-sex marriage- Marriage Act 1961 Cth
    -e.g. Domestic Animals Amendment (puppy farms and pet shops) Act 2017
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3
Q

Technological advancement

A
  • Technology evolves rapidly —> ^
    the ability for ppl. to be taken advantage
  • e.g. Criminal Code Amendment Bill 2024 = restricts the use of AI to create sexually explicit/ non-consensual images
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4
Q

Need for Community Protection

A
  • ensure social cohesion, and protect vulnerable groups from harm (physical, economic, emotional)
    -e.g. Crimes Legislation Amendment Act 2022 = offensive behaviour regarding the police officer incident
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5
Q

Requirements for petitions

A
  1. At least signed once
  2. Petition addresses that house
  3. Contains details of the person who initiated/ organised the petition
  4. States the action being requested for legislative change (DEMANDS FOR LEGISLATIVE CHANGE)
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6
Q

Petition points

A
  • Document of a collection of signatures from individuals demanding legislative reform
    -Only way an individual can directly get concerns before parliament
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7
Q

Petition Example

A

2022 raise the age of criminal responsibility from 10-12-14

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8
Q

Petition Strengths

A
  • Convenient
  • Cheap (free)
  • More signatures —> more awareness
  • ^signatures —> alerts parliament
  • E-petitions make it easier for people to spread the petition —> ^support for the issue / ^ awareness / ^ signatures
    -MP is required to review all formal petitions submitted to parliament
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9
Q

Petition weaknesses

A
  • If there aren’t many signatures, MPs are less likely to respond
  • Up to MP to determine if petition should be actioned
  • Privacy reasons —> people may be reluctant to sign a petition
  • multiple petitions opposing an issue may —> dilute the impact
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10
Q

Similarities -Petitions & Demonstrations

A
  • Both people-driven methods
  • Informal methods (out of the structure of parliament)
  • accessible (free to individuals and groups)
  • can be initiated by individuals or by groups
  • both serve to attract attention of Parliament and the media
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11
Q

Demonstrations/ protests

A
  • Large gathering of individuals& groups
  • To protest a law / call for parliament to undertake legislative reform
  • Gathering generally in public
  • Involves speaker - addresses the media —> describe what change is needed
  • Designed to draw public attention/ cause inconvenience
  • Can become violent
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12
Q

Demonstrations/ protests Example

A

-e.g. Ballarat- End Violence Against Women —> call for legislative change to protect women due to an increase in crimes against woman in that particular area
-e.g. Climate Change protest
-e.g. Change the date (Australia Day)

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13
Q

Demonstrations/ protests Strengths

A
  • Disruptions —> publicity/ draw public attention to a particular issue
  • Large no. of ppl. —> draw attention of the media/ parliament
    -parliament can identify and assess level of support for an issue by the amount of ppl. attending (rep gov)
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14
Q

Demonstrations/ protests Weaknesses

A
  • If successful Demonstrations/ protests are not met with immediate action —> may lose momentum
  • Difficult to organise due to the nature of how many people are required to attend
  • May cause disruptions that draws negative attention towards the cause
  • Fence sitters may change stance due to negative impact of
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15
Q

Courts Requirements for courts to Influence law reform

A
  1. Requirement for standing
  2. Ability to establish precedent
  3. Individual’s resources (time and money)
  4. ability for codification/ Abrogatioin
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16
Q

Strengths of Courts

A
  • Precedent legally binding on all lower courts —> establish common law
  • Codification implement a precedent into statute law
  • Judge can make obiter dictum comments calling for parliament to make law reform
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17
Q

Limitations of Courts

A
  • Parliament can abrogate the decision
  • Requirement for standing
  • Time and money —> resources
  • Judges are not elected –> decisions may not reflect values of the public
18
Q

Examples of court cases that influence law reform- evaluation points

A

Codification- Mabo case
Abrogation- Trigwell case
Requirement for standing - Masson V Parsons
Requirement for standing McBain/ Church members denied
Ability to create legally binding precedent - Masson V Parsons

19
Q

Media roles

A
  1. Informing and raising awareness
  2. Assessing levels of community support
  3. Influencing community opinions
20
Q

Traditional Media

A
  • Non- digital technology
  • Less interactive
  • Sender > Message > Receiver
  • Highly Concentrated ownership (around 80% of owned by 2 companies)
  • Requires a code of conduct
21
Q

Modern Media

A
  • Digital media
  • Caused by advancements in technology
  • More interactive
  • Involves receiving media but also interacting with media
  • Anyone can post (social media)
  • No requirement for users to follow a Code of conduct
    -may not always be factually correct
    regulated by corporation/ company
22
Q

Media examples

A
  • Coercive control (advertisement NSW)
  • Live exportation of sheep (Documentary of ABC 7:30)
  • Raising the age of criminal liability
    -Children and Social Media use
23
Q

VLRC Roles

A
  • Receiving and analysing TOR from AG
  • Investigating minor Community legal issues (Inclusive Juries)
  • Provide education resources
23
Q

Media Strengths

A
  • SM allows anyone to post > greater viewpoints shared
  • Traditional media follow a professional journalistic code of conduct > factual
    -SM allows MPs to gain direct access
  • SM can show media/ opinions to a large group of people/ draw attention to issues
23
Q

Media weaknesses

A

-Traditional media > high concentration ownerships > limited perspectives
- SM lacks requirement for the people to meet a code of conduct
- Algorithms shape what people see/ opinions and ideas they receive

24
Q

VLRC Strengths

A
  • Not politically motivated
  • Receive TOR from AG –> Parliament ^ trust
  • Formal law reform methods > ^trust from Parliament
    -VLRC undertakes an extensive investigative process into particular issues > parliament ^ likely to implement changes
  • Can investigate minor community legal issues > representative government
25
Q

VLRC Weaknesses

A
  • Time Consuming
  • Expensive
  • Parliament is not required to implement suggestions
  • VLRC can be limited by TOR from AG
26
Q

Inclusive juries

A

Juries Act 2000 (Vic)
-March 2020 - May 2023
- Not explicitly restricted from serving on jury but they will be excused if they cannot understand facts presented, follow instructions of the judge, collaborate and communicate with other jurors
- !3th person rule- restricted b/c 13th person (i.e. supports person) may influence
- 14 Submissions
-29 Consultations
-Stakeholders- VLA / Vision Australia? Law Institute Australia

27
Q

Similarities VLRC & RC

A

-Formal law reform bodies
- Undertake investigative processes
- Make suggestions to parliament regarding law reform
- Receive TOR
- Gov funded
- Independent Statutory bodies
- Transparent processes

28
Q

Royal Commissions

A
  • Receive letter patent from GG
  • Most formal inquiry process
    -Only for when seriously bad events occur
  • Undertake research process (submissions/ Consultation)
  • Conduct hearing
  • Coercive powers of investigation
    -Usually public
    -Present a final report to parliament
29
Q

Royal Commissions Strengths

A
  • Not influenced by parliament
  • Formal law reform
  • Long and expensive process > more likely to be implemented
  • Allow the gov of the day to determine support towards the issue
30
Q

Royal Commissions Weaknesses

A
  • Expensive
  • Time consuming
  • May fail if there is a shift in gov during the process
    -Parliament has no requirement to follow/implement suggestions
  • Rare and for exceptional circumstances
31
Q

Disability Royal Commission

A
  • Apr 2019 - Sep 2023
  • Areas Investigated: groups homes, schools, workplaces, hospitals, institutions
  • Issues investigated: Child abuse, sexual abuse, physical abuse, economic abuse, neglect, lack of efficacy
  • Submissions: around 8000
  • Phone enquiries: 18000
    -private sessions: 700
  • Recommendations: 222
  • Cost: around $530 million
  • Recommendations include: aligning legislation with international treaty, Introduction of the Disability Rights Act (already)
32
Q

Reasons for Constitutional Reform

A
  1. Change Parliament’s law-making powers
  2. Recognise First Nations People
  3. Increase Rights Protection
  4. Change the structure of Parliament
33
Q

2023

A

THE VOICE
= intro under s129 an Aboriginal and Torres Strait Islander People’s Voice to parliament
= Advisory body ONLY, no veto powers, no lawmaking powers, only can influence FNP legislation where relevant
- 39.94 % Vote YES
- No majority in any of the 6 states

34
Q

1967

A

CENSUS/ CTH POWERS
- Section 51(XXVI) line removed > allowed parliament to legislate on FNP matters (residual power > concurrent power)
- Section 127 removed > included FNP in the Census > allow parliament to regulate resources to FNP communities that previously weren’t available
- 90.77% Yes
-majority in all 6 states

35
Q

1999

A

REPUBLIC
- proposed a complete change to the political structure of the Australian Parliament as it would no longer be a constitutional monarchy > Republic
- Unsuccessful with a majority of voters voting no
-45.13% Voted Yes
-no majority in any of the 6 states

36
Q

1946

A

SOCIAL SERVICES
- allowed Cth parliament to ^ lawmaking power to include social services (i.e. Pharmaceutical, medical, unemployment, parental leave)
- Increased parliament’s lawmaking ability
-54% Yes
- Majority in all 6 states

37
Q

Strengths of Referendum

A
  • Parliament must first pass constitution alteration bill
    -Only method of altering the wording of the constitution- S128
  • Since most are unsuccessful when a referendum is successful it shows overwhelming support for change
38
Q

Factors Influencing the success of a referendum (influencing people voting yes)

A
  • Bipartisan support
  • Nature of the proposal
  • How informed/ educated voters are about the proposal
  • Willingness for change
39
Q

Weaknesses of Referendum

A
  • time consuming
  • expensive
    -unlikely to be successful only 8 since federation
  • the requirement for a double majority makes it almost impossible
  • Likely to need Bipartisan support for success

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