U4 AOS2B PEOPLE AND LAW REFORM

REASONS FOR LAW REFORM- Changes in beliefs, values, and attitudes

· Laws must reflect the beliefs, values and attitudes of the community at the time.

· People might be reluctant to follow laws if they don't

· Community values may change as we become more educated about an issue.

Example- changes in beliefs ect

· In 2015, the Victorian Parliament passed the Adoption Amendment [Adoption by Same-Sex Couples] Act 2015 [Vic] to allow LGBTQIA+ couples to apply to lawfully adopt children in Victoria.

This amendment was made to reflect changing community views and increasing acceptance that a person's sexual orientation or gender identity does not affect their ability to be a loving and caring parent.

REASONS FOR LAW REFORM- Greater need for protection of the community

· Law reform must occur in order to ensure individuals in the community feel safe.

· One of the major roles of the law is to protect individuals from harm.

Example- protection of community

· Victoria changed its bail laws in 2017 to make it more difficult for those accused of serious violent crimes to be released on bail. · They introduced the 'reverse-onus' provisions for serious offences which means that those accused of a serious offence will have to prove 'compelling reasons' in order to be granted bail.

STRENGTH- Petitions

· Petitions are a relatively simple, easy and inexpensive way for people to express support for a change in the law; e-petitions are particularly easy to set up, sign and monitor (in terms of progress).

· members of parliament are more likely to consider a petition for law reform that contains many signatures demonstrating strong support within the community.

LIMIITATION-Petitions

· Petitions in the Victorian Parliament must be tabled by a member of parliament. The ability of a petition to effect change may depend on whether a member is willing to table it, who tables it, and their influence within parliament.

· Parliaments receive hundreds of petitions each year and there is no guarantee or compulsion for the suggested law reform to be adopted.

STRENGTH EXAMPLE (PETITIONS)

2019 e-petition to the Commonwealth Parliament to declare a climate emergency in Australia and introduce legislation to reduce the causes of human-made climate change gathered 404 538 signatures, showing significant support for this reform. This could pressure the government to act in order to gain this significant portion of voter support.

STRENGHT- Demonstrations

· Demonstrations can alert and educate members of the community about social, economic, political and legal injustice and the need for law change.

· Demonstrations that attract large numbers of participants often attract media attention, which can generate further public support for the desired law reform.

STRENGTH EXAMPLE (demonstrations)

As part of a two-week series of demonstrations dubbed the 'Spring Rebellion', XR Victoria organised a demonstration in melbourne. Their demonstration in the NGV in which two activists glued their hands to a Picasso paining, while not damaging the painting, gained significant media attention across the country and internationally. may raise awareness about the issue, and in turn encourage others to place further pressure on the government to change the law.

LIMITATION EXAMPLE (demonstrations)

The march for climate justice occurred in the busy Melbourne CBD at peak time. This may have caused significant disruption and inconvenience to other members of the community.

STRENTGH- COURTS

· Individuals and groups can influence a change in the law by challenging the validity, meaning or fairness of an existing law in the courts. A judge's decision can lead to a change in the law or clarify the meaning of the law. Judges are politically independent and determine cases based on the facts and merit rather than electoral pressure.

STRENTGH EXAMPLE (courts)

Victoria passed the Births, Deaths and Marriages Registration Amendment Act 2019 [Vic] to change the law to allow people who don't identify as being either male or female to change their sex on their birth certificate without having to undergo surgery to affirm their sex.

LIMITATION- courts

· Courts are limited in their ability to change the law because they can only do so when a case is brought before them and only in relation to the issues in the case.

High costs, the time-consuming nature, the complexity of the processes involved and the requirement of standing may limit the ability of people to initiate cases, limiting the opportunities for the courts to influence law reform

EXPLAIN-ROLE OF THE MEDIA

· The media can inform people about social, political and legal issues and injustices, as well as the need for law reform.

· It can also provide a platform for parliament and government to explain to the community the need for law reform

Media can also be used to assist parliament + government to determine the level of community support for law reform.

SIGNIFICANCE- ROLE OF THE MEDIA

· The accessibility of social media and the ability for anyone to post information allows for large masses of people to be made aware of issues and influenced. These people may, in turn, pressure parliament to change the law.

Algorithms on social media may limit the perspectives and information that individuals are exposed to. This may impact people's ability to be informed about issues of law reform, and hence how they pressure parliament to act may be misguided and not in the best interest of the community.

EXAMPLE- ROLE OF THE MEDIA

· The #VoteYes campaign spread rapidly online, with rainbow-themed profile filters, viral videos, and celebrity endorsements.

· Influencers, sporting codes (like the AFL and NRL), and businesses (Qantas, ANZ, etc.) amplified the message across platforms, increasing public support.

STRENTGH- VLRC

· As the government requests the VLRC to investigate certain areas of law reform, the government may be more inclined to accept and enact the recommendations made in their final report.

· The recommendations made by the VLRC are based upon extensive research on community needs, values and opinions. The government may be more inclined to accept the recommendations to maintain or gain voter support.

EXAMPLE- STALKING LAW VLRC

The VLRC was able to investigate public opinion, and the views of those who have been impacted by stalking, but inviting public submissions. As a result of these inquiries, the VLRC made 45 recommendations, one of which was to amend the Crimes Act 1958 to clarify the stalking offence so that it is easier for people to understand and apply

LIMITATION- VLRC

· The VLRC can be seen to have limited resources, and hence is limited in the number of inquiries it can undertake at any given time.

· The Victorian Parliament is not obliged to adopt the recommendations made by the VLRC.

STRENTGH- ROYAL COMMISSIONS

Governments can use the findings and recommendations of Royal Commissions to justify making changes in the law and government policy. As the government initiates Royal Commissions to investigate certain areas of law reform, the government may be more inclined to accept and enact the recommendations made in their final report.

EXAMPLE- ROYAL COMMISSIONS

· A Royal Commission was set up to inquire into the failures of the Robodebt Scheme and was tasked with making recommendations for law reform to ensure that such an occurrence does not happen again. The Royal Commission was able to inquire into the scheme and measure community views and the opinions of those impacted by welcoming written and oral submissions from the public

LIMITATIONS- ROYAL COMMISSIONS

Royal Commissions can be timely and costly, which may limit their ability to be initiated to investigate and influence other much needed areas of law reform. · The extent to which Royal Commissions can influence law reform can be mixed and can depend on factors such as whether there is bipartisan support.

REASONS FOR CONSITUTIONAL LAW REFORM- recognise first nations people

· There is no mention of Australia's First Nations people in the Constitution.

· Before 1967, the Australian Constitution expressly did not recognise First Nations people as part of the Australian population.

· It left policies and law-making in relation to Aboriginal and Torres Strait Islander people to the states rather than the Commonwealth, which led to inconsistencies.

EXAMPLE- FIRST NATIONS PEOPLE LAW REFORM

· 1967 Referendum: removed section 127 to allow Aboriginal and Torres Strait Islander peoples to be counted as part of the Australian population. In addition, it expanded the Commonwealth's law-making powers to allow them to legislate with regards to Aboriginal and Torres Strait Islander peoples.

REASONS FOR CONSTITUTIONAL LAW REFORM- to reform Australia's political system

Allowing More People to be Eligible to Sit In Parliament

· There has been criticism that those who represent the people in parliament do not reflect the diverse population of Australia.

· Section 44 prevents dual citizens or dual nationals from being members of the Commonwealth Parliament.

· There have been calls to abolish section 44(i), or to amend it to clarify its effect.

FACTORS THAT AFFECT SUCCESS OF REFERENDUM- bipartisan support

· Approval by two or more parties.

In Australia, this usually means the two major political parties (ALP and the Liberal Party)

· If the opposition does not agree with the proposed change, they will lead a 'no' campaign.

· Voters would be faced with two strongly argued, opposing campaigns.

· The double majority requirement is challenging to meet as is, and hence a 'no' campaign can be impactful.

FACTORS THAT AFFECT SUCCESS OF REFERENDUM-Whether the voters are seeking change.

· Whether the people are supporting and driving the change, or whether it is more owned and supported by the government may also affect the success of a referendum.

· If the voters themselves a driving the change, historically this increases the likelihood of success

the 1967 successful referendum was seen to be driven by the people. This followed decades of First Nations people agitating against discrimination and unfair treatment

FACTORS THAT AFFECT SUCCESS OF REFERENDUM- education about proposal

· The general public can have little knowledge of the Constitution, the government and the parliamentary structures.

· This can create challenges when the people are asked to consider changing something about which they know very little.

· Some have argued in the past the referendums have not been successful in the past, not because Australians are reluctant to change, but because they do not receive the necessary information to understand the proposal fully.

SIGNIFICANCE OF PAST REFERENDUMS- 1967

· The change ensured that First Nations people were included in the total population numbers. · The change allowed the Commonwealth Parliament to specifically legislate in relation to First Nations people.

It increased the law-making powers of the Commonwealth. · It emphasised the need to focus on anti-discrimination, reconciliation, and closing the gap between First Nations people and non-Indigenous people.

SIGNIFICANCE OF PAST REFERENDUMS- 2023

· From a constitutional powers and law-making perspective, nothing changed.

· It showed that it is almost impossible to change the wording of the Constitution unless there is bipartisan support for the proposal. It is possible that many Australians did not understand what would practically change, and that the 'yes' campaign did not fully articulate what the change would mean

ENHANCE- ABILITY OF THE AUSTRALIAN PEOPLE TO CHANGE THE CONSTITUTION

The people have the power to pressure the government to initiate a referendum. They can do this by petitioning, demonstrating, or using the media. When the people are driving the change, historically this has led to a higher chance of success.

· The ability to change the Constitution also depends on the nature of the change and clarity of messaging from the 'yes' campaign, The clearer the messaging of the 'yes' campaign, the greater the chances of success

LIMITATION- ABILITY OF THE AUSTRALIAN PEOPLE TO CHANGE THE CONSTITUTION

If proposal were to be driven more by politicians, the people may have been less willing to support the change because of distrust or a level of cautiousness

· Although the Australian people can change the Constitution, they cannot necessarily force the Commonwealth to change laws.

· Although the Australian people can change the Constitution, they cannot necessarily force the Commonwealth to change laws.