unit 4 aos2- the people and reform

what are reasons for law reform?

• changes in beliefs, values and attitudes

• changes in living conditions

• advances in technology

• protection of the community

what does changes in beliefs, values and attitudes mean?

community values changing as society gets more educated and aware of issues

eg: laws introduced to ban smoking in enclosed public spaces due to the knowledge of second hand smoking

what does changing living conditions mean?

as population grows and changes, measures to uphold standard of living must also change

eg: social change in the obesity epidemic

Australian government has been called to introduce tax on sugary drinks to discourage consumption with more than 30 countries already implementing legislation to do so with research indicating it being successful

what does changing economic conditions mean?

changes in economic conditions create new issues

eg: working from home due to the pandemic which has prompted need for legislation

what does changes in international conditions mean?

changing political and global circumstances

eg: threat of terrorist attacks- counter terrorism legislation amendment act was passed to make it more difficult for individuals changes with terrorist related offences to be granted bail and parole

what do advances in technology mean?

technology improving and providing different opportunities means need for regulation or risk of harm/exploitation

eg: laws regarding cyber crime, bullying, stalking, scams

what does need for protection of the community mean?

groups may need more protection due to change in society/circumstances or gain certain needs and rights which need protection

eg: Crimes Legislation Amendment Act 2022 which was made in response to the man who recorded 4 police officers who died at the scene of a vehicle collision due to lack of legislation created and only common law that had no set minimum penalty- created maximum penalty and clarified the law for protection of community

what is a petition?

a formal, written request to government to take action or implement law reform

what are the requirements a petition must meet?

• addressed to the house in which it is presented

• clear statement of the request for action

• name, address and signation of 1+ who supports need

• legible and not contain offensive language

• be original

what is an example of a petition?

Brandan Fevola and Fifi from the Fifi, Fev and Nick Fox show created a petition demanding action on repeat youth offenders with more than 115,000 disnatures

Premier Jacinta Allen addressed on the show how the current bail system has failed community expectations, announcing law reform on bail laws as a result

what makes a petition effective?

• simple, easy and inexpensive to show desire for law reform

• online petitions are particularly easy and allow access for members of the public to submit and sign petitions

• members of parliament are more likely to consider a petition for law reform that has many signatures for personal benefit

• creating a petition can generate public awareness and support for legislative change

• when a petition is given to a member of parliament they have to present the petition in parliament

what makes a petition ineffective?

• some people are reluctant to place their name, address or email address on a petition

• some people may sign a paper petition more than once and compromise integrity of petition

• influence of petition depends on who tables petition in parliament and their influence

• parliaments receive a lot of petitions and there is no guarantee for law reform to be adopted

• many petitions do not gain public or media attention

what are demonstrations?

gathering of people to protest or express common concern or dissatisfaction with existing law to influence law reform

example of ineffective demonstration?

the climate protests in Melbourne which held up traffic and created a disturbance and negative association with the cause

what makes demonstrations effective?

• large number of participants at demonstrations can generate free positive media attention

• parliamentarians may want to adopt the cause in order to improve public profile or image with causes that have large support

• creates social awareness to create change over time

• demonstrations focus on something directly changed

what makes demonstrations ineffective?

• cause public inconvenience or become violent and breach the law, reducing credibility of the demonstration

• difficult and time consuming organisation and attendance can be affected by factors like the location and weather

• single events that may not generate ongoing, continous support after demonstration

• when a demonstration is about something that can’t be changed

how can courts influence law reform?

through cases presented to them but can be limited due to need for money, time and legal standing

what does media refer to?

• print media like newspaper

• broadcast media like TC

• digital media through internet and electronic devices like social media

what is the role of media in law reform?

• inform and raise awareness

• assess levels of community support

• influence community opinion on change in law

what does inform and raise awareness mean?

provide platform for parliament, government and political parties to explain to the community, the need for law reform

eg: 83% of Australian population have active social media accounts and 97% of population read form of newspaper (digital/print) every week

what does assess levels of community support mean?

• media polls or surveys can gauge what reader, viewers and listeners think about a particular issue

• data analytics such as tools to track online behaviour

• monitoring ‘‘letters to the editor’’ or comments

• measuring likes, shares, follows, retweets and quotes on media outlets

eg: Ipos issues monitor conducted in december 2022 showed that cost of living was greatest issue of concern

what does influence community opinion mean?

• radio broadcasters can influence community through having large amount of listeners

• media can investigate local, national and global events and circumstances

eg: Documentary Australia supporting filmmakers and assisting in production of 600 documentaries since 2008- ‘‘Blue’’ seen by approx 3 million people and highlighted environement laws and need to manage marina resources

what are limitations of the media?

• media concentration- too much ownership and influence

eg: News corp and Nine own approx 82% of Australia’s print media

• misinformation- online environment is not regulated in same way as traditional media and anyone can share news causing distrust in government and orgs

eg: COVID 19 misinformation about pandemic and how to manage risks

• use of algorithms

influence what people read, and what information they receive causing lack of education due to only being presented other information

what is the role of the VLRC?

to assist the government in continuing to provide a fair, inclusive and accessible legal system by investigating the need for change in Victorian laws through monitoring law reform activity and educating public of any areas of the law relevant to references/investigations

what do VLRC do in major inquiries?

examine and report on any proposal/matter given by the Victorian Attorney general and make recommendations to the attorney general for law reform

• conducting research

• consulting with the community

• reporting on law reform projects

what do the VLRC do in community inquiries?

investigate any minor legal issues that the VLRC believes is of general concern within the community independently without reference from Attorney General

Must be reported back to Attorney General with suggestions for law reform but the inquiry can’t consume too many resources of the VLRC

what is the process of a VLRC inquiry

• attorney general provides a terms of reference

• initial research and consult with experts

• publish a consultation paper to community explaining why VLRC is investigating an issue and provides suggestions for law reform

• consultations and submissions from parties affected by the area under review

• publish final report with recommendations for law reform

• present the report to attorney general who must table the report within 14 sitting days to parliament

what is a terms of reference?

sets out the specific scope and purpose of the inquiry and date which the final report must be completed (outlines what VLRC is able to investigate)

what are the strengths of the VLRC’S ability to influence law reform?

• government more likely to act on VLRC’s report as they sought VLRC

• VLRC can measure community values on areas of investigation, increasing likelyhood of government implementing recommendations in order to retain voter support

• VLRC is independent

• VLRC can make recommendations on minor legal issues without reference eg: review in 2001 on bail= changes to Bail Act 1977 (VIC)

• VLRC is very influential (70% success rate of all/some of recommendations being adopted)

what are weaknesses of the ability of the VLRC to influence law reform?

• VLRC can only investigate issues referred to it by government and community inquiries that dont use too many resources which are further limited to terms of reference

• no obligation of parliament to adopt recommendations made- may need crossbench to pass law reform even if government approves

• VLRC investigations are time consuming and costly (12-24 months)

• VLRC is limited by resource

• VLRC can only recommend changes to Victorian law not Commonwealth law