Law Reform, Constitutional Changes, and Media Influence in Australia

reasons for law reform and examples

- changes in beliefs, values and attitudes: domestic animal amendment act 2017 (puppy farms)

- changes in social, economic and international conditions: marriage amendment act 2017 (same sex marriage)

- advances in technology: privacy legislation amendment act 2022.

- greater need for protection in the community: crimes legislation amendment act 2022

petition.

a request to the parliament to take action on a matter about a law they believe needs to be changed or introduced.

strengths of protests in influcencing law reform

- relatively simple, easy and inexpensive way for people to show their desire for a law change.

- once a petition has been given to a member of parliament, they must present it to parliament, which can help gain attention of other members of parliament.

- members will likely consider a petition that has strong support within the community in their attempt to make laws that reflect the views of the majority.

weaknesses of protests in influcencing law reform

- some people are reluctant to place their name, address or email address on a petition (may see it as an imposition of privacy)

- Petitions must adhere to different rules, depending on where it is to be presented.

- parliaments receive hundreds of petitions each year, and there is no guarantee for the suggested law reform to be adopted.

demonstrations

Demonstrations (protests or rallies) occur when a group of people gather together to express their common concern or dissatisfaction with an existing law.

strengths of demonstrations in influencing law reform

- demonstrations that attract large nymbers of peaceful participants can attract free positive media attention.

- demonstrations can raise social awareness, making members of the public think about the issue for the first time.

- members of parliament may support a protest/demonstration to boost their profile.

weaknesses of demonstrations in influencing law reform

- demonstrations can be less effective if they cause public inconvenience, become violent, or lead to breaches of law.

- can be difficult and time-consuming to organize.

- demonstrations are often single or one off events that may not generate ongoing support for the desired law reform.

use of courts

Individuals can be instrumental in bringing about change in the law by taking a matter to court. In taking the case to court, they will usually be trying to prove their own claim rather than change the law

strengths of using courts to influence law reform

- Challenging an existing law in a higher court can enable a vague or unclear law to be clarified.

- Even if a court challenge is unsuccessful it may gain significant media coverage and help increase awareness of the possible need to change a law.

- Judges are politically independent and determine cases based on the merits rather than electoral consequences (i.e. gaining voter support).

weaknesses of using courts to influence law reform

- Courts are limited in their ability to change the law because they can only do so when a case comes before them.

- Individuals can be reluctant to challenge a case because it can be expensive and time consuming and a successful outcome cannot be guaranteed.

- a judge made law can be overridden (abrogated by parliament.)

the roles of media in law reform

- informing and raising awareness.

victorian law reform commission (VLRC)

an important law reform body and is victorias leading independent law reform organization which reviews, researches and makes recommendations to the parliament of victoria about possible changes to Victoria's laws.

when, how, and why was VLRC established

established in 2001 to investigate the need to change laws and provide government with impartial advice and recommendations for change. It was established by the Victorian Law Reform Commision Act 2000 (Vic).

Roles of VLRC

Major inquiry: To research the issues the Attorney general refers to it ans made recommendations to the attorney general for law reform. This includes consulting the public and intereted parties before the recommendations are made.

Community Inquiry: Recommend minor changes to the law without a reference provided it will not consume too many of its resources. Any member of the public can make a suggestion for the VLRC to undertake an investigation into a minor area of general community concern.

Monitoring: monitor and coordinate law reform activity in Victoria and suggested to the Attorney general that the he or she a law-reform matter to the commission for investigation.

Education: educate the community on areas of law relevant to the commission’s investigation or refrences. It delivers programs to the community and schools to inform them about their work.

strengths of VLRC to influence changes in the law

- As the government has referred an issue to the VLRC, it is more likely that the VLRC's recommendations will be acted upon. (approx 75% of the time.)

- The VLRC is independent of the government and can get input direct from the community (by holding consultations and receiving public submissions) and therefore reflect the community's views in its recommendations.

- The VLRC can investigate minor law reform issues without a referral which can lead to law reform.

- The VLRC can complete comprehensive investigations of issues and access to expert opinion.

weaknesses of VLRC to influence changes in the law

- The VLRC can only investigate major areas of law reform after receiving a referal from the Attorney Gneral or minor community law reform issues that will not consume too many resources.

- While the VLRC's reccomendatoons must be tabled in parliament, however, the government is not obliged to implement any of them.

- The VLRC's ability to investigate these issues is limited by its resources and the terms of references given too it, even if it believes they are other areas of reform required in a particular matter.

- Investigations can be time consuming and expensive. (12-24 months on average)

parliamentary commitee

a group of members of parliament who investigate an issue and report back with recommendations to the parliament. This allows issues to be investigated more quickly and in greater detail. Committees can investigate a wide range of legal, social, and political issues and report back to the parliment about the need for law reform.

process used by parliamentary commitee

1. PC given terms of reference which specify the purpose of the PC including the issue and the deadline.

2. PC seeks written submissions from individuals experts and interested organizations

3. Formal public hearings are then held where people are invited or even compelled to give input or evidence to the PC.

4. After receiving all input and holding all hearings, the PC prepares a written report incorporating its recommended law reforms. The report is presented to and tabled in parliament and is a public document.

process used by parliamentary committee (image)

strengths of the parliamentery committee in influencing law reform

- Can investigate wide range of issues.

- Can examine issues more efficiently (quicker and cheaper) than parliament as fewer people.

- Allow members of parliament to gain knowlege and insight into key issues.

- Provides for input from the community, expert and interested groups.

weaknesses of the parliamentery committee in influencing law reform

- Due to limited resources, cannot investigate every single issue and recommendations do not have to be adopted by the parliament.

- Investigations can still be time consuming and expensive.

- Can be very time consuming for the members of the parliamentary committees.

- If committee is composed of mainly members from a particular party, that party's philosophies may ultimately dictate the nature of the PC's recommendations.

reasons for constitutional reform

- To recognise australias first nations people:

- To increase the protection of rights:

- To change the commonwealths law making powers:

- To reform australias political system:

recognising australia's first nations people as a reason for constitutional reform

- There is no mention of australias first nations people in the constitution. Up until 1967 they were not recognised as part of the population.

- Two refferendums have been proposed and have been unsuccessful:

- 2023: first nations voice to parliament.

- 1999: recognise first nations people by inserting a preamble.

increasing the protection of rights as a reason for constitutional reform

it is broadly understood that the number of rights protected by our 5 express rights is limited and that they are narrow in the scope. Mosy of our rights are in statute law or common law rather than the constitution. There have been calls to change the constitution to protect basic rights or broaden the existing express rights.

changing the commonwealths law making powers as a reason for constitutional reform

- In the past the commonwealth has sought to change the australian constitution to provide it more powers, sometimes in response to high court rulings that held the commonwealth did not have the specific power to legislate on certain matters.

- EG: 1946 a referendum passed to allow the commonwealth power to legislate on a wide range of social services.

reforming australias political system as a reason for constitutional reform

- Timing of federal elections, 1998 unsuccessful referendum asked to change both houses to four year terms (10% of parliaments globally have a 3 y term) fixted year terms have also been discussed.

- To change our political system to become a republic which means having an aus person selected as a head of state rather than a british monarch.

process of bringing about constitutional change (image)

double majority definition

a voting system that requires a national majority of all voters in Australia and a majority of electors in a majority of states (i.e. four states) to vote in favour of a proposal ; a double majority is required for a change to be made to the wording of the Australian Constitution at a referendum

what section of the constitution is the referendum process set out in.

The only way to change the words in a constitution is through the referendum process, set out in section 128 of the constitution. This restricts the commonwealth parliament’s power as it cannot change the constitution itself without the reference to the people.

changing the words of constitution

In order to change the words of the constitution:

1 - Parliament must approve the change

2 - The people must approve the change through a referendum. This requires a double majority of voters - a majority of voters nationally and a majority of states (at least four out of six states) in the past, some referendums have not succeeded as they only satisfied one leg of the double majority provisions.

3 - The governor-general must approve the change.

strengths in the ability of the australian people to change the constitution

- The constitution cannot be changed without the approval of a majority of voters and the yes or no format is simple and clear so likely to accurately reflect voter views.

- Section 128 of the constitution gives voters in australia the power to reject changes to the constitution after such changes have been approved by the commonwealth parliament. This empowers voters to approve or reject changes to the constitution that politicians proposed.

- The double majority requirement protects smaller states as each state counts equally in determining whether a majority of state couts equally in determining whether a majority of states (four out of six) has been achieved.

weaknesses in the ability of the australian people to change the constitution

- The public may not fully understand the proposal and therefore may vote 'no' through fear of the consequences.

- Important changes often cannot take place due to the difficulty of achieving the double majority 8/45 have been successful.

- Referendums can ve extremely expensive. For example, the 1999 referendum cost $66,820,894 according to the australian electoral commission. This discurages prime ministers from wanting to hold a referendum and change the constitution due to its expense.

factors that effect the success of a referendum

- Bipartisan support:

- Whether voters are seeking change:

- Nature of the proposal:

- Education about the proposal:

- 1988 referendum:

Bipartisan support:

refers to approval by two or more political parties. In australia, that usually means support for the two major parties: the australian labor party (A;P) and the liberal party.

- History suggests that the success of a referendum often depends on whether there is support from the major parties at the commonwealth and state levels. If the opposition does not agree with the proposed change, they will lead a 'no' campaign and voters will be faced with two strongly argued, opposing campaigns focusing on 'yes/no'.

Whether voters are seeking change:

- If voters themselves are drivings the change, they may vote 'yes'

- If politicians are driving the change, voters are more likely to vote 'no' as they are more cautious.

- When in doubt, voters tend to maintain the status quo because they become concerned about the change being for the benefit of those pressing for it, rather than for greater good.

Nature of the proposal:

- One thing that may affect the success of a referendum is whether the proposed change is straightforward and accessible or complex and difficult to understand or messy, voters may not understand what they are being asked to vote 'yes' to. They may then be more inclined to vote 'no', particularly if there is little public support for the proposed change.

- Alternatively, if the proposal is clear, sensible and straight forward, the australian public may be more inclined to say 'yes'

Education about the proposal:

- One of the likely success factors is the extent to which there has been a strong information and education campaign in the lead up to the referendum, setting out details and explaining the proposal and the need for change. This may require strong and simple messaging that described the proposed change in simple terms.

- People are less likely to vote yes for something they dont understand.

history and outcome of the 1967 referendum about first nations people

- deleating S127 which stated "aboriginal people could not be counted in cencus" and classified in Australia's population.

- altering s51 (xxvi) which stated the commonwealth parliament could make laws for "any race except for the aboriginal race" to "the commonwealth could make laws for any race". this is know as "the race power".

- A 1967, a referendum was put to people to delete S127 and to remove the words 'other than the aboriginal race' from S51(xxvi) so that the commonwealth would have the power to make laws with respect to aboriginal people.

- recognising indigenous people as australians, giving them more rights.

- The law making powers regarding aboriginal people is changed from being residual to concurrent.

significance of the 1967 referendum about FNP

- changed the division of law making powers, giving the commonwealth parliament more law making power, as an area of residual power now became a concurrent power.

- without this referendum, the native title act 1993 (after mabo) would have not been possible.

- power of the people to agree on change, especially in these areas that relate to social and human rights issues.

- it was important for indigenous people to be treated the same as other australians. it also meant the commonwealth was able to become more involved in dealing w AATSI people and their needs and able to direct government spending towards indigenous affairs.

history and outcome/facts of 2023 referndum about an AASTI's voice.

- there shall be a body to be called to aboriginal and torres straight islanders voice.

- the AASTI voice may take representation to the parliament and executive government of the commonwelath on matters relating to AASTI.

- the parliament shall, subject this constitution, have power to make laws w respect to matters relating to the AATSI voice. including its composition, functions, powers, and procedures.

significance of the the 2023 referendum about an aboriginal and torres straight islander voice

- it showed that it is almost impossible to change the wording of the constituion unless there is bipartisan support for the proposal.

- in late 2022, there appeared to be a broad support from Australian's for constituional recognition of FNP but this was not the question put to the people.

- it is possible that many australians did not understand what would practically change.

- australians have shown if that they are protective of their constitution and they are able to reject a claim to their constitution despite the government supporting the change.

discussion point for the 2023 referendum

- there was divide among our FNP, many with a high profile did not support the referendum such as jacinta NP.

- while the prime minister supported the voice, there was a lack of info provided as to its structure or how representatives would be settled.

- it did not appear that all those who voted 'no' were against the idea of change or recognition for FNP. rather it appears that some australians were concerned about the idea the 'voice'. arguably, the consistent messaging of the 'no' campaighn was influential 'if you dont know vote no' cutting through debate.

traditional media forms

- Newspapers , television, radio, publications, journals, books, billboards.

- Can be biased. Space and broadcast time can be focused on issues that are consistent with the owner organisations.

- Can influence the public by printing certain articles, letters and images.

social media forms

- Through blogs, websites, e-books, podcasts, live video streaming, virtual reality and social media.

- The public can contact politicians directly through facebook, twitter, etc.

role of the media in law reform:

- Informing and rasing awareness:

- Assessing levels of community support:

- Influencing community opinion on a change in the law:

Informing and rasing awareness (role of media)

- The media can inform people about, social, political and legal issues and the need for law reform, and can also generate interests in, and awareness of, those issues or need.

- 83% of australians have active social media accounts

- 97% read some form of newspaper every day.

- Radio, breakfast radio especially that can havemore than 120,000 listeners are used by journalists and presenters or politicians to speak about law reform.

Assessing levels of community support (role of media)

- The media can assist the parliament, political parties to assess the level of community support for law reform.

- Often done through media polls to gauge views about a particular, social, legal or political issue.

- Can also look at number of clicks on a post or monitoring letter to the editoprs shows what the community is concerned about the views on a particular issue.

Influencing community opinion on a change in the law:

- The media can influence community view and opinions about social, political and legal issues and the need for law reform.

- High profile organisations or personalities can take on an issue of law reform and influence listeners or followers.

- The media can investigate local, national and global events and circumstances.

issues with the media

- Media concentration

- The risk of spread of misinformation

- The Use of Algorithms

Media concentration (issue)

Ownership of mass media by very few individualsor groups. E.g. In Melbourne Newss Corp owns channel 9, local leader newspapers, the herald sun newspapers, Foxtel and is perceived to support the liberal/ nationals whereas the ABC is percieved to as supporting the Labor Party.

The risk of spread of misinformation

While traditional media is regulated, social media can spread misinformation quickly and can create distrust in legitimate reporting, governments and organisations. E.G. Climate Change and the science behind them.

The Use of Algorithms

An algorithms is a set of instrustions that tells a computer what to do. Social Media uses them to predict what the user will read or enjoy, making them stay on their site longer. This can influence what people read about a particular issue and may not push them to consider alternative views on law reform.

benifits of social media

- Social media users can create interests in, and raise awareness of, legal issues on a massive scale.

- Social media connects people around the world and can be used by global reform movements to create local branches to influence law reform on a global issues at a domestic level.

- Gives individuals, groups and orginisations direct access to political parties and local members of parliment to gain insight into their views on legal issues and receive up to date information

limitations of social media

- People who place information on social media do not follow codes ethics that are subscribed to by mant traditional media orginisations.

- Social media platforms are highly visible and can include graphic images and live streams and portray complex issues in a simplistic way that may evoke emotional responses based on limited facts and knowledge.

- Owners of social media platforms have struggled to stop the spread of harmful, inaccurate misinformation given how fast they can be shared.

strengths of traditional media

- Traditional media can influence law reforms through its ability to examine, discuss and inform people about legal issues and possible changes to the law. traditional media outlets can shape the views and attitude of their audience.

- programs such as sunrise provide a forum for political parties to outline their stance on law reform.

limitations of traditional media

- Traditional forms of media may not always present information in an unbiased and independent manner in preference to reflecting the vested political intrest of their owners.

- Television and radio producers can manipulate content in an attempt to alter community's perception of a particular group of a particular individual pressure group.