VCE Legal Studies 2026 Unit 4 AOS2: 'The People and Law Reform'

What are the main reasons for law reform?

Changes in beliefs, values and attitudes (marriage equality), changes in living conditions (sugar tax), economic conditions (COVID), and international conditions (terrorism), advances in technology (AI) and greater need for community protections (stalking).

How do petitions work in Victoria?

A petition must be prepared in a particular format and sponsored and presented by a member of parliament on behalf of a principal petitioner. A 2022 petition to raise the age of criminal responsibility was signed by over 200,000 and referenced in the Victorian Legislative Council.

What are some demonstrations that have been used to induce law reform?

Sydney Harbor Bridge March for Humanity in August 2025 with 90,000-350,000 participants. They may be limited in effect in attendance is low, or damage the reputation of the cause is violent or disruptive.

How do courts influence law reform?

Judge rulings and comments can influence parliament. However, courts can only make law when a case is brought against them, the case requires standing, they often cost a large amount of time and money, and judges are not elected representatives. Common law can also be abrogated. (Eddie Mabo case)

How does media influence law reform?

Traditional media (print, broadcast and digital), and social media, inform and raise awareness about law change. 97% of Australians read the news. The ‘Blacked Out’ protest in October 2019 is one example of newspapers influencing law reform, and the ‘Black Lives Matter’ hashtag was popular on social media in the early 20s. They also assess levels of support with polls, and influence community opinion.

What are the limitations of the effect of media on law reform?

There is a lot of mass media ownership. News Corp and Nine Entertainment own 82% of Australia’s print media markets. They may spread misinformation (such as during COVID or climate changes), use algorithms (which reinforces existing ideas, and cannot directly influence law reform.

What is the Victorian Law Reform Commission?

An organisation established by the Victorian Law Reform Commission Act 2000 (Vic), to examine, report and make non-binding recommendations to the Attorney-General on any proposal or matter relating to law reform in Victoria.

How does the VLRC operate?

It conducts inquiries on any matter referred to it by the Attorney-General, or a terms of reference drafted on its own. Strategies include research and community and expert consultation, monitoring law reform activity in Victoria, and educational programs. The publish and present a final report.

What are the strengths and weaknesses of the VLRC?

Strengths: Its work is initiated and endorsed by the government, it is able to initiate investigations on minor matters, it can hold public consultations, it saves government resources, it is independent, and 75% of recommendations get adopted.

Weaknesses: It is limited in size and capacity, investigations are time consuming and limited to the terms of reference, the government isn’t obliged to adopt the changes and they can only influence Victorian law.

What was the commission into stalking?

Terms of Reference was received in 2021- How laws could be improved for safety, barriers to reporting, and sentencing practices. VLRC published a consultation paper in July 2021 and received 115 anonymous submissions and 36 expert consultations. The final report was presented to the Victorian parliament in 2022 with 45 recommendations, some of which resulted in the ‘Victims of Crime Financial Assistance Scheme’.

What is a parliamentary committee?

A group of members of parliament with the responsibility of investigating a specific issue. They receive a terms of reference, publicise and seek input on the terms of reference, undertake hearings and prepare a written report.

what are the strengths and weaknesses of parliamentary committees?

Strengths: Can inquire into a wide range of issues, can request specific hearings, members of the parliament are more involved and they can investigate and receive community input more easily.

Weaknesses: They receive limited time and funding, are limited to terms of reference, investigations are time-consuming and costly, public awareness is limited, and the public is not obligated to act on recommendations.

What is the Legal and Social Issues committee of the Legislative Assembly (LASIC)?

The Legal and Social Issues committee of the Legislative Assembly is a parliamentary committee with 20 members (8 Labor, 6 Liberal/National, 6 other). It may inquire into and report on any proposed matter or thing concerned with community service, gambling, health, law and justice, and the coordination of government.

What was one inquiry conducted by LASIC?

In August 2024 it received a terms of reference to inquire into issues involving working conditions and culture, and allegations of fraud and embezzlement etc. Report was released and tabled in October 2025, with almost all recommendations supported.

What are some reasons for Constitutional reform?

To recognise First Nations People, increase protection of rights, change the Commonwealth’s law-making powers, and reform Australia’s political system.

What is the process to change the constitution?

Set out under Section 128.

The Parliament: A constitutional alteration bill is introduced and passed in the Commonwealth Parliament by an absolute majority in both houses. If it fails in the second house twice, the Governor-General may submit it to voters.

The People: A compulsory vote is held 2-6 months after, with information sent by the AEC to every household. The referendum must receive a double majority (protecting smaller states from being overpowered), with more than 50% of voters and 4/6 or more states voting ‘Yes’.

The Governor-General: Gives royal assent.

What are some factors affecting the success of a referendum?

Bipartisan support, whether voters are seeking change, the nature of the proposal (easy to understand or not), and education about the proposal.

What was the 1967 Referendum?

Under Section 127 of the Australian Constitution, prior to 1967, Aboriginal Australians were not counted in national censuses, and the Australian government could not legislate for Aboriginals under Section 51. The proposal was to remove the exception from Section 51 and deleted Section 127 entirely. 90.77% of voters in Australia were in favour, the highest ‘yes’ vote to date, and 6/6 states voted yes.

What are some factors affecting the outcome of the 1967 Referendum?

It was driven by the people, there was no ‘no’ case, and the argument and outcome were simple and clear to understand.

What were the steps leading up to the 2023 Voice Referendum?

The National Constitutional Convention was held in May 2017, and the Uluru Statement from the Heart was made, proposing a representative body to advise the Commonwealth Parliament on policies that affect First nations people. Nationals announced their opposition to the proposal in 2022.

What was the 2023 Referendum?

A new Section 129 of the Constitution was proposed, establishing a First Nations Voice to Parliament. Only 39.94% of voters voted ‘yes’, and 0/6 states.

What are some reasons for the outcome of the 2023 Voice Referendum?

There was no bipartisan support, a strong ‘no’ campaign, a lack of clear communication around the change, and some voters believed that the change was not extensive enough.

How can individuals use the courts to create law reform? (Mabo case)

In 1992, Torres Strait Islander Eddie Mabo challenged the legal principle of terra nullius in the High Court of Australia (Mabo v Queensland). The court ruled in his favour and this led to the passing of the Native Title Act 1993 (Cth).