Chapter 13 Law reform

online gambling

using the internet to place bets (e.g. on websites, apps, and online games and poker machines (pokies) and sports betting)

social cohesion

a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

abrogate (abrogation)

to abolish or cancel a law (e.g. the cancellation of common law by passing an Act of Parliament)

bail

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

class action

a legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or a group proceeding

committee system

a system used by federal, state and territory parliaments in Australia that involves the use of separate working parties (i.e. committees) to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform

common law

law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed to statute law)

demonstration

a gathering of people to protest or express their common concern or dissatisfaction with an existing law as a means of influencing law reform

governor

the King’s representative at the state level

Governor-General

the King’s representative at the Commonwealth level

Hansard

the official transcript (i.e. written record) of what is said in parliament

law reform

the process of constantly updating and changing the law so it remains relevant and effective

law reform bodies

organisations established by the state and Commonwealth parliaments to investigate the need for change in the law and make recommendations for reform

media

the main way information is communicated to the public, including print media (e.g. newspapers and magazines), broadcast media (e.g. film, television, radio) and digital media, which includes media distributed through the internet and electronic devices (e.g. websites, emails and text messages, video games) and social media (e.g. online platforms and applications like Facebook, YouTube and Instagram)

parliamentary committee

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

petition

a formal, written request to the parliament to take some action or implement law reform

principal petitioner

the person who initiates or organises a petition, and whose name and contact details must be provided on the first page of the petition

representative government

a political system in which the people elect members of parliament to represent them in government

Royal Commission

the highest form of inquiry into matters of public concern and importance. These inquiries are established by the government and are given wide powers to investigate and report on an important matter of public concern

social media

a range of digital tools, applications and websites used to share information in real time between large groups of people (e.g. Facebook, YouTube, WhatsApp and Instagram)

stalking

following or monitoring an individual in a way that is intrusive or creates distress, anxiety or fear of harm. It can involve a range of behaviours including the offender maintaining close physical proximity to the victim or contacti ng the victim by post, telephone, texts, emails or other information and communication technology (referred to as online stalking or cyberstalking)

standing

the requirement that a party must be directly affected by the issues or matters involved in a case for the court to be able to hear and determine that case

statute

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament)

terms of reference

instructions given to a formal body (e.g. a law reform body or royal commission) to investigate an important matter. These set out the precise scope and purpose of the inquiry and the date by which the final report must be completed

ultra vires

a Latin term meaning ‘beyond the powers’; a law made beyond (i.e. outside) the powers of the parliament

Victorian Law Reform Commission (VLRC)

Victoria’s leading independent law reform organisation. It reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws