13.6 Victorian Law Reform Comission (VLRC)

Victorian Law Reform Commission (VLRC)

revuews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws

law reform bodies

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

terms of reference

instructions given to a formal body to investigate an important matter

set out the precise scope and purpose of the inquiry and the date by which the final report must be completed

why are law reform bodies used

• MPs often lack time and resources to undertake thorough investigations on law reform issues

• instead, the may pass the investigation of the need for law reform to an independent law reform body

main role of the VLRC

main role is to assist the government in continuing to provide a fair, inclusive, and accessible legal system by investigating the need for change in Victorian laws

VLRC community inquiry role

investigate any relatively minor legal issues that the VLRC believes are of general concern with the community and report back to the Attorney-General with suggestions for law reform

VLRC major inquiry role

• to examine and report on any proposal or matter referred to it by the Victorian Attorney- General for law reform

• includes conducting research, consulting with the community and reporting on law reform projects

VLRC monitoring role

to monitor and coordinate law reform activity in Victoria, including making suggestions to the Attorney-General that they refer a legal issue or matter relating to law reform to it for investigation

VLRC education role

to undertake educational programs and inform the community on any area of the law relevant to its investigations or references

roles of the VLRC

• community inquiry

• major inquiry

• monitoring

• education

Processes used by the VLRC

VLRC needs to have terms of reference - either recieved from the attorney- general or drafted by the VLRC about a matter it identifies as a relatively minor legal issue that is of general community concern

Once VLRC recieves terms of reference…

• undertake initial research and consultation with experts in the area

• establish an expert panel to provide evidence

• hold consultations and discussions with and invite submissions from community

• publish a final report with recommendations for changes in the law

• final report presents to the Attorney- General

• Attorney- General will table it to Victorian Parliament

• parliament may choose to implement or not implement the recommendations made

Strengths of VLRC

• when the government asks the body to investigate an issue, it is more likely to act on the recommendations

• they gather public views through submissions and consultations, increasing democratic legitimacy and political appeal

• It is independent from parliament and political parties, making its recommendations objective and unbiased

• it can examine issues in depth, helping the government create well-informed, complete legislation

• it can investigate small legal issues without needing a referral (e.g bail review - changes to Bail Act 1977)

• About 70% of VLRC recommendations are fully or partly adopted by parliament

weaknesses of VLRC

• can only investigate issues referred by the Attorney-General or minor matters; cannot choose major topics itself

• must stay within the boundaries set by the government, even if broader reform is needed

• parliament can ignore or reject recommendations entirely

• reforms may require crossbench support especially if the upper house is hostile

• investigation can take 12-24 months and require significant resources

• it can only recommend changes to Victorian law, not Commonwealth law, limiting its reach

Example of VLRC inquiry

Inclusive Juries- Access for People who are Deaf, Hard of Hearing, Blind or have Low Vision

May 16th 2023