The people, the law and reform - Unit 4

What are the reasons for law reform?

Community value shifts, advances in technology, changes to economic conditions, protection of society, improving the legal system, significant events.

What are community value shifts?

Overtime society’s values and beliefs change and the laws need to adapt.

What are advances in technology?

It is possible that the legal implications of new technology are only known once there is an issue and Parliament needs to respond.

What are changes to economic conditions?

Due to the cyclical nature of Australia’s economy, economic conditions are constantly changing. Therefore, legislation must be created or amended to reflect the economy’s needs throughout various stages of its cycle.

What is the protection of society?

Parliament must change the law when it is clear existing laws do not adequately protect those who cannot protect themselves.

What is improving the legal system?

Sometimes, the structure and systems of the legal system require updating to achieve better justice for parties.

What are significant events?

There can be an outcry from the community which can place pressure on the Parliament to act.

E.g. black summer bushfires.

What is the role of individuals influencing law reform?

Petitions, demonstrations, taking it to court.

What are petitions?

-A formal written request to the government to change the law.

-Print or paper petitions.

-E-petitions or online petitions.

What are the strengths of petitions?

-Simple and inexpensive way to show support for a cause.

-Petitions that gain many signatures are more likely to be effective as they show greater community support for the issue.

What are the weaknesses of petitions?

-Parliament receives hundreds of petitions each year and is not obliged to act upon any of them.

-Smaller petitions not supported by other forms of community pressure normally do not succeed.

What are demonstrations?

-Demonstrations (or protests or rallies) involve a group of people gathering to express support for a particular issue.

-Effectively raise awareness of issues and can attract support and media coverage when well attended. Conversely, those that attract small numbers or turn violent are ineffective.

What are the strengths of demonstration?

-Attract positive media attention and increase pressure to act on parliament.

-They can raise awareness of an issue and attract additional public support.

What are the weaknesses of demonstration?

-If they are violent or cause significant inconvenience, demonstrations can attract negative media attention and lead to a loss of support.

-Demonstrations are hard to organise and hard to attract a lot of people.

How do individuals influence law reform through the courts?

Individuals can bring about a change in the law by taking a matter to court. Most matters only make it to court where there are tricky legal issues involved, such that the outcome of the dispute is unclear.

-Individuals also challenge laws as being ultra vires or decisions made pursuant to laws as being inconsistent with human rights.

-You must have standing to bring a case to court.

What are the strengths of individuals influencing law reform through the courts?

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

-Judges are independent and not subject to political pressure so can consider the case on its merits.

What are the weaknesses of individuals influencing law reform from the courts?

-Courts have to wait for a case to come before them and can only rule on the issues of that case.

-Judges are not elected so their decisions may not reflect community views and values.

What is the role of the media in law reform?

-Through platforms and blogs, people and groups can communicate very quickly with a very large audience.

-Millions of users visit these sites millions of times each month, so images, videos and live streaming in particular can be used to share views on law reform. The increased use of mobile devices to capture footage of relevant matters also facilitates this.

-Can be effective in highlighting issues to a global audience, as well as prompting local awareness on global issues.

-Facilitates direct interactions with members of parliament through their own social media accounts.

-It is also becoming the method of choice for announcements and reactions to issues for many politicians.

-Traditional media is not always unbiased either. More broadcast time can be allocated to presenting views consistent with those of the owners of the relevant media organisation.

-Can also influence law reform by publishing selecting opinions, through emails, letters and opinion pieces.

What is the Victorian Law Reform Commission?

-If parliament lacks time and resources it can refer investigations to a law reform body established by that parliament.

-The Victorian Law Reform Commission (VLRC) is an important law reform body in Victoria.

-The VLRC is an independent-body set up specifically to investigate law reform in Victoria.

What are the specific roles of the VLRC?

-Inquiry - terms of reference (propose, ask, question)

-Investigation (investigate areas of law reform)

-Monitoring (laws)

-Education (educates the people of Victoria)

When answering a question about the processes of VLRC:

Identify an area of law reform- comes from terms of reference (guide on how the VLRC goes about investigating), from the attorney general (who is a member of the government).

What are the stages of VLRC?

1. The commission receives a reference or begins a community law reform project (1,4,6,7,9).

2. Consultation paper and questions are published and submissions are called for.

3. Submissions are received and considered.

4. The commission writes a report.

5. The report is tabled in parliament, then published.

What are the strengths of VLRC?

-As the government has referred an issue to the VLRC, it is more likely that the VLRC’s recommendations will be acted upon.

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

What are the weaknesses of VLRC?

-Investigations can be time-consuming and expensive.

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

What are royal commissions?

-Independent law reform body. They investigate areas of law reform.

-Established by the government to inquire on matters of significant importance.

-E.g. Royal Commission into Aged Care and Aboriginal deaths in custody.

What is the difference between VLRC and the Royal Commission?

-Royal commission is an area of significance where there are gaps in the law - e.g. Royal Commission into Aged Care and Aboriginal deaths in custody.

What is the process used by Royal Commission's?

-RC given terms of reference which specify the purpose of the RC including the issue and the deadline.

-Preparation of an issues paper - outlines matters or concern being investigated.

-Consultation sessions to gain input, views and opinions from a range of individuals and organisations that have an interest.

-Hold public hearings or sit in private to gather evidence.

-RC prepares a report on their findings and make recommendations on ways to address the matter under investigation.

What are the strengths of Royal Commissions?

-Because the government asks Royal Commissions to investigate something important, the government may be more likely to act on the royal commission’s report and recommendations.

-Royal Commissions can investigate an area comprehensively so the government can initiate a new law that covers the area inquired about.

What are the weaknesses of Royal Commissions?

-Royal Commissions can be used as a tool against political opponents. They can also be used to avoid getting on with difficult legislation.

-There is no obligation on the part of the parliament to support or introduce law reform to adopt any of the recommendations made by royal commissions.