Legal Studies U4 AOS2

Law Reform

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

Purposes of laws

protect society, safety and establish/protect basic human rights

What do laws aim to achieve

Social cohesion

Social Cohesion

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

How Do Laws Achieve Social Cohesion

• providing guidelines of acceptable behaviour

• minimise conflict in society

• ways to resolve disputes

To be effective laws must be

• Enforceable

• Known

• Clear

• Easily Understood

• Reflect Society’s Values

Reasons for Law Reform

• To address changes in beliefs, values and attitudes

• Changes in living conditions

• Advances in technology

• A greater need for protection in society

Changes in Beliefs, values and attitudes

For a law to remain relevant and acceptable, it must reflect evolving societal attitudes, as laws that no longer reflect standards risk losing public support

• However, rapid changes imposed before community readiness may face resistance

Changes in Beliefs, Values and Attitudes - Anti-Smoking Laws

• Awareness of health risks of smoking changed attitudes

• 2007 Vic anti smoking laws banned smoking in public spaces

• Reform restricted individual rights to smoke freely but aimed to improve public health and benefit the community

• Complaint but ppl adjusted - law reform can prompt change to values

Changes in Beliefs, Values and Attitudes - Animal Welfare and Legal Reform

• Increased public awareness of animal welfare has driven change to reduce cruelty and protect animals

• Key Reforms:

  • Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2018 (VIC) - illegal to sell dogs/cats in pet shops + no puppy factories

  • Pet Exchange Register 2019 - breeders must enrol on pet exchange register

  • Domestic Animals Amendment (Reuniting Pets and Other Matters_ Act 2022 - ensures lost pets are returned to owners quickly

• Growing public concern with unethical practices - community values drive legal change, aligning with modern standards of care and protection

Changes in Living Conditions

• Social Conditions

• Economic Conditions

• International Conditions

Social Conditions

Growing populations and social trends can trigger reform

• Domestic Violence Increases

• Binge Drinking

• Gang related crime

• Online Gambling

Social Conditions Example - Sugar Tax

• Proposal for a sugar tax on sugary drinks to combat obesity and chronic disease (living conditions)

• Improves public health

• Opposition - disproportionate impact on low income earners

Economic Conditions

the economy shifts due to technology, globalisation and changing workforce patterns

Economic Conditions Example - Fair Work Legislation Amendment

• Fair Work Legislation amendment (secure jobs, better pay) Act 2022 (Cth)

• increased rights to flexible work (pregnant, domestic violence victims)

• banned pay secrecy clauses to help close gender pay gap

• Opposition from business groups citing complexity and cost

International Conditions

Global events can influence domestic law

• Terrorism = stronger counterterrorism laws

• War/Refugee crisis = migration law reform

International Conditions Example - Counter-Terrorism Legislation Amendment Act 2019

• Counter-Terrorism Legislation Amendment (2019 Measures No.1) Act 2019 Cth

• Harder for convicted terrorists to get bail or parole

Advances in Techology

New technology brings new opportunities and risks. Laws must regulate use, protect privacy and prevent harm - tech related law reforms include, cyber bullying, scams, drone reg, AI reg

Advances in Technology Example - Cyber Security and Privacy

Privacy Legislation Amendment (Enforce and Other measures) Act 2022 Cth = increased penalties (up to 50mil) for serious/repeated privacy breaches after major cyber attacks (optus, medibank)

Greater Need for Protection of The Community

law reform protects vulnerable groups and ensures safety. Protection covers physical, emotional and economic harm

Greater Need for Protection of the Community - Crimes Legislation Amendment Act 2022 vic

New offences for ‘grossly offensive’ conduct (eg. filming police crash scenes) max 5 year prison

Greater Need for Protection of the Community - Education snd Training Reform Amendment (Protection of School Communities) Act 2021

Principals can ban abusive parents from school grounds

Petitions

formal written request to parliament asking it to take action or implement law reform (e or paper). It is the only direct way an individual can place a concern before parliament

Rules for Petitions

• Addressed to correct house

• Clearly states action sought and remedies

• Word Limits apply (250 in HOR)

• Must be legible, respectful and have at least one signature

• Paper petitions must be originals (no photocopies)

• ePetitions must be created via parliaments official e-petition system (change.org)

Petition Process in HOR

• Checked for Compliance (all rules)

• Certified

• Presented to Parliament (by MP or committee chair)

• Minister responds (50+ signatures)

• Public Record

Petition Process in VIC Parliament

• Must be sponsored and tabled by an MP to be apart of public records

Effectiveness of Petitions

Direct Access to Parliament: individuals and groups can put issues straight before MP's

Simple and Inexpensive: especially e-petitions, easy to create and sign

Large No. of Signatures: showing strong community support which MPs are likely to act on

Can raise public and media awareness: even if law change doesn’t happen immediately

HOR Petitions with 50+ signatures must get a ministerial response: ensures formal acknowledgement

Ineffective Petitions

No Ministerial Response Rq in Vic: petitions may not be responded to by MPs

Hundreds of Petitions each year: no guarantee or compulsion for suggested reform to be adopted

Multiple or Opposing Petitions: can dilute impact

Low Media Attention: means they can be overlooked without broader campaigning

privacy Concerns: may deter people from signing - reluctant to put name address or email, regardless of support

Must Meet Strict Rules: must adhere to certain rules, if not, won’t be accepted

No Guarantees of Law Change: hundreds are tabled each year, most don’t lead to reform

Vic parliament: needs sponsorship or it is never tabled

Petitions Example -  A 2019 e-petition to the Commonwealth Parliament (House of Representatives) to declare climate change an emergency

 A 2019 e-petition to the Commonwealth Parliament (HOR) to declare a climate emergency in Aus and introduce laws to immediately reduce the causes of human-made climate change

• Tabled by independent Zali Steggal

• One of the largest presented to HOR

• 404,538 signatures

• Minister of Energy and Emissions Reductions responded to petition by outlining federal government’s plan to reduce emissions and greenhouse gases by 2030 while ensuring a stronger economy

Similarities Between Petitions and Demonstrations

• Serve as mechanisms for public engagement, aiming to influence legislative change by highlighting issues of public concern.

• Means to which individuals can influence reform

• They mobilise community support and can pressure lawmakers to consider reforms by demonstrating widespread demand for change

Differences Between Petitions and Demonstrations

Petitions involve gathering signatures to formally request legislative action, providing a documented record of support that can be submitted to Parliament. In contrast, demonstrations are public gatherings or protests that express collective sentiment through visual and vocal means, often gaining media attention to amplify their message

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

• alert gov of need for change

• Raise awareness / generate support

• Different forms (marhces, rallies, sit ins, action, mass strike)

Demonstrations Example - Change the Date Movement

• On Jan 26 every year, demonstrations take place across Aus to protest australia day celebrations held on arrival or british and colonisation

• FN believe celebrations are innappropriate and offensive - invasion

• Why?

  • Raise community awareness of FN suffering and opinions

  • Seek to influence reform to address human rights of FN

  • Societal values

• FN have views - changing date, abolishing, renaming day

Effectiveness of Demonstrations

Large Peaceful Events: strong visual impact, positive media coverage

Media Attention Multiplies Reach: can put pressure on Mp’s to align with public sentiment and can raise community awareness especially if they are large, controversial and creative

Can educate the public on issues they may not know about: generating community awareness

non violent protests: can spark public debate and persuade people to consider injustices

Organised Demonstrations: with clear message or a part of a global movement are more likely to influence parliament

Ineffectiveness of Demonstrations

Small Turnouts: may fails to attract interest and awareness, resulting in limited media coverage and political influence

Violent or Disruptive Demonstration: may damage public perception and reduce political support. Can alienate public and cause backlash

Disorganised: unclear messaging reduces impact

Issues Outside of Parliament Control: may have limited immediate impact on Aus law

Single event demonstrations: may not sustain momentum or ongoing support for reform

Use of the Courts

individuals can try to raise awareness of the need for law reform by using the courts