13.6 The Victorian Law Reform Commission

What is VLRC

An independent agency whose job is to provide advice to the Victorian government about how to reform state law

• aims to assist the vic gov in continuing. to provide a fir, inclusive and accessible legal system by investigating the need for change in laws providing the gov with impartial advice.

Functions of VLRC

• Major inquiry

  • examine and report on matters referred by the Attorney General and recommend reform

• Community inquiry

  • examine relatively minor legal issues of general community concern using limited resources

• Monitoring

  • Monitor and co-ordinate law reform activity

  • Make suggestions to the Attorney-General that they refer a legal issue or matter relating to law reform for the Commission to investigate

• Education

  • Undertake educational programs and inform the community on any area relevant to its investigations or references

Major Inquiry

• begins with terms of reference from the Attorney General

• AG supplies terms of reference and completion date

• May examine a large, complex or significant issue

• Report must be tabled in Parliament within 14 sitting days after AG receives it

Community Project

• Selected by the VLRC, often following a suggestion from the community

• The VLRC drafts the terms of reference

• Must concern a relatively minor legal issue of general community concern and not require significant

• report is often tabled but tabling is not legally required

• one every 2 years

Process

1. terms of reference/community project

2. Initial research and consultations

3. Expert advice - appoint panel

4. Consultation paper and call for submissions

5. Consultations

6. Submissions

7. Report

8. Tabling

9. Gov Response

10. Changes to the law

Strengths

• Government initiated inquires

• Power to initiate community projects

• Community consultations

• Expertise and comprehensice research

• Independence and objectivity

• Demonstrated implementation record

• Specialist focus on Vic law

Limitations

• Parliamentary and political barriers

• Strict resource and scope limits

• Consultation takes time and is not decisive

• Confined by terms of reference

• Recommendations are not binding

• implementation may be partial, delayed or absent

• Limited jurisdiction and capacity

Case to remember

Stalking