Law reform

Conditions that gave rise to law reform:

• Changing social values - As society’s values change the law needs to change to match

• New concepts of justice - eg. life sentence being LIFE

• New technology - law needs to change with the ages

Agencies of reform:

• Law reform commissions - The Australian Law Reform Commission provides the government with reports outlining recommendations for law reform

• Parliamentary Committees - Committees can also make recommendations to the Government about reform. The Legislation Review Committee plays an important role of our legislative process.

• The media - Acts as an intermediary between the public and the courts. Media has the power to provide scrutiny, accountability and transparency

Law reform and native title:

• Native title is a legal right of Aboriginal and Torres Strait Islander communities to live on and use traditional land with which they have an ongoing association

• It can belong to a group or community as a collective right, based on the traditions and customary law of that group

• Native title can include rights to:

  • Live on the land

  • Access the land for traditional purposes

  • Visit and protect important places and sites

  • Hunt, fish and gather food or traditional resources

  • Teach traditional law and custom

• The High Court first recognised a right native title in Australian law in the 1992 case of Mabo v State of Queensland (No. 2)

Effectiveness:

• Both the judiciary and the legislature have played crucial roles in law reform and native title

• The biggest legal step forward was the overturning of the concept of terra nullius and the recognition of continuing native title rights

• There is still sometimes difficulty in reconciling with the rights of landowners whose interests conflict with native title claims