Law Reform

Reasons for law reform

Ability of individuals in influencing reforms

Role of Media in law reform

Role of VLRC and Ability to influence law reform

VLRC law refrom

Ability of Courts and parliament to respond to the need for law reform

Changes in beliefs, values and attitudes

Changes in social, economic and political conditions

Advances in technology

Greater need for protection of the community

Community values change as knowledge increases

If laws are to remain relevant and acceptable to the majority of people, it must be kept up with - and reflect - these changes.

Social

  • laws need to change to ensure we can all live together peacefully and maintain our basic standard of living

Economic

  • Governments need to monitor and change laws that regulate the buying, selling and production of goods and services across different areas of the economy

Political

  • Changing political circumstances within Aus as well as international circumstances or global evens often influence law reform. e.g. terrorist attacks

Laws need to be changed to control and regulate new inventions and opportunities. They will also reduce the likelihood of people being harmed or exploited.

Law reform must continually occur to make sure the individuals and different groups in our community are protected

Petitions

A petition is a formal written request to the govt to take action or implement law reform

A petition must:

  • be addressed to the house in which it is being presented
  • Contain a clear statement of request for action
  • Contain the name and address of at least one individual who supports the need for action
  • be legible and not contain any offensive language
  • be an original document

Effective

  • simple and inexpensive
  • MPs are more likely to consider a petition if it has many signatures
  • can generate public awareness
  • once a petition is given to a MP, it MUST be presented to parliament

Ineffective

  • No guarantee that parliament will introduce change
  • If there is no other pressure, petitions can fail to gain attention
  • The impact depends on the passion of profile of the MP

Demonstrations

A gathering of people, to protect or express their common concerns or dissatisfaction with an existing law as a means of influencing law reform.

Strengths

  • Large crowds can attract free media attention
  • they can gain support of MPs who want to 'adopt a cause'
  • Can raise social awareness

Weaknesses

  • Can be less effective if they cause public inconvenience which can lead to negative media attention
  • Can be difficult and time-consuming to organise
  • attendance can be effected by location and weather
  • often single events that may not generate ongoing support

Traditional media: newspapers, radio and television
Social media: Instagram, Facebook, Linked In

Social media has the potential to reach millions: 60% of Australian population actively use Facebook

High concentration of media ownership may decrease its independence and give the owners of media organisations excessive power and too much ability to influence community views on controversial legal issues and law reform


News Limited and Fairfax together account for 85% of all newspaper sales in Australia

  • News Limited (The Australia, Herald Sun - read by 4.3 million) recognised as pro Liberal-National Coalition
  • Fairfax (The Age - read by 4.1 million, The Sydney Morning Herald) recognised as pro Labour
  • The ABC is recognised as pro Labour and the Greens

Role

Inquiry: To examine and report on any terms of reference referred to it by Vic AG and make recommendations for law reform

Investigation: minor legal matters the VLRC believed is a general concern within the community an report possible law reform

Monitoring: monitor and coordinate law reform activity

Education: inform the community of law relevant to their investigations and deliver programs to the community about their work

Processes

  • Undertake initial research once they receive a terms of reference from the AG
  • Publish an issues paper
  • Hold consultations and invite submissions
  • Asks experts in the areas for information and input
  • Publish a report with recommendations
  • The report is passed to the A-G who must table it in parliament within 14 days of receiving it
  • The govt then decides how many or which recommendations to accept and implement

Strengths

  • Govt should be more likely to act on the VLRC's report as they ask VLRC to investigate the need for law reform
  • VLRC can measure community views and then reflect them in recommendations. This should increase the likelihood of Govt implementing law reform
  • VLRC is independent of govt and is objective
  • Statistics suggest VLRC can be highly influential (70%)

Weaknesses

  • VLRC can only investigate issues referred to it by govt
  • no obligation of parliament to support or introduce law reform
  • VLRC's investigations can be time-consuming and costly
  • VLRC is limited in its resources
  • can only reccommend changes to Vic law

Courts

Individuals can raise awareness of the need for law reform by challenging the law in the courts.

Weaknesses

  • Courts are limited in their ability b/c they can only change law when a case is brought before them
  • individuals can be reluctant to challenge existing laws b/c expensive and time-consuming
  • judge-made law can be abrogated
  • Judges are unelected and their decisions and comments may not reflect the views of society

Strengths

  • Can clarify a vague or unclear law
  • even if successful, it may gain media coverage which can generate community interest
  • Judges can rule legislation ultra vires
  • Judges decisions and comments made in court can encourage parliament to change the law

A court can only decide on the issue brought before them and parliament can always override a court decision, with the exception of HC deciding on constitutional matters

Courts

Parliament

Assists

  • Create law where none exist
  • Judges are independent of political pressure
  • Judges comments can directly influence parliament
  • Ultra Vires and judicial activism
  • Raise community awareness through decisions

Limits

  • Judicial conservatism
  • Standing
  • Parliament may abrogate any decisions
  • Judges are not elected by the people

Limits

  • Ultra Vires
  • May use voter support as influence
  • MPs may be reluctant where there are conflicting community views
  • Hostile upper house

Assits

  • supreme law-making body
  • can pass legislation to codify decisions made by courts
  • Parliamentary committees
  • VLRC
  • can respond quickly