Law reform

• Law reform


  Updating law to align with contemporary societal conditions and requirements, addressing issues, enhancing comprehensibility, and employing improved and efficient methods for enforcement and to allow of justice
• Changing social values


  Law needs to reform to align with it
• Changing social values


  • Same sex marriage
• New concepts of justice

  Law needs to reform to align with it
• New concepts of justice

  • Valuing rehabilitation more than punishment, leading to abolition of capital punishment
• New technology


  Law needs to change to maintain current
• Changes may be small and gradual or significant and powerful
• Rapidly advancing tech = law needs to change to maintain current
• As tech like AI becomes heavily integrated into society law needs to reform in order to maintain the safety of users
• Law Reform Commission


  • Established by parliaments
  • Independent body
  • Conducts research and analysis
  • Reviews and recommends reforms to improve and modernize the legal system
  • Can directly influence law changes due to its independent role
• Australian Law Reform Commission (ALRC)


  • Reviews Commonwealth laws referred by the Attorney General
  • Makes recommendations for changes aligned with current needs
  • Government has the discretion to accept or reject recommendations
• NSW Law Reform Commission

  • Reviews NSW laws to eliminate outdated, unnecessary, complex, or defective aspects
  • Streamlines and simplifies laws by removing duplication and overlaps
  • Engages in public consultation and reports to the NSW Attorney General
• Parliamentary Committees


  • Established by both houses of parliament
  • Scrutinize government activities, policies, administrative decisions, and expenditure
  • Hold government accountable and offer suggestions for improvement
  • Two types: standing committees (permanent, report on various matters) and select committees (task-specific or one-time tasks)
• Media


  • Reports government successes and failures without fear of repercussion
  • Ensures a free and fair press, preventing government influence on reporting
  • Raises public awareness on issues such as discrimination, persecution, or financial losses due to inadequate laws
  • Applies public pressure to address injustices and incompetence
• Non-Governmental Organizations (NGOs)


  • Comprised of volunteers with humanitarian goals
  • Can work with or against the government
  • Independent and objective in their assessments
  • Governments may ignore their recommendations, but NGOs can raise awareness of injustices
• Lobby Groups


  • Comprised of volunteers targeting high-status individuals in government, media, and public
  • Influence changes by applying pressure through various means like letters, meetings, policy submissions, social media, or radio
  • Aim to advance social or political agendas by influencing government ministers or members of parliament
• The United Nations (UN)


  1. Acts as a key organisation in international law

  2. Law reform may occur when Australia implements a treaty by enacting domestic legislation that aligns with international obligations (ratifying UN treaties)

  3. Represents the primary method for introducing new international laws and amending existing ones

  4. Requires each country to pass domestic legislation to reflect any international treaties it has signed
• Parliament


  1. Primarily conducts law reform through the introduction of bills in parliament, which are then enacted into statutes with royal assent

  2. Bills may aim to create new laws, modify existing ones, or repeal outdated laws

  3. Proposed laws undergo debates in parliament

  4. Political parties holding the majority in both houses of parliament have the greatest influence on passing bills into laws
• Courts


  1. Higher courts' precedents clarify legal interpretations and may lead to changes in the law over time

  2. Judicial decisions over time contribute to law reform

  3. Occasions like the High Court delivering groundbreaking decisions can significantly impact the legal landscape, such as the 1992 Mabo decision
• Intergovernmental Organisations


  1. Various bodies convene to address international issues such as refugees, tariffs, and economic development

  2. These organisations foster the development of multilateral and bilateral treaties

  3. Examples include the World Trade Organization, European Union, NAFTA, and World Bank