AOS 4 Law Reform

• Laws need to protect individuals and rights and stop negative behaviour from impacting society. Acceptable behaviour outlined in guidelines to maintain peace and good order of society.
• Laws must be

  • easily understood
  • enforceable
  • changeable
  • acceptable
  • known
• Reasons for law reform

  • changes in beliefs, values and attitudes: society changes overtime and so does the beliefs, values and attitutdes. Society is reluctant to follow them if the laws do not reflect their current values. (example = LGBTQIA+ gay marriage)
• Reasons for law reform

  • advancements in technology: the invention of new technology and technological advancements open up endless possibilities. Laws need to account for new inventions and technological advancements to prevent individuals from being exploited or harmed. (example = introduction of phones)
• Reasons for law reform

  • changes in living conditions: population grows and changes overtime, meaning the living conditions change as well. Can change in social, economic and international conditions. Laws must ensure they reflect the conditions in order to maintain the good order of society. (example = sugar tax)
• Reasons for law reform

  • greater need to protect individuals in different groups in society: different groups of different people in society. The laws must ensure they reflect them to avoid rebellion and ensure obedience of their laws (example = animals)
• Individuals or groups can publicly signify their desires for law change through a number of different ways. Requests are more powerful when there are more people advocating fo the change.
• Petitions are formal, written requests to the parliament to request an action in a specific law that is considered outdated or unjust and needs law reform. Involves the gathering of signatures, more signatures means higher levels of support (more pressure). Fowarded to a member/house of parliament to be tabled. Only way to directly put foward concerns of law reform.
• Types of petitions

  • Print petitions: physical signatures and collected in person. Accepted by all Australian Parliaments
  • E-petitions: signed online using email addresses or digital signatures. Accepted by Legislative Council
• Petition rules

  • be addressed to one house of parliament
  • 250 word limit
  • refer to a matter that is within the power of parliament
  • clearly state the facts and the action being requested in the desired change in law
• Petitions: Strengths

  • simple, easy, inexpensive way to show desire
  • large number of signatures = higher support
  • direct contact with parliament which is tabled
  • must be presented in parliament, if unsuccessful, gain attention
  • e-petition enable for quicker support time
• Petitions: Limitations

  • influence of petitions depends on who tables it and their influence in parliament
  • reluctancy to put personal details on a petition
  • difficlt to attract enough attention to be successful in bringing about change
  • less likely to gain media support
• Demonstrations are large groups of people showing their support for change in the law in a public place (protest or rally).
• The purpose of demonstrations is to express their common concern or dissatisfaction with an existing law.

  • Effective way to influence law reform by alerting government
  • Aims to bring an issue to the attention of the community and law-makers with the objective of persuading others to help to influence a change in law
• Demonstrations usually associate themselves with positive campaigns to gain more popularity.
• Demonstrations: Strengths

  • alert parliament
  • more people = more pressure
  • media is likely to report and raise public interest and educate others who may change the way they view the issue.
• Demonstrations: Limitations

  • must be publicised to make an impression
  • if violent or disruptive, the demonstration may turn public opinion
  • time consuming to organise
  • need media attention to get support
• Individuals can use the courts by initiating legal action. If parliament passes a law that is unfair or unjust, the legislation can be pursued and challenged.
• Use of courts can only occur if,

  • there is standing
  • rule on issues directly involved in the case
  • only decide on point of law or case when people are prepared to challenge existing law in courts
  • courts can be used to determine if a legislation is ultra vires (beyond the law-making power of parliament)
• Use of courts: Strengths

  • Challenging a law can clear ambiguity
  • Even if unsuccessful, media coverage and public nature of courts can draw attention or raise awareness
  • judges can rule on legislation made outside the power of parliament
  • judges decisions and comments can encourage parliament to change law in obiter dictum
• Use of courts: Limitations

  • limited ability in changing the law, can still be overwritten and abrogated by parliament
  • courts are costly and time consuming
  • must wait for a party to initiate a case through the courts before making a ruling (changing law)
• Media can alert the public to a particular view or opinion. Information can be communicated quickly to raise awareness of legal or social issues.
• Types of Media

  • print: newspapers, magazines, books, journals, brochures
  • broadcast: tvs, radios
  • digital: distributed via internet, phones, laptops, e-books, websites, VR, streams
  • social: instagram, pinterest, snapchat, facebook, reddit, twitter, tiktok, youtube
• Social media creates interest and raises awareness of legal issues. Communication of opinions to a broader audience and with greater speed.

  • increase use of mobile devices allows capturing videos (demonstrations)
  • connects people around the world
  • information can provoke and promote people to undertake action of global issues
  • social media source for breaking news
  • directly access a political party, politician or local member of parliament and view their political views and values to make them accountable for their actions
• Print/Broadcast media has the ability to examine, discuss and inform people through radios, newspapers, etc.

  • How media presents a legal or political issue or argument has the ability to shape the views and attitudes of their audience
  • TV programs have forums for political parties and parliamentarians to outline their policy stance and keep them accountable
• TV programs investiage and examine problems in the community to inform the public of injustics and the need to change the law.

  • However, they may present biased or manipulated information to alter community's perception.
• Traditional media may decrease its dependence and give owners of reputable news organisations excessive power and too much influence on community views on controversial social or legal issues.
• Role of Media

  Informing and raising awareness: media can inform people of social, legal and political issues and the need for law reform. Can also generate general interest in, and awareness of those in need.
• Role of Media

  Assessing levels of community support: the media can assist the parliament, government and political parties to assess the levels of community support for law reform
• Role of Media

  Influencing community opinion on a change in the law: the media can influence community views and opinions about social, political, and legal issues and the need for law reform
• Print/Broadcast Media: Strengths

  • ability to examine, investigate, discuss and inform via newspapers and radios.
  • assist parliament, government and political parties in determining whether there is sufficient community support for a change in law via surveys
  • conduct investigations and report on them in the new, stories or TV programs to influence peoples opinions or encourage people, governments to act
• Print/Broadcast Media: Limitations

  • information may be presented in a biased, dependent or manipulated way
  • media concentration, high concentration of media ownership like print media gives the largest media organisations significant power to influence community views
• Social Media: Strengths

  • range of tools to share information
  • create interst in social, political and legal issues and generate awareness of, and support for the need for law reform. Can also be used to guage levels of community support
  • allowance of capturing of videos and images and livestream to huge audiences in real time
  • connects people around the world
  • direct access to political parties or parliamentarians
  • political parties and parliamentarians can monitor social media and guage public opinion on a specific law reform
• Social Media: Limitations

  • people who post media generally do not follow the code of ethics like reputable media organisations do, so media may be not accurate, authenticated or impartial
  • high visual and contains imagery that can evoke emotional resonses based on limited facts or knowledge.
  • owners of social media platforms can spread misinformation, inaccurate or harmful stories given how fast they can be spread
  • use of algorithms can influence what people are reading and fromwhom. This can limit the amount of viewpoints someone can read
• The Victorian Law Reform Commission is a government body that makes reccomendations to the Vic Parliament for law reform. Cannot give legal advice.
• VLRC can suggest to the Attorney-General that they should refer a lwa reform issue to the Commission. Educate the community on areas of law relevant to the Commission's work, and monitor and coordinate law reform activity
• VLRC principles include innovative, independent and inclusive.
• VLRC roles

  • reference
  • review
  • investigate
  • consult
  • formulate
• VLRC receives a reference from Attorney-General (states laws to receieve and timeframe). It reviews current law and finds out how its operating in practice. It discovers any problems or omissions.
• VLRC Process

  • conduct consultations with community
  • publish paper with issues
  • ask community questions
  • invite submissions from organisations, public
  • consult
  • research
  • recommendations published in a report and tabled at Vic Parlimanet