Transcript Legal Studies Unit 3

Legal Studies Unit 3
AREA OF STUDY ONE: PARLIAMENT AND THE
CITIZEN
DP 3: THE REASONS WHY LAWS MAY NEED
TO CHANGE
 Describe the main aim of the law
 Describe the characteristics of an effective law
Answer
 The main aim of the law is to protect our society and
keep it functioning.
 To be effective, laws need to be known by the
community, easily understood and able to be
changed. Laws must also keep up with the changing
values and attitudes of society.
Reasons why laws may need to change
 Explain four main reasons why laws may need to
change. Cite relevant examples in your response.
Answer: Changing community values and
attitudes
 Laws may need to change to keep up with changing
values and attitudes. In order for the law to remain
acceptable to individuals in society it must change to
keep up with these changing values. Eg: changes in
views on defacto relationships prompted the
Relationships Act 2008 (Vic.) which established a
register for the registration of domestic relationships
in Victoria.
Answer: changes in society
 Changes in society – consumption patterns, buying
habits and behaviours – may prompt a change in the
law. Eg: Summary Offences and Control of Weapons
Acts Amendment Act 2009 (Vic.) was passed to
reduce the incidence of youths carrying knives.
Answer: advances in technology
 Advances in technology means that the law must
cover new situations to reduce the opportunity for
individuals and groups to be harmed. Eg: Crimes
Amendment (Identity Crime) Act 2009 (Vic.) aimed
to prevent identity theft as a result of computer use.
Answer: protection of the community
 The community needs to be protected. As such, laws
need to make unlawful those actions that may harm
the community or individual members of the
community. Eg: Crimes Legislation Amendment
(Food and Drink Spiking) Act 2009 (Vic.) aimed to
provide sanctions for those whose behaviour (spiking
a drink) harmed another person.
Answer: protection of rights
 The law may change to protect peoples’ rights. When
someone’s rights are infringed the law needs to
change to deal with these injustices. Eg: The Equal
Opportunity Act 2010 (Vic.) has been passed to
prevent a person from being discriminated against
based on their gender, race, age.
Answer: generating changing values in society
 The law may need to change to encourage a change
in society’s values. For example, the Victorian
Charter of Human Rights and Responsibilities seeks
to educate the community on rights and tolerance.
This is one example of a law that has been made to
drive new values and social norms in the community.
Answer: access to the law
 To assist people to seek a resolution of a dispute, the
law has changed to provide alternative avenues of
dispute resolution such as VCAT (as established
under the Victorian Civil and Administrative
Tribunal Act 1998 (Vic.)
Exam question
 Sally has just become an Australian citizen and is
interested in learning more about the Australian
legal system. She is particularly interested in the
ways laws are changed.
 Explain one reason why laws may need to be
changed. Provide an example to illustrate your
answer. 2 marks (VCAA 2008)
CAN YOU…
 Explain at least four reasons (in detail) why the law
may need to change WITH relevant
legislation/examples?
 Explain the elements of an effective law (this is
different from the elements of an effective legal
system)?
DP 3: THE ROLE OF THE VICTORIAN LAW
REFORM COMMISSION (VLRC)
 Describe the role of the VLRC
Answer
 The VLRC is an independent, government funded body which is




responsible for conducting research and providing
recommendations to parliament regarding specific areas of law.
The VLRC can make recommendations for law reform on matters
referred to it by the Attorney General (this involves conducting
research, consulting with the community and reporting on law
reform projects).
The VRLC can also make recommendations on minor legal issues of
general community concern not referred to it by the attorney
general.
The VLRC also monitors and coordinates law reform activity in
Victoria.
The VLRC also educates the community on areas of law relevant to
the VLRC’s work.
METHODS/PROCESSES USED BY VLRC
 Describe some of the processes used by the VLRC to
investigate a change in the law.
Answer
 After receiving a reference from the attorney general, the






VLRC:
Undertake initial research and consult with experts in
the field to assess the need for change
Publish a discussion paper which explains the key issues
and asks the community questions
Invites and considers written submissions on the issue
from members of the public, organisations and legal
bodies
Undertake consultation with groups (public forums)
Publish a report with recommendations for changes in
the law.
Table the report to the Victorian Parliament.
VLRC INVESTIGATIONS
 Discuss an area of law that has been investigated by
the VLRC. Comment on what change in the law has
taken place as a result of the VLRC investigation.
Explain the methods used by the VLRC to assess the
need for change in the law.
RELEVANT EXAMPLES
 Possible examples:
 Sexual Offences
 Supporting Young People in Police Interviews
 Decriminalising Abortion
 See your ‘case study’ handouts for more detail.
EFFECTIVENESS OF VLRC IN INFLUENCING
A CHANGE IN THE LAW
 Evaluate the effectiveness of the VLRC in bringing
about a change in the law.
Answer
Strengths
Weaknesses
•The government has asked the VLRC
to investigate a change in the law and
therefore the government is more likely
to act on its report
•The VLRC can only investigate areas of
law referred to it by the government or
minor issues without reference
•The VLRC can gauge public opinion by
receiving public submissions
•The VLRC are able to investigate an
area of law comprehensively to the
government can initiate a new law that
covers a whole issue. Eg: Abortion Law
Reform Act 2008 came out of the
VLRC’s work on decriminalising
abortion.
•There is no obligation for the
government to follow the
recommendations listed in the report
•Investigations can be time consuming
•VLRC may have limited resources
CAN YOU…
 Explain what the VLRC is?
 Explain the role of the VLRC?
 Describe the methods used by the VLRC to prompt a
change in the law?
 Describe one specific example of an area of law that
has been investigated by the VLRC, the methods
that they used to investigate a change in the law?
 Evaluate the effectiveness of the VLRC in
influencing a change in the law?