Informal and Formal methods used to change the Law

Tuesday 10th March

the reasons why laws may need to change

the means by which individuals and groups influence legislative change, including petitions, demonstrations and use of the media

the role of the Victorian Law Reform Commission

the legislative process for the progress of a bill through parliament

strengths and weaknesses of parliament as a law-making body.

Would laws also need to change????

https://www.youtube.com/watch?v=hrf8cPr6wUA

Changing values in society

Changes in society

Advances in technology

Greater need for

protection of the

community

Greater awareness of the need to protect

rights

Greater demand for access to the law

Encouraging changes in values in society

Reasons why laws need

to change

Copy Table 2.1

“Changes in the

law” into your

notes page 46

(cycle plan 2 Task

1)

Informal and formal pressure

Informal

Not connected to the law-making

process

Formal

Within the law-making structures

Pressure groups

Individuals joining together on a

common interest to influence the

government to change the law

Petitions

Demonstrations

Media

• A formal written request to

the government for action in

relation to a particular law

that is considered outdated

or unjust

• E-petitions are a petition

signed online

• Aka protests or rallies

• Held to alert government

to the need for a change

in the law

https://www.youtube.com/watch?v=iaySl5Xkh4c

The media allows for petitions and

demonstrations to inform law makers of

the need to change a law by publicising

the issue

Strengths Weaknesses

Formal law reform bodies are employed by the government to inform them of changes in society that may require a change in the law.

They are designed to be impartialand provide advice to parliament to which parliament may or may not follow

Given parliaments time constraints, formal law reform bodies allow for further research/investigation into areas of law-making

Victorian Law Reform Commission (VLRC)

Established 6th April 2001

Independent, government funded organisation

Designed to investigate areas of law in which the government feels there is a need for reform and to monitor and coordinate law reform activity in Victoria

Make recommendations for law reform on matters referred by the attorney-general

Make recommendations on minor issues not referred by the attorney-general

Request to be referred to a particular area of law

Educate the community on areas of law relevant to VLRC

Monitor and coordinate law reform activity in Victoria

Undertake initial research and consultation with experts in area

Publish an issues or discussion paper

Invite and consider written submissions from members of the public

Undertake consultation with relevant bodies

Asks experts to research further

Publish a report with proposed reforms

Table the report in the Victorian Parliament

The VLRC conduct inquires into areas of law recommended by the attorney-general that may require change

They employ many processes to review the area of law, such as explained in previous slide

From their findings they complete a report with recommendations on changes, if any, to the current laws related to the area

This may be followed by a legislative response, or change in the law.

Completed inquiries include:

Abortion

Birth registration and birth certificates

Jury directions

Sex offenders registration

Current inquiries include

Jury empanelment

Crimes (mental impairment)

In March 2013, the VLRC was asked to review the jury empanelment process to ensure it operates justly, effectively and efficiently.

Considerations included: Peremptory challenges

Calling of jurors by name or number

Operation of S48 of the Juries Act (additional jurors during deliberation)

Reducing juror number to 12 (criminal) 6 (civil) before jury retires to consider its verdict

Submissions closed on 15th November 2013

The VLRC released their

report on the Jury

Empanelment Inquiry in May

2014

Recommendations are

detailed in the report

VLRC website

The main role of parliament is law-making (legislative process)

The process of a bill through parliament is LONG and involves many stages

Initiating legislation

Drafting legislation

Scrutiny of bills

Progress of bills through parliament

A problem presented by the community that the government thinks should be addressed begins the legislation process

Government departments review laws and the need for change

Cabinet ministers decide on which laws need to be changed

Parliamentary committees investigate various areas and report to parliament any recommendations

Bills are scrutinised by parliamentary

committees either before or during the

progress of a bill through parliament

This allows for

Further scrutiny of proposed legislation

Thorough investigation

Hear from interest groups

Public voice

Senate

Senate Standing Committee for Selection of Bills

Senate Standing Committee for the Scrutiny of Bills

Senate Standing Committee on Legal and Constitutional Affairs

Legislation Committee

References Committee

Seven Joint Standing Committees (such as Joint Standing Committee on the National Disability Insurance Scheme)

House of Representatives

Selection Committee

House Standing Committees (such as Standing Committee on Health)

Range of joint committees (such as Joint Standing Committee on Human Rights)

Scrutiny of Acts and Regulations Committee considers all bills and reports to parliament any breaches on Rights or freedoms

Inappropriate use of legislative power

Incompatibility with the Charter of Human Rights and Responsibilities (statement of compatibility)

Interference with the jurisdiction of the Supreme Court

Upon second reading of the bill the senior legal adviser of the committee carefully examines all aspects of the bill

http://www.abc.net.au/btn/story/s3295573.htm

Introduction and First Reading

Second Reading

Committee Stage – consideration in

detail

Third reading

Vote

Once a bill has passed both houses the clerk of parliament certifies the Bill and the governor (state level) or governor-general (federal level) signs the bill and gives royal assent

The Act comes into operation on a day stated in the Act or on a day proclaimed by the governor or governor-general in the government gazette (the proclamation)

If not otherwise stated, an Act comes into operation 28 days after royal assent

Complete