LAW REFORMLegal Studies 3C

REASONS WHY LAWS MAY NEED TO CHANGE

Changing values and attitudes in society

Changes in society

Advances in technology

Greater need for protection of the

community

Greater awareness

of the need to protect rights

FORMAL & INFORMAL GROUPS

Formal Groups

Law reform bodies

Royal Commissions

Commissions of Inquiry

Statutory bodies

Parliamentary

Committees

Informal Groups

Individuals

Political parties

Pressure groups

Institutions

Law Reform bodies Australian Law Reform Commission (e.g.: Serious invasions of privacy – inquiry

into the protection of privacy in the digital era Tasmanian Law Reform Institute (e.g.: Bullying, self defence law)

Royal Commission E.g: current Trade Union Royal Commission (2015)

Commissions of Inquiry Queensland Floods (2012)

Statutory bodies E.g.: Sentencing Advisory Council e.g.: suspended sentences

Parliamentary Committees E.g.: Growing Tasmania’s economy – Select Committee

Formal Law Reform groups

Individuals Mabo case (1992) – Eddie Mabo: case heard in the High Court which

lead to the Native Title Act 1993

Political parties Labor – pledge to legalise same sex marriage if win next election

Pressure groups Animals Australia – voice for animals GetUp – social justice, economic fairness, environmental sustainability Dying with Dignity Victoria -

Institutions E.g.: Cancer Institute of NSW – smoking laws

Informal Law Reform groups

METHODS USED BY INDIVIDUALS AND GROUPS

Demonstrations – to be successful, a large group of people must show their support for the change in the law.

Media – assist in gaining community support and assisting in alerting law-makers to the need for a change in the law

Petitions – written request to the government for action to a particular law

The Law Reform Process – Clickview (22 minutes) Page 52 – 77 (blue edition)

TOPICAL LEGAL ISSUES

TASC Requirements:

2 x topical legal issues researched

Each inquiry will result in a formal report (approximately 900 words / 3 pages) that includes: Identification of current political and legal institutions / processes

related to the topic Identification of differing views on the issues while ensure focus is on

legal and political dimensions (and not sociological, economic aspects etc. of the issue)

Assessment of issues through relevant aspects of the nature and function of law, and processes of changing law

TOPICAL LEGAL ISSUES

Surrogacy Digital privacy The Senate

POSSIBLE EXAM QUESTIONS – SECTION D

'The composition of the current Senate has made law reform challenging.' Evaluate this statement making reference to Bills which have come before the Senate in 2015

'Surrogacy laws in Australia have kept pace with social change.'  Evaluate this claim with regard to the strengths and limitations of the law reform process.

'The Telecommunications (Interception and Access) Amendments (Data Retention) Act, 2015, passed by the Federal Parliament, will strengthen national security.' Evaluate this claim with regard to the strengths and limitations of the law reform process.

Only need to answer 1 question

CRITERIA TO BE ASSESSED IN THE EXAM FOR SECTION D

Criteria 1: Communicate legal and political information

Criteria 3: Describe and assess Australian law making processes

Section D focuses on analysis and any inclusion of descriptive material should be relevant to the argument being presented.

STRENGTHS AND LIMITATIONS OF LAW REFORM PROCESS

Strengths and limitations of parliaments as law makers (page 96 – 99)

Strengths and limitations of courts as law makers (page 267 – 270) Strengths and limitations of formal and informal law reform groups

Clickview “The Law Reform Process” Page 76 – 77 blue edition