REASONS, INFLUENCES AND METHODS.

Changing the law

Reasons for change

Changing Values in societyChanges in societyAdvances in technologyProtection of the communityProtection of rightsAccess to the lawGenerating changing values in society

How is change influenced?

Pressure for changes to the law can come in a few different ways.

Most law reform comes from the parl and govt depts.

Pressure for change can be divided into 2 types:

Formal and Informal

Pressure to change

Formal Law Reform Bodies

Royal CommissionsParliamentary

committeesALRCVLRCGovt Inquiries

Informal pressureMediaPolitical partiesPressure groupsLobby groupsIndividualsInstitutions

What methods are used to influence change

Demonstrations and protestsDefiancePetitionsLobbyingMedia- radio, TV, letters to the editorPrivate members billYou are to include a brief example for each

of these.

VLRC

What is there role and function?It is an independent, govt funded body. Its

role is to develop law reform in Vic.It also monitors law reforms.It is an advisory body to the govt.

It undertakes research and then makes recommendations to the AG. Read further pg 74.

How does it do this?The commission receives a reference from

the Attorney-GeneralThe commission’s staff undertake initial

research and consultation with experts in the area being investigated.

An issues/discussion paper is published which explains the key issues and asks the community questions.

Submissions are invited from members of the public, community organisations, and any other interested groups.

Consultations are undertaken with members of the community, people working in the area.

The commission sometimes asks experts in a field to research the area

Sometimes they publish this research as an occasional paper.

A report is published with recommendations for changes to the law.

Sometimes, if a project is very large or contains controversial or extensive recommendations for reform, the commission will publish an options paper or interim report

This gives people the chance to comment on possible recommendations.

The Attorney-General tables the report in parliament.

Parliament decides whether to implement the recommendations

(in whole or in part) through legislation.

The

Defensive Homicide

In 2001 the AG gave the VLRC the brief to investigated this area of law.

They worked through all the areas (as just outlined).

Link the process to the events in this investigation.

With each of the following groups / individuals etc you need to outline:

How they influence change?What exactly is the method?How successful is the method?An example of each method.This is going to be reported to the class-

today.

Methods used to influence change

Pressure Groups

TomA group of people who share the same viewsOften formed because of a dissatisfaction

with a particular lawThere are 2 types of groups:

Institutional groups- e.g trade unions Interest groups – e.g Right to life Australia

Success depends on their influence on politicians

Demonstrations and protests.

Charles

Defiance

Murray

PetitionsDaleA petition is a formal, written request for

government to change a law that is considered outdated.

With a collection of signatures gathered by supporters, the petition must be presented to the House of Reps.

The higher the amount of signatures, the higher the pressure for change, the extreme amounts of signatures are successful.

E.g. Abortion Legislation petition (Oct 2007)

Media

Kimiora and Katie

Lobbying

EdMaking requests to politicians or groups for

their assistance in trying to influence change in the law. Individuals can also lobby for change in the law.

E.g. Bruce Clark has been campaigning to have the law changed to make it illegal for adults to give alcohol to under-age kids without parents permission.

There are some professional lobbyist in Canberra who are employed by individuals or groups to lobby members of the parliament.

Submissions to Law reform bodies

Lauren

Courts changing the law

Cassandra

Parliament changing the law responding to courts

Kasey

Courts suggesting changes

Sam

Private Members bills.

Most of these bills are unsuccessful, however from time to time both parties may get behind a bill that has been introduced by a private member.

EG: Euthanasia Laws Act 1997.

Some bills also get taken over by the govt and then are successful.

What hinders or hampers change?

1. Our political system and the actual parties.If one party has majority in both houses then

they can do as they please. If they don’t then things can be held up.

2. conflicting views in society.3. Money4. the constitution and its limitations on

states or C/W.5. the courts.

Strengths and Weaknesses of Parliament.

Complete the table and outline some details as to what the strengths and weaknesses of parl as a lawmaker are.

SAC 2. first day after the holidays.