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20 Cards in this Set
- Front
- Back
Laws are Needed
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to protect people (examples, right to vote, freedom from discrimination), provides social cohesion, sets a code of acceptable behaviour (what we accept and what we dont), provides dispute resolution (through the courts) and reflects what we want as a society
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Why Laws Change
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Changing values in society and in society itself, advancements in science, technology and the legal system, the economy and a greater need for protection
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Changing Values in Society
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values and attitudes change for example Statute Law Amendment (Relationships) Act 2001 recognises same sex couples
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Changes in Society
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the legal system must keep up to pace for example Shop Trading Reform Act 1996 (Vic) deregulates shop opening hours
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Advancements in Science
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for example Prohibition of Human Cloning for Reproduction Act 2002 (Cth) addresses concerns about scientific developments in relation to human reproduction and human embroys
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Technological Advancements
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there are always constant changes, changing the law regulates actions for example internet stalking and identity theft
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Advancements in the Legal System
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enhances the law and makes it more efficient for example Koori County Court in 2008 addresses cultural and social needs or prisoners can now be video chatted in the actual court house
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Double Jeopardy
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if a person has been found innocent of a criminal charge you cant be retrialed over the same case
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Perjury
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is when a person lies in court
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The Economy
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for example The Goods and Services Tax (GST) in 2000 the Commonwealth Parliament saw massibe legislation reform for the new tax system, it replaced the previous Federal Tx system and was designed to phase out a number of various taxes, duties and levies such as banking taces and stamp duty
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Greater Need for Protection of the Community
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it creates a harmoniously run community and protects individuals from harm for example the Garry Webb Act they needed a law to hold Garry in prison for longer since he had threatened to kill as many cops as he could get his hands on or Road Safety Road Rules 2009 mobiles were prohibited unless in a holder
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Paternalistic Approach
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to protect those who can't protect themselves for example Brodie's Law makes known that cyber bullying and workplace bullying is not acceptable
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Informal Bodies
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is a group where anyone can join in with other people with similar interests to get the Government's attention to be able to change an existing law or make a new one for example, a petition, media, lobby groups
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Lobby Groups
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are more formal, there is money and key people involved and there are more direct meetings with a politician
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Formal Bodies
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are formally set up bodies with a sole pupose to review laws and look for the need for new laws and then report this to the Government for example the Victorian Law Reform Commission
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Victorian Law Reform Commision
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is an independent, government-funded organisation established by the Victorian Law Reform Commission Act 2000 that gives recommendations (for change to an existing law, making new laws and changing processes) to the Attorney-General in the Legislative Assembly
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Powers of the VLRC
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make law reform recommendation on matters referred to it by the Attorney-General
make reccomendations on minor legal issues of general community concern suggest to the Attorney-General that they refer a law reform issue to the VLRC educate the community on areas of law releant to the VLRC's work monitor and coordinate law reform activity in Victoria |
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Process of the VLRC
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a problem with the current law arises
the VLRC recieves a reference from the Attorney-General or begins a community law reform project the VLRC's staff undertake initial research and consultation a committee of experts might be formed to offer advice to the VLRC and guide their reccomendations a consultations paper is published that outlines the issues involved, may identifu some options for reform and invites submissions submissions are considered by researchers researches hold consultations with people affected by the law, workers in the area, experts in the field and relevant organisation a final report is published that outlines our research and makes recommendations for changes to the law and practice the Attorney-General tables the report in Parliament within 14 sitting days (cannot be released to the public until this has happend) the Government decides whether to implement the recommendations (in whole or in part) Parliament decides whether to pass new or amended legislation |
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Reference
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is a project given to the VLRC by the Attorney-General
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Terms of Reference
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guides the VLRC in deciding what to look at and the scope of the progect and specifies a date by which the VLRC must report back to the Government
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