Hey guys, I have my SAC on Thursday and just completed a set of questions given to me by my teacher for revision. If anyone could read these and suggest any improvements I can make that would be great. Also, I need an example of a succesful lobby, and a succesful demonstration to include in my responses. Any help would be much appreciated, thankyou
1. Outline 4 reasons why laws need to change and provide a relevant example for each.
The beliefs and values of society change over time, and as our government is meant to represent the people, it is important that that introduce law changes to reflect the values of the people, such as when a petition in 1909 lead to the ability of women to be able to vote in Victoria. The rapid rate of technological development means that the law must remain up to date with them, and their impact on society. The Victorian Law Reform Commission released a report on surveillance in public places in 2010 that included things like cameras in mobile phones, in order to remain up to date with new technology. Political circumstances such as terrorism can influence changes to law, such as occurred in Australia since the September 11 bombings in America. The government is also looking for ways to enhance the legal system, and keep up to date with advances in other countries. They can do this by introducing new bills to parliament such as The Human Rights Bill 2010, which states that members of parliament who introduce a new act to parliament must include a statement of compatibility with the charter of Human Rights.
2. What is the role of the VLRC?
The Victorian Law Reform Commission is an independent law reform body that is designed to research issues referred to it by the Attorney General. It also has the power to recommend minor changes to law without a reference from government, and engages in community education.
3. Is the VLRC an effective organisation? Comment using examples.
The VLRC is very effective in its role of gathering information and researching issues, as well as gauging public opinion on them. Whether or not parliament approve their recommendations is a separate matter, but their research is often useful and thorough, and a good foundation for a proposed bill. However, the time it takes to do the proper research can mean that the VLRC is slow, and by the time they finish their report, public opinion, or even factual evidence may have changed.
4. How does the VLRC derive its power?
From the Victorian Lew Reform Commission Act 2000. In this document their five major powers are stated as: to make law reform recommendations on matters referred to it by the Attorney General, to make minor recommendations on issues of community concern, suggest to the Attorney General that they refer an issue to them, to educate the community on their work, and to monitor and coordinate law reform activity in Australia.
5. Provide a current example of a project the VLRC is involved in.
The VLRC is currently researching issues of guardianship in Victoria, and whether or not the current laws are appropriate for today’s society.
6. Describe the reference and the current status of the project.
The terms of reference include: the need to regard the dignity and respect of those involved in the cases, the introduction of the Human Rights charter, new laws about people with impaired decision making skills, and the increase in Australia’s ageing demographic. They need to consider the relationship between the Act and other relevant Victorian or Commonwealth legislation relating to the issue. The commission recently published “guardianship: A Consultation Paper”, which outlines the current laws, and asks questions to prompt submissions. The deadline for this submission is 20 May 2011, and the VLRC has been asked to report on this issue by 23 December 2011.
7. Outline 4 methods/means by which individuals and groups can influence legislative change.
People can attend protest rallies to demonstrate their support of law reform – this involves a large number of people congregating in a public place to make a show of their desire for change. They can also sign petitions, which involve signing your name to demonstrate your support, and are basically a show of numbers. Lobbying is paying a lobbyist to argue a case of law reform to a member on behalf of an individual or group. Lobbyists are generally well known to politicians, and can have a wide degree of expertise in the subject area. The media (which include radio, newspapers, TV, the internet and more) are effective ways of gaining publicity and spreading awareness of issues, and are often quite influential.
8. Discuss the effectiveness of these means – use examples to support your answer.
Protest rallies can be very effective ways to influence change. They are very public displays which often attract media attention, spreading the issue further, and they are also a show of the size of support. As the government is supposed to be representative of the people, shows of masses of people that desire change in a law can be quite effective in bringing about change, Insert example here.
Petitions aren’t hugely effective, as they are easily ignored in parliament. Once the petition has been lodged, parliament often simply does not respond. However, petitions are known to be good for increasing community support for the issue. There are a few examples of effective petitions, such as the petition in 1909 to allow women to vote in Victoria, but the vast number of petitions make little difference in the large scheme of things. Lobbying is extremely effective, as the direct access to members of parliament allows them to be more easily swayed, especially if it is by someone they know personally, or someone who has expertise in the area. However, lobbying is only an option for the select few groups and individuals who have enough money to pay the lobbyist’s fees – it is not a process available to the general public. Insert example here.
Media is an incredibly effective way of influencing legislative change. The ability to spread information and ideas, to gain awareness and influence is crucial to legislative change, as the people must want change in order to fight for it. People also have a habit of following the opinion of the majority, and the way in which the media spin the issue can affect the way people think about it. The large amount of media coverage surrounding abortion laws had a huge effect on its success in parliament – as awareness of the issue grew through the media, so did the support of the media, which the government could not ignore forever.
9. Describe the legislative process. Comment on what occurs at each stage. What stage do you think is the most important?
An issue will appear in society or parliament that needs to be addressed in legislation. A member of parliament drafts a bill to be presented to parliament. Their party then posts a notice of intention, and then reads the bill aloud for the first time, giving an overview of the issue and the proposed legislation. The bill is read aloud a second time, and debate commences after the member’s speech, in which they outline the main purpose and likely benefits of the bill. Members of parliament then say what they think about the bill in a debate that can take weeks to conclude, and then vote on whether the bill should be allowed to continue through parliament. Consideration in detail then occurs, as the parliament debates the bill clause by clause. The bill is then read aloud a third time, and voted upon. If it passes through whichever house it was initiated in, it then passes to the other house, where it follows the same process. If that house passes the bill, it is then sent to the crown’s representative for royal assent, and is proclaimed as a law.
10. Outline four strengths and four weaknesses of parliament as a law makes. Describe why they are so, and use examples to support your answer. Can strength also be a weakness?
Parliament has access to expert opinions and research, allowing them to make well informed decisions on future legislations. However, this can lead to a lengthy process, and it may take a substantial amount of time for new bills to be drafted and passed through court, as they have to be closely researched. Parliament also has good access to the public, and is able to gauge public opinion on an issue before drafting legislation (they can do this through organisations such as the Victorian Law Reform Commission). Whilst the courts can only change very specific small areas of the law through precedent, parliament is able to make legislation that covers whole topics, and quickly so as to keep up to date with a changing society. Laws made by parliament can also be made quickly and flexibly, such as that created in 2009 when the government needed to respond quickly to the H1N1 virus sweeping the world. However, since they are able to make laws so quickly, this can mean they are not researched enough, and may soon have to be changed again as new circumstances develop. Politicians are very conscious of public opinion, and usually wish to remain in power in their seat. In some cases this can be good, because they reflect the values of voters, but it also means that they might not act on controversial issues that need to be acted upon, for fear of public backlash. Technicalities in certain areas of legislation can mean that certain situations are not accurately covered by the law, and are left to the interpretation of the courts. As shown, many aspects of the legislative process are both positive and negative.
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