Law-making through parliament Chapter 2 Part 1

Overview The reasons why laws may need to change The means by which individuals and groups influence legislative change (including use of contemporary examples) 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

Success Criteria (part 1) Explain the reasons why laws may need to change. Explain the means by which individuals an groups influence legislative change, including: Petitions Demonstrations Use of the media Evaluate the effectiveness of each of these methods.

Reasons why laws may need to change Changing values and attitudes As people’s values and attitudes change over time, so should the law Example: de facto relationships and same-sex couples Changes in society Buying habits, criminal habits, safety issues Example: cyber bullying Protection of the community New issues that may require new or amended laws to protect the community Example: mobile phones and driving (pg 43) Protection of rights When rights are infringed and injustices unable to be resolved through the law, the law needs to change. Changing Values and Attitudes Oscar’s law 2010 Debra Tranter rescued Oscar from a puppy farm. 2011 Domestic Animals Amendment (puppy Farm Enforcement and Other Matters) Act 2011 passed into legislation. Provides more regulation over puppy farms. This Act also amended the Prevention of Cruelty to Animals Act 1986 (Vic) to increase penalties for cruelty to animals. DeFacto Relationships and Same-Sex Couples Relationships Act (2008) Vic) establishes a register for the regulation of domestic relationships in Victoria. (irrespective of gender) Feb 2012 two private members bills to legalise same-sex marriage were introduced into the Commonwealth Parliament. Labour party allowed a conscience vote on these bills but the Coalition did not. Both bills were defeated. Changes in Society Packaging – 100 yrs ago markets – feel, look Competition and Consumer Act 2010 (Cth) – goods purchased must be of acceptable quality and reasonably fit for disclosed purposes. Drunk and Disorderly Justice Legislation Amendment Act 2011 (Vic) – licensee or member of police force can bar a person from entering or remaining on licensed premises. Liquor Control Reform Amendment Act 2010 (Vic) – must make drinking water available. Bullying Crimes (Amendment)(Bullying) Act 2011 (Vic) – stalking, making threats, using abusive or offensive words. Protection of the community Crimes Amendment (Grooming) Act 2014 (Vic) protect children from grooming Restrictions on parole Corruption in betting Gross vilolence (pg 44) Protection of Rights Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Reasons why laws may need to change Advances in technology Significant changes in many areas – computers, medical technology, Internet, science Example: identity theft Access to the law Improve people’s ability to gain access to the law to resolve disputes Example: Koori Courts Generating changing values in society Sometimes the law helps create changes in our own values (i.e. proactive in changing values, rather than being reactive to our changing values) Example: anti-discrimination Victorian Charter of Human Rights and Responsibilities Advances in Technology Computers – Crimes Amendment (Identity Crime) Act 2009 (Vic) passed to overcome identity crime. Gene Technology – who owns our genes? Patent Act 1990 (Cth) amended to reflect the wishes of the people. Access to the Law Vikctorian Civil and Administrative Tribunal Act 1998 (Vic) – provides alternative avenues of dispute resolution eg Victorian Civil an Administrative Tribunal. More mediation to try and resolve civil actions faster and with less expense. Judicial resolution conferences held before a civil case goes to trial Pg 45 Generating Changing Values in Society. Victorian Charter of Human Rights and Responsibilities – seeks to educate Equal Opportunities Amendment Act 2010 (Vic

Portfolio Task In your Legal Studies examination you will be required to refer to examples of recent changes in the law. You should start a folder of changes in the law. Collect newspaper articles discussing proposed changes in the law and make a note of reasons for the proposed changes. Keep a list of recent proposed changes in the law and changes that have taken place to use as examples.

Individuals and groups influencing change: Pressure Groups Groups of people who join together because they have a particular common interest in trying to influence the government to change the law. Often the sheer weight of numbers can lead to their demands being listened to.

Methods used to influence change: petitions Formal written request for change with signatures Need at least one signature Forwarded to a local member of parliament to present at the next sitting of parliament Parliament imposes rules on the form and content of petitions: Must be addressed to only one house of parliament Refers to a matter that is within the power of parliament to address States the facts Requests parliament to take action Example: cruelty to animals (puppy farms petition)

Methods used to influence change: petitions

Methods used to influence change: demonstrations Also known as protests or rallies Group of people coming together to show support for change in the law in a public place Usually requires a large group of people Draws attention of the community, law-makers and the media Examples: ‘bust the budget’ demonstrations, climate change

Methods used to influence change: demonstrations

Methods used to influence change: media Individuals and groups use the media to gain community awareness and support in alerting law-makers to the need for a change in the law Media includes newspapers, radio, talkback shows, social media (e.g. Facebook), blogs, websites, special interest reports and letters to the editor Gains community awareness, support and the attention of MPs Example: use of social media to promote changes to marriage laws

Methods used to influence change: media

Evaluate the effectiveness of methods used by individuals to change the law Learning Activity 2.2 Questions 3, 4 and 7 Learning Activity 2.3 Question 3 Learning Activity 2.4 Questions 1 and 2

Evaluation: petitions, demonstrations, media