Victorian Law Reform Commission – exam question

With the use of a recent example, explain the role played and process followed by the Victorian Law Reform Commission in influencing a change in the law. 4 marks

Solution Within this question, the example of the VLRC is used to show application of the work of a formal law-reform body to the process followed. 1 mark is for the role of the VLRC 2 marks is for the process followed 1 mark is for the reference to and use of an appropriate example

Example: role/process The role of the Victorian Law Reform Commission is to research issues referred to it by the Victorian Attorney – General, to review existing law, conduct investigations and inquire on the issue, then develop recommendations for change and propse law reform to parliament. Its process begins with a reference received from the Attorney – General, review of the current law including problems encountered with the current law, and preparation of interim, issues, consultation or discussion papers which explain the key issues. They then conduct investigations of the area of law via research, surveys, interviews, submissions and consultations from the public and interested/affected parties. Publication of a final report containing recommendations for change is then presented to the Attorney – General, and is then tabled in Parliament. Parliament then decides whether to draft legislation incorporating the recommendations made.

Now the example… For example, the VLRC received a reference to investigate and report on Assisted Reproductive Treatment in 2002. the VLRC research for four and a half years which included publishing consultation, occasional and positions papers, seeking comments and submissions on these, numerous consultations public forums, speeches and presentations It made 41 recommendations for legislative change, which was tabled in parliament in June 2007 The Victorian Parliament adopted most of these recommendations in the Assisted Reproductive treatment Act 2008 (Vic)

So therefore…again Within this question, the example of the VLRC is used to show application of the work of a formal law-reform body to the process followed. 1 mark is for the role of the VLRC 2 marks is for the process followed 1 mark is for the reference to and use of an appropriate example