1.6 – The role of the Victorian Law Reform Commission (VLRC) The Victorian Law Reform Commission (VLRC) Unit 3 Legal Studies - GSC 1

Background  The Victorian Law Reform Commission (VLRC) was established under the Victorian Law Reform Commission Act 2000 (Vic), and opened on 6 April  It is an independent body but government funded  Role is to assist in co-ordinating law reform in Victoria  The chairperson (Justice Phillip Cummins) and commissioners (QC’s, Lawyers etc) work on different projects (reference)  Made up of various organisations eg. Equal Opportunity, Human Rights, Legal Aid Unit 3 Legal Studies - GSC2

Background  The primary function of the commission is to provide independent advice to the Victorian Government on law reform relating to Victorian law.  Like its federal counterpart (the Australian Law Reform Commission), the commission is required to report on issues referred to it by the Attorney-General. Unit 3 Legal Studies - GSC3

Law reform Bodies  The VLRC are not the only organisation in Victoria working on law reform. The Sentencing Advisory Council and the Parliamentary Law Reform Committee also look at ways to reform Victorian laws. Organisations like the Law Institute of Victoria and community legal centres regularly contribute to law reform projects. Unit 3 Legal Studies - GSC4

Make-up of the ALRC  One full-time president  four part-time commissioners  One full time commissioner  Also employs policy and research officers who perform tasks associated with current reviews. Unit 3 Legal Studies - GSC5

Make-up of the VLRC  The Victorian Law Reform Commission has six part-time Commissioners and a Chairperson.  Each of the Commissioners works intensively on one or more projects in what are called divisions of the Commission. All Commissioners are involved in decision making about the recommendations in reports published by the Commission.  The Chairperson and part-time Commissioners are appointed for terms determined by the government.  The Commissioners are supported by staff who organise and undertake consultations, research, write and publish the Commission’s publications. Unit 3 Legal Studies - GSC6

Make-up of the VLRC  Chairperson - The Hon Philip Cummins  Commenced as Chair of the Victorian Law Reform Commission on 1 September 2012, was a Judge of the Supreme Court of Victoria from 1988 to He served in all of the Supreme Court Divisions and in the Court of Appeal, including as Senior Judge of the Trial Division of the Court and Principal Judge of the Criminal Division. In addition to being Chair of the VLRC, Philip is also Chair of the Victoria Law Foundation and is a member of the Law School at the University of Melbourne. He holds several university degrees including a Master of Laws and Master of Science (Psychiatry) and is a Senior Fellow (Hon) in the Law School at Melbourne University. Unit 3 Legal Studies - GSC7

Powers of the VLRC 1. Make law reform recommendations on matters referred to it by the Attorney-General 2. Make recommendations on minor legal issues of general community concern 3. Suggest to the Attorney General that he or she refer a law reform issue to the commission 4. Educate the community on areas of law relevant to the commissions work 5. Monitor and coordinate law reform activity in Victoria Unit 3 Legal Studies - GSC8

Role of the VLRC  Undertake research and make recommendations for change  Develops, monitors and coordinates law reform  Issues are given to them by the Attorney- General  This is called ‘terms of reference’  Can also make recommendations for change not referred to by the Attorney General (Minor Matters/Use minimal resources)  Consult with community and advise ways to improve Victorian law Unit 3 Legal Studies - GSC9

10 Ensures the legal system meets the needs of the Victorian community It is responsive to issues raised by individuals and lobby groups Considers newly emerging rights and responsibilities Consults expert bodies in the area under review Role of the VLRC …cont’d

Ideas for new References  Commission itself comes up with ideas  People lobby the government  Members of parliament suggest on behalf of people in their electorate  Court cases can highlight a problem with the current law  Via the website suggestions can be made Unit 3 Legal Studies - GSC11

General process 1. Undertake research and consultation in an area of law 2. Publish discussion paper which explains issues and asks community questions 3. Invites written submissions from interested individuals or groups 4. Publish a report with recommendations 5. Table the report in the Victorian Parliament 6. Parliament decides whether to implement the recommendations in whole or part Unit 3 Legal Studies - GSC12

The Law reform Process Unit 3 Legal Studies - GSC13 MAKE YOUR OWN FLOWCHART 4002-LRC+Law+Reform+in+Action+Poster_final.pdf

Projects Some of the inquiries/projects carried out by the Commission include:  Defences to Homicide 2001  Sexual Offences 2001  Privacy 2001  Compulsory treatment & care of people with an Intellectual Disability 2001  Family Violence 2002  Assisted reproduction technology & adoption 2007  Abortion 2008  Surveillance in public places 2010  Sex Offenders Registration 2011  Guardianship 2012 Unit 3 Legal Studies - GSC14

Involving the Community Unit 3 Legal Studies - GSC15 The Commission encourages a broad cross section of the Community to become involved in the law, eg: Indigenous Australians People from non-English speaking backgrounds People in rural areas People with disabilities Once a group has been identified as the community who will be affected by the laws under investigation the Commission will meet them to get their input into the project.

Advisory Groups Unit 3 Legal Studies - GSC16 For most projects the Commission will assemble an Advisory group to help guide it in the exploration of the issues. These members are selected because of their expertise in the issues relevant to questions being considered. Eg Youth Affairs Council of Victoria Disability Advisory Council Equal Opportunity Commission of Victoria Victoria Police

Submissions Unit 3 Legal Studies - GSC17 The Commission asks the community to respond to a project through a submission process A submission can be anything from a couple of sentences sent by , a phone conversation, or a written document For widespread and controversial projects there may be forums and workshops organised to gauge public opinion

CASE STUDY Surveillanc e In Public Places ites/default/files/Surveillance_ final_report.pdf Unit 3 Legal Studies - GSC18

Background Government agencies, private organisations and individuals use public place surveillance extensively. Victorians can expect to be observed, recorded and tracked while engaging daily activities in streets, shopping centres and major public venues. The capabilities of surveillance devices are also increasing rapidly. Surveillance devices are able to locate individuals in a crowd, determine identity, track movements, record conversations, and compile and share this information almost instantaneously. As technologies become more sophisticated, so, too, do the applications for which they are used. For example, devices may be used at airports to see through passengers’ clothing, or identify individuals from within hundreds of cars on a freeway. Many groups within our community rely heavily on surveillance technology in their everyday activities, including police, transport operators, retailers, private investigators, sports venues and journalists. Surveillance serves a number of important purposes, including the promotion of public safety, the prevention and investigation of crime, and newsgathering Unit 3 Legal Studies - GSC19

Prior to VLRC Recommendations There is little regulation of the use of surveillance devices in public places. Existing laws are unclear, they have not kept pace with technological change, and they do not appear to be actively enforced. There is a widespread uncertainty among surveillance users and the community about which surveillance activities are permitted in public places. Unit 3 Legal Studies - GSC20

Unit 3 Legal Studies - GSC21 Should this be enough

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Unit 3 Legal Studies - GSC29 SMILE

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Terms of Reference  This report completes a two-stage inquiry into the widespread use of privacy invasive technologies.  The first stage of our inquiry dealt with workplace privacy, while this report deals with the growing use of surveillance in public places.  The specific terms of reference for this project were: Unit 3 Legal Studies - GSC34

Surveillance in Public Places  Whether legislative or other measures are necessary to ensure that there is appropriate control of surveillance, including current emerging methods of surveillance. Unit 3 Legal Studies - GSC35

The Issues  The VLRC sought answers to why surveillance is being used; and how is it controlled  Once it investigates these issues it will decide whether it needs to propose new ways of regulating surveillance Unit 3 Legal Studies - GSC36

Examples of surveillance  CCTV  GPS tracking of vehicles  Listening devices  Number plate recognition  Body imaging eg X-ray machines  Use of cameras in public places/streets/shopping centres  Biometrics eg iris fingerprints, scanning  Monitoring of mobile phones, internet, Unit 3 Legal Studies - GSC37

Where are they used?  Shopping centres  Airports  Private spaces, eg shops  Cinemas  Public transport  Sporting events/venues Unit 3 Legal Studies - GSC38

Who uses them?  Police  Nightclubs  Melbourne City & other Councils  Schools  Public transport  Private investigators  Individuals i.e parents  Stadiums  Journalists  Shopping Centres WHO IS WATCHING YOU?????? Unit 3 Legal Studies - GSC39

Why are they used?  Crime prevention (minor offences)  Crime investigation  Public safety  News gathering  Voyeurism Unit 3 Legal Studies - GSC40

So what’s the problem?  Some groups are affected more than others;  Youth  Homeless  Ethnic minorities  Social groups  Mentally ill  Let us also think of: 7News - Retracing Jill Meagher's final hours  Unit 3 Legal Studies - GSC41

VLRC Recommendations In May 2010 the VLRC delivered its recommendations. The VLRC report contains 33 recommendations for reform. The proposed regulatory model encourages the responsible use of surveillance in public places. It balances this with the protection of individual rights, especially the right to privacy. Unit 3 Legal Studies - GSC42