UNIT 3 LAW MAKING CHAPTER 2 LAW MAKING THROUGH PARLIAMENT Part (ii) VCE Legal Studies Peter F Hughes © School 2012

Victorian Law Reform Commission page 57  VLRC  Law reform body  Informs the State and Commonwealth about society’s views.  Make recommendations on law changes.  Governments may request the VLRC to investigate certain legal matters.  VLRC funded by Vic Govt.

Victorian Law Reform Commission page 57 ROLE OF THE VLRC  Research on issues referred by state Attorney General  Called a REFERENCE  May recommend minor changes to the law without a reference from Attorney General.

VLRC  RESEARCH – community meetings  RESEARCH – Law reform projects  ADVISE – Attorney General on areas of law that may need investigation  EDUCATE – community receives advice on law changes and their implementation  Monitors law reform in Victoria and works with other law reform bodies.

VLRC How effective is it?? MAIN ROLE Ensure the law meets the communities needs in Victoria. Listens to lobby groups. Considers rights and responsibilities that are changing. Parliament is constantly using information from the VLRC in its consideration of legislation and ammendments.

Processes used by the VLRC (after receiving a reference)  Consulting with organisations and getting expert advice  Publish a discussion paper  Obtain written public submissions (legal bodies, public, individuals)  Consultation process  Obtain expert advice

Processes used by the VLRC (after receiving a reference)  Publish a report  Take the report to Victorian Parliament  Handouts from the VLRC

Victorian Law Reform Commission How effective is it? Strengths  Investigations directed by the Government.  Government likely to act on this advice.  A good way to gather public opinion. Weaknesses  Directed to issues by Govt or minor issues it looks at itself.  Govt is not obliged to follow investigations

Petitions Do they work???? Strengths  Can indicate a high degree of support if there are lots of signatures and who signed them.  The public can become aware of the issue by seeing the petitions. Weaknesses  Too many petitions are given to parliament  Difficult to obtain a lot of signatures

Demonstrations How effective are they???? Strengths  Media reports on high profile demonstrations  Public can become influenced by the media.  Politicians represent the people and also monitor media. Weaknesses  Unlikely to be effective without ongoing media and public support.  Public may not agree

The Media How effective is there reporting??? Strengths  Certain issues that receive large amounts of coverage can generate support for that cause.  Can affect a change in the law Weaknesses  The public may not be behind these issues  Might actually show there are conflicting opinions on the issue.

Question 2008 VCAA Exam Sally has become an Australian citizen and is interested in learning more about the Australian legal system. She is particularly interested in ways laws are changed. Identify and explain one way in which Sally can participate in influencing a change in the law? 2 marks ( take 4 minutes)

Revision Learning activity 2.5 Number 4 page 63

The Legislation Process Initiation of Legislation  Law making is the main role of Parliament  This includes amendments to existing legislation  The legislative process begins with the government looking at a change or introduction in the law.  Can initiate from the people, media, VLRC etc

The Legislative Process Government Departments  Review existing laws  Examine changes that may be needed eg Insulation scheme in homes - subsidy Solar electricity in homes – rebate or scheme

Cabinet and Minister’s role Cabinet  Their meetings are decision making events on proposed legislation, policy and amendments to law.  Many bills come up but few are carried through the extensive process of law making.  Cabinet decides which.  Their majority in both house may influence what will be brought before parliament.

Parliamentary Committees Investigate matters and report back to Parliament. Which senate committee do we know a lot about???? These committees save parliament time in investigating areas where the law may need changing. Photo: Hepburn community wind turbine

Drafting Legislation  Parliamentary Counsel = Lawyer that drafts legislation for the cabinet. = Cabinet instruct the lawyer on purpose and extent of the law. Remember!! Current Labor Government did this with the ‘Malaysian Solution’ for asylum seekers. However, this legislation was tested in the High Court and found not to be within the Constitution.

Drafting Legislation When laws fail to pass the High Court test: Embarrassing for Govt. Voters may feel confused. Parliamentary Counsel has done a poor job drafting the legislation.

Drafting Legislation Parliamentary Counsel’s role (lawyer)  Examines constitutional implications of the bill.  Discussion with relevant dept and minister  Looks at policy implementation.  Drafts the bill  Govt considers the bill in draft form  Copies to PM, Cabinet, Dept of Finance  AND… ensure legislation is legally effective.

Other problems in drafting legislation  Poorly drafted legislation  Cannot foresee problems in the future  Technical mistakes in the draft Handout: Commercial Trawlers lobby to move Coral Sea marine reserve border. Courier Mail

Revision 1. What is the main Role of Parliament? 2. How do committees participate in the legislative process? 3. Explain the responsibilities of ministers in the law making process. (with an example) 4. Describe 2 problems that may arise with the drafting process.