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Why the law may need to change

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Presentation on theme: "Why the law may need to change"— Presentation transcript:

1 Why the law may need to change

2 Why would the law need to change? Activity:
Think of a school rule that you want changed. What is the rule and what do you think would be the best way to have that rule changed? What obstacles might they confront? What is the best way around those obstacles?

3 If our laws are working well, then we don’t really notice them working…However when laws fail, the consequences can be disastrous and the law needs to change There are a plethora of reasons why the law should change

4 One of the main roles of our parliament is to make laws that reflect the values and needs of society (what’s this called?) These laws must be known, accepted and understood by society, and be able to be enforced by the legal system Therefore it makes sense that our laws should be continuously reviewed and changed in order to meet these goals There are a range of bodies and processes that exist to try and highlight the need for a change in the law, and to facilitate change Some reasons for the law to change are as follows

5 Values change within society
Changing attitudes to morality have been responsible for many changes to laws regulating society. The social, moral, economic and political values of society should be reflected in the law Hence, when there is a change in values, laws should also be changed so they continue to be relevant and accepted by society For example, until the 1960’s, a couple living together who were not married were “living in sin”

6 Current example values change: same sex marriage

7 Current example: values change
For example, the growing acceptance of de facto relationships and same-sex relationships in society led to the passage of the Relationships Act 2008 (Vic). This established a register for the registration of domestic partnerships for people in committed relationships, regardless of gender. These couples are issued with a certificate that recognises their union Rights of same sex couples with children were also extended by the Assisted Reproductive Treatment Act 2008 (Vic). This gives legal recognition to non-birth parents for their partner’s children so same sex couples are able to have both of their names listed as parents on their birth certificate

8 Oscar’s law Due to the horrific rise of puppy farming Oscar’s Law was implemented Oscar was a dog cruelly treated through puppy farming. After his plight was conveyed publically, the government implemented the Domestic Animals Amendment Act 2011 This provides regulation over puppy farming and increases penalties for animal cruelty

9 Did you know In the latter part of the nineteenth century, legislation banned bathing in public between the hours of 6 am and 8 pm. State governments and local councils lifted the bans by the early twentieth century, but bathers had to wear neck-to-knee costumes in the water. The arrival of the bikini after World War II ignited a series of local council bans on beaches all around Australia. Of course, today, the wearing of skimpy bathing costumes barely raises a comment.

10 Economic Circumstances
Governments must respond to changes in economic circumstances to ensure that our economy continues to grow and prosper Governments have regularly had to respond to changes in economic circumstances to ensure continuing economic growth and prosperity. Workplace laws have had to respond to changes in the nature of work, the relationship between employers and employees, and the need for businesses to become more competitive internationally. Governments have legislated to establish enterprise bargaining, so that wages and working conditions can be negotiated within individual businesses. The Fair Work Act 2009 (Cth) is the most recent attempt by government to match workplace laws with changing economic circumstances.

11 Current example – economic circumstances
As part of its response to financial turmoil of the Global Financial Crisis, the Rudd government announced it would legislate to guarantee all bank deposits in 2008

12 Technological Advances
Changes in technology necessitate constant changes in the law as new areas of law or offences develop As this happens there is often a need to regulate the actions of some individuals and groups in order to protect the rights of others For example, the growth of new technologies and internet use in Australia has resulted in internet crime being one of the fastest growing crimes in the world Particularly the emergence of identity crimes – The Crimes Amendment (Identity Crime) Act 2009 was passed to comprehensively criminalise identity crime Further, it allows for victims of identity crime to obtain a court certificate to assist them in remedying the effects of the crime The Assisted Reproductive Treatment Act 2008 (Vic). Was enacted to keep pace with changing technology in the area of IVF and assisted reproduction

13 Political Circumstance
Since the terrorist attacks in the United States on September , the Commonwealth government has passed more than 40 new counter-terrorism laws. This legislative activity has resulted in the creation of many new criminal offences; new powers for police and government security agencies to question and detain people, sometimes without charge; and powers for the government to ban organisations believed to have links with terrorists. While increased security at airports and shipping terminals has been deemed necessary to protect the travelling public, many have argued that the new laws have created restrictions in civil rights and basic freedoms.

14 Interesting fact…current incident
The outbreak of the H1N1 (Swine Flu) virus in saw state and Commonwealth parliaments creating laws rapidly to move the Australian public into different control and containment phases in an attempt to contain the virus. More than 170 people died of the virus across Australia in The parliament, with its ready access to experts, is best placed to make laws quickly. The government also suspended the swine flu vaccination program in 2010 when children became ill after receiving the injection.

15 Significant Incidents

16 Example – Brodie panlock
Sometimes significant events occur that gain so much public exposure for an issue that the parliament has to act to try and prevent similar incidents occurring in the future In 2006 Brodie Panlock, a 19 year old waitress at a Hawthorn café, committed suicide It was deemed that Brodie had died as a result of work place bullying, and the law had to be reformed so the perpetrators could be given custodial sentences In August 2011 a four-year-old girl was mauled to death by a bull terrier cross that had run into her home in St Albans, Victoria. Within two weeks the state parliament had passed the Domestic Animals Amendment (Restricted Breeds) Act 2011 (Vic.), which obliged the owners of dangerous breeds of dog to register their dogs with local councils, and gave councils to power to destroy unregistered dogs of those breeds.

17 Following a fatal attack on a four-year-old girl, laws in Victoria controlling the ownership of dangerous dogs were changed by parliament within two weeks. The Domestic Animals Amendment Act changes the penalty for owning a restricted breed that kills from a fine to up to 10 years imprisonment

18 Protection of the community
An important role of the legal system is to protect the community Therefore, if a new harm becomes apparent or an existing harm intensifies, the law will need to change to meet this new threat and continue protecting society Example: concerns regarding the protection of the community (particularly children) from serious sex offenders have resulted in a number of acts being passed . The Serious Sex Offenders (Detention and Supervision) Act (VIC) states that its purpose is to ‘enhance protection of the community by requiring offenders who have served custodial sentences for certain sex offences and who present as an unacceptable risk of harm to the community be subject to ongoing detention and supervision’. The Crimes Amendment Grooming Act 2014 was passed to protect children from individuals seeking to groom children for sexual purposes

19 More examples Corrections Amendment (Parole Reform) Act 2013 stating strict guidelines for a convicted person to be granted parole preventable-victorian-coroner-finds gp5y0w.html Tobacco Amendment Act (2009) put into place to prohibit the danger of smoking with children in the car “No jab, no pay” 2015 for vaccinations

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21 It is important… That you know up to date examples. Vague or non- contemporary examples will not be good enough in your exam. Choose several reasons as to why the law should change, and learn a recent example of each.

22 Exam question With the use of examples, explain two reasons why the law may need to be changed (4 marks)

23 One reason why the law may need to change is due to the ever changing values and morals within our society. As our political, economical and social values develop and change over time, the law must adapt to keep up with these changes, and continue to reflect society’s wants. An example of this is the changing attitude toward de-facto and same sex marriages. As these relationships are widely accepted within society, the Relationships Act 2008 (VIC) was passed to allow for a register acknowledging these unions regardless of gender, therefore reflecting the changing value within society.

24 Another reason the law may need to change is due to…

25 Another reason why the law may need to change is due to technological advancements. Changes in technology necessitate constant changes in the law as new areas of law or offences develop. For example the evolution of the internet has meant that safety for children has become an issue in regards to child pornography. The introduction of the Enhancing Online Safety for Children Bill 2014 (VIC) has maintained safety on the internet and has further criminalized child pornography and gives sanctions for those who are involved in this crime. Therefore these are two reasons why the law should change.

26 1.5 1.) In your own words, identify and explain four reasons why laws may need to change. 2.) Outline one example of legislative change that has occurred for each of the four reasons discussed in question 1. 5.) Why is it so important that the law keeps pace with international events? What might occur if our parliaments were not responsive? 6.) ‘Parliament is well placed to address concerns as they arise. The community relies on our law-makers to act quickly to ensure social cohesion.’ Discuss this statement in relation to the following: anti-terrorism laws environment protection laws relating to the dumping of hazardous waste such as toxic chemicals into rivers and streams laws relating to underage purchasing and consumption of alcohol.


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