Legal Studies Unit 4 AOS#2 Exam Revision

Parliamentary committees have an important role in investigating specific issues, policies and legal matters, reviewing existing law and reporting their findings and recommendations for law reform to the parliament. They also play a vital role in ensuring that bills do not breach or impose on our basic rights and freedoms and making sure the government is provided with independent advice and recommendations for law change. One problem however, is that, like the VLRC, parliamentary committees only have the power to investigate issues within their specific terms of reference and the government and parliament are under no compulsion to adopt their advice or final recommendations. Likewise, parliamentary committees can be costly and time-consuming although, unlike the VLRC, they have the power to request that specific individuals and representatives of organisations appear at hearings to give evidence and answer questions, which enables them to gain extensive and valuable information for their consideration.

Ability of parliamentary committees to influence law reform

Technology is constantly improving and opening up possibilities that have not previously been imagined. As it improves, our laws need to be altered and updated. Some laws will control and regulate new inventions and opportunities. Others will reduce the likelihood of people being harmed or exploited. For example, the increasing range and use of mobile devices and equipment (e.g. laptops, smart phones, smart watches and drones) have created new problems that the law needs to address. These include cyber-bullying, cyber-stalking, identity theft, online scams, invasion of privacy and noise pollution caused by remotely piloted aircraft. Technology also makes it easier to pass on private information, creating a need to protect the privacy of financial and medical records. Law reform has occurred at both state and Commonwealth level, for example, in the Health Records Act 2001 (Vic) and the Privacy Act 1988 (Cth). Scientific and medical advancements also create the need for law reform. For example, the Human Genome Profit, completed in 2003, dramatically increased genetic knowledge. Whole new areas of research opened up, but they created new areas of uncertainty in law. Who owns our genes? Who can share our genetic information? Can genes be patented (a monopoly given to an investor)? Gene patenting has a bearing on the detection and treatment of a vast range of illnesses and medical conditions and must be adequately regulated. Genetic testing companies must also be regulated to ensure an individual's genetic information remains private and not sold to third parties such as prospective employers and health insurance companies. Patent law is a Commonwealth area of responsibility. The Patents Act 1990 (Cth) is the main Act which governs the law related to patents.

Advances in technology

In any society, values and attitudes may change over time. If the law is to remain relevant and acceptable to the majority of people, it must keep up with - and reflect - these changes. On the other hand, rapid changes to the law, which impose change before the community is ready to accept it, may be met with resistance. While most people in our community are generally law-abiding citizens, they will be reluctant to believe in, and obey, laws that do not reflect their basic beliefs and standards. Sometimes community values change as knowledge increases and society becomes more educated and aware. For example, community views on the banning of cannabis have changed over time as the benefits of using small amounts of marijuana to relieve severe pain have become more widely known. As a result, Victorian laws have been changed to allow the use of medical cannabis to treat certain types of severe illnesses such as multiple sclerosis and epilepsy. Likewise, as society has become more aware of health risks associated with smoking, our attitudes towards smoking and the tobacco industry have changed. A range of anti-smoking laws have been introduced throughout Australia. In 2007, Victoria's law was changed to prohibit smoking in an enclosed public place (restaurants and office buildings). Changing a law because of changing values, beliefs or views can, however, result in another problem that requires additional law reform. For example, when smoking was banned inside public buildings, workers who smoked would go outside for a cigarette and hang round the doorways, creating clouds of smoke for others to walk through. The Tobacco Amendment Act 2016 (Vic) made further amendments to the laws. Smoking in certain outdoor dining areas is prohibited, and the sale, promotion and use of e-cigarettes and products are now regulated. The price paid by individuals to achieve these laws is a loss of personal freedom to smoke anywhere they like. However, the restrictions were for the greater good of society. At first some smokers complained, but people have adjusted to the new laws. In this way changes in the law can encourage further changes in values.

Changes in beliefs, values and attitudes

Law reform is a process that never ends. Our laws need to be continually reformed to make sure they remain relevant and keep up with changes that occur as a result of changing social, economic and political circumstances. Each of these is discussed below.

Changes in social, economic and political conditions

Australia's economy is continually changing. In particular, technology and globalisation create issues that need to be addressed by the law. Governments need to monitor and change the laws that regulate buying, selling and production of goods and services across different areas of the economy such as banking and finance, mining, manufacturing and agriculture. Sometimes two or more largely unrelated trends interact to create a law issue that requires law reform. For example, changes in the workforce (e.g. an increase in part-time and casual employment) and consumer trends (e.g. online shopping) necessitate changes in law in both areas. In this case, that includes changing laws relating, that includes changing laws relating to industrial relations (i.e. wages and workplace conditions), consumer protection and banking (e.g. enforcement of guarantees and credit care laws) and international trading (e.g. the regulation of imports and exports). For example, in 2016 the Competition and Consumer Amendment (Country of Origin) Act 2017 (Cth) improved Australia's consumer laws. The Act simplified the test used to justify claims that products are 'made in' a particular country (e.g. labelled made as 'Made in Australia'). Similarly, the Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2016 (Vic) changed the law to require fast food outlets to state the kilojoule (i.e. energy) content of each item on their menu at the point of sale. Supermarkets must also label pre-prepared 'ready to eat' and unpackaged food items.

Changing economic conditions

Changing domestic circumstances (within Australia) as well as international circumstances or global events often influence law reform. One is the threat of terrorist attacks throughout the world. Another is international conflict: local wars cause a rise in the level of global refugees. The federal government monitors both so it can alter our anti-terrorism and migration laws if necessary. The recent trend has been to make these laws increasingly harsh.

Changing political conditions

As Australia's population grows and changes, it is inevitable that some laws will need to change to ensure we can all live together peacefully and maintain our basic standard of living. Expected changes to our social structure over the next 35 include that our population will reach 40 million by 2055 and that the average life expectancy of a baby born during that year will be to live to their mid-nineties. This has implications for law reform in many areas including health care, taxation, welfare payments (including the aged pensions) and the environment. An increasing population can lead to increased crime and the need for improved law enforcement infrastructure or agencies (including the police, courts and prisons) and more effective procedures within those agencies. Some examples of other social changes that have prompted law reform include: - Increases in reported domestic violence. - Binge drinking. - Gang-related crime. - Online gambling. - The obesity epidemic.

Changing social conditions

This can occur when a court makes a ruling which then generates community controversy, or highlights a problem that requires parliament's intervention. This occurred in a case that involved what ultimately became known as 'Brodie's Law'.

Courts can highlight a problem and raise community awareness about the need for change

If an individual party is willing to try and influence a change in the law by undertaking court action, judges can establish law in areas where non exist and change the meaning of existing laws through statutory interpretation. However, with the exception of High Court rulings in constitutional disputes, parliament can always pass legislation to override a court decision. Judges in superior courts may be reluctant to change the law (by overruling and reversing existing precedents or broadly interpreting legislation), preferring to leave the law-making parliament. For example, as mentioned in Chapter 13, in the Trigwell case (State Government Insurance Commission v Trigwell (1978) 142 CLR 617) the High Court preferred not to overrule an earlier precedent set by the Supreme Court of Appeal to make landowners responsible for their livestock (animals) that stray onto highways causing road accidents, stating the law should be changed by the parliament. While courts can play a role in influencing changes in the law through the ability of higher courts to change existing precedents and interpret the meaning of legislation, their ability to do so is limited because courts can only change the law when a case is brought before them and in relation to the issues involved in that case. This is reliant on individuals and organisations being willing to undertake costly, time-consuming and often stressful court action and pursue the appeals with no guarantee of a successful outcome. However, even if a court challenge is unsuccessful it may gain significant media coverage and help increase awareness of the possible need to change a law.

Courts can make law where none exists, and interpret legislation

Domestic committees are parliamentary committees appointed to specifically examine issues and matters that relate to the internal operations and practices of parliament, including administrative and procedural matters. They are made up of members of one house. For example, the Legislative Assembly has a Privileges Committee that meets when required to investigate complaints relating to breaches of parliamentary privilege in the lower house of the Victorian Parliament. Similarly, the Commonwealth Parliament has a range of domestic committees such as the House of Representatives Appropriations and Administration Committee, which considers matters relating to funding the operation of the Department of the House of Representatives;

Domestic committees

Demonstrations are a gathering of a group of people to protest or express common concern or dissatisfaction with an existing law as a means of influencing law reform. One of the common ways individuals in our community can influence a change in the law is by organising or participating in a public demonstration. Demonstrations are most effective when large numbers of people rally in support. This means they rely on being supported by a large amount of interested individuals or a focused pressure (or protest group). Pressure groups are a group of people who have a common interest in trying to influence changes in the law. Demonstrations (also referred to as protests or rallies) occur when a group of people gather together to express their common concern or dissatisfaction with an existing law. It can be an effective way for individuals and pressure groups to influence law reform by alerting the government to the need for a change in the law. They can also raise awareness of the need for legislative change within the community, which generates further support for the change. To be effective, however, demonstrations need to attract large numbers of people and positive media coverage, as members of parliament are more likely to implement law reform that has significant support. They are also more likely to associate themselves with positive campaigns that may increase their popularity with voters, rather than ones that cause conflict, public inconvenience or violence. Demonstrations can take different forms, but they all aim to bring an issue to the attention of the community and the law-makers with the objective of influencing a change in the law. Examples of recent demonstrations include: - Australia Day demonstrations. - Taxi industry demonstrations. Penalty rates demonstrations.

Demonstrations

More recently, e-petitions (often called digital petitions) have become a popular way for individuals to raise awareness and express their desire for change. The Commonwealth Parliament and some state parliaments have introduced this reform and now accept both paper and e-petitions. At a federal level, the House of Representatives started to accept e-petitions in 2016. The Senate makes no distinction between paper and digital petitions. However, if signatures have been collected by e-mail, problems with multiple forwarding and comments in emails can lead to an incorrectly presented petition. The Senate recommends placing the text of the petition on an internet page and inviting people to sign by submitting their names and e-mail addresses. In Victoria in November 2016, a committee of the Legislative Council proposed to introduce e-petitions. A new Standing Order 10.10 came into effect after a pilot system was run on the Legislative Council page of the Parliament of Victoria website. Petitions may only be presented to the Council by a member of the Legislative Council. Like petitions to the Commonwealth parliament, any number of people may sign. Members of the public can view a list of current petitions and add their signatures. This may help e-petitions gain larger numbers of signatures than paper petitions. Petitions may be in relation to an issue of general interest (e.g. to prevent logging of certain forests or euthanasia in limited circumstances) or an issue relevant to a small group of people (e.g. he need for a supervised school crossing in a local area). Each year the parliament may also be presented with a number of petitions of the same subject.

E-petitions

Sometimes law-makers change the law to encourage a change in society's values. The Charter of Human Rights and Responsibilities Act 2006 (Vic) seeks to educate on rights and tolerance, generate respect for diversity, and promote understanding of the balance between rights and responsibilities. The Charter gives legislative protection for 21 separate human rights for Victorians, and sets out the responsibilities of governments, organisations an citizens in the general community. The law-makers have also encouraged a change in values in relation to discrimination by passing the Sentencing Amendment (Historical Homosexual and Convictions Expungement) Act 2014 (Vic). This Act makes it unlawful to discriminate against a person on the grounds that they were once convicted under old laws that banned homosexuality, with a penalty of up to 20 years imprisonment. South Australia was the first state to decriminalise homosexual acts, and Victoria followed in 1980. Over recent years both Commonwealth and State governments have also tried to change values and attitudes towards domestic violence. They have introduced a range of laws to increase awareness of the harmful effects, and reduce the incidence, of domestic violence (violence within families).

Encouraging change in society's values

Royal commissions can be established at both the state and Commonwealth level. The power to establish a royal commission is provided by statute. At the Commonwealth level, the power to issue a royal commission is given to the governor-general through the Royal Commissions Act 1902 (Cth). At the Victorian level, the power to establish a royal commission is given to the governor under the Inquiries Act 2014 (Vic). Royal commissions are therefore set up by the executive branch of government (the governor-general at a federal level and the governor at a state level on behalf of the queen). However, the Queen's representative acts on the advice of the government ministers. Therefore, in reality, it is the government that initiates a royal commission in response to a major issue of public interest or concern. For example, in 2013 the then Governor-General, Her Excellency Quentin Bryce, established the Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse on the advice of the Federal Government to investigate sexual abuse of children within Australian institutions including schools, childcare, religious and sporting organisations. In addition to advising the Governor-General or governor on the establishment of a royal commission the government also provides funding for royal commissions and determines their terms of reference and length.

Establishment of a royal commission

Over the last 30 years the law relating to equal opportunity has changed a number of times to protect individuals from discrimination. The laws make it unlawful to discriminate a person on a range of grounds such as on the basis of age, gender, impairment, pregnancy or race. However, law reform in this area can be slow and controversial. For example, in 2016 the Victorian Government's attempt to change the Equal Opportunity Act 2010 (Vic) to remove the exemption that allows for religious organisations (schools) to discriminate against prospective employees on the grounds of their religious beliefs, sexual orientation or gender identity was defeated in the Victorian Parliament (in the Legislative Council).

Greater awareness of the need to protect rights

Law reform must continually occur to make sure individuals and different groups within our community are protected and feel safe. One of the major roles of the law is protect individuals from harm. 'Harm' can include physical harm (broken bones from violent assault), emotional harm (the destruction of self-esteem and depression that can come from bullying, sexual harassment or neglect) or economic harm or financial damage (exploitation through unfair workplace and trading practices). Some people within our community also have specific needs and rights that must be protected, especially if they are unable to protect themselves (children, powerless workers, consumers, people with disabilities, and those who may suffer discrimination on the basis of their race, religion, gender or sexuality). Even animals and the environment need protection. Laws are therefore needed to make unlawful those actions that may harm individual members of the community, specific groups within our community, and the community as a whole. As new situations arise, new laws are required. For example, in 2016 the Crimes Amendment (Carjacking and Home Invasion) Act 2016 (Vic) introduced new carjacking and home invasion laws, including more severe penalties for offenders. These laws were to help protect the community after a dramatic increase in those crimes.

Greater need for protection of the community

For a law to be effective it must be easily understood by all members of the community. Sometimes laws are complex and contain 'legal jargon' or specific terminology that cannot be understood by ordinary members of the community. These laws may need to be simplified or rewritten in plain English to be more accessible to people who have no legal training. Some laws lack depth at the time they are written (if they were rushed through the parliament) and need to be changed to provide greater detail and clarity. Governments also undertake law reform to ensure laws are consistent throughout a state or nation. For example, in 2015 a new law, the Legal Profession Uniform Application Act 2014, was adopted in Victoria and New South Wales in an attempt to have more consistency within the legal profession between the two states. Among other things, the law requires lawyers to make sure certain clients reasonably understand any legal action they suggest, and the estimated cost of taking the action.

Greater need to clarify, simplify or expand unclear law

As people become better educated about the law and their rights, they are more likely to want to seek justice if they believe their rights have been infringed. To take a matter to court is expensive and can be intimidating. To assist people in their efforts to seek a just resolution to disputes that arise, the law has been changed to provide more effective access to the law. For example, the Courts and Sentencing Legislation Amendment Act 2012 (Vic) created a Melbourne County Koori Court for the sentencing of Indigenous offenders in specific circumstances to improve their access to a more fair and culturally relevant justice. More recently, in 2016, a County Koori Court was established in Mildura. In civil cases the courts have shown a continued commitment to address the problems of access to justice and delay. For example, in 2016 the Victorian Department of Justice and Regulation completed an Access to Justice Review. The report made 60 recommendations for change to improve access to justice for all Victorians including members of our Aboriginal and Torres Strait Islanders community who need specific support and services to make sure they can engage with the criminal justice system and receive a fair and just outcome. Possible reforms to improve access included: - Developing a self-representation service to assist people who are not represented by lawyers. - Improving the availability of interpreters within the court system and at VCAT. - Developing and online system for the resolution of small civil claims. In May 2017, the Victorian Government announced that it accepted a vast majority of the recommendations and proposed funding to implement many of them.

Greater need to provide improved access to the law

Individuals can be instrumental in bringing about a change in the law by taking a matter to court. In taking the case to court, they will usually be trying to prove their own claim rather than trying to change the law, but if an unclear point of law is clarified or established in the process, then their case has played a part. If the parliament has passed a law that is unclear or unfair, the legislation can be challenged through the court system in the hope that a judge will interpret and clarify the meaning of the law in their favour. However, with the exception of the High Court rulings in constitutional disputes, parliament can always pass legislation to override a court decision. The role of the courts in influencing a change in the law can also be limited in other ways. First, they can influence a change if a case comes before them. Second, they can only rule on the issues directly involved in that case. Finally, the courts can only decide a point of law or case when people are prepared to challenge existing law in the courts. People can be deterred or put off taking a case to court by the high costs involved (e.g. the cost of engaging legal representation), the amount of time the case may take and the uncertainty of the outcome. They must also have standing to be able to initiate a court action. The case of the NSW Registrar of Births, Deaths and Marriages v Norrie (2014) 250 CLR 490 is an example of an individual trying to influence change by challenging a law in the courts. Individuals may also challenge an existing law in the hope that a judge might rule that it has been made ultra vires or beyond the power of the parliament and declared invalid. They may also challenge actions taken by government employees that breach human rights. For example, the placement of children into adult prisons in Victoria has resulted in a number of court challenges. As well as deciding on the case, judges can make suggestions that a law needs to be changed.

Individuals influencing law reform through the courts

The media, both traditional and social, can be effective in influencing law reform. Newspapers, television, radio and social media platforms provide a vital way for individuals, organisations and pressure groups to gain community support for their desired law reform to attract the attention of a parliamentarian. Law-makers themselves, particularly parliamentarians and government departments and bodies, also often monitor traditional and social media coverage to gauge or measure public opinion and public responses to recent and proposed law reform. Most parliamentarians and political parties also have websites and social media accounts. They use them to communicate with the public, and influence change. In fact the dramatic rise of the use of social media platforms over the last decade has increased people's ability to become informed about legal issues and possible law reform. However, one problem with the media, particularly social media, over recent years is that information is presented in a more visual manner, which can portray complex legal issues in a simplistic way. This means individuals may make decisions about law reform without having a basic understanding of the issue involved. Social media platforms (such as Facebook and Twitter) are highly visual and can include graphic images an live streams that evoke emotional responses based on limited facts and knowledge. Likewise, people who place information, opinions, images and videos on social media do not generally follow codes of ethics that are subscribed to by many reputable traditional media organisations and journalists. Therefore, much information on social media may not be accurate or authenticated. Excessive exposure to graphic or vivid images, both in the social and traditional media, may also cause people to feel overwhelmed and become desensitised to social, political and legal injustices.

Is the media effective in influencing law reform?

As a royal commission is a temporary form of inquiry, and can be expensive, they are established on an ad-hoc basis and look into matters of significant importance, and often matters surrounded by controversy. The Queen's representative must first issue a letters patent. The letters patent will specify the person or persons who are appointed to constitute the royal commission, as well as which of those persons (if there is more than one) will chair the royal commission. The letters patent must also specify a time by which the royal commission is to report on its inquiry and the terms of reference. The chairperson of the royal commission will then engage people to assist the royal commission.

Issuing a royal commission

Joint investigatory are parliamentary committees that are appointed each parliamentary term to examine a range of different issues or matters. They are, as the name suggests, made up of members of parliament from both houses. In Victoria a number of joint investigatory committees are appointed under the Parliamentary Committees Act 1968 (Vic). Joint committees are usually longstanding committees (i.e. standing committees) that investigate issues on behalf of parliament. They can also be select committees to investigate a particular issue. Examples of joint investigatory committees of the Victorian Parliament include the: - Scrutiny of Acts and Regulations Committee. - Law Reform, Road and Community Safety Committee. - Environment, Natural Resources and Regional Development Committee. Economic, Education, Jobs and Skills Committee.

Joint investigatory committees

While parliaments is the supreme law-making body and can pass legislation to override or abrogate court-made law, the courts can respond to the need for law reform by declaring legislation invalid if it has been made ultra vires or beyond the law-making powers of parliament. However, the courts must wait for the relevant legislation to be challenged in the courts. For example, in resolving constitutional disputes, the High Court could determine that the Commonwealth Parliament has legislated outside its specific law-making powers and declare such legislation invalid. It can similarly declare government policy to be unconstitutional if it is consistent with existing legislation. This occurred in the case known as the Malaysian Solution case where the High Court ruled that an executive (government) decision to send asylum seekers to Malaysia was invalid because it was inconsistent with the Migration Act.

Judges can declare law invalid if it was made ultra vires

Judges are politically independent and may be more willing to make a 'controversial' ruling that changes the law than members of parliament who may fear electoral backlash (i.e. loss of voter support). For example, the High Court's decision in the Mabo case (Mabo v Queensland (No 2) (1992) 185 CLR 1) recognising limited land rights for Indigenous Australians established a new area of law that was later enshrined in the Native Title Act 1993 (Cth) by the Australian Parliament. However, judges still need to wait for a case to come before them to be able to make a ruling. Even if a case is brought before them, judges are restrained by considering the legal issues in dispute. See for example, the case of Commonwealth v Australian Capital Territory (2013) HCA 55 (12 December 2013). In that case, the High Court could not make any legal determination on whether same-sex marriage ought to be allowed in Australia. Rather, it was limited to legal issues that it has been asked to consider.

Judges make decisions without fear the loss of voter support

Every page of a paper petition must contain the same information (what is being sought, and the circumstances), and the signatures must be original. Each house of parliament has different requirements and procedures regard the format and tabling of petitions. Traditionally, all Australian parliaments only accepted paper petitions. The Legislative Assembly of Victoria still only accepts paper petitions.

Paper petitions

Parliament has the ability to respond to the need for law reform relatively quickly, especially compared to the courts, because they do not have to wait for a conflict to arise or an issue to be brought before them before initiating a change in the law and can change the law in anticipation of future needs. Parliament can also delegate its law-making powers to subordinate authorities (like local councils, government departments, statutory authorities such as Australia Post and the Australian Broadcasting Corporation Board) to make rules and regulations on their behalf, referred to as secondary legislation (or delegated legislation). Other than local councils, however, subordinate authorities are not elected bodies and as such may not have the desire to listen to the views of their community and implement law reforms that reflect the community needs as elected members of parliament do. Furthermore, subordinate authorities may not feel the compulsion to consult with members of their communities about the need to change the law or discuss and debate proposed changes to rules and regulations. The process of changing a law through parliament is very time-consuming because a proposal for change must pass through several stages of discussion and debate in both houses of parliament and parliamentary sitting days are limited. For example, in 2016 the House of Representatives and the Senate generally only sat for 42 and 51 days respectively. For example, it can be difficult for the government of the day to implement changes in the law if they do not have a majority of support in the upper house of parliament (a situation referred to as a hostile upper house) as the opposition and crossbench has the power to block their proposed law changes or force amendments to original proposals. Similarly, a minority government (i.e. a government that does not have a majority in the lower house and relies on support of members of the crossbench to get bills passed) may also have difficulty implementing their law reform agenda and be forced to amend their policies in an attempt to gain the vital support of independent members and minor parties. Finally, sometimes the need to change the law can occur so rapidly that it can be difficult for the government of the day to keep up with the need for changes in the law. For example, science, technology and medical advancements take place at such a rapid pace that governments cannot investigate the need for change in the law and gather community opinions quick enough to keep pace with the change. Subordinate authorities, like local councils, are often more assessable to the general public than parliament and are more able to accurately measure the need for law reform in local communities and with regard to confined issues. They also may have more localised and specialised expertise in specific areas or fields and can more effectively make and change the laws in their particular fields. Other factors that can inhibit the speed with which parliament can respond to the need for change in the law including the composition of parliament, the limited number of sitting days and the urgent need for law reform in some cases.

Parliament can respond quickly

Another reason why parliament is effectively able to respond to the need for law reform is because is able to thoroughly investigate the need for a change in the law, and measure public support for any proposed change. It can also investigate and change whole areas of law. For example, both the state and Commonwealth parliaments have the ability to initiate royal commissions and have an extensive committee system that allows for parliamentary committees to be set up to investigate issues and areas of potential law reform. These investigatory bodies are to obtain community input on the need for law reform through a variety of measures including public hearings, consultation meetings and written submissions in response to discussion or issues papers. Furthermore, as committees are usually made up of members of the government, opposition and the crossbench, their findings usually have bipartisan support (i.e. support of both major parties). One problem with parliamentary inquires and royal commissions, however, is that their investigations can be very time-consuming (for example, may take years) and parliament is not compelled to adopt any of their recommendations. Parliaments also have the ability to obtain recommendations from independent law reform bodies (like the VLRC) to investigate, report and make recommendations for changes to the law and has the ability to listen to and be influenced by people who elected it, to determine whether or not law reform is necessary. For example, individuals and pressure groups can use petitions, demonstrations and commentary in traditional and social media to influence the parliament to implement a change in the law.

Parliament is able to investigate the need for law reform

One of the main strengths of the state and Commonwealth parliaments is that they are supreme law-making bodies, with the power to make and change any law within their own jurisdiction or area of law-making power. This notion that parliament is a supreme law-making body is also sometimes referred to as sovereignty of parliament, and means that the parliaments have overriding authority when exercising the law-making powers given to them. Parliaments are not bound by previous Acts of Parliaments and can change or amend existing law whenever the need arises. Furthermore, while courts can change the meaning of law through their interpretation of the words in an Act of Parliament, parliaments can abrogate or cancel law made by courts (except for decisions made by the High Court in relation to constitutional matters), or pass a statute to reinforce (codify) court-made law. However, parliament is not able to change law if it considered to be ultra vires or outside their law-making powers. The state and Commonwealth parliaments are elected by the people to make laws on their behalf. As such, the parliaments have an ability and responsibility to change the law so that it reflects the changing views, values and needs of people. However, members of parliament may be reluctant to respond to demands to change the law in situations where there are conflicting community views on an issue or they fear losing voter support. For example, state parliaments have generally been reluctant to introduce controversial laws allowing people the right to make end-of-life decisions (euthanasia) despite opinion polls suggesting the reform has the support of the majority of people. This reluctance may be due to members of parliament fearing they may lose the electoral support of a vocal minority or being unwilling to vote against their party's policy stance. Similarly, because elections are held every three (federal) or four years (state) years, members of parliament can be reluctant to support changes in the law in situations where the benefits of the law reform will not be seen by the voters for many years. For example, the benefits of changing the law to encourage more environmentally sustainable forms of energy of mineral exploration may take many years to be quantified and evident to voters, which may not necessarily help members of parliament win or retain their seats at a forthcoming election. The ability of parliament to respond to need the for law reform may also be diminished by financial or budget restrictions. For example, implementing law reform to improve the conditions in youth and asylum seeker detention centres or provide more support for peoples affected by or at risk of family violence can be very costly and, as with all spending involve an opportunity cost (i.e. spending money in one area surrenders the ability to spend it in another area). Parliament has the ability to respond to the need for law reform because: - It is an elected and supreme law-making authority with extensive power to make and change the law on behalf the people. - It can thoroughly investigate the need for a change in the law, including investigating and changing whole areas of law. - It can respond relatively quickly to the needs and demands of the community.

Parliament is an elected and supreme law-making authority

As we have learnt, Australia's Parliamentary system is based on various principles, and works in a way to ensure our federal and state parliaments can effectively perform their main role, i.e. to make and change the law. For example, our parliamentary system is based on the principle of representative government, which ensures that our members of parliaments make laws on behalf of the voters and which reflect the prevailing views and values of the majority of society (or they risk not being re-elected). Likewise, having a bicameral system of parliament ensures that any proposed change to the law (i.e. bills) and thoroughly discussed and debated by both houses of parliament before becoming law. Another important feature of the Australian parliamentary system is that it includes a committee system, meaning the federal and state parliaments have an extensive range of committees that can investigate a wide range of legal, social and political issues and concerns and report back to the parliament about the need for law reform. Committee system is a system used by federal and state parliaments in Australia that involves the use of separate working parties (i.e. committees) to investigate a wide range of legal, social and political issues and report back to parliament about the need for law reform.

Parliamentary committees

A petition is a formal, written request to the government to take some action or implement some law reform. People in our community can influence a change in the law in many ways. One of the common ways individuals can try and raise awareness of the need for law reform and influence change is by starting or signing a petition. Petitions are most effective when large numbers of people sign it. This means they rely on being supported by a large amount of interested individuals. A single individual with a grievance or an idea for reform would do better taking the problem to a member of parliament, or making a claim through a body such as a tribunal. A petition is a formal, written request to the parliament for action in relation to a particular law that is in need of reform. It usually has a collection of signatures on it, which have been gathered from supporters, but even a single individual can petition the parliament. There is no minimum number of signatures. Once the organisers feel that a petition has a satisfactory number of signatures, they forward it to a local member of parliament to table (present) at the next sitting of parliament. This is the only way an individual or pressure group can directly put their concerns or complaints before the parliament. Petitions can be presented in two different formats: - Print petitions, traditional paper petitions collected in person and signed with physical signatures. - Digital petitions, e-petitions (or online petitions) collected online and signed using email addresses or digital signatures. A petition will appear more representative of the community if it signed by as many people as possible, as this will show a high level of support for the suggested change in the law. This is important because members of parliament, in accordance with the principle of representative government, aim to make laws that reflect the views and values of the majority of people rather than a few individuals.

Petitions

Processes used by parliamentary committees: While there are different types of parliamentary committees, with each performing specific tasks and functions, most committees have similar processes and procedures. In general, parliamentary committees follow the follow process: - First, when parliament decides to have a committee investigate a particular issue or matter, the committee will be given terms of reference which specify the precise purpose of the inquiry, the specific issues that must be investigated and the date by which the final report be completed. - Once the terms of reference are established the committee often uses the media to publicise their investigations and seek input, via written submissions, from interested individuals, experts, groups and organisations within the community. This includes advertising in the traditional media like newspapers, and using the internet and social media. - Committees will also usually hold formal public (or on occasion private) hearings. The committee will invite a range of people (e.g. experts in the matter under review and representatives from different interested groups) to provide their input and give evidence relating to the matter under investigation and answer specific questions from committee members. Most committees have the power to call or require certain individuals and experts, like people who work in government departments, to give evidence, answer specific questions and explain their actions. If a person who is called to give evidence to a committee refuses to attend or answer specific, he or she can receive a formal reprimand or be prosecuted and receive a fine or term of imprisonment. Once all of the submissions have been received and considered and hearings have concluded the committee will prepare a written report. The report will contain recommendations for law reform or actions and will be presented for consideration. Generally all written submissions and hearings are published in Hansard and made public on the parliament's website.

Processes used by parliamentary committees

Once a royal commission has been established and the letters patent has been issued, the commission conducts an extensive investigation of the matter of public interest by undertaking a range of tasks. For example, the commission may: - Prepare an issues paper. This paper outlines the matter or concern being investigated by the royal commission, poses questions relating to possible reforms that could be implemented to address the areas of concern and seeks and provides guidance for individuals and organisations that wish to make a written submission. For example, the Victorian Royal Commission into Family Violence prepared an issues paper to explain the concerns being examined by the royal commission. It encouraged any individual or organisation affected by family violence or has ideas that might assist the work of the royal commission (e.g. health professionals, childcare and social welfare workers, law enforcement agencies and education institutions like schools and universities and different religious and community groups) to make a written submission. - Conduct consultation sessions to gain input, views and opinions from a range of individuals and organisations that have an interest in the area being investigated. For example, the Victorian Royal Commission into Family Violence held 44 group consultation sessions attended by over 850 people. These included victims, perpetrators, prisoners, community and religious leaders, and representatives of disadvantaged groups such as Indigenous Australian women and children, women with disabilities and people from the LGBTI community. - Hold public hearings or sit in private to gain evidence relevant to the terms of reference. Royal commissions have extensive powers, to seize and gain evidence at their hearings. For example, they can summons or compel people to attend, give evidence under oath or affirmation and be subject to cross-examination. The Royal Commission into Institutional Responses to Child Sexual Abuse held a number of formal public hearings to examine evidence about how different institutions (like the Catholic Church, Scouts Australia, the YCMA, and the Salvation Army) responded to allegations of specific cases of child sex abuse within their organisations. Once the investigation is complete and evidence and submissions have been considered, the royal commission will prepare a report on their findings and make recommendations on ways to address the matter under investigation. This might include recommendations for changes in government policy, administrative systems and changes in the law and legal system. The royal commission also has the power to recommend that an individual be prosecuted for unlawful conduct, although the Director of Public Prosecutions (DPP) is not required to act on these recommendations. The DPP may not do so in cases where, for example, an individual has been forced to give self-incriminating evidence in a manner that would not be admissible in a traditional court.

Processes used by royal commissions

In assessing the need for change in the law, the VLRC consults with expert bodies in the area under review, and also with the general community. After receiving a reference, the general process of the VLRC follows is that it: - Undertakes initial research and consultation with experts in the law under review and identifies the most important issues. - Publishes an issues or discussion paper (called a consultation paper) which explains the key issues in the area under review and poses questions about what aspects of the law should be changed and how for community consideration. - Holds consultations and discussions with, and invites submissions (which can be made in writing, online or by speaking to a Commission staff member) from, parties who are affected by the area under review and members of the Victorian community. Members of the community ma include interested individuals, pressure groups, organisations and, in particular, people from marginalised groups such as those from non-English speaking backgrounds, people with disabilities, Indigenous people and people living in remote communities. - Asks experts to research areas requiring further information and, when desired, publishes these findings in an occasional paper. - Publishes a report with recommendations for changes in the law, either a final report or an interim report if further comment from the community is desired. - Presents the final report to the Attorney-General, who will then table it in the Victorian Parliament. The parliament may decide to implement some or all of the VLRC's recommendations by incorporating them into a bill, but it is not bound to do so.

Processes used by the VLRC

There are many reasons why law reform is necessary. These include: - Changes in beliefs, values and attitudes. - Changes In social, economic and political conditions. - Advances in technology. - Greater need for protection of the community. - Greater awareness of the need to protect rights. - Greater need to provide improved access to the law. - Encouraging changes in values in society. - Greater need to clarify, simplify or expand unclear laws.

Reasons for law reform

Regardless of its type, the form and content of follow the rules set out by the parliament to which it is being presented. For example, a petition presented in the Victorian Parliament must, among other requirements: - Be addressed to only one house of parliament. - Refer to a matter that is within the power of the parliament to address. - Contain a brief paragraph stating the reasons for the petition. - Contain a request for parliament to take action. - Be legible and not contain any offensive or disrespectful language. - Be presented or tabled by a member of parliament (although this can be any member. That is, it does not have to be the petitioner's local member). Similar rules apply to petitions presented in the Commonwealth Parliament, which are available on the Parliament of Australia website. The House of Representatives has a Standing Committee on Petitions to receive and process all petitions presented to the House, so that they meet the petition requirements. The person making the petition (either an individual or someone on behalf of a group) will also be contacted by the Committee to inform them of the response of the House. In recent years, many thousands of people have signed petitions about live animal export. These petitions, tabled in the House of Representatives, attempt to influence a change in the law to abolish the exporting of live animals. Each year Australia exports over 3 million live animals (including cattle, sheep and goats) to overseas countries. Long distances are involved, and many of these animals suffer stress and injuries (such as dehydration from being deprived of food and water and kept in high temperatures with poor ventilation, and bruises from being restricted in very small areas). Others, in opposition, note that live animal exports contribute significantly to the Australian economy, including in relation to employment. In 2016, a petition was tabled in the House of Representatives requesting the Federal Government to ban live animal exports.

Requirements for petitions

Strengths of royal commissions: - Because the government asks royal commissions to investigate something important, the government may be more likely to act on the royal commission's report and recommendations. - Royal commissions can measure community views on areas of investigation by holding consultations and receiving public submissions. - Royal commissions can investigate an area comprehensively so the government can initiate a new law that covers the area inquired about. - Royal commissions have the power to call anyone to appear before them to give evidence. - Royal commissions are independent of parliament, and more likely to remain objective and unbiased in making their recommendations.

Strengths of royal commissions

The Victorian Parliament established the VLRC in 2001 by passing the Victorian Law Reform Commission Act 2000 (Vic). The VLRC was therefore created by statute, and obtains its powers and functions through that statute. The VLRC aims to assist the Victorian Government in continuing to provide a fair, inclusive and accessible legal system by investigating the need for change in Victorian laws and providing the government impartial advice and recommendations for change. While the VLRC was created and is funded by the Victorian Government, it is an independent organisation that is not involved in the political process or influenced by the policies of the government or political parties. In general terms, the VLRC monitors and coordinates law reform activity in Victoria and investigates and advises the Victorian Government on ways to update and improve Victorian law. When conducting its investigations, the VLRC engages in community in community-wide consultation and debate to ensure its recommendations for changes to the law meet the needs and desires of the Victorian community. For example, the VLRC will respond to issues and concerns raised by individuals and pressure groups, and consider newly emerging rights and responsibilities. Section 5 of the Victorian Law Reform Commission Act sets out the specific roles of the VLRC: - Inquiry, to examine and report on any proposal or matter referred to it by the Victorian Attorney-General and make recommendations to the Attorney-General for law reform. This includes conducting research, consulting with the community and reporting on law reform projects. An example of a terms of reference is provided on the next page. - Investigation, to investigate and relatively minor legal issues that the VLRC beliefs is of general concern within the community and report back to the Attorney-General with suggestions for law reform. This means that in addition to its main role of examining legal issues and matters referred to by the Attorney-General, the VLRC can also examine minor issues without a reference, provided the review will not consume too many of its resources. Any members of the public can make a suggestion for it to undertake an investigation into a minor issue of general community concern. - Monitoring, to monitor and coordinate law reform activity in Victoria, including making suggestions to the Attorney-General, that he or she refers a legal issue or matter relating to law reform to it for investigation. In other words, after consultation with various groups and other law reform bodies, the VLRC may suggest to the Attorney-General new references relating to areas where law reform would be desirable. - Education, to undertake educational programs and inform the community on any area of the law relevant to its investigations or references. This means the VLRC has a responsibility to deliver programs to help inform the community about its work. One way the VLRC achieves this is by visiting schools throughout Victoria to talk to students about its role and past and current projects. It also provides a vast range of information about its investigations and references on its website. Terms of reference is instructions given to a formal body (e.g. a law reform or royal commission) to investigate an important manner. Terms of reference set out the precise scope and purpose of the inquiry and the date which the final report must be completed.

Roles of the VLRC

Royal commission is the highest form of inquiry into matters of public concern and importance. Royal commissions are formal public inquiries conducted by a body formed to support the work of a person (or persons) (being the commissioner(s)) given wide powers by the government to investigate and report on an important matter of public concern. Royal commissions are major public inquiries established by the government to investigate something of public importance or concern in Australia, on any topic. These Commissions are called 'royal' commissions because they are created by Australia's head of state (i.e. the Queen) through her representatives. They are one of the oldest forms of inquiry. The inquiry is given 'terms of reference' (a description of what it is asked to inquire into) and asked to report on its findings and make recommendations. Royal commissions are given special investigatory powers, including the power to summon (i.e. compel) people to attend hearings, give evidence under oath, and be subject to cross examination.

Royal Commissions

Select committees are parliamentary committees that are appointed to investigate a specific issue as the need arises. Once the inquiry is completed the committee ceases to exist. Select committees are made up of members from only one house of parliament.

Select committees

Strengths: - Courts can make law where none exists and give meaning to unclear legislation so it can be applied to resolve the case at hand. - Decisions and comments made by judges can indirectly influence the parliament to changing the law (e.g. Mabo case) by enshrining court decisions. - Judges are independent from the parliament and can make decisions without fearing the loss of voter support. - Judges can declare legislation invalid if it was made ultra vires. - Courts can make a ruling that highlights a problem and raise community awareness for the need for law change.

Strengths of the courts in responding to the need for law reform

Strengths of the VLRC: - As the government asks the VLRC to investigate the need for law change in specific areas, the government should be more likely to act on the VLRC's report and recommendations. - The VLRC has the ability to measure community views on areas of investigation by holding consultations and receiving public submissions. - The VLRC is able to investigate an area comprehensively so the government can initiate a new law that covers a whole issue, such as the Access to Medicinal Cannabis Bill 2015, which was the outcome of the VLRC's report on medicinal cannabis. - The VLRC has the power to make recommendations on relatively minor legal issues without any reference from the Attorney-General, which can lead to important law reform. For example, a review in 2011 on bail resulted in changes to the Bail Act 1977 (Vic). - The VLRC is independent of parliament, thus ensuring it remains objective and unbiased in making its recommendations. - Statistics suggest that the VLRC can be highly influential on the Victorian Parliament. All or some of its recommendations are adopted in approximately 70% of cases.

Strengths of the VLRC

Social media has the ability to create interest in, and raise awareness of, legal issues on a massive scale. People are able to share their views and opinions with the entire community by using a vast range of social media platforms, sites and blogs (like Facebook, Twitter, Instagram, Pintrest and Reddit). Through the use of social media platforms, individuals, specific interest or pressure groups, parliamentarians and even traditional media organisations (like television broadcasters, radio programs and newspapers) now have the ability to communicate their opinions to a broader audience and with greater speed than at any time in history. For example, during 2016, Facebook averaged approximately 15 million users per month. Similarly, YouTube was accessed approximately 14.5 million times per month. In June 2017, Facebook announced that it had reached 2 billion monthly active users worldwide. Images, videos and live streaming of events can be used to generate great interest in and awareness of legal and political issues and the need for law reform. The increasing use of mobile devices (such as smart phones, smart watches and tablets) allows most people to have the ability to capture and broadcast footage. Demonstrations and events can be captured on video or streamed live to help gain support for law reform. For example, footage of crime, cruelty to live export animals and conditions in detention centres for asylum seekers have all be placed on social media to gain support for law reform in these areas. Social media also connects people around the world and can be used to inform a global audience, including national and state governments, about a range of legal issues and perceived injustices. This information can provoke and inspire people to undertake action on global issues by influencing law reform at a local level. For example, many environmental groups within Australia, such as the Australian Conservation Foundation, The Green Energy Council and the Youth Climate Change Coalition, use social media to gain support for law reform in a range of areas including reducing global warming and achieving sustainable food production. Social media is also influential in law reform because users can directly access a political party, politician or local member of parliament via their website, Facebook page and Twitter or Instagram account to gain an insight into their views and opinions on various legal issues and receive up-to-date information. In this way, the public can more directly interact with members of parliament and make them more accountable for their actions. Similarly, social media is becoming a significant source for breaking news, announcements and discussions on a whole range of political, social, environmental and commercial topics. Most politicians at federal and state levels use social media platforms such as Facebook and Twitter, including the prime minister and the leader of the opposition. Social media can achieve outstanding outcomes for mass communication, which can lead to changes in the law.

Social media

Standing committees are parliamentary committees that are appointed for the life of a parliament (and then usually re-established in successive parliaments) to investigate a range of specific issues and provide an ongoing check on government activities. They are ongoing, not temporary, committees. For example, the Victorian Standing Committee on Legal and Social Issues is an ongoing Victorian parliamentary committee that inquires into and report on any proposal or matter concerned with community services, education, gaming, health and law and justice.

Standing committees

- Demonstrations that attract large numbers of participants can attract free positive media attention. Members of parliament are more likely to consider law reform that has strong support within the community. - Demonstrations can gain the support of members of parliament who want to 'adopt a cause', particularly one that might improve their public profile or image. - Demonstrations can raise social awareness, making members of the public think about the issue for the first time. This can bring change over time. - An effective demonstration will focus on something can be directly changed.

Strengths of demonstrations

Strengths: - Challenging an existing law in a higher court can enable a vague or unclear law to be clarified. - Even if a court challenge is unsuccessful it may gain significant media coverage and help increase awareness of the possible need to change a law. - Judges are politically independent and determine cases based on the merits rather than electoral consequences (i.e. gaining voter support). - Judges can rule that legislation made outside the power of the parliament is invalid. - Judges' decisions and comments made in court can encourage parliament to change the law.

Strengths of individuals the using the courts to influence law reform

Strengths: - Parliament is an elected supreme law-making body with the power to make and change any law within their own jurisdiction or area of law-making power. - Parliament can make and change laws as the need arises to ensure the law reflects the changing needs, views and values of society. - Parliament can also the VLRC to establish committees and royal commissions to thoroughly investigate the need for a change in the law. - Parliaments can abrogate common law (except for decisions made by the High Court in relation to constitutional matters). - Parliament can respond quickly to the need for law reform compared to the courts because they do not have to wait for a conflict to arise or an issue to be brought before them before initiating law reform and can change the law in anticipation of future needs.

Strengths of parliament in responding to the need for law reform

Strengths of parliamentary committees: - Committees can investigate a wide range of legal, social and political issues and concerns and report back to the parliament about the need for law reform. - Committees can examine issues more efficiently (i.e. more quickly, more economically and in greater detail) than having the entire parliament involved in the investigation. - Committees allow members of parliament to be involved in investigations and gain knowledge, expertise and understanding in the area of suggested law reform. - Committees provide a way for members of the community to give input into the issues being investigated and have their views considered in the parliamentary decision-making process. - The final reports prepared by committees enable the parliament to be more informed before deciding whether or not to support a bill.

Strengths of parliamentary committees

Strengths: - Petitions are relatively simple, easy and inexpensive way for people to show their desire for a change in the law. - Members of parliament are more likely to consider law reform that has strong support within the community. - Petitions are more likely to be effective if they are signed by many people. - The acts of creating petitions and gathering signatures can generate public awareness of an issue and support for the desired legislative change. - Once a petition has been given to a member of parliament they must present the petition in parliament. Even if it is not initially successful in generating law reform, the tabling o the petition can help gain the attention of other members of parliament and the media, which can then generate further community support. - An e-petition enables members of the public to submit and sign petitions online, and to track their progress. A wider pool of signatories may find petitions online.

Strengths of petitions

Governments can often use the findings and recommendations of royal commissions to justify the need to make changes in the law and government policy. Royal commissions can also be important in raising community awareness and interest in a particular area of community concern and encouraging individuals and groups to not only make submissions to the royal commission but also undertake their own initiatives (including undertaking petitions and demonstrations and using the media) to influence a change in the law. However, one problem associated with royal commissions is that they may lose credibility in situations where the government of the day, which determines the terms of reference, chooses not to include any areas that might be potentially damaging for them (i.e. may lead to a loss of voter support) or focuses on areas that might gain voter support. Similarly, as mentioned above, a royal commission may lose credibility if too many witnesses are summoned to give evidence against their will and forced to answer questions that would not be permitted in a traditional courtroom. If the public loses confidence in the methods used by a royal commission to gain evidence and information they may be less willing to support any recommendations made for changes to the law.

The ability of royal commissions to influence law reform

While their role in law-making is somewhat limited (in comparison to parliament), courts can still play an important role in influencing changes in the law. Courts have the ability to respond to the need for law reform because: - They can make law in cases where none exists, and interpret the meaning of legislation. - They make independent judgements and decisions without fear of losing electoral or voter support. - They can declare legislation if it has been made beyond the law-making powers of the parliament. - They can highlight a problem that raises community awareness about the need for laws to be changed.

The ability of the courts to respond to the need for law reform

Parliament, as the supreme law-making body, is able to make new laws and change existing laws in response to changing needs and demands. It can ensure the law is kept up to date with and reflects changes in society, the development of new technologies, and ever-changing domestic, international, economic and political circumstances. Some of the features of parliaments that enables them to respond to law reform are set out. However, at the same time, parliament also has some limitations in its ability to change the law.

The ability of the parliament to respond to the need for law reform

Parliamentary committee is a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party. A parliamentary committee is specific group of government and non-government members of parliament who are given the responsibility of investigating a specific issue, policy or proposed law (bill) and reporting their findings and recommendations for law reform back to the entire parliament. They are often established so an issue of state, national or community interest can be examined more efficiently (i.e. more quickly, more economically and in greater detail) than it could be if all members of parliament were involved in the investigation. The committee system is an important feature of our parliamentary system because it allows members of parliament to examine and evaluate the need for law reform. It also provides a way for members of the community to give input into the issues being investigated and have their views considered in the parliamentary decision-making process. Unlike law reform bodies, the committee is made up of members of parliament. When a parliamentary committee investigates a specific issue or matter, one of its main roles is to consult with and consider the views of the community, including interested individuals and experts, pressure groups, business groups and organisations and government departments. Another benefit of parliamentary committees is their final reports enable the parliament to be more informed before making important decisions like determining whether to support a bill. Parliamentary committees can also be established to provide a check on the government's activities because they have the power to call individuals, experts and people who work in government departments to give evidence and answer questions in relation to the specific area under investigation. There are many different types of parliamentary committees throughout the federal and state parliaments. For example, committees can consist of members from both houses of parliament or just one house, and may be an ongoing committee, or a temporary one to investigate one specific issue. Committees may also vary in size, though Victorian parliamentary committees usually consist of siex to ten members of parliament plus a number of parliamentary employees, called a secretariat, who provide administrative support and help run hearings. At a federal level, committees generally range from seven to 32 members and, like at state level, is considered one of the duties of an elected member of parliament.

The committee system

Social media is a range of digital tools, applications and websites used to share information in real time between large groups of people (e.g. Facebook, Twitter, Instagram and Snapchat). The media, both traditional media (newspapers, television and radio) and social media, have an important role to play in influencing changes in the law. Social media includes communicating information using a huge range of internet tools, applications and platforms, and over recent years the use of platforms (Facebook, Twitter, Instagram, Snapchat, LinkedIn) and bookmarking sites (Pintrest, Reddit, Delicious, Digg) have gained significant popularity. The sharing they allow through web pages, blogs, videos and images was unimaginable 25 years ago. Information, comments, views and opinions can now be communicated by any individual or group to potentially millions of people almost instantaneously and with limited restrictions on censorship. This makes social media an important way for individuals and pressure groups to gain awareness of an issue and support for law reform. Members of parliament, political parties, pressure groups and individuals can all take advantage of it

The role of the media in law reform

Traditional media is conventional ways of communicating information to the mainstream public, being newspapers and magazines, television and radio, that were relied on before the internet. Traditional media generally refers to newspapers, television and radio. These were the main means by which people obtained news and information before the twenty-first century. In Australia, while there has been a rapid growth in social media over the last decade, approximately 52% of Australians still rely on traditional media, with another 21% gaining their news online through the aps and websites of these traditional media mediums rather than via social media. Traditional media has an important role in influencing law reform through its ability to examine, discuss and inform people about legal issues and possible changes to the law. Newspapers, television and radio are still a major source of news within our community, being accepted by millions of readers, viewers and listeners each week, and have the ability to shape the views and attitudes of their audience depending on the manner in which they present a legal or political issue or argument. Television programs such as Sunrise, Today, The Project, Lateline, 7.30, Foreign Correspondent, Q&A, and A Current Affair often contain segments about the need for law reform and possible changes to the law. They also provide a forum for political parties and parliamentarians to outline their policy stance on law reform, explain their actions and be held accountable for their views on law reform. Many television programs also investigate problems in our community to inform the public of injustices and need for changes in the law. These programs, such the ABC's Four Corners or the Nine Network's 60 Minutes, can influence public opinion and assist governments in deciding whether or not there is sufficient community support for a change in the law. One problem with traditional forms of media, however, is that they may not always present information is an unbiased and independent manner in preference to reflecting the vested political interests of their owners. Televisions and radio producers and newspaper editors can manipulate content in an attempt to alter the community's perception of and discredit a particular individual or pressure group if the owners of their media organisation do not support their views. For example, producers can edit footage of protesters and police in an attempt to alter the viewer's perception. Likewise, more broadcasting time can be given during radio and television interviews to individuals, pressure groups and parliamentarians who support the views held by the owners of the media organisation on which they appearing. The high concentration of ownership in the traditional media may also decrease its independence and give the owners of media organisations excessive power and too much ability to influence community views on controversial legal issues, law reform and even the way people vote in elections. For example, in Australia the two biggest and most influential media organisations, News Limited and Fairfax (which account for approximately 85% of all newspaper sales in Australia), as well as ABC, are often criticised for showing political bias. Traditional media can also influence law reform by broadcasting or publishing public opinion. For example, many newspapers publish emails and letters received from individual members of the public, pressure groups, and politicians on a daily basis as a means of generating discussion or influencing community views. Members of the community can also leave remarks in online comment forums, and write short articles in the hope their views and opinions will be published. Publications of such emails, letters, comments and articles can alert the public and the law-makers to a need for the change in the law, or the inappropriateness of a suggested change in the law.

Traditional media

The four main types of parliamentary committees in both the Victorian and Commonwealth parliaments are: - Standing committees. - Select committees. - Joint investigatory committees. - Domestic committees.

Types of parliamentary committees

Members of parliament often lack the time and resources to undertake a thorough investigation of an issue. In situations like this, parliaments may prefer to pass the investigation of the need for law reform to an independent law reform body that can conduct its own investigations and make recommendations for changes to the law. Formal law reform bodies are organisations established by the state and Commonwealth Governments to inform them of changes in society that may require a change in the law. They aim to give impartial advice and make recommendations that are practical and able to be implemented. Parliament is not bound to follow the recommendations from formal law reform bodies, although the government is often influenced by the reports of these committees when considering changes in the law. The Victorian Law Reform Commission (VLRC) is Victoria's leading independent law reform organisation, which reviews, researches and makes recommendations to the Parliament of Victoria about possible changes to Victoria's laws.

Victorian Law Reform Commission

Weaknesses: - Demonstrations can be less effective and even decrease support for a law change if they cause public inconvenience, become violent or lead to breaches of the law. Further, any negative media attention may decrease the credibility of a demonstration and the likelihood of members of parliament support the cause. - Demonstrations can be difficult and time consuming to organise and attendance can be affected by factors like the location or weather. - Demonstrations are often single events that may not generate ongoing support for the desired law reform. - A demonstration about something that cannot be changed in Australian law will be less effective (e.g. demonstrating against Donald Trump's treatment of women). However, they may still attract attention (even wide global attention) and may have a longer term influence.

Weaknesses of demonstrations

Weaknesses: - Courts are limited in their ability to change the law because they can only do so when a case comes before them and only in relation to the issues in the case. - Individuals can be reluctant to challenge a case because it can be expensive and time-consuming and a successful outcome cannot be guaranteed. - With the exception of the High Court disputes involving the interpretation of the Constitution, a judge-made law can be overridden (abrogated) by parliament. - Judges must wait for a party to challenge the authority of parliament to legislate before they can make a ruling and declare legislation invalid. - Judges are unelected and their decision and comments may not necessarily represent the views and values of the community.

Weaknesses of individuals using the courts to influence law reform

Weaknesses: - Parliament is not able to change law if it is ultra vires or outside their law making powers. - Members of parliament may be reluctant to legislate in areas where there are conflicting community views, or the benefits will not be seen for many years, through fear of losing voter support. - Reforming the law can be very-time consuming (given a proposal must pass through several stages of discussion and debate in both houses of parliament and parliamentary sitting days are limited) and expensive. - Parliaments may abrogate an independent and valid common law to gain political advantage and voter popularity. - Legislative reform can be obstructed if the government does not have a majority in the upper house or a minority government does not have the support of the crossbench.

Weaknesses of parliament in responding for the need for law reform

Weaknesses of parliamentary committees: - Due to limited resources a committee cannot be formed to examine all worthy issues and concerns. - Committee investigations can be time consuming and costly. - The large number of committees and the time commitment involved may deter some members of parliament from sitting on committees. - Members of the governing party may dominate the composition and findings of a committee or use them as a distraction or way of avoiding other controversial legislation or parliamentary issues. - There is no obligation on parliament to support or introduce law reforms suggested by a committee, although this may be more likely given the committees consist of members of parliament.

Weaknesses of parliamentary committees

Weaknesses: - Some people are reluctant to place their name, address or email address on a petition and can find requests to do so an imposition. - Good ideas may be overlooked if there is no other community pressure beyond the petition. - The influence of the petition may depend upon who tables it and their influence within parliament. - Parliaments receive hundreds of petitions each year and there is no guarantee or compulsion for the suggested law reform to be adopted. - Many petitions do not gain public and media attention after being tabled. - Some people may sign a paper petition more than once, which compromises the integrity of the petition. - Opposing petitions (putting opposition points of view) can lower the impact of a petition.

Weaknesses of petitions

Weaknesses of royal commissions: - Royal commissions can be used as a tool against political opponents. They can also be used to avoid getting on with difficult legislation. - There is no obligation on the part of the parliament to support or introduce law reform to adopt any of the recommendations made by royal commissions. - Royal commission investigations can be time-consuming and costly. They take on average 2-4 years to complete, and are infamously expensive (one of the more expensive ones cost $60 million). - The extent to which a royal commission can influence law reform is mixed, and depends on matters such as the subject matter and whether there is bipartisan support for the reform. - The ability of the royal commission to influence law reform depends on the timing of its reporting and its terms of references. For example, if they are to report immediately after an election, its influence might be diminished.

Weaknesses of royal commissions

Weaknesses of the VLRC: - The VLRC can only investigate issues referred to it by the government or minor community law reform issues that will not consume too many resources. - There is no obligation on the part of the parliament to support or introduce law reform to adopt any of the recommendations made by the VLRC. - The VLRC's investigations can be time-consuming and costly. - The VLRC is limited by its resources, and therefore can only undertake investigations into minor legal issues if it does not require a significant deployment of those resources. - The VLRC is constrained by the references with which it is provided by the Attorney-General on major issues of law reform (i.e. it will generally be limited by those references even if the VLRC considers there are others areas of reform required in that particular matter).

Weaknesses of the VLRC

Weaknesses: - Judges in superior courts may be reluctant to change the law (by overruling and reversing existing precedents or broadly interpreting legislation), preferring to leave the law-making to parliament. - Judges in superior courts can only make law (including interpret legislation) when a court is brought before them and in relation to the issues involved in the case. This is reliant on parties being willing and financially able to pursue a case. - Judges are not elected by the people and may make decisions that do not reflect the views and values of the community. - Some judges can adopt a conservative, rather than activist, approach and more narrowly interpret legislation in cases where their decisions will lead to a major controversial law change. - Parliament may abrogate (or cancel) common law (other than cases involving the interpretation of the Constitution).

Weaknesses of the courts in responding to the need for law reform