UNIT 3 LAW MAKING

CHAPTER 2 LAW MAKING THROUGH PARLIAMENT

Part (ii)

VCE Legal StudiesPeter F Hughes © School 2012

Victorian Law Reform Commissionpage 57 VLRC Law reform body Informs the State and Commonwealth about

society’s views. Make recommendations on law changes. Governments may request the VLRC to

investigate certain legal matters. VLRC funded by Vic Govt.

Victorian Law Reform Commissionpage 57

ROLE OF THE VLRC

Research on issues referred by state Attorney General

Called a REFERENCE

May recommend minor changes to the law without a reference from Attorney General.

VLRC RESEARCH – community meetings RESEARCH – Law reform projects

ADVISE – Attorney General on areas of law that may need investigation

EDUCATE – community receives advice on law changes and their implementation

Monitors law reform in Victoria and works with other law reform bodies.

VLRCHow effective is it??

MAIN ROLE

Ensure the law meets the communities needs in Victoria.

Listens to lobby groups.

Considers rights and responsibilities that are changing.

Parliament is constantly using information from the VLRC in its consideration of legislation and ammendments.

Processes used by the VLRC(after receiving a reference)

Consulting with organisations and getting expert advice

Publish a discussion paper

Obtain written public submissions (legal bodies, public, individuals)

Consultation process

Obtain expert advice

Processes used by the VLRC(after receiving a reference)

Publish a report

Take the report to Victorian Parliament

Handouts from the VLRC

Victorian Law Reform CommissionHow effective is it?

Strengths Investigations directed by the Government. Government likely to act on this advice. A good way to gather public opinion.

Weaknesses Directed to issues by Govt or minor issues it

looks at itself. Govt is not obliged to follow investigations

PetitionsDo they work????

Strengths Can indicate a high degree of support if there

are lots of signatures and who signed them. The public can become aware of the issue by

seeing the petitions.

Weaknesses Too many petitions are given to parliament Difficult to obtain a lot of signatures

DemonstrationsHow effective are they????

Strengths Media reports on high profile demonstrations Public can become influenced by the media. Politicians represent the people and also

monitor media.

Weaknesses Unlikely to be effective without ongoing media

and public support. Public may not agree

The MediaHow effective is there reporting???

Strengths Certain issues that receive large amounts of

coverage can generate support for that cause. Can affect a change in the law

Weaknesses The public may not be behind these issues Might actually show there are conflicting

opinions on the issue.

Question2008 VCAA Exam

Sally has become an Australian citizen and is interested in learning more about the Australian legal system. She is particularly interested in ways laws are changed.

Identify and explain one way in which Sally can participate in influencing a change in the law?

2 marks ( take 4 minutes)

RevisionLearning activity2.5Number 4 page 63

The Legislation ProcessInitiation of Legislation Law making is the main role of Parliament This includes amendments to existing

legislation

The legislative process begins with the government looking at a change or introduction in the law.

Can initiate from the people, media, VLRC etc

The Legislative ProcessGovernment Departments Review existing laws Examine changes that may be needed eg

Insulation scheme in homes - subsidySolar electricity in homes – rebate or scheme

Cabinet and Minister’s roleCabinet Their meetings are decision making events on

proposed legislation, policy and amendments to law.

Many bills come up but few are carried through the extensive process of law making.

Cabinet decides which. Their majority in both house may influence

what will be brought before parliament.

Parliamentary Committees

Investigate matters and report back to Parliament.

Which senate committee do we know a lot about????

These committees save parliament time in investigating areas where the law may need changing.

Photo: Hepburn community wind turbine

Drafting Legislation Parliamentary Counsel = Lawyer that drafts

legislation for the cabinet. = Cabinet instruct the

lawyer on purpose and extent of

the law.

Remember!!Current Labor Government did this with the

‘Malaysian Solution’ for asylum seekers. However, this legislation was tested in the High Court and found not to be within the Constitution.

Drafting Legislation

When laws fail to pass the High Court test:Embarrassing for Govt.Voters may feel confused.

Parliamentary Counsel has done a poor job drafting the legislation.

Drafting LegislationParliamentary Counsel’s role (lawyer) Examines constitutional implications of the

bill. Discussion with relevant dept and minister Looks at policy implementation. Drafts the bill Govt considers the bill in draft form Copies to PM, Cabinet, Dept of Finance

AND… ensure legislation is legally effective.

Other problems in drafting legislation Poorly drafted legislation Cannot foresee problems in the future Technical mistakes in the draft

Handout:Commercial Trawlers lobby to move Coral Sea marine reserve border.

Courier Mail

Revision

1. What is the main Role of Parliament?

2. How do committees participate in the legislative process?

3. Explain the responsibilities of ministers in the law making process. (with an example)

4. Describe 2 problems that may arise with the drafting process.