Legal Studies

Legal Studies

JEDWARDS 2013

WHAT YOU SHOULD KNOW... The bicameral System

The structure of the Commonwealth and Victorian Parliament

Role of the Upper and Lower house in both Federal and State Parliaments

Role of the Crown Functions of Parliament Principals of Parliament- Representative,

Responsible, Separation of Powers Effectiveness of the Parliamentary

System

Reasons why Laws need to change...

One of the roles of law-making bodies such as parliament is to make laws that reflect the values and needs of society. In addition, to be effective these laws need to be known, accepted and understood by society and able to be enforced by the legal system.

It is necessary that laws be continually reviewed and changed in order to meet these goals.

Changing Values and Attitudes in the Community

The social, moral, economic and political values of society should be reflected in the law.

Over time we have seen values and attitudes change in areas such as the status of women, acceptance of alternative domestic relationships and the environment.

Changing Values and Attitudes in the Community

Domestic Animals Amendment (Puppy Farm Enforcement and other matters) Act 2011 (Vic.)

The Relationships Act 2008 (Vic.)

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.

Technological Advances

For Example, the growth in new technologies and internet use in Australia has resulted in Internet crime being one of the fastest growing crimes in the world.

The Crimes Amendment (Identity Crime) Act 2009 (Vic.) was passed to comprehensively criminalise identity crime.

Technological Advances

Surveillance Devices

Gene Technology› Patents Act 1990

Changes in Society

The way in which out society functions is continually changing, and laws need to keep pace with this.

Changes in the characteristics and composition of society, such as race, religion and age distribution, have necessitated legal changes. For Example, the growth in environmental concern and the desire to reduce greenhouse has emissions has resulted in the passing of the ____________________

Changes in Society

DRUNK AND DISORDERLY› Justice Legislation Amendment Act 2011

(Vic.)› Liquor control reform Amendment Act 2010

(Vic.) BULLYING

› The Crimes (Amendment (Bullying) Act 2011

Protection of the Community

One of the roles of a legal system is to protect the community from harm. Hence, if a new harm becomes evident or an existing harm intensifies, the law will need to be change to try to overcome this threat.

For Example, concerns regarding the protection of the community , and children in particular, from serious sex offenders has resulted in a number of acts being passed to help alleviate the threat when these offenders re-enter the community.

Protection of the Community

The Serious Sex offenders (Detention and Supervision) Act 2009 (Vic.) states that its purpose is ‘to enhance the protection of the community by requiring offenders who have served custodial sentences for certain sex offences and who present an unacceptable rish of harm to the community to be subject to ongoing detention and supervision.

Protection of the Community

Tobacco Amendment (Protection of Children) Act 2009 (Vic.)- aims to protect children from a different threat- exposure to second hand smoke- by banning smoking in cars containing children under 18 years of age.

Access to the 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 costly.

VCAT (Victorian Civil and Administrative Tribunal)

Access to the law

Magistrates’ Courts Amendment (Assessment and Referral Court List) Act 2010 (Vic.)

Neighbourhood Justice Centre

Generating Changing values in society...

In some instances it appears that the law-makers have changed the law in order to encourage a change in societies values. The Victorian Charter of Human Rights and Responsibilties seeks to educate the community on rights and tolerance, generate a respect for diversity, and an understanding of the balance between rights and responsibilties.

Generating changing values in society

Equal Opportunity Amendment Act 2010

Shop Trading Reform Amendment (Easter Sunday) Act 2011 (Vic.)

TIP

You are required to be able to use contemporary examples to illustrate the reasons for changes in the law.

Note that you need to know more than one reason, as the study design uses the plural ‘reasons’.