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Influencing Legal Change in Victoria: Mechanisms and Community Involvement

This chapter discusses the importance of understanding the dynamics of legal change within the context of community values, bureaucratic needs, business nature, and technological advancements. It explores formal and informal methods to influence legal reforms, such as lobbying, petitions, and demonstrations, detailing their strengths and weaknesses. The Victorian Law Reform Commission (VLRC) is highlighted as a key body in assessing legal issues and facilitating community input. By examining the mechanisms of legal change, students gain insight into the role of public engagement in shaping legislation.

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Influencing Legal Change in Victoria: Mechanisms and Community Involvement

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  1. Chapter 3: Monday 25 February 2013

  2. DO NOW: What do you think this means?

  3. Why does the law need to change? • Community values • Expectations • Bureaucratic needs • Nature of business • Technology • Community awareness • Internationalism • Pace of change Ensure that you have an explanation and examples for each reason listed above!

  4. Influencing legal change • Formal methods – actions through the formal structures of government or parliament such as a government law reform body e.g. VLRC; ALRC; Parliamentary committees, Royal Commissions, boards of inquiry etc. • Informal methods – Individuals (petitions, letter-writing, speak to MPs); groups (interest groups, e.g. Amnesty Intl; industry groups, e.g. Business Council of Australia; professional groups e.g. Victorian Bar).

  5. Methods used to influence legal change • Lobbying (direct approach) • Petition • Media • Submissions • Demonstrations • Civil disobedience • Political action • Court action See page 51-52 of textbook **Ensure you can explain each method and discuss its strengths and weaknesses. In particular, petitions, demonstrations and using the media are mentioned specifically in the VCAA Study Design.**

  6. LOBBYING

  7. PETITION

  8. MEDIA

  9. SUBMISSIONS • Visit the Victorian Law Reform Commission at www.lawreform.vic.gov.au

  10. DEMONSTRATIONS

  11. CIVIL DISOBEDIENCE

  12. POLITICAL ACTION

  13. COURT ACTION

  14. Formal pressures for change: VLRC • Established in 2001 by the Victorian Law Reform Commission Act 2000 (Vic) • Independent, government-funded body • Role: Investigate legal issues and make recommendations • Process: Conduct consultations with the community • Mostly initiated by the attorney-general – issues to be investigated outlined in a ‘reference’ • Can make recommendations for minor legislative changes without a reference • Reports recommendations to the attorney-general • A-G tables reports in Parliament WHY?

  15. www.lawreform.vic.gov.au • From the VLRC website: “The Victorian Law Reform Commission is an independent, government-funded organisation that develops, reviews and recommends reform of Victoria's state laws.” • “The Commission has a charter to consult with the community and advise the Attorney-General on how to improve and update Victorian laws.” • **Note: The VLRC does not change the law. It can only make recommendations for changes in the law to Parliament. It is only Parliament that can change the law, through the legislative process.**

  16. Homework Task: Read from page 57-63 • Answer Questions 1-8 • Aim: To understand the role of the VLRC and the processes used to assess the need for a change to the law by looking at a specific case study.

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