Criminal
Rights of victims
Right to give evidence using alternative arrangements, right to be informed about the proceedings, and right to be informed of the likely release date of the offender
Methods of resolution
Roles of the crown
- Grant royal assent
- Make and approve delegated legislation
Changing values in society, to protect the community, advances in technology, to generate changing values in society
Roles of the Senate in law-making
Represent the states, act as a house of review, initiate proposed laws (except money related bills)
Reasons for Court Hierarchy
Purpose of CAV
- To ensure businesses comply with consumer laws
- To encourage Victorians to exercise their consumer rights
- To provide for fair and safe residential tenancies
- To encourage a modern and effective consumer law framework
Factors affecting parliament's law-making abilities
International pressures, the bicameral structure of parliament, the representative nature of parliament
The means by which individuals can influence law reform
Demonstrations, petitions (can be tabled in parliament), the use of the courts
Roles of the judge/magistrate in a civil dispute
Ensuring rules of evidence and procedure are followed, deciding questions of law, deciding the remedy (if a jury is not present), and making a decision based on the facts of the case (if a jury is not present)
Rehabilitation, punishment, deterrence (specific and general), denunciation, and protection
Types of injunctions
Restrictive - stops someone from doing something
Mandatory injunction - orders a person to do something
Executive power - power to administer laws and manage the business of government (eg governor-general)
Legislative power - power to make and amend laws (eg commonwealth power)
Judicial power - power to apply and interpret the law (eg the High Court)
Victorian Law Reform Commission (VLRC) roles
1. Make law reform recommendations on matters referred to it by the Attourney-General - this includes conducting research, consulting with the community and reporting on law reform projects
2. Make recommendations on minor legal issues of general community concern, without reference from the Victorian Attourney-General
3. Suggest to the Attourney-General that he or she refer a law reform matter that is in need of investigation to the commission
4. Monitor and coordinate law reform activity in Victoria
Rights of an accused
CCO
A supervised sentence served in the community, which involved basic and specific conditions, tailored to the individual offender
Purposes of VCAT
- To provide cost-effective civil dispute resolution
- To provide timely civil dispute resolution
- To provide accessible and informal civil dispute resolution
- To provide quality civil dispute resolution heard by expert bodies
5 express rights
1. Freedom of religion
2. Freedom of interstate trade and commerce/freedom of interstate movement
3. Freedom from discrimination on the basis of state
4. Right to trial by jury
5. Acquisition of property on just terms
Factors affecting the success of a referendum
Public opinion and consensus, clarity vs confusion, media messaging and public campaigning, bipartisan support
Significance of the Tasmanian Dam case
The case extended the Commonwealth’s ‘external affairs’ power, allowing it to make laws necessary to fulfill international treaties, even in areas of state power, leading to a shift in law-making authority from the states to the Commonwealth.
Factors involved in sentencing (4)
Mitigating factors, aggravating factors, guilty plea, victim impact statement
How many plaintiffs are required to make a class action
7 or more
Statutory interpretation
Interpreting the meaning of the words in an Act in order to apply the Act to a case before the court, and a precedent will be set for the way in which those words are to be understood in the future
Significance of the 2023 referendum
The 2023 referendum on the Voice to Parliament was significant as it represented an effort to formally include Indigenous perspectives in the legislative process. By proposing a constitutional advisory body, the referendum aimed to create a mechanism for Aboriginal and Torres Strait Islander peoples to influence law and policy changes that affect their communities. It highlighted the need for structural reforms to address historical inequities and ensure that Indigenous voices are considered in national decision-making.
Appropriateness of CAV
**Summary:**
Consumer Affairs Victoria (CAV) is suitable for resolving disputes between consumers and businesses, especially for issues like faulty products, and between tenants and landlords, due to its conciliatory approach. However, CAV is inappropriate for other civil disputes, such as family law or personal injury cases, as it lacks the necessary expertise. Additionally, CAV may not be suitable when there is significant hostility between parties, as conciliation is less likely to be effective in such cases.