Things that a judge considers to reduce the severity of a sanction
Mitigating factors
The standard of proof for civil matters.
151
The number of seats in the House of Representatives
A statement that outlines the scope, direction, and purpose of an investigation into law reform.
Terms of reference
When someone is directly affected by a matter/law.
The requirement of standing.
To condemn or censure the offender’s behaviour (that is, make it clear to the community the behaviour is wrong)
Denunciation
When a group of 7 or more people join together an undertake legal action.
Class action/representative proceedings.
The signing of a bill into law
When judges consider social factors and views when making judgements.
Judial activism
When documents, videos, testimony are given to each party.
discovery
When a victim/witness is reluctant to given evidence it would be inappropriate
plea negotiation
When considering who the defendants are and the the degree of their responsibility.
The scope of liability (a facors to consdier when initiating legal action)
Concurrent law making powers.
Research, Consultation, Public Hearings, Submission.
The process used by VLRC when undertaking law reform.
When a judge orders parties to hand over document, limit the number of witnesses, attend medidation, other ways to speed up a trial.
Powers of judical case management.
Usually an aggravating factor which includes the particulars of any injury, loss, or damage.
Victim Impact Statement
Order mediation
The power to adminster laws and manage government business.
Executive powers/branch.
Can only investigate victoria law matters not commonwealth laws.
A limitation of VLRC
The calucation of how much a person earns, and their possessions.
Means Test
Some groups who may not understand English and/or consider it taboo to make direct eye contact or speak of certain things.
Cultural factors that limit justice (many experienced by first nations peoples)
Distputes where there is a power inbalance, where emotions may interfere, and/or a history of broken promises.
Disputes not suitable of mediation/concilation.
When a law is found to be made beyond the powers of the Parliament.
Unltra Vires.
Technology is constantly changing the way that we live.
Why the law needs to change.
When a member of Parliament proposes a law who is not a member of a major poltical party or without the permission of their political party
Private Members Bill