KK1: If it's broke, fix it
One reason for law reform
Changes in beliefs, attitudes, values; changes in living conditions; advances in technology; greater need for community protection
One factor affecting the success of demonstrations
large numbers; competition; whether they are peaceful or not; whether they cause public inconvenience; whether they are based on an issue that parliament can directly address; organisation
One role of the media in law reform
Informing and raising awareness; assessing levels of community support; influencing community opinion on a change in the law
What does VLRC stand for?
The Victorian Law Reform Commission
Why is it called a Royal Commission?
Because it is initiated by the Governor-General, who is the representative of the Crown
One purpose of the Robodebt Commission
find out who was responsible; why it was implemented; any concerns raised about its legality or fairness; the use of external debt-collectors; concerns raised after the scheme was implemented; intended or actual outcomes on individuals and families
One reason for Constitutional Reform
Recognising first nations people; increasing protection of rights
How many states need to vote 'Yes' to achieve a majority among the states of Australia?
4/6
One factor affecting the success of a referendum
Bipartisan support; voters seeking change; nature of the proposal; education about the proposal
One reason for a Voice to Parliament
provide a platform for First Nations voices; would have representative legitimacy; cannot be easily dissolved; empowering First Nations people, allowing self-determination and engagement in process
The reason for law reform that was demonstrated by the 2017 Marriage Equality Plebiscite
Changes in beliefs, values or attitudes
One advantage of petitions in influencing change in the law
Simple, easy, inexpensive; lots of signatures can show a high level of community support; the act of getting signatures can generate further awareness; once a petition has been tabled, further support can be generated via MPs or the media
How can the media assess levels of community support?
Surveys, data analytics, monitoring letters to the editor, measuring likes, shares retweets etc.
The person that presents the Terms of Reference to the VLRC
the Attorney-General
One process used by Royal Commissions
prepare consultation, research or background papers; undertake consultation sessions; seek community input via submissions; obtaining relevant documents; holding public hearings
What year was the Robodebt Commission established?
August 2022
What section of the Constitution would have to be changed to change the law-making powers of the Commonwealth Parliament?
Section 51
If a referendum achieves a double majority, what needs to happen before the proposed change occurs?
Governor-General grants royal assent
One way voters can be informed/educated about a proposed change to the Constitution
Referendum pamphlets/booklets; education campaigns; media etc
Bipartisan Support; perceived as a change coming from the people
One example of a change in social conditions that might create a need for law reform
Increases in reported domestic violence; binge drinking; gang-related crime; online gambling
What is the requirement of standing?
The requirement that a party must be directly affected by the issues or matters involved in a case for the court to be able to hear and determine it
One disadvantage of social media in influencing law reform
Algorithms; misinformation; lack of codes of ethics; exposure to graphic or vivid imagery leading to desensitization;
One Function of the VLRC
Major Inquiry; Community Inquiry; Monitoring; Education
Who was the Prime Minister when the Robodebt system came into effect?
Malcolm Turnbull
One recommendation made by the Robodebt Commission
Design policies and processes with a primary emphasis on the recipients it is meant to serve; have specific regard to vulnerable people who may be impacted by any compliance programs; and more
Example of a potential reform to Australia's political system, other than adding a Voice to Parliament
Timing of Federal Elections, Widening eligibility to sit in parliament, becoming a republic
What must be done after a referendum is declared but before the vote occurs?
Educating voters about the proposed change
One party that supported the 2023 Voice to Parliament Referendum other than the Labor party
Greens, Jacqui Lambie, a bunch of non-parliamentary parties (losers?)
One factor affecting the failure of the 2023 referendum
Lack of clarity; lack of bipartisan support; lack of education
Example of technology that might create the need for law reform
A.I., stem cells, cyber-security stuff
A disadvantage to trying to get law changed via the courts
Courts can only change law when a case is brought before them; other than the High Court, judge-made law can be abrogated by parliament; Judges must wait for someone to challenge parliament's law before declaring legislation invalid; the requirement of standing; judges are unelected
Disadvantages of Print Media in influencing law reform
Bias; concentration of media ownership (e.g. News Corp)
The name of the paper which explains key issues in the area under review by the VLRC
Consultation Paper; or Issues Paper
One advantage of Royal Commissions
gov't can use the findings to justify changes in law; raise awareness; asked for by the gov't therefore more likely to have an impact; measure community views; they have wide-ranging powers; independent of parliament; can investigate an area comprehensively
What government department manages Centrelink?
Services Australia (FKA Department of Human Services)
What reason for Constitutional reform was being fulfilled by the 1999 referendum?
Reforming Australia's political system
The role of the parliament in changing the wording of the Constitution
Any proposed change has to pass both houses first- 'Constitutional Alteration Bill'
How might the nature of a proposed referendum lead to it failing to pass?
Not straightforward, accessible; too complex or difficult to understand
The document, created in 2017, led to the 2023 referendum being initiated
The Uluru Statement from the Heart
One example of law reform we have learned about this term
Puppy Tax; Sugar Tax; Reforming Industrial Relations; strengthening counter-terrorism laws (no bail for previous offenders)
Laws made outside of the powers of the Commonwealth Parliament can be declared _____ by the courts
Ultra Vires
According to a survey conducted by Ipsos Issues Monitor, what do Australians consider the issue of most concern for them?
Cost of Living
One Recent VLRC Inquiry AND the year it occurred
Committal Hearings (2020); Stalking Laws (2022), 'Recklessness' (2023); More Inclusive Juries (2022)
One disadvantage or Royal Commissions
whether they an influence law reform depends ton the subject matter and whether there is bipartisan support; can be used as a tool against political opponents; no obligation to adopt reforms suggested; time consuming and costly...
What was the name of the automatic debt system implemented by the federal government?
Online Compliance Intervention (OCI)
What reason for Constitutional Reform led to the 1967 referendum, other than recognising first nations peoples?
Changing the Commonwealth's law-making powers
The Section of the Australian Constitution that sets out the procedure for changing the Constitution
Section 128
One referendum that failed due to lack of bipartisan support, other than the 2023 referendum
1999, 1951, others...
What percentage of the Australian population voted 'Yes' in the 1967 referendum?
90.77%
When polled by a Victorian Parliamentary Committee in 2017, what percentage of Australians supported the rights of terminally ill patients to decide when to pass?
70%
The word limit for petitions submitted to the House of Representatives
250 Words
As of 2022, what percentage of Australians get their news from television?
42%
How long does the Attorney-General have to table a final VLRC report to the Victorian Parliament?
14 days
Name one Royal Commission that we DIDN'T study this term
Aboriginal Deaths in custody; black saturday; Yoorook Justice Commission; Vic Mental Health System; Esso Longford Gas Plant Accident; others...
What was the budget of the robodebt commission?
$30 million
When was Australia's first referendum?
1906- Senate Elections
A successful referendum other than the 1967 referendum.
1977- Senate Casual Vacancies, Referendums, Retirement of Judges
1946- Social Services
1928- State Debts
1910- State Debts
1906- Senate Elections
Which state had the highest percentage of 'Yes' votes in the 1999 referendum?
Victoria (ACT isn't a state losers)
The Federal MP who opposed the Voice Referendum and instead suggested a designated Indigenous Senator
Bob Katter