Intro: (did not write one for this example)
The Victorian Law Reform Commission was established in 2001 as a formal method of suggesting amendments for legislation. They are a government funded yet independant organisation that has been equiped with resources and given the responsibility to research, consult and coordinate areas for suggested changes in the law.
To begin their process, the VLRC would receive a letter of reference from the Attorney General. This is usually due to a problem or issue arising in society. In 2007, the AG assigned the VLRC with the responsibility of investigating the area of law surrounding abortion. Prior to this, the laws regarding lawful abortions in Victoria was unclear. The offence of having an unlawful abortion was still featured within the Victorian Crimes Act 1958.
After receiving their terms of reference, the VLRC will conduct initial research. This allows the organisation to determine what are the issues in which they need to clarify and conduct investigating on. From this work, the VLRC will publish an initial report available to the public informing them of the work they are currently doing. In 2007, the VLRC conducted inquiries and investigation regarding the legality of abortions in Victoria. From this, they found that what is deemed as lawful and unlawful abortions needed to be clarified. They also referred and examined abortion laws from other states and countries in this investigation.
Once the initial research is published, the VLRC will invite submissions from the community and stakeholders. This is their consultantion process whereby they try to obtain a clear understanding of what the community feels regarding the current law and what changes they want implemented. Letters, interivews and round tables are set up to obtain as much responses as possible. This ensures that if the law were to be changed, they would reflect the current values of the community. When conducting this stage in 2007, the VLRC spoke with and discussed laws of abortion with groups such as medical practitioners, counsellors, faith groups and Women's Rights groups to name a few. They gathered the feedback in order to compile a final report and recommend changes.
One of the final stages of the VLRC's role is to publish a final report. This final report reflects their findings and results from the research conducted and consultation with the community. Once the report is finalised, it is given to the Attorney General. At this stage, the report will not be made public until parliament has discussed the findings. In early 2008, the Victorian Attorney General received the final report from the VLRC. Within it were three recommendations for amendments to the current law.
Upon receiving the final report, the Attorney General has 14 days to table a discussion in parliament. From here, parliament will discuss and/or debate the recommendations suggested by the VLRC in relation to amending the law. It must be noted here the VLRC is only a law reform body and as such does not have a say on whether the law is or is not amended. It is parliament's role as represented members and if they choose not to do so, then they won't. In March, 2008 parliament reviewed the final report compiled by the VLRC and decided to amend the law according to option B. This provides for abortion to be removed from the Crimes Act, made it lawful for women to consent to having abortions conducted by medical practitioners provided that the feotus is less than 24 weeks gestation. If the feotus is older, the practitioner must be concerned for the mother's mental or physical health to conduct the abortion.
Overall, the above case study demonstrates that the VLRC is an effective organisation for recommending law reform. Due to their consultative process, they can ensure that laws are amended reflect the wants and needs of the people in current society.
One factor that can hinder change in the law is that parliament may not have the law making authority in a particular area. Within the constitution, the division of powers outlines areas of law making between Commonwealth and State. This means that areas reserved for state (residual powers) cannot be legislated on by Cmth parliament and therefore will vary from state to state such as education. Therefore, Cmth parliament may want to change an area of law but are limited from doing so as they don’t have the legislative ability.
Another factor that may hinder change in the law is the need for government support. By definition, government holds the majority of seats in the Lower House. If a bill wants to pass, it needs the support of government or agreement that government will not oppose it. If government does not hold majority in the Upper House (Senate), bills may be blocked from passing due to members voting along party lines.
Another reason that may hinder change in the law is the desire for change. A bill may be introduced in parliament but be opposed by strong community groups. For example, the Same Sex Marriage legislation has been introduced in parliament but temporarily shelved as it was decided that the timing was not right to introduce amendments in legislation. This was also reinforced by strong community groups that opposed the changes in marriage laws allowing same sex couples to be legally married. This can occur when introduction or amendments in laws are controversial.
Lastly, another reason why changes in laws may be hindered is due to time restraints. As parliament is only sitting roughly 70 days per year (and they can only consider changes in laws when sitting), this delays the process of legislation changing. As a result, changes in legislation may not occur as efficiently as possible which could lead to the law not being considered effective.
The Victorian Law Reform Commission was established in 2001 as a formal method of suggesting amendments for legislation. They are a government funded yet independant organisation that has been equiped with resources and given the responsibility to research, consult and coordinate areas for suggested changes in the law.
To begin their process, the VLRC would receive a letter of reference from the Attorney General. This is usually due to a problem or issue arising in society. In 2007, the AG assigned the VLRC with the responsibility of investigating the area of law surrounding abortion. Prior to this, the laws regarding lawful abortions in Victoria was unclear. The offence of having an unlawful abortion was still featured within the Victorian Crimes Act 1958.
After receiving their terms of reference, the VLRC will conduct initial research. This allows the organisation to determine what are the issues in which they need to clarify and conduct investigating on. From this work, the VLRC will publish an initial report available to the public informing them of the work they are currently doing. In 2007, the VLRC conducted inquiries and investigation regarding the legality of abortions in Victoria. From this, they found that what is deemed as lawful and unlawful abortions needed to be clarified. They also referred and examined abortion laws from other states and countries in this investigation.
Once the initial research is published, the VLRC will invite submissions from the community and stakeholders. This is their consultantion process whereby they try to obtain a clear understanding of what the community feels regarding the current law and what changes they want implemented. Letters, interivews and round tables are set up to obtain as much responses as possible. This ensures that if the law were to be changed, they would reflect the current values of the community. When conducting this stage in 2007, the VLRC spoke with and discussed laws of abortion with groups such as medical practitioners, counsellors, faith groups and Women's Rights groups to name a few. They gathered the feedback in order to compile a final report and recommend changes.
One of the final stages of the VLRC's role is to publish a final report. This final report reflects their findings and results from the research conducted and consultation with the community. Once the report is finalised, it is given to the Attorney General. At this stage, the report will not be made public until parliament has discussed the findings. In early 2008, the Victorian Attorney General received the final report from the VLRC. Within it were three recommendations for amendments to the current law.
Upon receiving the final report, the Attorney General has 14 days to table a discussion in parliament. From here, parliament will discuss and/or debate the recommendations suggested by the VLRC in relation to amending the law. It must be noted here the VLRC is only a law reform body and as such does not have a say on whether the law is or is not amended. It is parliament's role as represented members and if they choose not to do so, then they won't. In March, 2008 parliament reviewed the final report compiled by the VLRC and decided to amend the law according to option B. This provides for abortion to be removed from the Crimes Act, made it lawful for women to consent to having abortions conducted by medical practitioners provided that the feotus is less than 24 weeks gestation. If the feotus is older, the practitioner must be concerned for the mother's mental or physical health to conduct the abortion.
Overall, the above case study demonstrates that the VLRC is an effective organisation for recommending law reform. Due to their consultative process, they can ensure that laws are amended reflect the wants and needs of the people in current society.
One factor that can hinder change in the law is that parliament may not have the law making authority in a particular area. Within the constitution, the division of powers outlines areas of law making between Commonwealth and State. This means that areas reserved for state (residual powers) cannot be legislated on by Cmth parliament and therefore will vary from state to state such as education. Therefore, Cmth parliament may want to change an area of law but are limited from doing so as they don’t have the legislative ability.
Another factor that may hinder change in the law is the need for government support. By definition, government holds the majority of seats in the Lower House. If a bill wants to pass, it needs the support of government or agreement that government will not oppose it. If government does not hold majority in the Upper House (Senate), bills may be blocked from passing due to members voting along party lines.
Another reason that may hinder change in the law is the desire for change. A bill may be introduced in parliament but be opposed by strong community groups. For example, the Same Sex Marriage legislation has been introduced in parliament but temporarily shelved as it was decided that the timing was not right to introduce amendments in legislation. This was also reinforced by strong community groups that opposed the changes in marriage laws allowing same sex couples to be legally married. This can occur when introduction or amendments in laws are controversial.
Lastly, another reason why changes in laws may be hindered is due to time restraints. As parliament is only sitting roughly 70 days per year (and they can only consider changes in laws when sitting), this delays the process of legislation changing. As a result, changes in legislation may not occur as efficiently as possible which could lead to the law not being considered effective.