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Formal methods for influencing a change in the law

Formal methods for influencing a change in the law. When deciding on areas of law requiring review or change, a parliament may refer the matter to a formal law-reform body for investigation.

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Formal methods for influencing a change in the law

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  1. Formal methods for influencing a change in the law When deciding on areas of law requiring review or change, a parliament may refer the matter to a formal law-reform body for investigation. A formal law reform body is one that is established by parliament with the express purpose of investigating and suggesting law reform.

  2. Formal reform bodies:The VLRC Established in 2000 Functions set out in s.5(1) of the VLRC Act The VLRC is an independent, government funded, formal law reform body

  3. The VLRC • The aims: • Inclusive- involves the community • Innovative- new community consultation techniques • Independent- not part of the political process

  4. The VLRC: formal methods of changing the law Main role: Research issues referred to it by the Victorian Attorney-General. Can also recommend minor changes without government referral. May need to review the activities of government and is independent so that it can be critical of the way the government has managed the law reform.

  5. Recent VLRC inquiries Surveillance in public places (2010) Guardianship (2010) Child Protection (2010) Jury Directions (2009) Abortion (2008) Assisted reproductive technology and abortion (2007) Bail (2007) Civil Justice (2007)

  6. Effectiveness The VLRC provides recommendations only. This means that if the VLRC recommends a change which is politically controversial or unpopular, the commissions recommendations will be normally face rejection. It must therefore focus on what reforms are politically feasible

  7. Decriminalisation of Abortion Private Members Bill introduced to Parliament– referred to VLRC Removal from Crimes Act Needed to: Modernise and clarify law Reflect community standards without altering current practices.

  8. Previous Abortion Laws Crimes Act s.65 and s.66 made abortion illegal 1969 Menhemitt ruling- interpreted ‘unlawful’ except for ‘therapeutic abortions’ which were ‘necessary and proportionate’ 30 years of uncertainty

  9. Process used by VLRC • Targeted consultations with the public • 519 submissions • Expert medical panel • Specialist analysis of community attitudes data • Examined 5 surveys • 80% people supported women’s choice • Less than 10% opposed outright

  10. Process used by VLRC • Reported to Parliament 28 May 2008 • Abortion (Law Reform) Bill 2008 • Codification of abortion up to 24 weeks and after 24 weeks a ‘risk of harm’ provision applies • conscience vote by MPs • Passed both houses

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