 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. Formal methods for influencing a change in the law

 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 Formal reform bodies: The VLRC

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

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. The VLRC: formal methods of changing the law

Reference is received from the Attorney General or begins a law reform project The Commission’s staff undertake initial research and consultationA Consultation/Issues/Discussion Paper is published Submissions are invited form any group or interested parties Consultations are undertaken with relevant stakeholders A report is published with recommendations for changes in the law and presented to the Attorney General The Attorney General tables the report in Victorian Parliament Parliament decides whether to implement the recommendations through legislation

 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) Recent VLRC inquiries

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 Effectiveness

 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. Decriminalisation of Abortion

 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 Previous Abortion Laws

 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 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 Process used by VLRC