1. Law-making through parliament
Chapter 2
Part 2

2. Formal Law Reform Bodies

3. Victorian Law Reform Commission (VLRC)
Formal law reform body – independent government organisation
Investigates areas of law in which the government feels there is a need for reform
The attorney-general provides the VLRC with terms of reference, asking it to investigate and make recommendations for changes in a particular law
Has the power to recommend minor changes to laws without a reference from the attorney-general
Makes recommendations that do not have to be accepted by parliament
Examples of current VLRC inquiries: jury empanelment and crimes (mental impairment)
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

4. Role of the VLRC / processes used
Undertakes initial research and consultation with experts in the area of law under review
Publishes an issues or discussion paper and asks the community questions
Invites members of the public, legal bodies, organisations and interested groups to make written submissions about the area of law being reviewed
Undertakes consultation with interested groups and individuals (e.g. a review of laws related to the conduct of lawyers would normally involve consultation with lawyers, barristers, judges etc.)
Publishes a report with recommendations for change
Tables the final report in the Victorian Parliament
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

5. Evaluation: VLRC
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

6. Legislative process of a Bill through parliament
Before it gets to parliament, there has to be a need for a change in the law or policy-making that requires new laws
Government departments can investigate and review laws
Cabinet ministers decide which laws need to be changed
Ministers who are not cabinet ministers can contact the cabinet if they have a proposal for a new or changed law
Parliamentary committees can investigate areas of law
Parliamentary counsel then drafts the legislation (known as a Bill)
Problems can arise; for example, poor communication between the minister/department and parliamentary counsel, mistakes made in drafting, inconsistencies in words used in the Bill etc.
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

7. Legislative process of a Bill through parliament
Before the introduction of legislation (known as a Bill) through parliament:
Need for a new law or change in an existing law
Decision by Cabinet to introduce a Bill into parliament (alternatively, a private member’s Bill)
Drafting of the legislation by parliamentary counsel
Scrutiny of Bills
Most Bills are introduced into the lower house
Appropriation Bills (money or supply Bills) must be introduced into the lower house
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

8. Legislative process of a Bill through parliament
Original house
Introduction
First reading
Second reading
Committee stage
Third reading
Second house
Same procedure as above
Certification
Royal assent
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

9. Strengths of parliament as a law-maker
Can make laws in futuro
Can change the law as and when the need arises
Has the ability to pass laws quickly in response to growing concerns or imminent threats
Elected by the people and therefore should reflect the views of those people
Can investigate a need for a change (e.g. VLRC)
Has access to expert information and advice
Opportunity for debate
Can delegate its law-making powers to ensure experts in their fields make particular laws
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

10. Weaknesses of parliament as a law-maker
Not often sitting
Process of law-making is very time-consuming
Can often be strong conflicting views about the need for a law, so may be reluctant to change
Investigations into a need for a change in a law can be lengthy and time-consuming
It is difficult to keep up with changing attitudes and changing technology
Not always able to foresee future circumstances
Delegated bodies are not elected
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

11. Summary
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015