Legal Studies Assessmet Task

Outline the roles of courts and parliaments in law reform and describe their limitations. The role of courts and parliaments in law reform is to change laws that have dated since when the law first came in and to “modernize” the law. An example of this is capital punishment. Courts usually change law or modify laws that get brought up by court cases. But the parliament had to produce a bill, which it goes through the house of reps and the senate to become a new law. Outline the role of the NSW law reform commission

The role of the NSW law reform commission is required to consider the laws of NSW with a view to * repealing obsolete or unnecessary enactments, * consolidating, codifying or revising the law, * simplifying or odernizing the law, * adopting new or more effective methods for the administration of the law, and * systematically developing and reforming the law * Identify and outline the features of NSW law reform commission * Identify four current projects that the NSW Law Reform Commission is working on.

Four projects that the NSW law reform Commission are 1. Cheating at gambling 2. Privacy 3. Security for cost and associated costs orders 4. Jury directions in criminal trials * Construct a flow diagram to illustrate the steps in law reform process in NSW. The attorney general writes to the Commision asking it to inquire into and report on the need for reform of the law on a particular topic, this is called “Terms of Release”.

The attorney general writes to the Commision asking it to inquire into and report on the need for reform of the law on a particular topic, this is called “Terms of Release”. The Chairperson ppoints Commissioners to take responsibility for the reference and the Executive Director allocates research staff. Sometimes the Commission will engage consultants to assist with the reference. This group is called the “Division”. The Chairperson appoints Commissioners to take responsibility for the reference and the Executive Director allocates research staff. Sometimes the Commission will engage consultants to assist with the reference. This group is called the “Division”. A research and publication plan is prepared setting out the time frame for the review and the method for public consultations..

A research and publication plan is prepared setting out the time frame for the review and the method for public consultations.. The Division and research staff will undertake some preliminary research into the reference and publicise in the community that the review is taking place. The preliminary consoltations are taken out. The Division and research staff will undertake some preliminary research into the reference and publicise in the community that the review is taking place. The preliminary consoltations are taken out. .

The Commission prepares one or more Consultation Papers and Research Report about the reference explaining all the issues and suggestions for reform. The public is invited to write submissions to the Commission. The Commission prepares one or more Consultation Papers and Research Report about the reference explaining all the issues and suggestions for reform. The public is invited to write submissions to the Commission. The Commission publicises the release of any Consultation Papers and/or Research Reports in the media and elsewhere to make sure that the community is aware of the reference and can comment.

The Commission publicises the release of any Consultation Papers and/or Research Reports in the media and elsewhere to make sure that the community is aware of the reference and can comment. The Commission receives and analyses submissions. The Commission receives and analyses submissions. The Commission conducts public consultations. The Commission conducts public consultations. The Commission undertakes further research and analysis of the issues, which includes looking at similar laws inter-State and overseas.

The Commission undertakes further research and analysis of the issues, which includes looking at similar laws inter-State and overseas. After completion of its research and public consultations, the Commission releases a Report that contains the Commission’s recommendations for reform After completion of its research and public consultations, the Commission releases a Report that contains the Commission’s recommendations for reform

The Attorney General tables the Report in parliament The Attorney General tables the Report in parliament Identify and describe the other organisations which are also “catalysts of change” in NSW. Web Quest B) * When and why was the Australian law reform commission established? The Law Reform Commission was established in 1975 under the Australian Law Reform Commission Act 1996 (cth). The commission was established to conducts inquiries (also known as references) into areas of law at the request the Attorney-General.

Although the ALRC cannot make its own inquiries, it is not a government and is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament. Outline the accountability of the Australian Law Reform Commission. The ALRC is very accountable because 85% of law reforms they put forward are either fully or partially implanted into Australian law, making the ALRC the most effective and influential agencies for law reform in Australia. * Why is it one of the most effective and influential agents of change in Australia?

The ALRC is very effective and influential because 85% of law reforms they put forward are either fully or partially implanted into Australian law, aking the ALRC the most effective and influential agencies for law reform in Australia. * Identify the aims of the Australian Law Reform Commission. The aims of the Australian Law Reform Commission are: * remove obsolete or unnecessary laws, and eliminate defects in the law; * suggest new or more effective methods for administering the law and dispensing justice; * ensure harmonization of Commonwealth, state and territory laws where possible; * Monitor overseas legal systems to ensure Australia compares favourably with international best practice. List four areas that the ALRC are currently working on. 1. National classification review.

Family violence and commonwealth laws 3. Discovery of documents in legal form 4. Family violence * Construct a flow diagram of a “typical inquiry” Component 1: Mechanisms of reform a) * Outline the role of the following mechanisms of law reform. * executive: staff of the governments departments look and research or develop policies to make that government department better or in better words improve the government department.

For example if the Attorny generals department has staff that look at other countries or departments to look for improvements for their own department. * Legislature: is the term used for the house of parliments, (green=house of reps’ and red=senate) in the parliments law reform is used to change laws, that the government wish to change or amend. The process does not go through the normal process of the going the the house of reps and so forth. * Judiciary: the judicial part in law reform, is to “fill in the gaps” so to speak.

The judge would just slightly amend the law to suit the trial he/she is trialling. * Outline the impacts of international law on Australian law. International law is the term used for laws that are used and agreed on by most other countries around the world and to regulate relations between other countries. This includes activities such as: * Postal services * Telecommunications * Transport of goods and people by air, ship, land and sea * International trade * Protection of the environment

For this process to work Australia and other countries that wish to use or amend these laws would have to sign a treaty. (usually made by the UN). This treaty may or may not affect Australia’s “domestic laws”. Mechanisms of law b) * Outline the limitations the UN has as a mechanism of change. The UN can only advise other countries on what to do it terms of aid e. c. t. they are not allowed to make change to law as they have no limits to. * Identify one area of law reform in Australia where international law has had an impact.