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Aye Bay Bay

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Law Reform Bodies
« on: November 11, 2008, 05:36:14 pm »
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In the Legal Notes booklet, it says that we are only require to know the role of one formal law reform body. I read the study design as well. Can anyone clarify this for me?

Eliseblack

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Re: Law Reform Bodies
« Reply #1 on: November 11, 2008, 05:38:10 pm »
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we only need to know one..

hard

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Re: Law Reform Bodies
« Reply #2 on: November 11, 2008, 05:46:00 pm »
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yerp just that one.



Man what's with legal people on this forum... start posting and shit. Oh yes and tomorrow you all better be ready to discuss the exam because clearly the maths subjects are the only ones that people CARE ABOUT!!!

gilda

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Re: Law Reform Bodies
« Reply #3 on: November 11, 2008, 05:49:40 pm »
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VLRC is an example of a law reform body created by the vic governemnt but acts independently. its role is to undertake a specific research in an area of law, to see if its working effectively..and if not make recommendations for change. they can either be acting on a reference from gov or on their own initiative. they will publish discussion papers, conduct inteviews with experts ie doctor,police..they may even look at another Australian jurisdiction. a report will then be tabled in parliament with the reccommendations.........

hard

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Re: Law Reform Bodies
« Reply #4 on: November 11, 2008, 06:01:14 pm »
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VLRC is an example of a law reform body created by the vic governemnt but acts independently. its role is to undertake a specific research in an area of law, to see if its working effectively..and if not make recommendations for change. they can either be acting on a reference from gov or on their own initiative. they will publish discussion papers, conduct inteviews with experts ie doctor,police..they may even look at another Australian jurisdiction. a report will then be tabled in parliament with the reccommendations.........

i think they act on the command or advice of the governor. Since ALRC act on the orders of the governor-general.

sick muzza

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Re: Law Reform Bodies
« Reply #5 on: November 11, 2008, 06:12:15 pm »
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yeah^^, however, they can also act on their own accord for minor issues.

Eliseblack

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Re: Law Reform Bodies
« Reply #6 on: November 11, 2008, 07:45:06 pm »
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i'm a big fan of the royal commission personally  :police:
good luck for tomorrow everyone!!
hoping for representative and responsible govt question :P

hard

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Re: Law Reform Bodies
« Reply #7 on: November 11, 2008, 08:57:36 pm »
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i'm a big fan of the royal commission personally  :police:
good luck for tomorrow everyone!!
hoping for representative and responsible govt question :P

most likely i doubt there will be on on rep and responsible since there was one last year and i think the year before. Maybe crown's powers?

xox.happy1.xox

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Re: Law Reform Bodies
« Reply #8 on: November 11, 2008, 09:18:19 pm »
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yerp just that one.



Man what's with legal people on this forum... start posting and shit. Oh yes and tomorrow you all better be ready to discuss the exam because clearly the maths subjects are the only ones that people CARE ABOUT!!!

I'll probably scam the exam off my teacher and write up solutions. :P

vce08

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Re: Law Reform Bodies
« Reply #9 on: November 11, 2008, 09:21:59 pm »
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errr...
Won't people have different answers for the protection of rights protection compared to other countries, since there are like 4 different countries possible??

xox.happy1.xox

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Re: Law Reform Bodies
« Reply #10 on: November 11, 2008, 09:22:23 pm »
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i'm a big fan of the royal commission personally  :police:
good luck for tomorrow everyone!!
hoping for representative and responsible govt question :P

most likely i doubt there will be on on rep and responsible since there was one last year and i think the year before. Maybe crown's powers?

They will probably examine something out of the ordinary... SOmething nobody has studied for... Or they can be predictable, which is what I would like. :P

xox.happy1.xox

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Re: Law Reform Bodies
« Reply #11 on: November 11, 2008, 09:23:51 pm »
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errr...
Won't people have different answers for the protection of rights protection compared to other countries, since there are like 4 different countries possible??

Of course, I will only write my solutions for relevant questions... If I can somehow grab hold of the exam. :P

costargh

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Re: Law Reform Bodies
« Reply #12 on: November 11, 2008, 09:53:21 pm »
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The role of law reform bodies is to assist the state and Commonwealth governments of changes in society that may require a change in the law. They aim to give impartial advice and make recommendations that are practical to be implemented. Parliament is not bound by these recommendations.

The Australian Law Reform Commission (ALRC)

•   Established in 1975
•   Operates under the Australian Law Reform Commission Act 1996(Cth)
•   Consists of a President, two full time commissioners and three part time commissioners
•   The federal attorney-general provides terms of reference for each investigation
•   In 2004 Phillip Ruddock asked the commission to examine the changing nature, scope and extent of federal offences
•   Once an investigation is complete, the ALRC provides advice by way of recommendations. The Commonwealth Parliament checks the recommendations and decides where to accept them or not.
•   80% of ALRC reports have been either substantially or partially implemented
•   It is a very effective and influential law reform agent

When conducting an inquiry the ALRC aims to:
•   Simplify and modernise the law
•   Improve access to justice
•   Remove obsolete or unnecessary laws
•   Suggest more effective methods for administering the law
•   Ensure harmonisation of commonwealth and state laws
•   Ensure that Australian law compares favourably with international best practice

 The role of the ALRC in assessing the need for change in the law is to conduct inquiries, known as references, into areas of law reform at the request of the federal attorney-general.

The ALRC cannot initiate its own inquiries but it can suggest areas that need reform

The ALRC has highlighted legal concerns relating to Australia’s ageing population such as older people in the work force, care agreements between older people and their families and the rights of grandparents in relation to grandchildren.

The ALRC
•   Holds public hearings
•   Allows individuals to have a say in a proposed change in the law
•   Conducts surveys and polls
•   Employs specialist consultants
•   Provides information to the community on law reform processes
•   Identifies law reform priorities
•   Assists in the implementation of recommendations

Inquiries
Two terms of reference were given to ALRC in July 2004.
Reviews of
•   Part 1B of the Crimes Act 1914(Cth)
•   The Evidence Act 1995 (Cth)

Review of the Crimes Act 1914 (Cth)

Federal crimes are prosecuted in state and territory courts.  Sentences are administered by state and territory correctional authorities and therefore sanctions in different states for the same crime differ.
Eg. Rene Rivkin ( a stockbroker) was convicted of a federal offence and sentenced by a NSW court to weekend detention for 2 years. 
The ALRC will consider the best way to provide Australian courts with sentencing alternatives for federal offences.

xox.happy1.xox

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Re: Law Reform Bodies
« Reply #13 on: November 11, 2008, 10:20:33 pm »
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Aww... Our school is doing the VLRC (Victorian Law Reform Commission) :(

Athomas

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Re: Law Reform Bodies
« Reply #14 on: November 11, 2008, 10:28:34 pm »
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Aww... Our school is doing the VLRC (Victorian Law Reform Commission) :(

Yeh someone summarise that please ;) lmao.
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