1. Law Reform
‘Law reform’ is the process of changing the law to:
Make it MORE CURRENT;
CORRECT defects in the law;
SIMPLIFY the law; and/or
FIX an INJUSTICE.
IMPORTANT:
Law reform is really hard.
Just because the law should be changed,
it doesn’t mean it will be.

2. Law Reform
WHY
does the law need to
change?
CONDITIONS that give rise to
the need for reform…
- Changing Social Values
WHO
- New Concepts of Justice RECOMMENDS
- New Technology specific changes?
AGENCIES of reform…
- Law Reform Commissions
- Parliamentary Committees
HOW
does the law end up
- The Media
- Non-Government Organisations changing?
MECHANISMS of reform…
- Courts
- Parliaments
- United Nations
- Intergovernmental Organisations

3. Law Reform
CONDITIONS AGENCIES MECHANISMS
that give rise of law reform of law reform
to the need
for reform

4. Law Reform
CONDITIONS
that give rise
to the need
for reform

5. Law Reform
CONDITIONS that
give rise to law ‘CONDITIONS that give rise
reform
to law reform’
CONDITIONS: Things that happen
that give rise to: that can lead to
WHY law reform: the law being changed
Changing social
does the law need to values
change?
New concepts of
justice
New technology
THEME: The development of law as a reflection of society
THEME: Influences on the Australian legal system

6. Law Reform
CONDITIONS that
give rise to law
reform
Examine the conditions
that give rise to law
reform
So we have to go into a bit of detail…
Law Reform
CONDITIONS that
give rise to law
reform
THEME: The development of law as a reflection of society
THEME: Influences on the Australian legal system

7. Law Reform
CONDITIONS that
give rise to law
reform
(Failure of existing
law)
The BASIC ‘condition’ that gives rise to law reform
IS NOT IN THE SYLLABUS.
But it is very simple:
Law reform has to happen because of a
FAILURE OF EXISTING LAW.
The current law doesn’t work, so it has to be changed.
The rest of the ‘conditions’ tell us WHY the current law doesn’t work.

8. Law Reform
CONDITIONS that
give rise to law
reform
Changing social
values
If the law doesn’t change when our values as a society change, then
parliament is not doing what it is supposed to do (represent us).
EXAMPLE: The Partial Defence of Provocation
(You get a lighter punishment if someone says
something that “makes” you lose control and kill them).
In Victoria, provocation was removed as a defence in 2005.
REASON 1: The Ramage Case, which freaked people out (wife told husband their marriage was
over so he killed her, saying that he was ‘provoked’ by what she said to him)
REASON 2: The idea of provocation reflects OLD social values
e.g. Women can be “asking for” violence by saying bad things to their partners
e.g. Men can lose control and kill their partners in “crimes of passion”

9. Assess the use of defences to criminal charges in achieving justice
Partial Defences (to Murder): Provocation MOST SENSIBLE JUDGEMENT:
KEEP it
CASE: Singh v R (2012) (it IS achieving justice for women who were long term victims of
domestic violence)
MEDIA ARTICLES: but
Six years for killing sparks call for law review (SMH, 2012)
Bi-partisan call for NSW to ditch provoke defence (ABC, 2012)
CHANGE it
(so that men cannot argue that their wife offending their manhood
or a gay guy hitting on them counts as being provoked)
CONSEQUENCES:
After Singh was found guilty of manslaughter instead of murder by using the partial defence of provocation (he claimed he was
provoked by verbal abuse), there were questions in the media, and on both sides of politics, about whether the use of the use of the
partial defence of provocation was achieving justice. A lot of the outrage came after the sentencing (where he received only the
standard minimum non-parole period of 6 years). SO, the Select Committee on the Partial Defence of Provocation was formed in
NSW. The question was whether we should keep the partial defence or remove it (IS IT ACHIEVING JUSTICE?)
KEEP IT (it IS achieving justice) REMOVE IT (it is NOT achieving justice)
The Law Society of NSW and the Domestic Victoria abolished the defence in 2005 after the Victorian LRC concluded that allowing
Violence Coalition: Removing the defence the provocation defence “partly legitimates killings committed in anger”. This came
completely would disadvantage women around the same time as the R v Ramage (2004) case (11 years for killing his wife for
who suffered years of domestic violence and verbally abusing him).
then one day lost control. The R v Chhayi
(1992) case meant that women could use R v Won (2012) came after the Singh case (Won killed her wife’s lover after finding them
this PARTIAL defence when they weren’t in bed together). He received 7½ years, which added to the controversy about the way
under immediate threat (in which case they the defence is used.
could argue the COMPLETE defence of self-
defence), and this is a positive outcome for Homicides, homosexual advances and male honour (The Conversation, 2012): Gay
women. rights groups argue that the defence is used too frequently by men who kill other men
who make homosexual advances towards them (basically hit on them, the same way
FROM THE women get hit on all the time and don’t kill anyone). The case of Green v The Queen
(1997) showed that even the High Court was not willing to remove non-violent
HSC COURSE homosexual advance as a grounds for provocation! So they say remove it completely.

10. Law Reform
CONDITIONS that
give rise to law
reform
Changing social
values
If the law doesn’t change when our values as a society
change, then parliament is not doing what it is
supposed to do (represent us).
The law MUST keep up with changing social values,
otherwise people will be punished doing things that
are socially acceptable (or won’t be punished for
doing things that are no longer socially acceptable).

11. Law Reform
CONDITIONS that
give rise to law
reform
Changing social
values
EXAMPLE: The Partial Defence of Provocation (HSC ‘Crime’ topic)
(You get a lighter punishment if someone says
something that “makes” you lose control and kill them).
In Victoria, provocation was removed as a defence in 2005.
REASON 1: The Ramage Case, which freaked people out (wife told husband their marriage was
over so he killed her, saying that he was ‘provoked’ by what she said to him)
REASON 2: The idea of provocation reflects OLD social values
e.g. Women can be “asking for” violence by saying bad things to their partners
e.g. Men can lose control and kill their partners in “crimes of passion”

12. Law Reform
CONDITIONS that
give rise to law
reform
Changing social
values
EXAMPLE: The recognition of same sex relationships (HSC ‘Family’ topic)
1999: The NSW government passed the Property (Relationships) Legislation
Amendment Act 1999 so same-sex couples are counted as de facto couples
2008: The Commonwealth government passed the Family Law Amendment (De Facto
Financial and Other Measures) Act 2008 to allow separating same-sex de facto
couples the ability to have their case heard in the Family Court.
2012: Two bills (one from Labor, one from the Greens) were introduced into
Commonwealth parliament. There was an inquiry into whether the bills should
be passed. Despite strong public support, neither passed due to the Liberal Party.
2012-13: State same-sex marriage laws were on the table in the A.C.T., Tasmania, South
Australia, New South Wales, Western Australia and Victoria. At least ONE will
pass in at least one of those jurisdictions in 2013… probably…

13. Law Reform
CONDITIONS that
give rise to law
reform
Changing social
values
During the inquiry into the two gay marriage
bills in 2012, the public (SOCIETY!) were asked
to contribute and share their opinions about
their VALUES with the committee.
This included written submissions, but also
random phone calls.
Our law does not reflect our
changing social values
regarding same sex marriage.

14. Law Reform
CONDITIONS that
give rise to law
reform
New concepts of
justice
As society becomes more complex, our concepts
(“ideas”; “opinions”) of ‘justice’ change.
If the law is unable to deliver just (“fair”) outcomes,
there is a reason for law reform to happen.

15. Law Reform
CONDITIONS that
give rise to law
reform
New concepts of
justice
EXAMPLES: Youth Justice Conferencing (HSC ‘Crime’ topic)
Circle Sentencing (HSC ‘Crime’ topic)
In our criminal justice system, our idea of ‘justice’ has moved (for some
offenders) from trying to seek retribution/revenge to trying to
rehabilitate young offenders so that they do not to reoffend.
This has led to programs like Youth Justice Conferencing, where young people who commit
less serious crimes are able to work out their punishment with the people they have hurt.
There’s also a new concept of indigenous offenders being sentenced by
their own community to make them feel more ashamed.
This has led to the Circle Sentencing program, where indigenous offenders who plead guilty
are sentenced by the elders in their community (though the punishment itself is not
“Aboriginal” – it’s usually jail!).

16. Law Reform
CONDITIONS that
give rise to law
reform
New technology
As technology improves, the law has to try to keep up
and cover new types of technology used by:
1. Individuals
e.g. Criminals using the internet to trade in child pornography
2. Investigators
e.g. Police using new surveillance technologies

17. Law Reform
CONDITIONS that
give rise to law
reform
New technology
As technology improves, the law has to try to keep up
and cover new types of technology used by:
1. Individuals
e.g. Criminals using the internet to trade in child pornography
2. Investigators
e.g. Police using new surveillance technologies

18. Law Reform
CONDITIONS that
give rise to law
reform
New technology

19. Law Reform
CONDITIONS that
give rise to law
reform
New technology
The Crimes Legislation Amendment Act 2004 (NSW) made it illegal to
take photos or videos (e.g. with camera phones) of people when they
are unaware of it, or undressed (the law only covers doing “for sexual
gratification” though – so if you can argue it was for “something else”,

20. Law Reform
CONDITIONS that
give rise to law
reform
New technology
As technology improves, the law has to try to keep up
and cover new types of technology used by:
1. Individuals
e.g. Criminals using the internet to trade in child pornography
2. Investigators
e.g. Police using new surveillance technologies

21. Law Reform
CONDITIONS that
give rise to law
reform
New technology
As technology improves, the law has to try to keep up
and cover new types of technology used by:
1. Individuals
e.g. Criminals using the internet to trade in child pornography
2. Investigators
e.g. Police using new surveillance technologies

22. Law Reform
CONDITIONS that
give rise to law
reform
New technology
Laws that control police use of technology
Telecommunications (Interception) Act 1979 Covers phone taps
(police can’t get one without a warrant)
Surveillance Devices Act 2004 Covers other police surveillance
(“bugs” in houses, video surveillance, etc)
Law Enforcement (Powers and Responsibilities) Police have to tell you you’re being recorded
Amendment (In-car Video System) Act (by their in-car camera and microphone)
Laws that control employer use of technology
Workplace Video Surveillance Act 1998 Bosses need to tell their employees that
they’re being recorded (and never in
bathrooms or change rooms)
Privacy Amendment (Enhancing Privacy Bosses are responsible for protecting
Protection) Act 2012 customers’ private information