1.6 – The role of the Victorian Law Reform Commission (VLRC) The Victorian Law Reform Commission (VLRC)

1.6 – The role of the Victorian Law Reform Commission (VLRC)

The Victorian Law Reform Commission (VLRC)http://www.alrc.gov.au/

http://www.alrc.gov.au/30-years-law-reform

http://www.lawreform.vic.gov.au/

Unit 3 Legal Studies - GSC 1

Background The Victorian Law Reform Commission (VLRC) was established under

the Victorian Law Reform Commission Act 2000 (Vic), and opened on 6 April 2001.

It is an independent body but government funded

Role is to assist in co-ordinating law reform in Victoria

The chairperson (Justice Phillip Cummins) and commissioners (QC’s, Lawyers etc) work on different projects (reference)

Made up of various organisations eg. Equal Opportunity, Human Rights, Legal Aid


Background

The primary function of the commission is to provide independent advice to the Victorian Government on law reform relating to Victorian law.

Like its federal counterpart (the Australian Law Reform Commission), the commission is required to report on issues referred to it by the Attorney-General.


Law reform Bodies

The VLRC are not the only organisation in Victoria working on law reform. The Sentencing Advisory Council and the Parliamentary Law Reform Committee also look at ways to reform Victorian laws. Organisations like the Law Institute of Victoria and community legal centres regularly contribute to law reform projects.


Make-up of the ALRC

One full-time president

four part-time commissioners

One full time commissioner http://www.alrc.gov.au/about/commissioners

Also employs policy and research officers who perform tasks associated with current reviews.


Make-up of the VLRC

The Victorian Law Reform Commission has six part-time Commissioners and a Chairperson.

Each of the Commissioners works intensively on one or more projects in what are called divisions of the Commission. All Commissioners are involved in decision making about the recommendations in reports published by the Commission.

The Chairperson and part-time Commissioners are appointed for terms determined by the government.

The Commissioners are supported by staff who organise and undertake consultations, research, write and publish the Commission’s publications.


Make-up of the VLRC

Chairperson - The Hon Philip Cummins Commenced as Chair of the Victorian Law Reform

Commission on 1 September 2012, was a Judge of the Supreme Court of Victoria from 1988 to 2009. He served in all of the Supreme Court Divisions and in the Court of Appeal, including as Senior Judge of the Trial Division of the Court and Principal Judge of the Criminal Division. In addition to being Chair of the VLRC, Philip is also Chair of the Victoria Law Foundation and is a member of the Law School at the University of Melbourne. He holds several university degrees including a Master of Laws and Master of Science (Psychiatry) and is a Senior Fellow (Hon) in the Law School at Melbourne University.


Powers of the VLRC

1. Make law reform recommendations on matters referred to it by the Attorney-General

2. Make recommendations on minor legal issues of general community concern

3. Suggest to the Attorney General that he or she refer a law reform issue to the commission

4. Educate the community on areas of law relevant to the commissions work

5. Monitor and coordinate law reform activity in Victoria


Role of the VLRC

Undertake research and make recommendations for change

Develops, monitors and coordinates law reform Issues are given to them by the Attorney- General This is called ‘terms of reference’ Can also make recommendations for change not

referred to by the Attorney General (Minor Matters/Use minimal resources)

Consult with community and advise ways to improve Victorian law



• Ensures the legal system meets the needs of the Victorian community

• It is responsive to issues raised by individuals and lobby groups

• Considers newly emerging rights and responsibilities

• Consults expert bodies in the area under review

Role of the VLRC …cont’d

Ideas for new References

Commission itself comes up with ideas

People lobby the government

Members of parliament suggest on behalf of people in their electorate

Court cases can highlight a problem with the current law

Via the website suggestions can be made


General process

1. Undertake research and consultation in an area of law

2. Publish discussion paper which explains issues and asks community questions

3. Invites written submissions from interested individuals or groups

4. Publish a report with recommendations

5. Table the report in the Victorian Parliament

6. Parliament decides whether to implement the recommendations in whole or part


The Law reform Process


MAKE YOUR OWN FLOWCHART

4002-LRC+Law+Reform+in+Action+Poster_final.pdf

Projects

Some of the inquiries/projects carried out by the Commission include: Defences to Homicide 2001 Sexual Offences 2001 Privacy 2001 Compulsory treatment & care of people with an Intellectual Disability 2001 Family Violence 2002 Assisted reproduction technology & adoption 2007 Abortion 2008 Surveillance in public places 2010 Sex Offenders Registration 2011 Guardianship 2012


Involving the Community


The Commission encourages a broad cross section of the Community to become involved in the law, eg:• Indigenous Australians• People from non-English speaking backgrounds• People in rural areas• People with disabilities

Once a group has been identified as the community who will be affected by the laws under investigation the Commission will meet them to get their input into the project.

Advisory Groups


For most projects the Commission will assemble an Advisory group to help guide it in the exploration of the issues. These members are selected because of their expertise in the issues relevant to questions being considered.

EgYouth Affairs Council of VictoriaDisability Advisory CouncilEqual Opportunity Commission of VictoriaVictoria Police

Submissions


The Commission asks the community to respond to a project through a submission process

A submission can be anything from a couple of sentencessent by email, a phone conversation, or a written document

For widespread and controversial projects there may be forums and workshops organised to gauge public opinion

CASE STUDY

Surveillance In

Public Places

http://www.lawreform.vic.gov.au/

sites/default/files/Surveillance_final_report.pdf


Background

Government agencies, private organisations and individuals use public place surveillance extensively. Victorians can expect to be observed, recorded and tracked while engaging daily activities in streets, shopping centres and major public venues.

The capabilities of surveillance devices are also increasing rapidly. Surveillance devices are able to locate individuals in a crowd, determine identity, track movements, record conversations, and compile and share this information almost instantaneously. As technologies become more sophisticated, so, too, do the applications for which they are used. For example, devices may be used at airports to see through passengers’ clothing, or identify individuals from within hundreds of cars on a freeway.

Many groups within our community rely heavily on surveillance technology in their everyday activities, including police, transport operators, retailers, private investigators, sports venues and journalists. Surveillance serves a number of important purposes, including the promotion of public safety, the prevention and investigation of crime, and newsgathering


Prior to VLRC Recommendations

There is little regulation of the use of surveillance devices in public places. Existing laws are unclear, they have not kept pace with technological change, and they do not appear to be actively enforced.

There is a widespread uncertainty among surveillance users and the community about which surveillance activities are permitted in public places.



Should this be enough








Unit 3 Legal Studies - GSC 29SMILE





Terms of Reference

This report completes a two-stage inquiry into the widespread use of privacy invasive technologies.

The first stage of our inquiry dealt with workplace privacy, while this report deals with the growing use of surveillance in public places.

The specific terms of reference for this project were:


Surveillance in Public Places

Whether legislative or other measures are necessary to ensure that there is appropriate control of surveillance, including current emerging methods of surveillance.


The Issues

The VLRC sought answers to why surveillance is being used; and how is it controlled

Once it investigates these issues it will decide whether it needs to propose new ways of regulating surveillance


Examples of surveillance CCTV GPS tracking of vehicles Listening devices Number plate recognition Body imaging eg X-ray machines Use of cameras in public

places/streets/shopping centres Biometrics eg iris fingerprints,

scanning Monitoring of mobile phones,

internet, emailUnit 3 Legal Studies - GSC 37

Where are they used?

Shopping centres

Airports

Private spaces, eg shops

Cinemas

Public transport

Sporting events/venues


Who uses them? Police Nightclubs Melbourne City & other Councils Schools Public transport Private investigators Individuals i.e parents Stadiums Journalists Shopping Centres WHO IS WATCHING YOU??????


Why are they used?

Crime prevention (minor offences)

Crime investigation

Public safety

News gathering

Voyeurism


So what’s the problem?

Some groups are affected more than others; Youth Homeless Ethnic minorities Social groups Mentally ill

Let us also think of:

7News - Retracing Jill Meagher's final hours https://www.youtube.com/watch?

v=sbIdH8WNmKkUnit 3 Legal Studies - GSC 41

VLRC Recommendations

In May 2010 the VLRC delivered its recommendations .

The VLRC report contains 33 recommendations for reform.

The proposed regulatory model encourages the

responsible use of surveillance in public places.

It balances this with the protection of individual rights, especially the right to privacy.


Documents

1.6 – The role of the Victorian Law Reform Commission (VLRC) The Victorian Law Reform Commission (VLRC)