Sometimes the event may be relatively minor, such as a single criminal case, yet it may highlight an inefficiency, loophole or shortcoming in existing laws. Sometimes law reform is driven not by social change but by procedure. Australia has thousands of laws, spread across numerous jurisdictions Federal, State and Territorial and made by numerous parliaments, court hierarchies and subordinate authorities.
These laws can be found in a vast body of statutes, court rulings, precedents, rules and regulations. All this can make the law confusing, contradictory or difficult to access. Sometimes legislators may act to limit this by passing one of the following:. Codifying legislation. This is a bill that sets an existing judicial precedent or statutory interpretation into legislation.
Codifying legislation ensures that these examples of court-made law are fixed in law and not subject to change by future court decisions. Complementary legislation. A bill which replicates legislation in another jurisdiction. This ensures uniformity of laws in separate parts of the same nation so that individuals in one place enjoy similar rights and laws as those in another. It then progresses to the other chamber. This is the final stage in the process by which a bill becomes an Act.
Once it has passed through all stages in both Houses, it is presented to the Governor whose formal approval is required. This is called assent. It might be instant or at a later date. Under Section 5 of the NSW Constitution Act, Money Bills Bills for raising or allocating money can only be introduced in the Legislative Assembly and if the Bill is part of the ordinary annual services of Government, the Legislative Council cannot prevent it becoming law. Before a bill is introduced into Parliament the Minister or private member introducing it gives notice of their intention to introduce the bill.
Bills can be introduced in both Houses. In the below example, we will imagine a bill has been introduced in the Legislative Assembly. Once it has gone through three stages, it is forwarded to the Legislative Council. A more detailed fact sheet is also available here. These are often referred to as delegated or subordinate legislation.
The law is constantly updated in line with social values, new concepts of justice, and in response to developments in new technologies. Real estate agents are bound by law to disclose certain information when selling a property. Agents have a responsibility to act in ways that treat consumers and the public fairly through disclosure and professional behaviour. As the values of society change, so too must the law. Otherwise, the law does not reflect the society it governs.
These grounds for divorce were covered under section 28, and included reasons such as adultery, criminal activity, or failing to consummate the marriage. Historically, communities have expected the law to regulate behaviour. Recently, these expectations have expanded.
For instance, federal and state parliaments have introduced legislation to protect people, and ensure their safety, rather than regulate them. Compulsory bike helmets, seatbelts in cars, and restrictions on smoking in public places and using mobile phones while driving are all examples of the law assuming a more protective role. People are arguably more aware of their rights and responsibilities now than in the past.
Therefore, they are likely to question law and demand change. In order to accommodate a perceived increased awareness, governments have established new methods of dispute resolution and new avenues of legal assistance. As people change the way they live and work, some laws may become obsolete. Or new situations may arise that no existing law deals with.
For example, old laws against theft did not foresee identity theft or online harassment. The same technology that enables one person to find information about another also makes it possible to steal information that was meant to be private.
More than just changing laws, we may need to change the system of law and justice itself. For instance, in our complex society it can take years to settle disputes. As our court system is stretched to the limit, other, less formal ways may help people settle their disputes. Some informal mediation methods, such as in landlord-tenant disputes, are already being used.
We may even need to change the system of law and justice itself. In our court system, it can take years to settle disputes.
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