The Legal System

Law Reform

The reasons why law changes are many. Often the need for change is expressed and defined by law reform organisations, royal commissions and the many other bodies that play an active role in trying to improve society, such as trade unions and political lobby groups.

Law Reform Commissions

The most formal mechanism is through a Law Reform Commission which is given the job of reporting to government about laws that need improving.

• The Commonwealth government has the Australian Law Reform Commission (ALRC -- www.alrc.gov.au), based in Sydney. The Commonwealth Attorney-General refers problem areas to the ALRC for advice. The public cannot directly approach the ALRC but it is committed to a consultative approach to law reform, and opportunities are available for the public to put forward views about its work
• In the ACT, the relevant body is the ACT Law Reform Advisory Council. The ACT LRAC responds to the Attorney General's request to investigate issues and make recommendations. The Council does not have the power to instigate its own inquiries. Neither can members of the public directly approach the Council, but they can often contribute to the process by making submissions on matters being investigated. The evidence of community groups with direct experience of people's problems with the law is particularly valuable.

It is up to the relevant government to decide whether to turn recommendations for reform into law.

Community Activism

However, it would be wrong to think that the only people who can change laws are parliamentarians. Community groups, activists and the business lobby all work for reforms to laws that interest and affect them from time to time. The community legal centre movement (see AssistanceWithLegalProblems) is actively involved in law reform, as are groups such as consumer activists, financial counsellors and the welfare community.

At any time, many activist groups in the community are working to change all sorts of laws, ranging from mandatory detention, abortion laws and the reintroduction of the death penalty through to duck shooting, animal welfare, environmental and planning laws and various civil liberty campaigns. The daily newspapers and the current affairs electronic media will give you an instant sample of what laws are under scrutiny at any given time.

If you are concerned about a particular law, the first person to approach is your local Member of the Legislative Assembly (MLA). A list of ACT MLAs, with links to contact details for each Member, is available on the ACT Legislative Assembly website.