Law Reform Bodies: Royal Commissions and Parliamentary Committees

Role of Royal Commissions and Parliamentary Committees

• Law Reform Bodies: Organisations established to investigate and provide recommendations for changes to the law.
• Royal Commissions:
  • Independent inquiries established by the government to investigate specific issues of public importance.
  • Powers to:
    • Summon witnesses
    • Compel evidence
    • Examine documents
  • Make recommendations to the government, which are not binding but often influential.
• Parliamentary Committees:
  • Groups of members of parliament (MPs) appointed to investigate specific issues.
  • Can be Senate Committees, Joint Committees (members from both houses), or House of Representatives Committees.
  • Investigate issues, gather evidence, and present reports to parliament with recommendations.
  • Recommendations are not binding, but can influence parliamentary debate and law-making.

KEY TAKEAWAY: Royal Commissions and Parliamentary Committees play a vital role in investigating complex issues and recommending law reforms to the government.

Ability to Influence Law Reform

• Royal Commissions:
  • Influence:
    • Raising public awareness of issues.
    • Providing detailed evidence and analysis.
    • Recommending specific law reforms.
  • Limitations:
    • Recommendations are not binding.
    • Government may choose not to implement recommendations.
    • Can be costly and time-consuming.
• Parliamentary Committees:
  • Influence:
    • Allowing for in-depth examination of issues by elected representatives.
    • Providing a forum for public submissions and expert testimony.
    • Generating debate and discussion in parliament.
  • Limitations:
    • Recommendations are not binding.
    • Can be influenced by political considerations.
    • May lack the resources or expertise of a Royal Commission.

EXAM TIP: When discussing influence, provide specific examples of how a recommendation led to an actual change in the law or government policy.

Recent Royal Commission Inquiry: Royal Commission into Family Violence (2015-2016)

Background

• Established in 2015 by the Victorian Government.
• Terms of Reference: To inquire into and make recommendations about how to reduce family violence in Victoria.
• Significant because of the pervasiveness and severity of family violence in the state.

Key Findings and Recommendations

• Findings:
  • Family violence is widespread and has devastating impacts on individuals, families, and communities.
  • Systemic failures in the response to family violence.
  • Need for a coordinated, integrated approach involving government, community organisations, and individuals.
• Recommendations:
  • Establishment of Respect Victoria to drive cultural change.
  • Creation of dedicated Family Violence Courts.
  • Investment in specialist family violence services and support.
  • Improved information sharing between agencies.
  • Legislative reforms to better protect victims and hold perpetrators accountable.

Impact and Law Reform

• Government Response:
  • Accepted all 227 recommendations.
  • Committed significant funding to implement the recommendations.
• Law Reform:
  • Family Violence Protection Act 2008 amendments:
    • Strengthened intervention order system.
    • Introduced new offences related to family violence.
    • Improved information sharing between agencies.
  • Support and Safety Hubs (The Orange Door): Established to provide integrated support for victims and perpetrators.
  • Victorian Royal Commission Implementation Monitor: Created to oversee the implementation of the recommendations.

Ability to Influence Law Reform: Royal Commission into Family Violence Example

• Positive Influence:
  • Comprehensive investigation led to a deeper understanding of the issue.
  • Recommendations were evidence-based and practical.
  • High level of public support for reforms.
  • Significant government investment in implementation.
• Limitations:
  • Implementation is ongoing, and challenges remain.
  • Cultural change takes time.
  • Some recommendations have been difficult to implement fully.

COMMON MISTAKE: Students often confuse the findings of the Royal Commission with the actual law reforms that resulted. Be clear about the distinction.

Summary Table: Royal Commission into Family Violence

STUDY HINT: Create a timeline of the Royal Commission, its key findings, recommendations, and the resulting law reforms to understand the sequence of events.

Comparing Royal Commissions and Parliamentary Committees

APPLICATION: Royal Commissions are often used for complex, sensitive issues requiring in-depth investigation, while Parliamentary Committees are used for issues requiring parliamentary oversight and debate.

VCAA FOCUS: Be prepared to evaluate the effectiveness of Royal Commissions and Parliamentary Committees in influencing law reform, considering both their strengths and limitations.