Victorian Law Reform Commission (VLRC) Inquiry: Inclusive Juries

Role of the Victorian Law Reform Commission (VLRC)

• The VLRC is Victoria’s leading independent law reform organisation.
• Role: To review, research, and make recommendations to the Victorian Parliament about potential changes to Victoria’s laws.
• Purpose: To provide impartial advice on areas of law reform.
• Independence: Operates independently of the government, ensuring objective and unbiased recommendations.
• Referrals: Receives terms of reference from the Attorney-General, outlining the specific area of law to be reviewed.
• Process:
  1. Receives a reference (a request) from the Attorney-General to inquire into a specific area of law.
  2. Conducts research and consultations with experts, stakeholders, and the public.
  3. Releases a consultation paper outlining the issues and possible options for reform.
  4. Considers submissions and feedback received during the consultation process.
  5. Releases a final report with recommendations for law reform.
• Influence: While Parliament is not bound to implement VLRC recommendations, they are often highly influential in shaping law reform.

KEY TAKEAWAY: The VLRC provides independent, expert advice to the Victorian Parliament on law reform, playing a crucial role in ensuring laws remain relevant and effective.

VLRC Inquiry: Inclusive Juries (2021-2023)

Background

• Terms of Reference: The VLRC was asked to consider whether the law should be reformed to improve access to jury service for people who are deaf, hard of hearing, blind, or have low vision.
• Rationale: Concerns that existing laws and practices may unfairly exclude these individuals from participating in jury duty, infringing on their right to civic participation and potentially affecting the representativeness of juries.
• Focus: The inquiry focused on identifying barriers to jury service and recommending practical changes to promote inclusivity.

Issues Examined

• Legal Framework: The Juries Act 2000 (Vic) and its impact on people with disabilities.
• Practical Barriers:
  • Communication barriers for deaf and hard of hearing individuals.
  • Accessibility of court facilities and jury materials for blind and low vision individuals.
  • Availability of appropriate support and accommodations.
• Impact on Jury Deliberations: Concerns about the ability of jurors with disabilities to fully participate in and understand evidence and deliberations.
• Representation: The importance of diverse juries reflecting the broader community.

VLRC Recommendations

The VLRC made several key recommendations to improve jury inclusivity:

1. Amendments to the Juries Act 2000 (Vic):
   • Clarify that people with disabilities are eligible for jury service, provided they can perform the essential functions of a juror with reasonable adjustments.
   • Remove blanket exclusions based solely on disability.
2. Reasonable Adjustments:
   • Require courts to provide reasonable adjustments to enable people with disabilities to serve on juries.
   • Examples of adjustments:
     • Auslan interpreters for deaf jurors.
     • Assistive listening devices for hard of hearing jurors.
     • Braille or large-print versions of documents for blind or low vision jurors.
     • Screen readers or other assistive technology.
3. Training and Education:
   • Provide training for court staff, judges, and legal practitioners on disability awareness and reasonable adjustments.
   • Develop educational resources for potential jurors with disabilities.
4. Accessibility of Court Facilities:
   • Ensure court buildings and jury rooms are physically accessible.
   • Provide accessible formats for all jury-related materials.
5. Support Persons:
   • Allow jurors to be assisted by a support person where necessary.
6. Use of Technology:
   • Explore the use of technology to facilitate communication and access to information for jurors with disabilities.

Impact and Influence

• Government Response: The Victorian Government has indicated support for the VLRC’s recommendations.
• Potential Law Reform: The VLRC’s report is expected to lead to amendments to the Juries Act 2000 (Vic) and changes to court practices.
• Improved Inclusivity: The reforms aim to increase the representation of people with disabilities on juries, promoting a more inclusive and representative justice system.
• Broader Implications: The inquiry highlights the importance of removing barriers to civic participation for people with disabilities and ensuring equal access to justice.

APPLICATION: The Inclusive Juries inquiry illustrates how law reform bodies can address systemic inequalities and promote a more inclusive legal system.

Factors Affecting the VLRC’s Ability to Influence Law Reform

• Government Support: The willingness of the government to accept and implement the VLRC’s recommendations.
• Community Support: Public support for the proposed reforms.
• Resources: The availability of resources to implement the recommendations.
• Political Considerations: The political climate and priorities of the government.
• Clarity and Feasibility: The clarity and practicality of the VLRC’s recommendations.

EXAM TIP: When discussing VLRC inquiries, be specific about the recommendations made and their potential impact on the legal system.

VLRC Inquiry: Stalking (2020-2022)

Background

• Terms of Reference: The VLRC was asked to review Victoria’s stalking laws and make recommendations for reform.
• Rationale: Concerns that existing laws were not adequately addressing the evolving nature of stalking, particularly in the digital age, and were failing to adequately protect victims.

Issues Examined

• Definition of Stalking: Whether the current definition of stalking in the Crimes Act 1958 (Vic) was sufficiently broad and clear.
• Online Stalking: How to effectively address stalking behaviours that occur online, including cyberstalking, harassment, and image-based abuse.
• Impact on Victims: The serious psychological, emotional, and physical harm caused by stalking.
• Sentencing: Whether current sentencing practices adequately reflected the seriousness of stalking offences.
• Intervention Orders: The effectiveness of intervention orders in protecting victims of stalking.

VLRC Recommendations

The VLRC made numerous recommendations, including:

1. Amend the Definition of Stalking:
   • Expand the definition of stalking to include a wider range of behaviours, including indirect contact through third parties and online activities.
   • Clarify that stalking can occur even if the victim is not aware of the stalker’s actions.
2. Create Specific Cyberstalking Offences:
   • Introduce specific offences to address online stalking behaviours, such as cyber harassment, doxxing, and the non-consensual sharing of intimate images.
3. Enhance Intervention Orders:
   • Make it easier for victims of stalking to obtain intervention orders.
   • Strengthen the enforcement of intervention orders.
4. Improve Sentencing Practices:
   • Increase the maximum penalties for stalking offences.
   • Provide guidance to courts on sentencing considerations in stalking cases.
5. Training and Education:
   • Provide training for police, prosecutors, and the judiciary on stalking and its impact on victims.
   • Raise public awareness about stalking and its consequences.

Impact and Influence

• Government Response: The Victorian Government has committed to implementing many of the VLRC’s recommendations.
• Law Reform: Amendments to the Crimes Act 1958 (Vic) have been introduced to strengthen stalking laws.
• Improved Protection for Victims: The reforms aim to provide better protection for victims of stalking, particularly in the online environment.
• Increased Awareness: The inquiry has raised public awareness about the seriousness of stalking and the need for effective legal responses.

COMMON MISTAKE: Confusing the roles of the VLRC and Parliament. The VLRC makes recommendations, while Parliament is responsible for enacting laws.

Comparing Inclusive Juries and Stalking Inquiries

VCAA FOCUS: Understanding the VLRC’s role in identifying the need for law reform and its ability to influence changes in the law is crucial for VCAA exams.