‘Formal law reform bodies such as the Australian Law Reform Commission, parliamentary committees, the Victorian Law Reform Commission, government inquiries and royal commissions play an important role in the process of changing the law.’ Select one of the formal law reform bodies listed above and explain its role in assessing the need for change in the law. - VCE - SSCE Legal Studies - Question 3 - 2007 - Paper 1

For this question, I will select the Australian Law Reform Commission (ALRC).

The ALRC plays a crucial role in assessing the need for change in the law through several key activities:

1. Reviewing the Current Law

The ALRC examines existing laws to identify areas that may require reform based on their effectiveness, fairness, and relevance in contemporary society.

2. Researching the Law in Practice

By investigating how laws operate in real-life situations, the ALRC gains insights into problems or gaps in legislation that impact the public.

3. Identifying Issues and Problems

The Commission actively engages with the community, stakeholders, and experts to uncover any deficiencies or issues within the current legal framework.

4. Consulting the Public and Interested Parties

The ALRC consults with the public and various interest groups to gather diverse perspectives on the law, which informs its recommendations.

5. Formulating Reports

Based on its findings, the ALRC formulates comprehensive reports that include recommendations for law reform, thereby guiding legislative change.

Important Note

While the ALRC's role is to research and recommend changes, it does not have the power to change laws directly. The responsibility for accepting the recommendations lies with the government, which may then draft a Bill for parliamentary consideration.