U4AOS2Topic 1: The reasons for law reform

Study design dot point:

Reasons for law reform

Note:

The key skill for this study design dot point is: "Explain the reasons for law reform...,using examples." Thus, VCAA expects you to have examples of some examples of reasons for law reform. It's uncertain whether they'd expect you to have at least one example for each reason, but it would be best to have a few varied ones up your sleeve. Also, there's no definitive list of correct "reasons" established by VCAA. The Edrolo or Oxford textbook may differ slightly in the wording, but that is fine. Just make sure to focus on the reason for why law reform was/is required in different contexts, and you're good.

The reasons for law reform include:

Changes in beliefs or shifts in societal/communal values:

As society continues to progress, we slowly notice a shift in the values, beliefs and attitudes we hold over time. Society is always changing, and our laws need to be created in such a way that they reflect these changes. The effectiveness of a law is also largely contingent on whether it reflects society's values. Notably, as knowledge increases and society becomes more educated about societal issues, community values typically change. However, if laws are constantly changed rapidly, the community may be hesitant to accept them, and thus the law will be met with some form of resistance.
Parliament can gauge changing societal or communal values in various ways, such as through observing changes in opinion polls, hosting consultations with the broader community and receiving their input on societal issues plaguing them, or observing events such as demonstrations or petitions. The government should also be representative of the values of the people, so it is considerably important for them to consider the changing attitudes of the broader population so that they are able to better represent the community. Otherwise, they risk being voted out at the next election.

Real world example:

Anti-Vilification and Social Cohesion Laws: The state parliament was pushed to take a tougher stance on the rising hate speech targeting vulnerable communities in society, including women, people with disabilities, LGBTQIA+ individuals, and people of diverse gender identities and sexual orientations. This legislation (Justice Legislation Amendment Act 2024) was initially passed in 2024 but was amended (Anti-vilification and Social Cohesion Act 2025) in 2025 to close gaps in the law, as existing vilification laws had primarily focused on race and religion. The Act now extends protections to sex, sexual orientation, gender identity, disability, and HIV/AIDS status. The "Sam Kerr Clause" serves to protect free speech while preventing instances of hate. This law reform reflects shifting community values around equality, dignity, and the inclusion of society's diverse nature. "It's great to see such a strong law come to fruition after thorough consultation...If not ourselves, it's a colleague or a friend - we all know someone who experiences hate...When people can rely on effective safeguards from hate as a basic human right - it's a win for everyone in Victoria," said Commissioner Allen (https://www.humanrights.vic.gov.au/news/stronger-protections-against-hate-a-welcome-win-for-victoria/)

Technological Advancements:

Technology is rapidly evolving over time, and as a result, the current laws we have may not be sufficient in addressing newer forms of technology that potentially require regulation. In some cases, new technology may be created in such a way that it could harm or exploit people, and as a result, laws need to be altered or created to prevent individuals from being harmed. The most prevalent example is the pervasive issue of cyber-criminals who attempt to access, disclose (or pass on), or delete personal information from secured databases without the consent of the individual. These cyberattacks breach the right to privacy and have the potential to cause immense financial loss and stress to both individuals and businesses.

Real world example:

Drugs, Poisons and Controlled Substances Amendment (Pill Testing) Bill 2024: Victoria has become the first state in Australia to pass legislation explicitly supporting pill testing services. This reform is a direct response to technological advancements in the development of accurate and portable drug testing equipment. These innovations now enable health professionals to conduct on-site analysis of illicit substances at events such as music festivals. Importantly, under the new legislation, no criminal offence is committed by those operating or using these services. Pill testing technology allows for the identification of harmful or potentially fatal substances within pills, capsules, powders, crystals, or liquids. The law was therefore updated to reflect the capabilities of modern technology and to reduce harm by providing users with critical health information and access to support services.

Greater need for the protection of individuals within society:

Our society is increasingly diverse, and as a result, the law must be continually reformed to ensure that all individuals and groups — particularly vulnerable members of society — are adequately protected. Certain groups, such as children, people with disabilities, or minority communities, may face specific risks or possess unique needs that require tailored legal protection. Law reform plays a critical role in recognising these vulnerabilities and implementing safeguards to prevent exploitation, abuse, or neglect. For instance, children are particularly susceptible to harm, and thus, legal changes are often necessary to uphold their rights and protect their well-being. Reforms that strengthen penalties for child abuse, improve child-protection frameworks, or regulate online safety are all examples of how the law evolves to promote the welfare of vulnerable individuals and, by extension, preserve the safety and integrity of society as a whole.

Real world example:

Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022: Victoria became the first Australian state to criminalise the public display of Nazi symbols, such as the swastika. This legislation was introduced in response to rising incidents of antisemitism targeting vulnerable ethnic groups. It banned the public display of symbols associated with the Nazi regime, except in educational, religious, or cultural contexts. In 2023, the Summary Offences Amendment (Nazi Salute Prohibition) Act further criminalised the performance of the Nazi salute, reflecting the state’s strong commitment to eradicating symbols and gestures linked to hate and extremism.