Characteristics of an Effective Law | VCAA Study Design 2024-2028

1.1.3 Characteristics of an effective law VCAA Study Design 2024 - 2028  1.1.3 Characteristics of an effective law Let’s brainstorm… What do you think the characteristics of an effective law are? It might help you to reframe the question in terms of what characteristics would make a law ineffecti...

1.1.3 Characteristics of an effective law VCAA Study Design 2024 - 2028  1.1.3 Characteristics of an effective law Let’s brainstorm… What do you think the characteristics of an effective law are? It might help you to reframe the question in terms of what characteristics would make a law ineffective. 1.1.3 Characteristics of an effective law The characteristics of an effective law stated in the VCAA study design are: 1. Reflecting Society’s values 2. Enforceable 3. Known 4. Clear and Understood 5. Stable We will look at each characteristic in turn…  1.1.3 Characteristics of an effective law REFLECTING SOCIETY’S VALUES  A law reflecting society’s values is one that reflects what the majority of society accepts and believes in. This is important because members of society are more inclined to follow a law they believe in, rather than disregard it. This means laws need to be changed and amended regularly to reflect shifting values.  In Australia, our representative government is elected by the people to represent the interests of voters in law- making.  1.1.3 Characteristics of an effective law REFLECTING SOCIETY’S VALUES  On 28 November 2024 the Commonwealth Parliament passed the ‘Online Safety Amendment (Social Media Minimum Age) Bill 2024’ banning children under 16 years of age from social media including X, Instagram and Snapchat.  The new law will come into effect in late 2025 to give tech-giants time to plan for compliance. The legislation requires them to take ‘reasonable steps’ to prevent users under 15 from having accounts. Platforms that don't comply could face fines of up to A$49.5 million.  There are no exemptions for existing users, or those with parental consent.  The government says the ban is needed to protect young people from the ‘harms’ of social media, such as bullying, abuse, and harmful messages. Others say implications for privacy and social connection have not been considered.  1.1.3 Characteristics of an effective law ENFORCEABLE  The characteristic of enforceability means it must be possible to monitor whether people follow the law and provide consequences for people who do not. If a law cannot be enforced people are less likely to abide by it e.g. jaywalking and underage drinking.  Law enforcement agencies can utilise up-to- date technology to improve enforcement. For example, police using new technology to New road rules come into effect in Victoria | 7NEW detect drivers not wearing a seatbelt or using S (youtube.com) their mobile phones while driving. 1.1.3 Characteristics of an effective law KNOWN  A law is known if changes are clearly communicated, and people are given time to become familiar with the new law. However, ignorance of the law is not a defence.  Knowledge of the law means that members of society are less likely to break the law.  New laws are usually reported in the media, often following a great deal of discussion before changes are made.  For example, in 2020 and 2021, the Victorian Government accessed powers it had pursuant to the Declaration of a State of Emergency in Victoria to enforce compulsory lockdowns and isolation requirements throughout the State. Daily press conferences were held to announce changes to lockdown restrictions. Widespread daily media coverage also ensued. Changes to restrictions were always announced in advance to allow the public time to familiarise themselves with any new requirements.  1.1.3 Characteristics of an effective law CLEAR AND UNDERSTOOD Consider the complexity of the following excerpt  Laws must be clear and understood by from the Crimes Act which may need to be the community. explained to the public in simpler terms…  Simple, clear language should be used when writing laws. If the law is ambiguous, CRIMES ACT 1958 - SECT 6B unclear or written in language/jargon that Survivor of suicide pact who kills deceased party is guilty of people don’t understand, it is possible manslaughter people won’t follow it and the law will be (1) Where upon the trial of a person for the murder of another ineffective. person the jury are satisfied that the accused caused or was a  Because laws are drafted in Parliament ‘in party to causing the death of that other person by a wilful act or omission but are satisfied on the balance of probabilities that futuro’ (ahead of time, they are often the act was done or the omission made in pursuance of a written broadly to try and capture suicide pact then the jury shall, notwithstanding that the unforeseen circumstances. This can circumstances were such that but for the provisions of this sometimes increase the length and section they might have returned a verdict of murder, return a complexity of a law. verdict of manslaughter in lieu thereof.  1.1.3 Characteristics of an effective law STABLE  Effective laws should be stable, meaning they should not change so frequently that they are difficult to keep up with. Effective laws should be implemented for a reasonable period of time, so the community can become familiar with them and clarify expected behaviours.  For example, there have been very few changes to the law relating to theft in Australia. It has always been a crime, so there is certainty that stealing is against the law.  1.1.3 Characteristics of an effective law EVALUATION Law: Ban on social media for young people under 16 years of age. Discuss as a group All criteria present Criteria not present whether you think this law will be 5 4 3 2 1 effective. Scaffold Reflecting your discussion by society’s ranking the values proposed law Enforceable according to each of the characteristics of Known an effective law. You must be able to justify your rating of Clear and each characteristic Understood in terms of the law’s Stable particular strengths and weaknesses. We will share our  Characteristics of an effective law  Can you come up with a mnemonic device to help you recall the characteristics of an effective law? You can record this in your workbook at p.12. Workbook Activity  Complete Q1-3 on p.12-14 of your Workbook. Please note that you have a choice as to whether you answer Q3(a) or Q3(b).