Parliament and the courts: Reforming the law

The four videos in this series feature extracts from a panel conversation on 21 July 2022, hosted by the Parliament of Victoria and Victoria Law Foundation.

• Processes for reforming the law
• Interpreting and applying the law
• Law reform case study: Voluntary assisted dying
• Influences on law reform

Participants included Justice Michelle Quigley QC from the Supreme Court and President of the Victorian Civil and Administrative Tribunal, Brad Rowswell MP, Member for Sandringham, and Andrew Young, then Clerk of the Legislative Council and Clerk of Parliaments.

Panellists consider the various processes available to parliament for reforming laws, and to the courts, for interpreting and applying laws. They offer their unique perspectives and personal reflections on a range of topics, including:

• the passage of a law, including the amendment process of consideration in detail/committee of the whole
• the committee process
• the interpretation of laws available to the courts, such as Second reading debates and the explanatory memoranda
• the feedback mechanisms available to the courts
• societal expectations and the responsiveness of parliament
• the influence of outside organisations, such as media and lobbyists, on law reform

These videos are not intended to serve as a definitive resource for the topics covered, however, they do offer useful insights into the perspectives of the experts who took part in this conversation.

• About the panel

  

  The Hon. Justice Michelle Quigley QC

  Supreme Court Justice and President of VCAT 

  In December 2017, Justice Michelle Quigley QC was appointed as a Judge of the Supreme Court of Victoria. Justice Quigley was subsequently appointed as the President of the Victorian Civil and Administrative Tribunal (VCAT) from 1 June 2018. Her Honour is the first woman to hold that position.
  
  On commencing at the Victorian Bar in 1988 Justice Quigley developed a strong practice in administrative law, including planning and environmental law and land valuation and acquisition. Her Honour took silk in 2002. She taught Planning Law at the University of Melbourne as a visiting lecturer from 1994 to 2006.

   

  

  Brad Rowswell MP

  Member for Sandringham,
  Legislative Assembly

  Brad Rowswell MP was elected to the Victorian Legislative Assembly in November 2018, representing the seat of Sandringham. He serves as the Deputy Chair of the Integrity and Oversight Committee, which is responsible for monitoring and reviewing the performance of the Independent Broad-based Anti-corruption Commission, the Victorian Ombudsman, the Office of the Victorian Information Commissioner, and the Victorian Inspectorate. Mr Rowswell has also served as Liberal Party Whip in the Legislative Assembly since September 2021.

   

  

  Andrew Young

  Clerk of the Legislative Council
  and Clerk of the Parliaments

  Andrew was appointed to the position of Acting Clerk of the Legislative Council, Parliament of Victoria, in 2014. He assumed full appointment as Clerk in July 2015. The Clerk performs the role of principal adviser to the President and members of the Council and is the chief executive of the department of the Legislative Council. In August 2017, Andrew was sworn in as Acting Clerk of the Parliaments (Victoria), and assumed the full appointment on 5 January 2019.
  
  Andrew has served as Honorary Secretary of the Australian Study of Parliament Group (Victorian Chapter), President of the Australian and New Zealand Association of Clerks-at-the-Table (ANZACATT) from January 2016 to January 2018, and in October 2017 was appointed Honorary Secretary of the Commonwealth Parliamentary Association, Victoria Branch.

• Discussion questions

  Processes for reforming the law

  1. What processes exist in parliament for reforming the law?
  2. To what degree are the courts involved in the parliamentary processes of law reform?
  • Is this a limitation or a strength? Consider in your response the concept of separation of powers.
  3. What processes are available to the court to reform laws?
  • What are the limitations of these processes?
  • How might these processes be strengthened?
  4. What is the purpose of parliamentary committees?

  Interpreting and applying the law

  1. What processes are available to the courts to provide feedback on different laws?
  2. What parliamentary processes exist to help the courts interpret laws?
  • Consider how the Consideration of detail / Committee of the whole contributes to this process.
  3. Describe the process of drafting legislation and its implications for interpreting the laws, including the benefits and limitations of the process.
  • What recommendations would you make to strengthen this process?

  Law reform case study: Voluntary assisted dying

  1. What role does the community play in reforming laws, such as voluntary assisted dying legislation?
  • Consider the role of committee inquiries, Coroner’s Court, and consideration in detail/committee of the whole.
  2. Why might legislation, such as voluntary assisted dying legislation, be considered influential?
  3. What implications, both benefits and limitations, might there be for changing the language of an initial draft of a bill?

  Influences on law reform

  1. What reasons might there be for a law to be considered in need of urgent reform?
  2. What might be some of the benefits and limitations to urgently reforming a law?
  3. Parole eligibility and powers of specific local councils are two examples of laws that have been considered in urgent need of reform. What criteria would you apply to determine whether a piece of legislation is in urgent need of reform?
  • Should it only be determined by the majority agreement by both Houses of parliament, and therefore the 128 Members of Parliament, or are there other criteria that should apply? Explain your response.
• Classroom connections

  These videos are useful as either an introduction, consolidation or refresher to the concept law reform, especially for VCE Legal Studies. However, the videos can be used across multiple year levels and can be used in conjunction with a number of different resources, such as the separation of powers videos and the Law reform case study: Medically Supervised Injecting Centre e-book.

• Related resources

  Education blog: Reforming the law

  An education blog article produced after the 21 July 2022 panel event provides a brief overview of the considerations involved in changing the law and interpreting legislation.

  Reforming the law summary notes

  This PDF download provides a more detailed summary of the 21 July 2022 panel event, including some scenarios and examples that were explored throughout the course of this discussion. It also provides some additional information about the panel members who participated.

  Parliament and the courts: Separation of powers

  Hear from a panel of experts, representing parliament, government and the courts, who explore concepts surrounding the separation of powers, the evolution of this principle and its role as an accountability measure in our system of government.

  Law reform case study: Medically supervised injecting centres

  Explore the passage of the Pilot Medically Supervised Injecting Centre Bill 2017. A new resource for VCE Legal Studies teachers and students.