Recent changes and recommendations for change in the legal system designed to enhance its effective operation
Recommendations for change in the legal system have merely been proposed, while recent changes are recommendations that have been implemented. It is important to know this difference, as examiners may specifically ask for a change, or specifically for a recommendation. Discussing a recommended change when being asked to discuss an actual change will result in no marks being awarded. Furthermore, it is advisable to know at least three changes and three recommended changes, as examiners may ask how these address the three elements of an effective legal system (entitlement to a fair and unbiased hearing, effective access to the legal system, timely resolution of disputes).
Recommendations
| Recommendation | Benefit | Element of the legal system addressed |
| Increase funding for legal aid services | Would allow bodies such as Victoria Legal Aid to give legal advice to more people, and to represent people who could not afford legal representation. |
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| Loosen rules of evidence and procedure | Greater use of written evidence could reduce the time of a trial. |
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| Education programs for migrants and Aboriginal and Torres Strait Islander people | Greater provision of information about the law could help to ensure that all people in Australia understood the legal system they were under. |
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Recent changes
| Recent change | Benefit | Element of the legal system addressed |
| Court View: a system introduced to the Supreme Court in 2009 which allows legal counsel to file documents electronically. | More efficient use of technology, more effective and timely case management. | Timely resolution of disputes |
| Victorian Government passed legislation in 2011 to increase the use of infringement notices, which would reduce the number of summary offences being heard in court. | Expansion of infringement notices | Timely resolution of disputes |
| Judges are increasingly urging parties in a civil dispute to go through mediation and attempt an out of court settlement. | Increased use of alternative methods of dispute resolution |
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| Introduction of the County Koori Court.1 This acts as a sentencing court for Aboriginal and Torres Strait Islander offenders who have committed an indictable offence. | Includes the Aboriginal community in the legal system, and aims to rehabilitate offenders. |
|
See also:
Elements of an effective legal system
Problems and difficulties faced by individuals in using the legal system
County Koori Court, https://www.countycourt.vic.gov.au/county-koori-court ↩
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