4.2.2 Means by which individuals can influence law reform: Court

True or false: If the parliament has passed a law that is unclear or unfair, the legislation can be challenged through the court system.

• True
• False

Ursula wants to be registered in Victoria as neither male or female, but this has been rejected. Should Ursula initiate a claim in court to change the law?

• No – Ursula’s petition is likely to be rejected given the decision in the NSW Registrar of Births, Deaths and Marriages v Norrie case.
• Yes – Ursula’s petition is likely to be accepted given the decision in the NSW Registrar of Births, Deaths and Marriages v Norrie case.

'A Latin term meaning “beyond the powers”; a law made beyond (i.e. outside) the powers of the parliament.’ The text above is a definition for an important legal term. Select the correct term from the list below.

• ad hoc
• actus rea
• mens rea
• ultra vires

Complete this sentence: If the parliament has passed a law that is unclear or unfair, the legislation can be challenged through the court system in the hope that …

• a High Court judge will hear about it and want to take on the case.
• a judge will interpret and clarify the meaning of the law in their favour.
• a judge will change the law to suit them.
• the media will pick up the case and put political pressure on the courts to change the law.

‘Explain how an individual can influence law reform through the courts.’ By using the task word ‘explain’, what is this question asking you to do?

• Describe the differences and distinctive characteristics.
• State or recognise a feature or factor (and possibly provide some basic facts about it).
• Clarify a point, feature or concept by describing it in more detail or revealing relevant facts about it.
• Show (or prove) a statement, opinion or contention to be right or reasonable by providing evidence or examples.