The Conception, Gestation and Birth of Legislation: The Sexual and Violent Offence Legislation Amendment Act 2008

Abstract

This paper examines the historical antecedents and political processes behind the Sexual and Violent Offences Legislation Amendment Act 2008 (ACT). The process by which this Act came to be provides a fascinating case study of the importance of individuals in institutional law reform. This Act was the product of the work of many ACT government and non-government organisations; however, in the end, what was necessary for these recommendations to translate into law were influential people, with a vested interest in the area of sexual assault law reform. In addition, the process of enactment illustrates how the final product of law reform can differ greatly to the original cognitive conception behind the reforms, which can result in the reforms not achieving their aims.

Keywords: sexual assault law reform, serendipity of law reform, political and lobbying processes

JEL Classification: K00