Exam Overall Flashcards
When did federation occur and why?
- On 1st January 1901
National Defence Concerns: French in New Caledonia - too close for comfort, Germans in New Guinea and Samoa - colonial sea routes at risk, Russians - after Crimean War posed a threat as Britain was on other side, Australia built fortresses along seaports, which shows public fear. Immigration Concerns
Who is the head of state?
Queen Elizabeth II
Who represents queen at federal and state level?
- At Federal level the queen is represented by the Governor-General. Peter Cosgrove.
- At State level the queen is represented by each state’s governor. Linda Dessau.
What are other names for upper and lower house at State and Federal level?
- FEDERAL LEVEL
The uppers house is known as the Senate
The lower house is known as the House of Representatives - STATE LEVEL
The upper house is known as the legislative council
The lower house is known as the legislative assembly
Political party in power now
Liberal
Primeminister
Malcolm Turnbull
How many members in house?
- STATE LEVEL:
Lower house - legislative assembly has 88
Upper house - legislative council has 40 - FEDERAL LEVEL:
Lower house - house of representatives has 150
Upper house - Senate has 76
Who is the Premier?
Daniel Andrews
Names of the major political parties and two minor parties.
The major political parties - Liberal - Labour The Minor political parties - The Nationals - Green’s
Type of voting system used in Australia, who can vote, when elections are held?
Preferential system who can vote any citizen of Australia, who is over the age of 18 and who is registered to vote.
Who are the three separation of powers?
The three bodies are Judicial (high court and federal courts), executive (queen and pm and ministers) and legislative
What’s Bicameral?
Consists of 2 houses and queen
What’ a backbencher?
A Minister that does not have a portfolio in an area of responsibility
What are the 3 levels of parliament?
Federal, State and Local
What does the Federal Parliament look after?
Federal Parliament looks after National issues, Defence, Migration, Postage, National Highways
What does the State Parliament look after?
State Parliament looks after Health (hospitals) Education (schools), State Roads
What does the Local Government look after?
Local Govt (Shire) rates, garbage, minor roads and streets, fire restrictions, child care centres
When are elections held?
- Every 4 years at state level
- Every 3 years on Federal but can be shorter if the Prime Minister decides
How can you be disqualified to vote?
- you are in prison serving a sentence of three years or more
- you are of unsound mind (incapable of understanding the nature and significance of voting);
- you have been convicted of treason or treachery and have not been pardoned
Separation of powers – what is it?
It means that the lawmakers are separated from the jlaw enforces. The separation of powers is when all three bodies are completely separate, this is so they can act as a check and balance on each other and no one body has absolute power.
What does Parliament do?
The Parliament makes and amends the law
Who is part of parliament?
Parliament (also referred to as the Legislature) is made up of the Queen (represented by the Governor-General), the Senate and the House of Representatives
What does the Judiciary do?
The Judiciary makes judgements about the law
Who is part of the Judiciary?
The Judiciary is made up of the High Court and other federal courts
What does the Executive do?
The Executive puts the law into action
Who is part of the Executive?
The Executive is made up of the Queen (represented by the Governor-General), Prime Minister and ministers
What is a Minister?
A member of government with a portfolio in an area of responsibility
Name a minister, their chamber and portfolio
Malcolm Turnbull’s portfolio is Prime minister and his chamber is house
What is a government?
the group of people with the authority to govern a country or state; a particular ministry in office. Party with the majority of seats won in the lower house
What is Parliament?
all the parties
What are the 8 steps of making a law?
- Proposed new law discussed in Cabinet
- Government committees with their lawyers draw up a Bill.
- First Reading (homework) by members of parliament
- Second Reading - Bill is presented by the appropriate
Minister and is debated in parliament by both Government and Opposition - Following this Second Reading it goes back to committees for modification this is known as “Consideration in Detail”
- Third Reading - in Lower House, if passed Bill then gets sent to Senate
- Senate debates Bill and may send it back to the House of Representatives many times. If they approve it however it is sent to the Governor General for the Royal Assent.
- If the Governor General approves the Bill and signs it then it becomes an Act (Act of Parliament) and therefore becomes the law.
Name the courts from Highest to Lowest
High Court
Supreme Court
County Court
Magistrates Court
What does the Magistrates Court deal with?
main court hearing more than 90% of cases. There is no jury and the court sentence is administered by the magistrate. They deal with both Civil and Criminal cases. Civil cases up to $100,000 and minor criminal cases e.g stealing, drink driving, indecent exposure
What does the County Court deal with?
- Case heard by Judges. Deals with serious vcivil claims (over $100,000) and also major crimes such as Rape, Manslaughter, Armed Robbery. Hears appeals from the Magistrates Court. Can have a jury but not always has one.
What does the Supreme Court deal with?
The highest Court in the states. Deals with very serious Criminal cases, such as Murder and large sums of money in Civil cases.
List 5 rights you have when you’re arrested
- You can be arrested if police have a warrant or reasonable suspicion that you have broken the law.
- You must be told the charge and that you are under arrest
- You must be told that you do have to say anything as it may be used against you as evidence
- You can make a call to a friend and a legal representative
What are the 2 types of laws?
Civil and Criminal
What is civil law?
allows people to bring action against another person for negligence, trespass, defamation, nuisance and breach of contract
What is criminal law?
laws against society e.g. robbery, homicide (murder and manslaughter) rape, assault, theft, drug offences