Governance in Australia

Question 1

What is the Doctrine of Separation of Powers?

Answer 1

Executive, Legislative, Judiciary

Question 2

Why does the Doctrine of Separation of Powers exist?

Answer 2

To ensure that no individual body or person has complete control or can perform an abuse of power.

Question 3

Role of the executive branch?

Answer 3

Puts laws into action.

Question 4

Role of the Legislative branch

Answer 4

To create the laws

Question 5

Role of the Judiciary

Answer 5

To apply the laws.

Question 6

What are the powers outlined by the Constitution?

Answer 6

Exclusive, Concurrent, Residual

Question 7

What is the significance of RE Kevin

Answer 7

Overturned the 1982 case of Corbett
Changed the definition of a ‘man’ for the purposes of marriage.
‘The possibility of transsexual people to marry according to their new gender.’

Question 8

What is the significance of the Mabo case?

Answer 8

Recognised Indigenous people

Acknowledged the traditional rights of Indigenous people to their land and waters.

Question 9

What is the significance of the Tasmanian Dam case?

Answer 9

Landmark decision in 1983 handed down by the High Court that illustrated the power of the Commonwealth parliament to legislate a treaty, overruling a residual power of the states.

Question 10

What is the role of the High Court and relevant section?

Answer 10

Section 71
Primary function is to interpret the Constitution
Decides cases of special federal significance, constitutionally validity of laws and hears appeals.

Question 11

What is the role of the Murri Court

Answer 11

Criminal justice system links Aboriginal and Torres Strait Islander defendants to cultural and supportive services.
The aim is to reduce the representation of Aboriginal people in the criminal justice system.

Question 12

What is a democracy?

Answer 12

A form of government in which the people have the authority to deliberate and decide legislation, or to choose governing officials to do so.

Question 13

What is the rule of law?

Answer 13

No individual is beyond the law
No individual can be convicted of a crime without a proper trial using established and valid laws.
The law must be applied and enforced to all.

Question 14

What does the rule of law ensure?

Answer 14

Fundamentally ensures that the democratic principles of a fair society and just and equitable outcomes for all.

Question 15

What is the Representative Government and the relevant sections?

Answer 15

A governmental system where politicians are elected (by the people) to represent the people, to serve in parliament and make decisions on their behalf.
Section 7 and 24: Requires both houses of the federal parliament to be ‘directly chosen by the people’.

Question 16

What is the Responsible Government?

Answer 16

Government formed by the House of Representatives and is answerable to elected representatives of the people for all its actions.
For these responsibilities to be possible, a political party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government.

Question 17

What are the exclusive powers and its relevant sections?

Answer 17

Can only be exercised by the Commonwealth Parliament.
Section 115: The Constitution prevents a State from making its own money.
Section 114: Prohibits States from having their own armed forces.

Question 18

What are the concurrent powers?

Answer 18

Can only be exercised by both the Commonwealth and State Parliament

Question 19

What are the residual powers?

Answer 19

“Power left over from the exclusive and concurrent powers”.
Any area not covered in the Constitution is considered to be within the states’ powers to make laws. Powers that were not transferred to the Commonwealth at federation (1901).
Eg. property law, schools.

Question 20

What is the importance of an independent judiciary?

Answer 20

Ensures a free society exists so long as it is governed by the rule of law
The rule of law depends on the competent and impartial application of the law by judges, therefore it is essential that judges be independent from the arms of government that make and put the laws into action.

Question 21

Example of separation of powers overlapping and not having an independent judiciary?

Answer 21

Bikie laws

Question 22

What is section 51?

Answer 22

Enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation.

Question 23

Significance of Section 51

Answer 23

Broadens the Commonwealth’s power significantly. The external affairs power gives the Commonwealth the ability to make laws on any matter, if it is covered by a treaty, even if it is an area of residual power, therefore extending the power of the Commonwealth parliament.

Question 24

Section 51 relevant case?

Answer 24

Tasmanian Dam case (1983)

Question 25

What is section 109 and its relevant case?

Answer 25

Inconsistency rule.
Where an inconsistency exists between State and Federal law, s109 states that the Federal law will override the State in so far as the inconsistency.
Marriage Act

Question 26

What is section 128

Answer 26

Provides the manner by which the Constitution can be altered, changed or modified so it reflects the changing needs of an evolving society.

Question 27

What is the role of the Mental Health Court?

Answer 27

Decides whether a person charged with a criminal offence has a ‘mental health defence’
Key roles:
- To decide whether the person was of unsound mind at the time of offence.
- To decide whether the person is fit for trial.

Question 28

What is the role of the Domestic and Family Violence Court?

Answer 28

To deal exclusively with all civil and criminal domestic and family violence matters.

Question 29

What is the role of the Children’s Court?

Answer 29

Deals with criminal (serious or minor) offences committed by juveniles.

Question 30

What are the three levels of government?

Answer 30

Federal: makes laws that affect the whole of Australia (defence, immigration)
State: makes laws that affect the state (education, health)
Local: makes laws that affect the local community (dog registration, rubbish removal)

Question 31

House of Representatives (Lower House)

Answer 31

Consists of 150 members of parliament
Scrutinises the actions of the executive government and holding their actions to account.
Consideration and passing of new laws and amendments or changes to existing laws.

Question 32

Senate (Upper House)

Answer 32

Consists of 76 senators
A house of review and a powerful check on the government of the day. The proportional representation system of voting used to elect senators makes it easier for independents and the candidates of the smaller parties to be elected.

Question 33

Australian Constitution

Answer 33

The law that set up the Australian Commonwealth Government and says how it works

Question 34

What is a referendum?

Answer 34

A direct vote by the electorate on a particular proposal or issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law.

Question 35

Key features of the Australian Constitution?

Answer 35

An Australian Parliament and government, responsible for national decision-making and law-making.

Question 36

Section 44 and an example?

Answer 36

The grounds for disqualification on who may become a candidate for election to the Parliament of Australia.
Eg. dual citizenship

Question 37

Section 70?

Answer 37

Certain powers of Governors to vest in Governor-General.

Question 38

Section 71?

Answer 38

Judicial power and Courts. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction.

Question 39

What are the division of powers in the Constitution?

Answer 39

Three branches of government (executive, legislative, and judicial), kept separate.
This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Question 40

Challenges of changing the Constitution and an example?

Answer 40

Double majority; For an amendment to be approved, it must be accepted by an absolute majority of all Australian voters AND an absolute majority of voters in at least four of the six States. Since the Constitution is the supreme law of the land, it cannot be changed by any process except for another amendment.
Eg; changing terra nullius, ‘no mans land’ to acknowledge the Aboriginal and Torres Strait Islander as the rightful owners of the land and water.

Question 41

Role of the Crown (Governor General)

Answer 41

Represents the Queen.

Important parliamentary responsibilities including summoning, proroguing and dissolving Parliament.

Question 42

What is Common Law?

Answer 42

Judge made law

Question 43

What is the relationship between legislation and case law?

Answer 43

Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States.
Judges can then make their own laws (common law) as they see fit in relation to the case at call.

Question 44

Mabo v Queensland (1992)

Answer 44

A decision of the High Court of Australia. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for recognising the pre-colonial land interests of Indigenous Australians within Australia’s common law.