Judicial Branch

Question 1

Important Sections of the Australian Constitution

Answer 1

s.71
- creates the Federal Supreme Court (High Court of Australia)
- invests the High Court, and any other federal courts the Parliament shall make, with federal jurisdiction

s.72
- establishes the tenure of judges (age 70)
- judges shall be appointed by GG in-Council
- judges shall only be removed by the GG, on an address on both Houses of Parliament on the same session, on the ground of proved misbehaviour or incapacity

s.73
- the High Court has appellate jurisdiction:
1. of any original jurisdiction of the High Court
2 of any other federal or state court
3. on the Inter-State Commission, regarding law only
- The appellate jurisdiction of the High Court is ‘final and conclusive’
- The Parliament may not regulate or prevent the High Court from hearing appeals

s.75
- The High Court has original jurisdiction, such as
i) arising under any treaty
ii) affecting representatives of other countries
iii) in which the Comm. is a party
iv) between States or a resident(s) of different states
v) in which a Writ of Mandamus is sought against an officer of the Comm.

s.76
- the High Court has original jurisdiction on additional matters:
i) involving the Constitutions interpretation
ii) involving any laws made by Parliament
iii) involving Admiralty and maritime jurisdiction
iv) involving laws made by the States

s.79
- the Parliament decides the number of judges
(full bench = 7 Justices, necessary for Const. interpretation etc.)

s.80
- any offence against the Comm. will be decided by a jury
- held in the state where the crime was committed, or as Parliament prescribes