Law reform part.2

Question 1

Reasons for disability royal commission

Answer 1

-exclusion from schools
-physical and sexual abuse in care institutions
-under paying workers

Question 2

When do RC occur

Answer 2

After a bad event has happened

Question 3

Features of RC

Answer 3

-initated by the GG
-Receive submission from the public
-provides report to parliament
-independent from govt.

Question 4

Hoe long do RC take

Answer 4

5 years

Question 5

How much do they cost

Answer 5

$527.9 million

Question 6

Who did they speak and consult with

Answer 6

Members of the public that have been effected such as disabled people that have experienced abuse, neglect, exploitation or violence

Question 7

What were the recommendations

Answer 7

Introducing a disability worker registration scheme that includes nationally consistent pre-employment screening such as criminal records

Question 8

What was the impact

Answer 8

The passing of the Disability and Inclusion Act 2023 (Cth)

Question 9

To change Australia’s political structure

Answer 9

1999 referendum about whether Aus should be a monarchy or republic-fail
These are referendums held and proposed to change the political structures that currently exist in Aus

Question 10

To protect express/ individual rights

Answer 10

Aus has 5 express rights , and Roach case has established precedent enshrining an implied right to political communication and the ability to vote
1988 referendum to extend the express right of freedom of religion to ‘Aus could follow their own religious beliefs subject to the laws that govern us’ –> seen as too restrictive -fail

Question 11

To change Cth. law making powers

Answer 11

1946, Cth control over wide range of social services such as unemployment and medical benefits- success (54.39% majority)
These are law reforms that try to extend the Cth lawmaking powers

Question 12

To recognise the rights of FNP

Answer 12

To change laws based on the changing beliefs and morals about peoples perception and views of FNP changed
1967, Most successful referendum provided for the removal of s127 which allowed FNP to be counted in the census and concurrent lawmaking powers over FNP- success (90.77% yes)

Question 13

An outline of the referendum process

Answer 13

Requires for the approval of the parliament to pass the constitution amendment bill then the question is proposed to the Aus people. If a double majority then sent to gg for approval

Question 14

Definition of approval of Cth houses

Answer 14

Permission to change the constitution must first be granted by Cth parliament, they pass the constitution amendment bill

Question 15

Definition of double majority requirement

Answer 15

The majority of voters in Aus population and the majority of voters in the majority of states
(4 states)

Question 16

3 Strengths of the referendum process

Answer 16

-Compulsory voting, the people are directly involved in the process to change the constitution
-Need for a double majority so the states are equally protected and the change has a overwhelming support
-The yes and no format is clear and easy to understand

Question 17

3 weakness of the referendum process

Answer 17

-Expensive eg 1999 cost $66,820,894
-Double majority requirement made it hard to have a successful referendum
-time consuming as parliament has to pass the bill first before the question is taken to the Australian people

Question 18

3 factors that impact the success of a referendum

Answer 18

-Bipartisan support
-the nature of the proposal
-The willingness of votes to seek change

Question 19

details of the 1999 referendum

Answer 19

The question proposed to the Aus public was whether Aus should be a republic and the way in which they vote in the president
45.13% yes therefore a failed referendum
20% stated that they wanted president to be elected by parliament

Question 20

Describe the momentum in the lead up to the referendum with 3 examples

Answer 20

-the 1950s-1960s had fight back against racial discrimination and injustice
-1957 had a member of parliament present a change to the constitution
-1951 introduced implants assimilation policies

Question 21

Identify the proposal that was posed to the people to vote on

Answer 21

‘removing the part of S51 (xxvi) that suggested the Cth could make laws with respect to people of ay other race ‘other than the Aboriginal race in any state’
Completely removing S127

Question 22

Outline the results of the referendum including reference to the double majority

Answer 22

Successful referendum
90.77% of whole aus
all 6 states

Question 23

Outline two significance of the referendum

Answer 23

-Division of powers causing a concurrent power over a residual power
-by counting the people in the census they can make things of Koori courts to decrease the crime rate and incarceration

Question 24

Describe the momentum on the issue in the lead up to the 2023 referendum

Answer 24

23rd-26th May 2017 the national constitutional convention was held at Uluru to discuss what FNP within the constitution should look like.
The Uluru statement also sought to achieve treaty between govt and FNP

Question 25

Who initiated the referendum

Answer 25

Anthony Albanese

Question 26

Which political party supported the idea

Answer 26

Labour

Question 27

When did the bill pass parliament

Answer 27

June 2023

Question 28

What were the questions

Answer 28

‘A proposed law: to alter the constitution to recognise the First Nations people of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve of this alteration?’

Question 29

Reasons for ‘yes’ vote

Answer 29

-The voice would be transparent and accountable, it would work alongside existing parliamentary structures. It doesn’t have the power to veto

Question 30

Reasons for ‘no’ vote

Answer 30

Not enough power is given to the voice and is more of a ‘tokenistic’ body
Not much information was released on what the voice would look like

Question 31

Results of the referendum

Answer 31

The national vote was only 39.9%
Vic had the highest state yes vote 45.85%
-No state had a majority of voters

Question 32

Significance of the 2023 referendum

Answer 32

-Lack of bipartisan support thus the votes were influenced by the standing of the political parties and had a strong no campaign
-Some voted no believing the voice didn’t go far enough

Question 33

Ways in which Australian people can contribute to future change

Answer 33

-Future proposals
-Only way for constitution to be changed is if both parties pass a constitutional alteration bill that then the people can go to a referendum

Question 34

Future constitutional reform - 2 arguments for

Answer 34

-Aus should have an Aus as out head of state not a British King
-Aus should be able to choose who represents them to fulfil important constitutional roles

Question 35

Future constitutional reform - 2 arguments against

Answer 35

-There are divisions among republicans themselves as different groups propose different models for becoming a republic
-Changes are unpredictable as there is no way of knowing how making such changes could affect the courts, parliament, the system of the govt, and Aus as a whole

Question 36

Strengths of referendum

Answer 36

-Compulosry voting meaning that the result of the referendum represents the views and values of the community as a whole
-when the factors for a referendum being successful are in place the referendum is likely to succeed
-Aus people can pressure the government or vote in a new government that will pass the constitutional alteration bill

Question 37

Weaknesses of referendum

Answer 37

-People must be given the opportunity to vote for constutional change
-Voting is compulsory however many people are ineligible meaning that they don’t have an impact of constitutional reform
-2023 had no bipartisan support