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year 12 legal studies > law reform U4AOS2 booklet two > Flashcards

law reform U4AOS2 booklet two Flashcards

1
Q

lesson seven

define royal commissions

A
  • the most formal process into an issue of public concern
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2
Q

lesson seven

what are the features of royal commissions?

A
  • can occur on state or cth lvls
  • ets thr the executive branch of govt - govt that gen initi r.c
  • r.c = indep of parl
  • a letter patent must be issues by the GG
  • public (leg chg = certain sessions = private)
  • investigatory pwrs e.g. compel ppl to attend hearings
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3
Q

lesson seven

why are royal commissions independent of parliament?

A
  • as they may be req to investigate controv matters
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4
Q

lesson seven

what does the letter patent specify for royal commissions?

A
  • issued by the GG, specifies the person / persons who are appointed to chair the commission - usu a judge
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5
Q

lesson seven

why are they called royal?

A
  • b/c the Cr’s rep (GG) must 1st issue a letter patent (decree / permiss / affirm) allowing the roy comm to proceed
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6
Q

lesson seven

what is the act associated with royal commissions?

A
  • they have stat auth - Royal Commission Act 1902 (Cth) and Inquiries Act 2014 (Vic)
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7
Q

lesson seven

what are the roles and process of royal commissions?

A
  • undertake res & peop consul papers
  • seeks submissions from the comm
  • conduct hearings
  • engage in coercive pwrs of invest
  • pres a final rep to parl w/ recomm for law ref
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8
Q

lesson seven

explain - undertake research & prepare consultation papers

A
  • bef engaging in disc w/ comm
  • memb of r.c must prep a consul pap = outlines matts being invest & poss ref that could be imple
  • this est = parameters & prov guid for mem of comm to make submiss to the inquiry
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9
Q

lesson seven

explain - seek submissions from the community

A
  • r.c will seek subs / feedb / inform from the comm to ensure that recomm for law ref = refl v’s of soc
  • r.c prov opp for comm mem & stakeh to share vs & inform = iniv & organ express their recomm / experts = opinons & res findings & int grps = express stace on issues where seek law ref
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10
Q

lesson seven

explain - conduct hearings

A
  • r.c = cond hearings = occur pub / priv
  • hearings = cond over sev days
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11
Q

lesson seven

during hearings what is the royal commission required to do?

A
  • listen to evidence
  • cross-examine indiv
  • rev written subms
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12
Q

lesson seven

explain - engage in coercive powers of investigation

A
  • issue a summons ordering a person to app bef the comm
  • req indiv to give evid under oath
  • req indiv, bus, org to prod evid under oath
  • prov pen of up to 2yrs impris for those who fail to comply w/ summs or intent prov false / misleading evid
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13
Q

lesson seven

what doe the coercive powers of the royal commission ensure?

A
  • enures r.c. have gr abil to det the trth, gain insight into issue & rev all evid
  • –> gr underst of soc / leg issue being invest can be prov –> allowing law refs to be recomm that would most effect resol issue
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14
Q

lesson seven

explain - present a final report to parliament with recommendations for law reform

A
  • after the concl of the invest r.c. prod a rep of the invest’s findings & prov recomm for law ref
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15
Q

lesson seven

what are the strenghts of royal commissions?

A
  • r.c. able to comprh invest part inci / area of pol / soc / leg / pol iss in their res –> prov insight recomm for l.r = acc & adqu add iss
  • r.c = indep of govt –> invest = x infl by pol biases
  • r.c = est by govt –> parl may be more likely to act on & imple law ref based on findings of the comm
  • r.c. allw govt of day to det amount of pub supp for a conten l.r mtt –> if parl observes there is broad supp for a part chg –> may initi l.r to rem pop w/ pub & gain re-ele
  • r.c = coerc pwrs of invest = compel wit give evid oath –> whole truth emerge –> parl better underst issues –> fac eff l.r
  • hearings = oft pub & subm = made by comm –> prov indirect way for pub to infl law ref & put conc bef parl
  • rep dev r.c = tab parl –> ens iss dir pres bef mem of parl –> enc deb the recomm –> pot prompt l.r
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16
Q

lesson seven

what are the limitations of royal commissions?

A
  • r.c = highest form of inqu = only est in rare & excep circ
  • r.c = v $ b/c res req (staff & experts) e.g. robodebt r.c = $30 mill budget
  • govt = x oblig to fllw the sugg rec by comm –> inqu could consid waste of time & $
  • r.c = time-cons due to extens use of exp, hearings, exam of wit, reading thr subm & cons comm –> l.r = slw to resp to iss in soc
  • lack of pwr if there are breaches of the R.C.A 1902 (Cth) = aust law ref comm lacks the pwr to invest breaches of the act & pen fr mis-compli often inadeq
  • while r.c = indep = still dep on govt willing to have iss invest = govt must dec to initi r.c & est its t.of.r t/f = may lim / x intro r.c = pol damning or prod recomm x want imple –> lim l.r in areas govt want avoid
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17
Q

lesson seven

why may royal commissions be rare?

A
  • r.c = x good look for govt b/c issue of invest occured under their leadership = x good refl
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18
Q

lesson eight

why was the Disability Royal Commission established?

A
  • est in April 2019 in resp to comm conc. about widespread reports os viol. against & the neg, abuse & exploit. of ppl. w/ disab.
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19
Q

lesson eight

what did the Disability Royal Commission investigate?

A
  • prev & better prot ppl w/ disab from experi. viol, abuse, negl, & exploit.
  • achiev best pract. in repor, invest & resp to viol abuse, neg & exploit of ppl w/ disab
  • prom ore incl soc that supp ppl w/ disab to be indep & live free from viol, abu, neg & exploit
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20
Q

lesson eight

what settings and contexts did the Disability Royal Commission investigate and report on?

A
  • schools
  • workplaces
  • jails & detention centres
  • sec disab or boarding houses ‘family homes
  • hospitals
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21
Q

lesson eight

how expensive was the disability royal commission investigation?

A
  • 5 yr period (2019 –> fin rep sub parl sept 2023) = $ = $527.9 million dollars
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22
Q

lesson eight

how many recommendations did the disability royal commission make?

A
  • in final rep DRC made in 222 recomm to parl in law reform
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23
Q

lesson eight

what are examples of the recommendations that the DRC made?

A
  • intro of an Aust Disab Rights Act to str prot of the rights of ppl w. disab 7 meet austr’s obligs under the Conven on the Rights of Persons w/ Dis
  • comm recomm aust govt consid the est. of a nat sys for rep & invest & elim viol, abuse & negl of ppl w/ disab –> elem best imple thr the est of nat. indep, stat prot, watchdog = broad fncts& pwr to prot / invest / enf findings rel to sit of viol / sb / neg of ppl w/ disab
  • use of restr. pract against child must be elim as nat prior. –> rec aust gvt work w/ st & territ govts to imple 0 toler appr to restr pract in school’s cxt.
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24
Q

lesson eight

what was the impact of of the disability royal commission?

A
  • prior to publ of fin rep parl begun work on amending leg chg to the disab space = passing disab & incl act 2023 (cth) to embed more explicit hum-rights based on regula tow the treat of ppl w/ disab & prog consid 222 oth rec
25
Q

lesson nine

what are the reasons for constitutional reforms?

A
  • to chg aust’s pol sys
  • to incr prot of rights
  • to chg cth’s lawmaking pwrs
  • to reco FNP
26
Q

lesson nine

what are examples of the referendums that have been proposed to reform australia’s political system

A
  • 1988 ref - incr terms HoR mem = 3-4 yrs & joint prop to consid red term of sen to 4 yrs = failed
  • 1999 ref - call for australia to become a republic
27
Q

lesson nine

explain the reason - to increase the protection of rights with examples

A
  • compared - aust = v small no. of express rights listed in cst = 5
  • HC case = Roach (2003) = est prec enshr impl right to pol comm & abil to vote
  • h/w calls to add rights to cst = aust = adopt bil of rights e.g. freedom of speech
  • 1988 ref = held = extend expr right freedom of rel to ‘aust [could] fllw their own rel bel subj to the laws which govern us all’ –> failed
28
Q

lesson nine

explain the reason - to change cth lawmaking powers with examples

A
  • div of lawmking pwrs b/w cth & st = outlined in cst t/f to perm amend div of pwrs const = chg the maj of prop have been ext cth lawm pwrs
  • e.g. 1946 - soc serv ref = ref - chg to allow the cth more contr over a wide rge of soc serv = unemply / medical ben & wid pens = prior serv = dep on state of resid = lim –> ben should be same reg of resid
29
Q

lesson nine

how was the constitution initally drafted in regards of first nation people?

A
  • at time = deemed accep to x reco FNP = x affirm ment of FNP / x ref to FNP& longheld conn to landing expan 65,000 / const = spec x reco FNP as part of austr pop
30
Q

lesson nine

what have been the referendums in regards to the rights of FNP?

A
  • 1967 - most succ = remov of s127 which allowed FNP to be counted in the census & concurr law-mking pwrs over FNP
  • 1999 - prop to rep ref for FNP to be incl in cst preamble
  • 2023 - est a FN voice to parl - body enshrin in cst would allow FNP prov advice to parl on policies that imp directly
31
Q

lesson ten

what is the process of passing a referendum?

A
  1. parliament
  2. the people
  3. the governor-general
32
Q

lesson ten

what is the approval of the cth houses?

A
  • permission to chg const must 1st be granted by parl
  • each ref rew a const alt bill to be passed
33
Q

lesson ten

what is the process of gaining approval of the commonwealth houses?

A
  • mem of parl introducing const alt bill to either houses
  • bill must norm be passed by abosl maj of votes in bth houses
  • if abso maj = achieved in sen w/n 2-6 mths of the bill passing thr the LH –> prop must be subm to voters
34
Q

lesson nine

what is a double majority and how is it achieved?

A
  • factor achieved or x achieved thro the ppl
  • achieved thr —> maj of voters in aust’s pop (incl territ) voting ‘yes’
    AND
  • maj of voters in a maj of states voting yes for the chg. there are 6 states in austr which means a min of voters across 4 states must vote ‘yes’ in favour of the chg
35
Q

lesson ten

summaries the requirements for a successful referendum

A
  • maj of voters in the whole of australia must vote yes
  • majority of voters in a maj of states must vote yes –> succ ref
36
Q

lesson ten

what are strengths of a referendum?

A
  • voter directly involved in aust proc cst amend = democr involvem –> aust diff
  • s128 cst gives voters in aust pwr to reject chgs to cst after cth parl appr –> empwrs voters to apprv / rej chgs to cst
  • yes & no format of ref = v clear & simple to answer –> red voting conf t/f votes more likely to accur ref v of aust
  • requ of double maj for ref = passed –> ens equ prot of states = x st domin opin of country
37
Q

lesson ten

what are limitations of a referendum?

A
  • ref = extr $ e.g 1999 = $67 mill near –> disc pr min wanting to hold ref & chg cost b/c expense
  • due to dob maj req = diff for succ = only 8 in 44 ref prop = succ
  • due to comp voting in aust ppl may vot x by choice = have to –> cast vote at random –> ref x nec ref v of aust
  • ref = time consum proc b/c bill passed thr houses & ref must be hled to rec yes vot = maj st & pop –> disc pr min init ref b/c time taken & liklih of unsucc b/c his fail
38
Q

lesson eleven

what are common factors that impact the likelihood of a referendum passing?

A
  • bipartisan support
  • how informed/educated voters are about the proposal
  • the nrt of the proposal
  • the willingness of voters to seek chg
39
Q

lesson ten

what is bipartisan support?

A
  • the supp of the chg to the ref by both majority pol parties in aust
  • voters = pol aligned w/ parties –> listen to parties campaign = yes / no –> impact maj req
40
Q

lesson ten

explain the referendum impacting factor - how informed / educated voters are about the proposal

A
  • gen pub = v little knwl about cst –> chall
  • if voters vel pol & leg syst = working effect & x neg imp them –> unlk to vote for chg
  • any conf / strng camp before ref can influ voters voting for the chg
41
Q

lesson ten

describe the factor - the nature of the proposal

A
  • succ of cst chg = dep on how log & rat chg appears for voters
  • voters may x underst the complex of the quest –> b/c leg jarg used / more than one prop per ref / appears the be lim choices
42
Q

lesson ten

how does the factor of whether voters are seeking change effect a referendum success?

A
  • chg cst = sig t/f extent to which voters want to infl soc & leg chg in aust det yes / no vote
  • if voters themselves = driving chg they may be more willing to vote yes
  • e.g 1967
43
Q

lesson eleven

if successful what would the 1967 referendum change in the consititution?

A
  • removing part of 251 (xxvi) that sugg the cth could make laws w/ respect to ppl of any other race ‘other than the aboriginal race in any state’
  • completely removing s127 –> fnp incl as cit / part of census
44
Q

lesson eleven

when did the 1967 referendum occur?

A
  • 27th May 1967 - asked to vote & consid two chgs to cst in relation to rights of both ab & torr str isl ppl
45
Q

lesson eleven

what was some prior momentum in the lead up to the 1967 referendum?

A
  • 1965 - freedom ride - stu mvt = bus stopping nsw –> draw atten to issues of seg & liv cond of fnp
  • 1966 - wave hill walk-off = 200 gurindji empl & their fam went on strike at w.h station in nt red incr & make wages for fnp fairer & lnd rights
46
Q

lesson eleven

what is the significane of the 1967 referendum?

A
  • chg div of lmking pwrs
  • cth = now leg on fnp’s issues –> lead to what?…
  • formal incl of fnp in census enabled cth to make infor dec about pol based upon pop & distribute cth funds based upon pop e.g incarc –> koori courts
  • alwd cth overr discrim pol e.g. QLD = 1957 = fnp tr diff = w/holding wages
  • unprec succ of ref & fact ‘no camp’ = x exist during lead up to ref indic widespr supp among aust for gr equ in soc = esp rel to fnp & wh aust
47
Q

lesson eleven

how did the 1967 referendum change the division of lawmaking powers?

A
  • prior = only st could leg on fnp’s issues b/c cth = expressly denied
  • h/w the change –> pwr bec conc pwr & incr lawmk pwrs / scope of cth
48
Q

lesson eleven

what was the impact of the cth now being able to legislate on fnp’s issues due to the 1967 referendum?

A
  • allowed cth to make laws & fund areas to prom equ for fnp = social welfare
49
Q

lesson twelve

what was the proposal put to the australian people in the 2023 referendum?

A
  • to form part of the new s129 of the cst = official body that would advocate & advise on issues that affected ab & torr st isl ppl
  • 14th october - to alter the const to reco the FPs of aust by est an ab & torr st isl voice –> approve?
50
Q

lesson twelve

what was thought to be finalised after the success of the 2023 referendum?

A
  • voice = prov indep non-bind adv to the cth & govt on laws & pol that would affect FNP
  • mem = elect by FN comm w/ bal of gen rep
  • voice would be acc & transp = work alongs existing parliamentary struct = x veto pwr
51
Q

lesson twelve

was there bipartisan support for the 2023 referendum?

A
  • lack of bip supp w/ lab supp ‘yes’ camp & lib supp ‘no’ camp –> div nat
52
Q

lesson twelve

was the 2023 referendum successful?

A
  • unsucc = nat vote was only 39.9%
53
Q

lesson twelve

what are some reasons why the 2023 referendum failed?

A
  • lack of bip supp = voters closely tied w/ pol party –> div / hist demon all ref = succ (8) had bip supp
  • poss many aust x undst what would pract chg & ‘yes’ camp = x articulate what chg would mean –> his aust x det undst cst t/f x undst lmking proc & steps to put voice
  • sugg of racism - con / uncon - imp way ppl voted
  • b/c ‘yes’ camp = unclear & unc mess –> ‘no’ camp = inst uncert in fence = shifting pos
  • ‘no’ b/c x bel chg went far enough to rec FNP & prov them w/ voice = chg = tokenistic rth than real voice to ach reco & equality
54
Q

lesson twelve

what are ways in which aust ppl can influence change to the australian consitution?

A
  • x2 maj req in ref (s128) = only way words = chg = proc = restr on pwrs of parl b/c x chg w/o = strict req ens working cst only w/ agr of voters = incl elig voters in whole & maj st
  • imp by dir lobying / pet in intro chg –> parl must appr ref 1st t/f pub actions –> press parl to intro chg
  • rep ntr of parl = exp to rep & list to views of maj b/c cth = democr elected
  • cth elected t/f aust ppl vote in mem = suppo of chg
55
Q

lesson twelve

how are the australian people limited in influencing change in the constitution?

A
  • whild aust ppl = fin say –> only do if aust govt = int in chg = alth aust ppl can seek in infl govt thr pet / dem ulti govt & parl dec whether to move a prop
  • cost = disc
  • whether ppl cna chg aust cst dep on ntr of the chg = clar of mess from ‘yes’ camp & ext to which ppl undst reason for chg
56
Q

lesson twelve

what are the - for - arguments for the australian republic

A
  • aust should have aust as head of st x brit k / q
  • aust should be able to choose who rep to fulfill imp cst roles
  • choices about aust’s fut should be in hands of aust x foreign mon
  • undemo for imp h.of.s = pass down fam & x award someone based on their merit / no. of votes
  • indep country des elec own h.of.st
57
Q

lesson twelve

what are the - against - arguments for australian republic?

A
  • should maint st quo = curr sys = stab
  • chgs = unpred b/c x way knowing subt chgs could aff c / parl / syst gvt
  • incr div
  • aust = alr indep b/c leg links cut in 1986 t/f x more indep gained thr rep
58
Q

lesson twelve

hdid the australian people influence change specifically in the 2023 referendum?

A
  • can press gvt into intro cst alt bill e.g. voting in aa aust ppl incr their chances of chging cst b/c aa fulfill prom
  • meth = pet / dem = drv cst ref = shw pol br supp e.g. ‘yes’ camp marches acr aust call for yes vote to voice
  • ref votin = comp = all elg = have say
59
Q

lesson twelve

how were the australian people limited in influencing constitutional change in the 2023 referendum?

A
  • ref = comp / exp / time cons = parl 1st pass bill then ref proc = lengthy b/c pl & camp
  • doub ref = sat = diff = 39.9%
  • lack of bipart supp (lib = no)
  • lack of voter knowledge (misinform)
  • strong ‘no’ camp (fair aust)
  • unpop pol leading camo
  • prop chgs to cst = drf by pol –> aust ppl x role in app final wording & chg x ref true / spec des of ppl inten for cst ref

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