law reform U4AOS2 booklet two Flashcards
lesson seven
define royal commissions
- the most formal process into an issue of public concern
lesson seven
what are the features of royal commissions?
- 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
lesson seven
why are royal commissions independent of parliament?
- as they may be req to investigate controv matters
lesson seven
what does the letter patent specify for royal commissions?
- issued by the GG, specifies the person / persons who are appointed to chair the commission - usu a judge
lesson seven
why are they called royal?
- b/c the Cr’s rep (GG) must 1st issue a letter patent (decree / permiss / affirm) allowing the roy comm to proceed
lesson seven
what is the act associated with royal commissions?
- they have stat auth - Royal Commission Act 1902 (Cth) and Inquiries Act 2014 (Vic)
lesson seven
what are the roles and process of royal commissions?
- 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
lesson seven
explain - undertake research & prepare consultation papers
- 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
lesson seven
explain - seek submissions from the community
- 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
lesson seven
explain - conduct hearings
- r.c = cond hearings = occur pub / priv
- hearings = cond over sev days
lesson seven
during hearings what is the royal commission required to do?
- listen to evidence
- cross-examine indiv
- rev written subms
lesson seven
explain - engage in coercive powers of investigation
- 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
lesson seven
what doe the coercive powers of the royal commission ensure?
- 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
lesson seven
explain - present a final report to parliament with recommendations for law reform
- after the concl of the invest r.c. prod a rep of the invest’s findings & prov recomm for law ref
lesson seven
what are the strenghts of royal commissions?
- 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
lesson seven
what are the limitations of royal commissions?
- 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
lesson seven
why may royal commissions be rare?
- r.c = x good look for govt b/c issue of invest occured under their leadership = x good refl
lesson eight
why was the Disability Royal Commission established?
- est in April 2019 in resp to comm conc. about widespread reports os viol. against & the neg, abuse & exploit. of ppl. w/ disab.
lesson eight
what did the Disability Royal Commission investigate?
- 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
lesson eight
what settings and contexts did the Disability Royal Commission investigate and report on?
- schools
- workplaces
- jails & detention centres
- sec disab or boarding houses ‘family homes
- hospitals
lesson eight
how expensive was the disability royal commission investigation?
- 5 yr period (2019 –> fin rep sub parl sept 2023) = $ = $527.9 million dollars
lesson eight
how many recommendations did the disability royal commission make?
- in final rep DRC made in 222 recomm to parl in law reform
lesson eight
what are examples of the recommendations that the DRC made?
- 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.
lesson eight
what was the impact of of the disability royal commission?
- 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
lesson nine
what are the reasons for constitutional reforms?
- to chg aust’s pol sys
- to incr prot of rights
- to chg cth’s lawmaking pwrs
- to reco FNP
lesson nine
what are examples of the referendums that have been proposed to reform australia’s political system
- 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
lesson nine
explain the reason - to increase the protection of rights with examples
- 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
lesson nine
explain the reason - to change cth lawmaking powers with examples
- 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
lesson nine
how was the constitution initally drafted in regards of first nation people?
- 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
lesson nine
what have been the referendums in regards to the rights of FNP?
- 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
lesson ten
what is the process of passing a referendum?
- parliament
- the people
- the governor-general
lesson ten
what is the approval of the cth houses?
- permission to chg const must 1st be granted by parl
- each ref rew a const alt bill to be passed
lesson ten
what is the process of gaining approval of the commonwealth houses?
- 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
lesson nine
what is a double majority and how is it achieved?
- 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
lesson ten
summaries the requirements for a successful referendum
- maj of voters in the whole of australia must vote yes
- majority of voters in a maj of states must vote yes –> succ ref
lesson ten
what are strengths of a referendum?
- 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
lesson ten
what are limitations of a referendum?
- 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
lesson eleven
what are common factors that impact the likelihood of a referendum passing?
- bipartisan support
- how informed/educated voters are about the proposal
- the nrt of the proposal
- the willingness of voters to seek chg
lesson ten
what is bipartisan support?
- 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
lesson ten
explain the referendum impacting factor - how informed / educated voters are about the proposal
- 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
lesson ten
describe the factor - the nature of the proposal
- 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
lesson ten
how does the factor of whether voters are seeking change effect a referendum success?
- 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
lesson eleven
if successful what would the 1967 referendum change in the consititution?
- 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
lesson eleven
when did the 1967 referendum occur?
- 27th May 1967 - asked to vote & consid two chgs to cst in relation to rights of both ab & torr str isl ppl
lesson eleven
what was some prior momentum in the lead up to the 1967 referendum?
- 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
lesson eleven
what is the significane of the 1967 referendum?
- 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
lesson eleven
how did the 1967 referendum change the division of lawmaking powers?
- 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
lesson eleven
what was the impact of the cth now being able to legislate on fnp’s issues due to the 1967 referendum?
- allowed cth to make laws & fund areas to prom equ for fnp = social welfare
lesson twelve
what was the proposal put to the australian people in the 2023 referendum?
- 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?
lesson twelve
what was thought to be finalised after the success of the 2023 referendum?
- 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
lesson twelve
was there bipartisan support for the 2023 referendum?
- lack of bip supp w/ lab supp ‘yes’ camp & lib supp ‘no’ camp –> div nat
lesson twelve
was the 2023 referendum successful?
- unsucc = nat vote was only 39.9%
lesson twelve
what are some reasons why the 2023 referendum failed?
- 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
lesson twelve
what are ways in which aust ppl can influence change to the australian consitution?
- 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
lesson twelve
how are the australian people limited in influencing change in the constitution?
- 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
lesson twelve
what are the - for - arguments for the australian republic
- 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
lesson twelve
what are the - against - arguments for australian republic?
- 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
lesson twelve
hdid the australian people influence change specifically in the 2023 referendum?
- 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
lesson twelve
how were the australian people limited in influencing constitutional change in the 2023 referendum?
- 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
