LCMDI Examples

Question 1

State the procedural Fairness Media Article.
What is it.

Answer 1

Media article of Mathew Davey, appealing attempted murder conviction of setting his partner on fire basing it on failure of procedural fairness.
He claims he had “unfair legal representation” and he was “convicted on no evidence”

Question 2

State the rule of law media article.
What is it.

Answer 2

Media article about Premier Dominic Perottet not getting a fine for “standing up and drinking at a pub” after the Covid restriction of drinking only while sitting down came out.

Question 3

What is the media article of annarcy?

Answer 3

Anarchy in New Orleans after hurricane Katrina.

Question 4

What is the media article of tyranny?

Answer 4

Kim Jon Un, North Korea tyranny.

Question 5

Precedent LCMDI

Answer 5

Mabo vs Queensland case when the 200 year old concept of “terra nullius” was overturned.
Legislation: Native Title Act 1993 (Cth).
- a new precedent was made.

Question 6

State a High Court Case.

Answer 6

• Mabo vs Queensland
• Chamberlain High Court case (dingo ate my baby)

Question 7

Example of how ATSI laws are integrated into Australian law system.

Answer 7

Circle sentencing.
Aboriginal community, police officers, judges, victims, family and friends and offender “sit in a circle” and decide on a suitable punishment.

Question 8

Media example of dispute with the state and an individual.

Answer 8

Media article: Sydney man refuses to back down over gum battle.
Dangerously big tree with falling sticks half on council land, half on Billie’s land.

Question 9

Law Reform LCMDI. List them (3).

Answer 9

• Changing social values:
  Legislation: Marriage Act 1961 (Cth) amendment in 2017 for same sex marriage (union of two people instead of man and woman)
• New Concepts of Justice:
  Legilsation: Crimes Legislation Amendment (seuxal consent reforms) Act 2021 in reponse to R v Lazarus case (anal sex, law not clear enough on consent)
• New technology:
  Legislation: Crimes (Forensic Procedures) Act 2000 (NSW) set guidelines for DNA testing and amendments widened range of crimed for which DNA could be collected + made it legal for DNA material to be stored for as long as needed, even forever.

Question 10

Rights and Responsibilities case.
What is it.

Answer 10

Israel Folau civil case with Rugby Australia.
For breaching the player Code of Conduct: posting homophobic words on Instagram; conflict between right to freedom of speech and responsibility of following the player Code of Conduct.

Question 11

Individual and Technology LCMDI examples. List, briefly explain.

Answer 11

• Spam Act 2003 (Cth): criminalises spamming
• Copyright Act 1968 (Cth): copyright
• Case: Carly Ryan:
  Legislation: Carly’s Law - criminalises grooming. Carly Ryan hunted by an online predator, raped, suffocated and beaten.
• Privacy Act 1988 (Cth) “Privacy Principle”
  States how business should deal with personal information.
• Dolly’s Law: criminalises cyberbullying.
  Dolly, 14 years, suicided because of being cyberbullied.
• Crimes amendment (Computer offences) Act 2001 (NSW):
  criminalises recording intimate images or videos of people without consent.
• Julian Assange case:
  Editor of Wikileaks that disclosed confidential information of the American government in Afghanistan war and other.

Question 12

Women Case study examples.

Answer 12

• # MeToo movement:Tweet about sexual assault victimes (including rape); sparked new laws and movement.
• Family Law Act 1975
• Anti-Discrimination Act 1977
• Sex-Discrimination Act 1984
• Women’s Legal Status Act 1918 (NSW)
• Workplace Gender Equality Act 2012