LEG YR 12 Flashcards

Question

The appropriateness of plea negotiations

Answer 1

- Whether the accused is willing to participate in the investigation - The strength of the evidence, including strength of prosecutions case - Whether accused is ready and willing to plead guilty - Whether accused is represented - Whether witnesses are reluctant or unable to give evidence - Time and expense in a trial - Views of the victim (prosecutor consults victims and takes their views into account)

Answer 2

To provide free legal information to the community as well as free advice and representation to those who can't afford it. - To provide effective, efficient, and economic aid - To make resources reasonably affordable

Answer 3

- They both provide free advice, services and information - Funded - Helps accused individuals - Online resources available in many languages - Victims assist

Answer 4

A factor which may cause the judge to give the offender a harsher sentence

Answer 5

A factor which may cause the judge to deliver a more lenient sentence

Answer 6

Where the offender has to serve their sentence straight after one another.

Answer 7

Where the term of imprisonment is served with another at the same time.

Answer 8

- saves time, cost and resources - victims are saved the trauma from reliving the trial - help ensure there is certainty of outcome for parties

Answer 9

The plaintiff, they must prove the defendant is liable

Answer 10

It is o the balance of probabilities, meaning their version of events was more likely than not

Answer 11

- Fees for legal representation - Costs - Disbursements - Adverse cost orders - Limitation of actions - Enforcement issues - What if the defendant won't pay - Whether the defendant has assets or money to pay anything to the plaintiff - Whether defendant is in jail, overseas or uncontactable

Answer 12

A restricted amount of time that a civil action can be taken, plaintiff must lodge the claim within that time frame or they'll be prevented

Answer 13

If the plaintiff is unsuccessful in their claim, the will have to pay for their legal costs and may pay for the legal costs of the other party

Answer 14

The out of pocket expenses an individual has to pay for things like - Legal costs - mediation costs - court fees

Answer 15

1. By settling with the defendant before the court/tribunal make a decision 2. By the court/tribunal making a decision and awarding a remedy

Answer 16

if defendant unwilling to comply the plaintiff may have to issue enforcement proceedings. could include, - A court sheriff seizing the defendants assets to sell them

Answer 17

- The opportunity to know the case against them - Opportunity to present their version of the case - Use of an interpreter - No unreasonable time delays

Answer 18

Its an alternative method of solving a dispute. Process in which the parties in conflict can sit down, discuss the issues involved, develop options, consider alternatives and try to reach an agreement. - The mediator will **facilitate** discussion and encourage parties to reach their own agreement. - Agreement may be enforceable

Answer 19

An independent 3rd party who provides suggestions about possible ways to resolve the dispute. - Conciliator has more influence over the outcome than the mediator - The conciliator helps **guide the conversation** between both sides in a civil case. - They do not make decisions, but they help the parties reach an agreement by giving suggestions and keeping things calm and fair.

Answer 20

- Both involve an dependent, impartial 3rd party who facilitates discussion and may assist parties in reaching a resolution - Less formal than court herings - If successful can save time in waiting - Conducted in private, beneficial for party who wish to keep settlement confidential

Answer 21

- Decision reached may not be enforceable, or difficult to enforce - Because court isn't deciding the case one party may compromise too much - One party may refuse to attend, or participate, therefore a waste of time and money - For high profile disputes, where there's large public interest theres no open justice

Answer 22

An unbiased 3rd party member who listens to both sides and can make a decision thats binding on both parties.

Answer 23

- Whether the parties have agreed to arbitrate the dispute or the claim is less than $100,000 - Whether both or one party want the dispute resolved privately, or whether they want a public record of what occurred.

Answer 24

- Parties have no control over outcome imposed on them by the arbitrator - Not available if the parties haven't agreed to this form of dispute resolution or if claim is not a small claim in the magistrates court - Arbitrations can be formal if parties agreed, adding to stress, time and costs

Answer 25

- Decision is biding and fully enforceable through the courts - Held in private and confidential - Arbitrator is usually an expert on the subject matter

Answer 26

- Act impartially - Case management (pre trial) - Case management (during trial) - Determine liability and the remedy - Decide on costs

Answer 27

- They ensure case is ready for trial - They have the power to give directions to the parties - They can limit discovery and make discovery orders - They can order parties to attend mediation

Answer 28

- Have the power to ask questions to clarify evidence and hand down rulings during the trial - If there is a jury, the judge may also need to address the jury, give directions and sum up the case - If party is unrepresented, judge is responsible in ensuring they understand their rights and process

Answer 29

- If theres no jury the judge must decide if the plaintiff has proven liability on the balance of probabilities - If a remedy and what remedy should be awarded - Judge provides reasons for their decision known as a court judgement

Answer 30

- After a hearing the judge or magistrates will decide which party bears the costs

Answer 31

- Act as an impartial umpire, don't overly interfere as to not advantage a party - Experts in law, legal processes and cases and use this expertise in managing the trial - Manage the case both before and during the trial - Able to assist self represented parties

Answer 32

- Risk of apprehend bias that impact decision making - Limited cultural and general diversity - Can't interfere excessively in their cases - Some cases may be less actively managed, parties fail to comply with pre trial steps but no consequences

Answer 33

- Be objective - Listen to and remember evidence - Understand directions and summing up - Decide on liability (maybe damages)

Answer 34

- Both expected to be impartial when making a decision based on facts and evidence - Must listen to and concentrate on the evidence - Both have a role of ensuring they comply with their obligations

Answer 35

- In a criminal trial they decide on guilt, in a civil trial they decide on liability - In a criminal trial they decide on guilt beyond reasonable doubt, whereas in a civil trial they decide on liability on the balance of probabilities - In a criminal trial, jury never decide on sanctions, but in some civil trial a jury may determine the damages

Answer 36

- May have unconscious bias or prejudice - Civil trials can be complex and hard to understand for average members of society - Jury trials may result in further delays - A number of people are unable to participate in the jury as their ineligible, excused or disqualified, large section of the community is not represented

Answer 37

- Randomly picked, no connections to the parties - Collective decision making reduces bias - Represents a cross section of the community - Allows jury members to be more informed about our civil justice system

Answer 38

*Main parties are the plaintiff and defendant - Make decisions about the conduct of the case - Disclose information to the other party - Exchange evidence - Participate in the trial

Answer 39

The individual who the civil claim is against

Answer 40

The individual initiating the civil claim and they have the burden of proof of proving liability on the balance of probabilities

Answer 41

- Each party controls their own case and has control over how the case will be run as long as rules of evidence are followed - They make a decision on, which claims they will make, what defences they will raise, and which witnesses they will call

Answer 42

- Parties must hand over relevant documents - If plaintiff claims to have suffered physical injuries, they provide medical records - If plaintiff claims defendant sent humiliating emails, emails are relevant - If defendant claims they didn't breach a contract, they may produce documents to show they did in fact fulfilling their contract

Answer 43

- Parties need evidence to prove their case, types of evidence includes: - Lay evidence, people giving a witness testimony - Expert evidence, evidence given by a professional about an issue in the case e.g. a doctor

Answer 44

Participating in the trial includes: - Making opening and closing addresses - Presenting the case to the judge or jury - Cross examination of others witnesses

Answer 45

- Have the obligation to disclose ad discover all relevant documents to eachother, ensuring no surprises - Both have opportunities to present their cases, making opening and closing addresses - Have complete control over how they run their case

Answer 46

- Some may be more familiar with their disclosure obligations than others - Process are complex and difficult to understand without the use of a lawyer, making it difficult for self represented parties - Party control means that the parties need time to prepare their case and make decisions, adding to delays and causing stress

Answer 47

They are lawyers who undertake the role of preparing the case on behalf of the parties. they're experts in the area of law and help ensure that parties can present their best possible case

Answer 48

Its difficult for parties to present their case without legal representation. They may not know how to present there case or evidence and how to cross examine a witness due to emotion or stress during the case

Answer 49

- Are experts who are able to help the parties navigate the civil justice system, includes assisting and conducting opening and closing addresses - Have objectivity in being able to make decisions - Help avoid delays that may arise with self represented parties

Answer 50

- Not all are equal, some have more experience than others - Not everyone can afford legal representation - Lawyers are expensive, if they lose they're order to pay the other parties legal costs too

Answer 51

A type of proceeding where a group of people who all have claims against the same party join together in a proceeding, happens when 7 or more people have the same issues

Answer 52

- Start when a single person (lead plaintiff) represents the group - Group members dont have to actively be involved in the proceedings - Group members may need to decide to opt in to the class action or opt out

Answer 53

- If the class action fails, the lead plaintiff will be responsible for the costs and any adverse costs order - Its possible for the law firm of the plaintiff to fund the class acton and can also charge a fee

Answer 54

Depends on the nature of the claim, - 7 or more people - Whether a plaintiff litigation funder, law firm is willing to fund the claim - Someone is willing to be lead plaintiff - Size and nature of the claim - If a persons has suffered a significant amount more than the others

Answer 55

- Impose a large cost burden on the lead plaintiff if class action fails - Size of the class action takes up a significant amount of court time and resources - Approval process for the settlement is significant - Fear by some that class action lawyers take advantage of class actions because they get more out of it - Litigation funders take a large % of the total amount awarded, which then reduces amount for group members and doesn't reflect their actual loss - Some group members may not get adequate or up to date info about the proceeding

Answer 56

- Group members aren't responsible for the payment of any costs, increasing access to justice for group members - More efficient way of dealing with a number of claims - People are able to pursue claims they may otherwise have been prepared to, because the claim is so small and the costs may be too much - Litigation funders and plaintiff laws firms who act upon "no win, no fee", increases access to justice - More convenient way for group members who wish to pursue a claim but don't want the inconvenience of having to actively participate in proceedings

Answer 57

- Inform Victorians about consumer law - Ensure businesses are complying with consumer law - Advises the victorian government on consumer legislation - Provides information and guidance to consumers to educate them what their responsibilities are - Enforce compliance with consumer law - Provides consumers and traders, landlords and tenants with a dispute resolution process

Answer 58

CAV aims to: - Helps people come to a resolution with their dispute effectively without any costs to them - Helps parties reach a resolution that is consistent with the law. - CAV has the ability to enforce compliance with any party not following the law

Answer 59

- Disputes between purchasers and suppliers or consumers and suppliers about the supply or possible supply of goods or services - Disputes between a tenant and a landlord, rental agreement, rent signing or ending a lease, repairs

Answer 60

- Its within its jurisdiction - If the tenant or consumer have tried to resolve the issue themselves, if not CAV won't intervene - Its not a trivial complaint (insignificant) - If the issue has not already been heard in CAV or VCAT - If the issue is likely to be resolved - If theres been a breech in legislation

Answer 61

- When a binding decision is needed and court may be more appropriate - If one party is not taking the process seriously, is unwilling to participate - If the matter is too big or complex for CAV - If the matter is urgent, time sensitive and court would be faster

Answer 62

- CAV's conciliation service is free, meaning that its accessible to all victorians - Process is informal, can be conducted over the phone removing many anxieties people have - Ensures procedural fairness, by allowing both sides the opportunity to present their side of the story - Addresses disputes individually, reducing wasting of time and resources - The conciliation process offered by CAV ensures parties reach a resolution themselves

Answer 63

- Assistace is mainly limited to consumer and CAV disputes, no power to assist with other types of civil diputes - Has no powers to compel parties to undergo conciliation - Has no powers to enforce any decisions reached by the parties in conciliation - Not all cases are accepted, conciliation services limited - Not approproiate for large and complex disagreements

Answer 64

It is a tribunal in Victoria, Australia, that resolves legal disputes and cases. VCAT is less formal than a court and focuses on dispute resolution

Answer 65

- Residential tenancies division - Civil division - Human rights division - Planning and environment - Administrative division

Answer 66

- **Low costs**, no hearing fees for many claims, parties can represent themselves - **Accessible**, conducts hearing in various locations, allowing people to make applications online and conducts hearing online or by phone - **Efficient**, aims to reduce waiting times, doesn't use pre trial procedures or formal processes, members are independent and act as unbiased adjudicators

Answer 67

They have exclusive jurisdiction, if VCAT doesn't have exclusive jurisdiction, parties are welcome to use other methods - Claims by residential landlords and tenants where the Residential Tenancies Act has been breached. - Claims of unlawful discrimination and breaches of the Equal Opportunity Act - Claims by business and consumers that allege the Australian Consumer Law & Fair Trading Act has been breached.

Answer 68

VCAT **can't** hear: - Class actions - Disputes between employees and employers - Between neighbours - About drivers in a car accident - Federal or interstate cases - Where the parties are residents of other states

Answer 69

- Fast track mediation and hearing, up to $10k, if the dispute isnt solved in mediation it will be solved in a hearing on the same day - Compulsory conferences, confidential meetings that occur between the parties in front of a VCAT member, use conciliation - Final hearing, if the matter hasn't been settled it will go to a final hearing before a VCAT member, parties are given an opportunity to present their case, the hearing is less formal and technical

Answer 70

- Require a party to pay money - Require a party to do something - Require a party to refrain from doing something - Declare that a debt is or isn't owing - Review, vary or control a contract - Dismiss a claim

Answer 71

Appeals from a decision made in VCAT can only be made on question of law - Party may argue that the law has not been properly interpreted - If the tribunal was presided over by the president or Vice President the appeal will be heard in the court of appeal, otherwise it will go to the trial division of the supreme court

Answer 72

- Its within VCAT's jurisdiction - If parties want a less formal proceeding - Parties want a cheaper option - Parties want their case heard in a timely manner - Parties are happy to appeal only on questions of law

Answer 73

- Parties can resolve the dispute themselves through mediation - If fees are too high - If parties wish to have avenues of appeals - Case is too complex for VCAT - Case is outside their jurisdiction (defamation cases)

Answer 74

- Cheaper than courts due to low application fees - Offers a speedy resolution of disputes - Informal atmosphere ensures parties can put their case forward in their own way - Flexibility of VCAT's hearing processes ensures fainress and equality for an unrepresented party - Each VCAT list operates in its own specialised jurisdiction, developing expertise in that area of law - Decision mad in the final hearing is binding on the parties, its enforceable

Answer 75

- Due to legal representation, the costs of taking a matter to VCAT can sometimes be high - Has suffered delays in some of its lists - May be too informal, some parties may feel uncomfortable - Can't create precedents, can only apply law made by parliament or the courts - Decision can only be appealed on the point of law, making it complex and expensive - VCAT orders will steel need to be enforced through the courts, taking longer

Answer 76

in determining whether or not a case is appropriate for court, you need to consider - Whether the dispute falls within the courts jurisdiction - Whether the parties are unable to come to a resolution on their own or through dispute resolution methods - When the case is a large complex matter and has a large amount of damages

Answer 77

To interpret and apply laws to civil cases

Answer 78

- Parties haven't attempted to resolve the dispute themselves - Case involves a very Moir civil infringement - Parties want their case solved in a fast and inexpensive manner - The parties want to maintain their relationship

Answer 79

They have unlimited jurisdiction

Answer 80

The limit is $100,000, if they seeking more they go to supreme or county court

Answer 81

Courts can't hear cases where VCAT has exclusive jurisdictions they include - Domestic building disputes - Rental tenancies disputes - Residential tenancies disputes - Planning disputes

Answer 82

Parties should consider solving their disputes outside of court when: - Parties can resolve this through negotiation /mediation - Costs or privacy is an issue - Concern about adverse costs orders - Can't afford legal representation - They're uncomfortable with formal procedures

Answer 83

- Various pre-trial procedures allow the parties to reach an out of court settlement - Undertaking various pre-trial procedures, ensures a more efficient and timely resolution - Use processes to ensure procedural fairness, - Allow interactions between the courts and the parties - Makes a binding decision, meaning outcome is certain and enforceable

Answer 84

- Suffer delays, pre trial procedures take a long time to complete - Costs involved, may restrict access to the courts and limits parties being treated equally - Procedures are complex and difficult to understand without a lawyer - Formalities of the court can be stressful - Don't allow for compromise or "win-win" situations

Answer 85

- Legal representation - Issuing a civil claim in CAV is free, in VCAT is inexpensive, however in courts its costly - Expert witnesses (doctors) - Mediation/conciliation - Filing and hearing fees - Using a jury - Adverse costs orders

Answer 86

- Use of alternative dispute resolution bodies - Use of alternative dispute resolution methods - Disputes resolved faster - Using case management, judge may narrow issue and limit discovery - Orginisations and bodies can provide pro bono assistance

Answer 87

- The cost of lengthy cases, and the missing out on paid work may prevent a party from pursuing their case - Costs associated with a lawyer make it hard to receive legal advice and therefore limit the ability to participate in the case, such as presenting their arguments and presenting evidence

Answer 88

- The cost of lengthy cases and the costs of legal representation can mean not everyone has the same access to expert lawyers creating disparity - Not all legal representation is equal, some may have more expertise but are more expensive impacting equality same treatment

Answer 89

- The cost of lengthy cases as well as legal representation can mean that one party may not be able to afford to pursue their case and therefore never achieve civil justice - If able to afford it, lawyers provide legal information to the client improving access on an informed basis - Costs limit access engagement as there are financial barriers impacting the acheivement of access

Answer 90

- The inability to take time away from work or family for lengthy cases impacts a persons ability to achieve participation

Answer 91

- The length of time a civil case undertakes limits a persons willingness to begin the proceeding

Answer 92

- Not everyone is able to be available for long cases and therefore dont have equal opportunities to present their case

Answer 93

- Backlogs - Pre trial proceedings - Evidence gathering and preparation

Answer 94

- Ordering parties to attend dispute resolution methods - Limit scope of discovery - Order that no pleadings are required - Restrict the time for the final hearing, limiting witnesses - Some matters are dealt with "on the paper" avoiding the need for a trial - Using online methods such as having hearings and mediation online

Answer 95

Damages Injunctions

Answer 96

An amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts of the defendant.

Answer 97

"to return the plaintiff to the original position they were in before the wrong occurred, as much as possible"

Answer 98

A court order directing a person to undertake a specific action, or to stop a specific action. its order to prevent further harm or harm to the plaintiff

Answer 99

- Compensatory, special, general and aggravated - Exemplary damages - Nominal damages - Contemptuous damages

Answer 100

Their aim is to "to return the plaintiff to the original position they were in before the wrong occurred, as much as possible". - Special damages, are to compensate the plaintiff for losses that are quantifiable - General damages aim to compensate for losses that aren't easily quantifiable - Aggravated damages awarded when the court believes the plaintiff suffered humiliation, embarrassment, or insult because of the defendant

Answer 101

- They aim to punish the defendant for an extreme infringement of rights. - Can't be used in defamation cases. - Used to show strong disapproval of the defendants conduct

Answer 102

A small amount of money that has been awarded - Occurs when the plaintiff has proved that they have been wronged but theres no injury, loss, harm or damage - Their aim is to uphold the defendants rights without awarding substanial damages

Answer 103

When the court feels that the plaintiff has a legal right to damages but not a moral right

Answer 104

- If the loss suffered was only financially, then its easily calculated, and the plaintiff may be able to be restored to their organ position - Whether loss suffered was pain and suffering, no amount of damages can restore plaintiff to their original position, they can only compensate the plaintiff - Whether future loss has been suffered (reputation, can't get a job - Whether the damages are actually paid by the defendant, if not then they won't return them to their original positions - Whether other orders or remedies may be required - Whether there are limits on the amounts that can be awarded, limits the ability of damages to achieve its purpose

Answer 105

- If the amount is small, its isn't sufficient to wish the defendant and act a s a deterrent. - Ability of the defendant to pay - The extent to which the award of damages is known, to deter others, award of exemplary damages must be known by public to deter others

Answer 106

- Whether the plaintiff has suffered loss, if plaintiff did suffer loss, but there was no evidence, the plaintiffs rights may not be fully upheld - Amount of damages, if amount is too small it won't uphold plaintiffs rights - Costs incurred to initiate and conduct the civil claim, which can be compensated though nominal damages

Answer 107

Restrictive injunctions Mandatory injunctions

Answer 108

- Orders someone to refrain from doing something - Known as prohibitory injunction

Answer 109

- Orders someone to do something - Purpose is to require the defendant to take action to prevent further harm or remedy the situation

Answer 110

- Whether defendant will comply - Whether harm has already been suffered, an injunction may not be able to address that harm - Whether a restrictive injunction alone is sufficient - Whether there are other orders that may be required - Injunctions dont address the costs, stress and inconvencinac involved in taking the action

Answer 111

- Whether the defendant will do what's ordered, may ignore the order and not do anything - Whether harm has already been suffered - Whether a mandatory injunction alone is sufficient - Whether there are other orders that may be required

Answer 112

A tribunal is a formal body, similar to a court, that resolves disputes and makes decisions about specific matters

Answer 113

- All bills introduced in either the house of representatives or the senate must pass through both houses of commmonwealth parliament

Answer 114

- Acts as a house of review, scrutinising and debating bills that are passed by the house of representatives - can intiate bills (which will then go back to the lower house for review), but not money bills

Answer 115

- Introduce new laws - Have a responsibility to represent the views of the people who elected them - All legislation relating to money/budget can only be introduced in the house of representatives - House of representatives is where governement is formed

Answer 116

A bill is a proposed law which is introduced in parliament by a member of one of its houses

Answer 117

Any member of the house of representatives

Answer 118

1. initiate and make laws, their main role, they will debate and pass bills 2. determine the government 3. act as a house of review, if a bill is initiated in the senate 4. control governement spending 5. represent the people 6. scrutinise governemnt administration

Answer 119

- Consisits of 76 elected memebers - Each state has 12 - Each territory has 2 representatives

Answer 120

1. make laws, can intiate bills except money bills, also debate proposed laws 2. act as a house of review, as most bills introduced in the lower house 3. allows for equal representation of the states 4. scrutinise government administration 5. another role of the Senate is to act as a states house

Answer 121

- There are 88 members - victoria is divided into 88 electorates - elections are every 4 years - the political patrty that wins the election forms the legislative assembly - leader of governemnet known as the premier

Answer 122

1. intiate and make laws, debate and pass bills 2. form gvernment, after an election the political party with the most members will form the legislative assembly 3. act as a house of review, if a bill intiated in the legislative council, assembly will review it 4. control government expenditure 5. represent the people and act on their behalf 6. scrutinise government administration

Answer 123

- there are 40 members - victoria is divided into 8 regions of 11 electoral districts - 5 members elected for each region - elections every 4 years - primary role is to be the house of review

Answer 124

1. acts as a house of review, will review bills passed by the legislative assembly 2. intitiate and pass bills, cant introduce money bills 3. scrutinise government administration, ministers who are members of the upper house can be questioned and scrutinised about their policies

Answer 125

Represented by - the governor general, at the federal level and the 6 governers at the state level - their main responsibilty is to ensure that the democratic system operates effectively

Answer 126

- Granting royal assent - witholding royal assent - appointing the executive coucil (the PM or premior, senior and assistant ministers)

Answer 127

Their role is to - Give advice to the governor general or the governemnt (the crown) on matters such as approving regulations and delegated legislation is the - governor general

Answer 128

- Exclusive - Concurrent - Residual

Answer 129

- Theyre set out in secton 51 of the constitution, theyre exclusive to the commonwealth parliament only - Eg, defence, currency, customs, immigration and border protection

Answer 130

- Law making powers that both the commonwealth and state parliaments share - Eg Trade, marriage and divorce, postal, telographic, taxation

Answer 131

- powers left with the state at the time of federation, not listed in the constitiution - Eg medical procedures, road laws,education, public transport, criminal law

Answer 132

- section 51 - "gives power to the commonwealth to make laws regarding customs and excise, relating to naval and military forces, currency, coinage ad legal tender

Answer 133

- It restricts state parliamnets from passing laws in areas already covered by commonwealth legislation - State law is not automatically invalid, must be challenged in the high court to be declared inconsistent - if the commonwealth law is repealed or changed the previously invalid state law may gain refect - determining inconsitency is complex and often requires high court interpretation

Answer 134

When a law of state is inconsistent with a law of the commonwealth, the latter shall prevail (commonwealth), and the former shall, to an extent of the inconsitency, be invalid

Answer 135

The McBain case - an IVF doctor discriminated against treatment for couples who are not married and living with their husband - the actions of the doctor abided by *s.8 of the infertility treatment act (vic)* - but went against *s.22 of the sex discrimination act (cth)*

Answer 136

- The Tasmanian dam case (Franklin dam, originally under residual law making powers) - the Brislan case (wireless radios, originally under residual law making powers)

Answer 137

- resulted in a shift in the division of law making powers from the state to the commonwealth - if a state parliament passed a law in broadcasting of wireless sets and there was a conflict between the state law and the commonwealth law, the commonwealth law would prevail in accordance with section 109 of the constitution - reduced the states power as its now an area of concurrent power - the internet and other activities that occur using the internet could fall under section 51

Answer 138

- Though high courts interpretation of section 51(xxix), commonwealth parliament was able to move into a law making area previously considered a residual power - External affairs power can be used to implement obligation under treateies Eg. environemnt is an area of residual power but commonwealth can legislate in this area if it were to give effect to international treaty obligations - can broaden the commonwealths power to areas that were previously in the domain of the states - the high court held that the commonwealth cant make laws beyond whats in the treaty - power doesnt enable the commonwealth to make laws that infringe on express rights. if legislation passsed by commonwealth impacts such as rights to freedom of religion, legislation found to be invalid.

Answer 139

- Bicameral system of parliament - international pressures - representative nature of government

Answer 140

- a bill needs to be passed in identical form by majority of members in both houses of parliament for it to become law - the requirement for two differnet groups of people to agree on a law being made is for the quality control of a bill in two ways 1. Senate rewievs propsed law to ensure there is no misuse of law making power by the other house 2. senate double checks the bill and may suggest amendments - the requirement for both houses to pass a bill can both enable and limit the ability of parliament to make a law

Answer 141

- international pressures such as - local activists who organise petitions for change - international activists who seek to generate change across the globe - other countries which may urge australia to change its laws - the UN critisices the australian govenment - non-gov orginisations, release an annual report that looks at global human rights issues - large trasnactional corporations, public campaigns against australian laws

Answer 142

- existence of the two hosues allows for reviw of legislation by the second house, the scrutiny provides for checks and balance against abuse of power - if gov holds a slim majority or there is a hung parliament then considerable debate can occur in the lower house, if there is a hostile senate or there are many minor parties then the upper house is likely to review bills passed therough the lower house more carefully, increases the check on parliament in law making - requirment for a bicameral system is specifcly stated in the constituion, means that parleimtn isnt able to pass legislation that ablosihes either house, the only way i which the bicamerla nature can change is through a referendum

Answer 143

- if governemnt holds a majority in the lower house debate and negotiations are unlikely to occur - increase in the number of minor parties and independents in the senate, means law making is stalled or laws are not as effective (laws amended to satisfy minor parties) - government controls upper house tends to be a rubber stamp confirming the decsion made in the lower house, dilutes the check the upper house has in law making - constitutions dont require state parliaments to be bicameral, no constitutional requirmenet for vic parliament to have two houses - laws only passed if the laws that the federal governemnt supports, dilutes the checks for law making as it means that laws that are suported by the majoty of people but not in line with the federal governemnts own policies or views are unlikely to get though parliament

Answer 144

aus faced growing pressure to cut carbon emmisions tagrets in an effort to combat climate change - aus signed a paris agreemnt which pledegd aus to cutting emissions - cimate change a polarising issue, may support a reductions in emissions, many cocerned about the costs to everyday life - aus parliamnet has to weight the concerns of both sides

Answer 145

Parliamentary system is democratic, therefore people elect the members to make laws on their behalf

Answer 146

1. diversity 2. willingness to act in accordance with the views of the majority 3. reguar elections

Answer 147

- aus is a very diverse country, parliamnets dont reflect this - some argue due to a lack of diversity certain grous intrests arent well represented - some also argue diversity of parliaments doesnt affect their abilty to reresent people as there are means by which members of parliament can understand needs and intrests of their community. individuals can communicate with local members

Answer 148

- representative nature of parliament encourages members to listen to the views of the community - while its difficult to asses the majority view, some demands for law reform are expressed through the media - example includes vics repsonse to incidents where the nazi symbol was displayed - members may introduce and support laws that are popular with voters rather than passing laws that may be neccesary, but are unpopular with voters

Answer 149

- elections held so people can vote for politicians to represent them in parliament - compuslory to vote, some argue compulsory voting undermnines the prinicple of representative government because it forces the unintrested to vote - elections for the commonwealth parliamnt are held every 3 years, vic parliament is every 4 years - federal elections arent held on a fixed date gov can call an early election when the poitical climate might best suit them

Answer 150

- protecting representative government - seperation of powers - the express protection of rights

Answer 151

- it protects representative govenrment - principle of a representatove governemnt is enshrined in the constitution - s.7 sets out matters related to the senat - s. 24 sets out mattters related to the house of reps - both require the cth houses of parlimanet to be directly chosen by the people - high court made it clear that when passing law the commonwealth parliamnet cant interfere with peoples capactiy to engage in the political process - the decsion in the roach case uholds the requirement that members of the commonwealth parliament must be directly chosen by the people

Answer 152

- high court is limeted to interpreting the words in the constitution, cant add new words or phrases - can only intervene and protect the principle of a representative governemnt if a person challenges a law, requires a person with standing, cost and time - the interpreation of the high court will be depednat on its compostion, some justices are more conservative in their approach

Answer 153

- judges are independent from parliament in the executive allowing decision to be made based on legal priniples rather than political pressure - individuals can challenge laws in the high court, reinforces that members arent above the law - judges are experienced and have access to a wide range of legal resources, ensures decisions are well formed - both the high court and the prinplce of representative government are outlined in the constitution and can only be changed by a referendum

Answer 154

- high court can only decide on issues before it and cant proactively create general legal principles - taking a case to the high court is expensive, complex and requires standing, may prevent individuals from challenging laws that limit representative government - effectiveness of the high court may vary depending on the view of the justices - future high court judges may interpret the constitution differently which could lead to changes in how representative government is protected

Answer 155

- the purpose of the seperation of powers is to ensure that no one body has absolute power or control over the functions of the political and legal systems - the three are 1. executive power 2. legislative power 3. judicial power - it holds the rule of law, the idea that everybody is subject to the the law and nobody is above the law

Answer 156

- is the power ot adminster the laws and manage the businses of govenrment - in the commonwealth this power is vested in the governer-general under chapter 11 of the constitution - at a state level this power is vested in the governor as the kings representative, set out in section 61 of the constitution - it establishes that the governeor genreal holds this power - in practise that power is placed in the cabinet which constist of the PM and senior government ministers who advise the govrnor general - all members are sworn into the executive by the governor general - they act as a check on parliament as the executive is resposible for admisetinrg laws and esuring governemnt runs effeicintly

Answer 157

- is the power to make laws - s.61 of the constitution establishes that parliament is the body repsonsible for making laws - its made up of every eleceted memeber of parliament - they act as a check on parliamnet as theyr role is to make laws which they do through the legislative process - legislatve and executive power are combined, the power to administer the law and carry out the business of government is placed in the hands of the cabinet whose main role is to decide on general government policies and formualte proposed laws to be introudced to parliament

Answer 158

- power given to court and tribunals to enforce the law and settle disputes - s.71 of the constitution states that judicial power of the commonwealth shall be vested in the courts - only a court or tribunal has the power to decide if a law (made by parliament) has been violated - its the role of the high court to decide disputes on issues involviing the constitituion - they act as a check on parliament as the role of all courts is to interperat and apply laws that are passed by the legislative arm of parliament

Answer 159

- whle parliament makes laws, the judiciary can invalidate, strike down or declare invalid any law that exceds parliaments law making power - judges are indepdenet of the executive and legislative, ensures impartial decison making especially when the ocmmonwelath is a party in the case - depsite overlap, measure exist to protec seperation, public servnats cant be members of parliament thus avoiding executive influence and power over parliament - the seperation of powers is outlined in the constitution and cant be abolished without a referendum

Answer 160

- in practise legislative and executive powers are combined( eg, ministers ist in parliamnet) which limits the seperation of powers as a strong check - judges appointed by the executive can lead to percepetios of politiclal bias if government selects judges based on ideologies - judiciary can only act when a relevant case is brought before the court requires someone with standing and resources - constitution only requires federal seperation of powers, states not constitutionally bound to uphold this principle in the same way

Answer 161

- the rights are entrenched, cannot be altered unless by a referendum - the High Court may invalidate any Commonwealth law that infringes an express right, preventing Parliament from legislating beyond its power

Answer 162

a right that is specifically listed in the constitution - theyre entrenched in the constitution, can only be changed through a referendum -

Answer 163

1. right to freedom of religion by preventing the commonwealth from making laws establsihing a religion, imposing any form of religious ceremony or worship and prohibiting the exercise of any religion 2. the righ t free intersta trade and commerce 3. the right to recieve just temrs when property is acquired by the commonwealth 4. right to trial by jury for indictable commonwealth offences 5. the right to not be discriminated against on the basis of the state where your reside

Answer 164

- s. 116 of the constitution states that parlament cant make a law that establishes - a state religion, - imposes any religious observvant, - prohibits the free exercise of any religion, - requires a religious test as a requirmenet for holding any commonwealth office

Answer 165

- s.92 of the constitution, interstae trade and commerce must be free - prevenets parliament from treating interstate trade diifferntly from trade within a state - restricts taxes on goods, moving from one state from another from being imposed

Answer 166

- s.51 of the consttution commonwealth must provide just terms when acquring property - commonwealth must pay and fair reasonable compensation

Answer 167

- s.80 there must be a jury for indictable commonwealth offences under criminal law - however s.80 provides only a limited right to trial by jury for 2 resosns 1. most indictable offences under state law, this sesction only aplies ot cth offenes 2. high court ruled indictable means section 80 only extends to only serious offences

Answer 168

- s.117 of consttuion its unlawful for state and comonwltha governmet to discirmabte aginst someone based on where they resdie - high court has said states can favour their own residents in certain circumstance (voting)

Answer 169

- impose limits on pent when making law in certain ares - are ientrenched and cant be removed - difficult to pass, express rights contuinue to act a sa check - when a matter is brought before it high court can act swiftly to be beyond parliemntle power therefore invalid - high court indepdent and wil make desicons protecting the express rights

Answer 170

- rights protcted limited in scope, some apply to commonwealth and not to state - referendums difficult to pass, express rights havent change, reduces the checks on pment bcs theres unlikely additional rights - for high courts to hear a challenge against actions of pment regarding express rights, cas must be browght to court, court expesnsie, person needs standig - express protection of rights doesnt prevent ocoomonwelath from passing the law, it will require the law to be challenged in court for the law to be invalid

Answer 171

- The principle of separation of powers prevents power from being concentrated in one set of hands - no abuse of power from one body

Answer 172

strengths - The separation of powers allows for the executive to be scrutinised by the legislature. This provides checks and balances in that legislature and law maker can refuse to pass legislation that is inappropriate. - The judiciary is independent of the parliament and government. This independence is vital, especially when the commonwealth is a party in a case heard before the court. weaknesses - In reality the legislative power and the executive power are combined. This can decrease the ability of separation of powers principle to act as a check on each of the powers. - Judges are appointed by the executive. This may result in the perception that the executive is influencing the composition of the benches of superior courts.

Answer 173

Strengths: - Express rights impose limits on what parliament can make laws on and what it can't - Express rights cannot be removed by the commonwealth parliament. - Any person who believes these rights where infringed can take a case to the High Court. The high court can then declare the law invalid allowing judicial check on parliament. Weaknesses: - Because express rights can only be changed by a referendum, which is a difficult process to undertake, there is limited ability for further rights to be added to the constitution. - Rights that are protected are limited in scope.

Answer 174

STRENGTHS: - The existence of the High Court allows individuals who have an interest in the case to bring the matter to court and have a law overturned - The judges of the High Court are experienced in making decisions, they have available to them a wide range of legal resources to ensure that decisions are properly made. - Where a parliament has made law outside its power, the High Court can act as an independent check to confirm whether there has been an abuse of power. WEAKNESSES: - Judges can only rule on the facts of the case that is brought before them. They cannot create general principles of law outside the immediate case. - High Court judges cannot intervene in a dispute over parliamentary authority unless a case is brought before them. Such cases are often complex and expensive for the ordinary person. - The role of the High Court in interpreting the Constitution is limited by the fact that litigation is expensive, which potentially reduces the volume of cases that can be heard by the Court.

Answer 175

Crown: Governor General Upper House: The Senate Lower House: House of Representatives

Answer 176

Crown: Governor Upper House: Legislative Council Lower House: Legislative Assembly

Answer 177

- Initiating legislation - Reviewing legislation - Acting as a states' house

Answer 178

Refers to the introduction of new bills to be debated and passed, however most legislation is introduced in the House of Representatives. Bills that intend to impose taxation or spend Commonwealth revenue must be initiated in the House of Representatives

Answer 179

The Senate achieves this role if the majority is controlled by the opposing party or where minor parties/ independents hold the balance of power as: - legislation cannot be rushed through without debate - government bills will be debated and reviewed before being voted upon - opposition/ minor party Senators will often demand amendments in return for supporting a bill

Answer 180

-The Senate does not achieve this role when the majority is controlled by the government (rare) as: - legislation can be rushed through with little debate - government do not need to agree to amendments from opposition or minor party Senators in order to secure their support for a bill

Answer 181

- Judges can make laws when interpreting the meaning of statute to resolve a case - occurs when there is a dispute over the meaning of the words and phrases contained in an act of parliament

Answer 182

- resolving problems that occur during the drafting process - to resolve problems that occur when a court is applying the act of parliament to resolve a case

Answer 183

- as drafting bills is a complex task, parliamentary counsel must gain info from a range of documents - the complexities mean that some words and phrases will be unclear and in need of interpretation before they can be applied to resolve the case before the courts - the bill may have not taken future circumstances into account - the intention of the bill may have not been clearly expressed - mistakes in the drafting of the bill

Answer 184

- most legislation is drafted in general terms so that it can cover a wide range of circumstances - the act may have become out of dat and no longer reflect community views and values - meaning of words may be ambiguous - the act might be silent on an issue and the courts may need to fill gas in the legislation - the meaning of words can change over time

Answer 185

- the word or phrase contained in the disputed legislation are given meaning - the courts decision on the meaning of the legislation is binding on the parties - a precedent may be set for future cases to follow - the meaning of the legislation can be restricted or expanded

Answer 186

- through statutory interpretation, where they can interpret words in the legislation - through establishing precedents when determining cases, they make common law

Answer 187

- like cases are decided in a like manner, enabling parties in a dispute to look back at previous cases to gain some idea of how a court might determine their case - legal representatives can give advice on the likely outcome of the case - judges have guidance - decisions made by more experienced judges in higher courts are followed in lower courts - the same point is not being decided over and over again preventing the waste of resources

Answer 188

- binding precedent - persuasive precedent - ways to develop and avoid precedents (reversing, overruling, distinguishing, and disapproving of precedent)

Answer 189

- a precedent that has been established in the superior courts and must be followed by lower courts when resolving disputes with similar material facts

Answer 190

- its the legal reasoning behind the decision or statement of law to be followed in the future

Answer 191

- is another way of describing the process of lower courts following the reasons for the decisions of higher courts - 'to stand by what has been decided' - where appropriate, judges should stand by previous decisions to ensure common law is consistent and predictable

Answer 192

- A latin term meaning ‘by the way’; comments made by the judge in a particular case that may be persuasive in future cases (even though they do not form a part of the reason for the decision and are not binding)

Answer 193

A latin term meaning ‘out of the aftermath’, a legal term used to describe a law that is established in relation to an event that has already taken place

Answer 194

- are precedents that are not binding on a court but may still be considered by a judge and used to influence their decision they may be: - set by courts in another court hierarchy, such as in another state, territory - set by lower courts in the same court hierarchy - set by courts of the same standing within the same court hierarchy

Answer 195

- when deciding on cases, judges will consider precedents established in earlier cases, if a judge is not bound to follow earlier precedents, they may - adopt the precedent - choose not to follow the existing precedent There are other ways judges can treat precedents - reversing - overruling - distinguishing - disapproving

Answer 196

- when hearing a case on appeal from a lower court a judge may disagree with and decide to change the previously established precedent set by the lower court - when a court reverses an earlier decision or precedent, a new precedent is created by the superior courts decision

Answer 197

- a judge in a superior court may decide not to follow previous precedent set by a lower court in a different and earlier case - overruling a precedent is changing a precedent in a different and later case

Answer 198

- judges can avoid following an existing binding precedent if they can find a difference between the material facts of the case in which the existing precedent was set - a court can decide to distinguish a precedent, because a precedent set by a superior court in the same hierarchy is only binding on a lower court in a case where the material facts are similar

Answer 199

- judges and magistrates who are bound to follow precedents set by superior courts in the same hierarchy may express their dissatisfaction with the precedent - although this dissatisfaction doesn't allow the lower court to avoid following the precedent, it may be used during an appeal to indicate the original judges dissatisfaction - judges in courts of the same standing and judges in superior courts may also express their disapproval of an existing precedent rather than overruling it, preferring a more superior court to change the law

Answer 200

- the doctrine of precedent - judicial conservatism and judicial activism - cost and time in bringing a case to court - the requirement for standing

Answer 201

- consistency and predictability - flexibility (expands and restricts the ability of lower courts to change the law)

Answer 202

- judges must wait for a relevant case to be brought before them and only the superior courts can make laws - judges in superior courts are restricted to making law that is needed to clarify some issue or matter raised in the case before them - judges make law, as the doctrine of precedent only permits courts to make law when a dispute is brought before them - while judges can make law through the establishment of precedents and have the power to clarify and expand or limit the meaning of legislation

Answer 203

- legal representatives able to give advice on the likely outcome of a case, as they will have some understand as to how the court may decide the case - decisions made by more experienced judges in higher Cours are followed in lower courts - judges have some guidance - like cases decided in a like manner - the same point is not being decided over and over again which would be a waste of resources

Answer 204

- not straightforward to predict future developments - judges in higher courts are restricted to making law that is needed to clarify some issue or matter raised in the case before them - complexity and costs involved locating relevant precedents - judges must wait for a relevant case to be brought before them - challenge in identifying the legal reasoning behind a decision (ratio decidendi)

Answer 205

- refers to the idea that the courts should show restrain or caution when making decisions and rulings that could lead to significant changes in the law - the belief that judges should ensure their decisions are not based on their own views or political opinions but rather only interpret the law not rewrite it - the courts should limit their role as law makers when determining constitutional disputes

Answer 206

- follows past decisions due to the principle of stare decisis, this principle precedent allows for consistency and predictability

Answer 207

- refers to court judges who were willing to broadly interpret the rights protected in the constitution and ,make decisions to declare legislation that breached the acts invalid - refers to judges who were willing to make ruling against the more politically conservative or traditional mainstream view in an attempt to protect the interest or rights of a minority or group

Answer 208

- costs of legal representation - court fees, to lodge a civil claim, including filing fees, hearing fees and jury costs

Answer 209

- once a case is brought before a superior court where precedents are set, the matter must continue until a decision has been made and the dispute resolved - usually a speedy process

Answer 210

- the party initiating the case must be directly affected by the issues or matters involved in the case to have the right to commence legal proceedings in court - in the high court, a person must have special interest, where the person is more affected than other members of the general public - any potential improvements to the law that could have been made by listening to those with only intellectual interest in the case are lost

Answer 211

- to ensure cases are only pursued by people who are genuinely affected by an issue or matter. This prevents waste of court resources, time on cases in which the plaintiff is not directly affected by the matter and outcome of the case

Answer 212

- not everyone can initiate a claim if they are not directly effected by the issue - this would result in a limitation of the courts ability to make laws as not many people can take a case to the court

Answer 213

The requirement that a party must be directly affected by the matters or issues involved in a case for the court to be able to hear and determine it

Answer 214

- the supremacy of parliament - the ability of courts to influence parliament - the codification of common law - the abrogation of common law

Answer 215

- p'ment is the supreme law making body - it can make and change any law within its constitutional power - therefore it can confirm and abrogate common law (except for high court constitutional decisions) - p'ment has the power to create courts, give them or change jurisdictional power - can also restrict a courts ability to make to make decisions in certain matters - however parliament must also ensure the separation of powers requirement is met, the courts remain independent and that they keep their power to determine if the p'ment has ruled beyond its power

Answer 216

- courts can indirectly influence p'ment to make and change law - judges may make comments that inspire or encourage p'ment to response and initiate law reform - judges do this with the comments they make when handing down judgements (via their comments of obiter dicta) - p'ment can also respond if a court bound by precedent applies the precedent and in doing so causes injustice - p'ment can also respond if a court is following an outdated precedent due to judicial conservatism - cots also highlight problems or even cause public outcry which causes p'ment to respond

Answer 217

- as p'ment is the supreme law making body it can pull together all common law and legislation in a particular area and create one all-encompassing law - the process reinforce the principles established in common law - it also gives p'ment the opportunity to clarify, expand, or reform relevant areas - some areas where codificaion has occurred include taxation, consumer law and self defence - the laws on these areas can now all be found in legislation

Answer 218

- p'ment can pass laws that abrogate decisions of the courts except constitutional decisions - this can happen because: - p'ment feels that he courts interpreted words or phrases incorrectly, in a way not intended by p'ment or in a way that does not reflect the current meaning of the act - however it can be argued that the power could lead to an unjust law if p'ment abrogated a valid court principle that has been established and considered by multiple independent and experienced judges

Answer 219

- changes in beliefs, values and attitudes - changes in living conditions - advances in technology - a greater need for the protection of the community

Answer 220

- if the law is to remain relevant it must be acceptable to the majority of the people - sometimes our values change due to an increased level of education - awareness of health risks associated with smoking, banning of ads at sporting events - rights for LGT people

Answer 221

includes a) changes in social conditions - increased population, can lead o increased need for healthcare, taxation, welfare b) changes in economic conditions - technology and globalisation create issues that need to be addressed, such as in the workforce c) changes in international conditions - global violence, terrorist attacks, causes more refugees

Answer 222

- as tech improves it opens up issues that can't be imagined so our laws need to e altered to cater for the possibilities that arise - laws for cyberbullying, scams, identity theft - advances in genetic research led to medical advancements laws needed to regulate these advances

Answer 223

- the main role of laws is to protect the community from harm - assault, harassment - some people have specific needs and rights that need to be protected

Answer 224

- petitions - demonstrations - the use of courts

Answer 225

- a petitions is a request for parliament to act on a matter - can be written or electronic - the only way to present concerns or complaints directly to parliament RULES: - is addressed to the house its being presented in - clearly states the action being requested - is limited by words - is legible and doesn't contain offensive lang - has at least one signature - an original document

Answer 226

- the more signature the more likely to appear as representative of the community and its support - links with a representative govenrment so more likely to be considred - passion and profile of the presenting member in parliament will play a role

Answer 227

- involves a group of pope who gather to express a common concern with an existing law or issue - they raise awareness for the need to change and generate further support for the change

Answer 228

- an individual may play a role in changing the law when the courts apply statutory interpretation to resolve the dispute - individuals can challenge a law through the court system in hope for clarification of ambiguous or unclear words HOWEVER: - can only happen if people bring a case to court, as theyre often limited by costs, time and standing

Answer 229

- largely depends on whether it attracts media attention as well as the publics attention - if enough attention is attracted then the public can be alerted and educated on the issue - could increase support, in turn attract the attention of our law makers HOWEVER: - violent, inconvenient or poorly attended demonstrations can have less impact - disorganised demonstrations or ones lacking a central message or call to action may be less effective in creating change

Answer 230

- to inform and raise awareness - to assess levels of community support - influence community opinion

Answer 231

- parliament, individuals and organisations use the media to inform, raise awareness and generate interest about issues such as the need for law refomr - a platform to communicate directly and in a deliberate way - there is little restriction and censorship in the media - information is instantly received and can be quickly disseminated and shared

Answer 232

- parliament, and organisations can use the media to assess the lives of support for law reform - polls are used to collect data and media is used to publish and explain the results - measuring number of likes, shares, and retweets

Answer 233

- the media can investigate local, national and global events - can influence the government to take action - documentaries can highlight issues, inform the public and get government action

Answer 234

1. media concentration, - refers to the ownership of the mass media by few individuals, can influence community views on issues by determining the type of information they broadcast 2. risk of the spread of misinformation - platforms duplicate and spread information quickly - digital platforms not regulated the same as other traditional media platforms 3. the use of algorithms - a social media site may use an algorithm that learns from individual behaviour, and users are shown content that the site predicts the user will read or enjoy

Answer 235

- as parliament talks time and resources, it hands over tasks to an independent law reform body to conduct research on an investigation and make recommendations. it aims to: - give impartial advice and make recommendations that are practical and bale to be implemented - to produce a fair and inclusive legal system

Answer 236

- major inquiry: examine, report and make suggestions on any proposal or matter reared to it by the attorney general - community inquiry: investigate minor issues that it considers to be of concern to the community and report back with suggestions to the attorney general - monitoring: and coordinating law reform activity by consulting with the community and then asking the attorney general to refer to a matter relating to law reform to them - education: undertaking and developing education programs to inform the community about its work

Answer 237

- to begin an investigation they will need to have terms of reference given by the attorney general or drafted by the VLRC - will then consult with expert bodies in the area of review and the general community - it may also undertake initial research and consult experts, establish an expert panel or committee, abash a final report and present it to the attorney general

Answer 238

- Stalking is a crime and carries a max 10 year sentence - a terms of reference from the attorney general was give to the VLRC asking it to consider 1. how the laws could be strengthened to promote and enhance victim safety and wellbeing 2. barriers to reporting for victims of stalking 3. sentencing practises and sentencing options

Answer 239

- as Gove asks the VLRC to investigate in specific areas more likely to act on the VLRC report. and recommendations - also has the power to investigate and make recommendation on minor matter or areas of law reform without a refrence from the attorney general, which leads to important law refomr - can measure community views on areas of investigation by holding consultations - can investigate areas comprehensively so gov can initiate laws that cover the whole issue - is independent of parliament can remain impartial - highlights influential on parliament

Answer 240

- Gove may support the VLRC, may ned the support of the cross bench to pass law reform - recommendations not immediately implemented - limited by how many projects it can undertake at a time - can only initiate investigations without a reference if it won't consume too many resources, therefore its ability to investigate without a reference from the attorney general is limited - can be time consming - investigation limited to the terms of reference

Answer 241

- used to investigate the need for law reform in a particular area - reporting back their findings and recommendations back to the whole parliament - consult and consider the views of the whole parliament

Answer 242

- receives the terms of reference that specify the precise purpose of the inquiry, specific issues and date of final report - publicises terms of reference and seeks input - undertakes public hearing inviting a range of people to provide their input and answer q's - prepares a written report once all submissions have been received and considered

Answer 243

- as requested by the parliament to investigate the need for law reform, more likely to accept recommendations form them - made up of members of all sides of parliament so more objective and balanced - the in-depth nature of investigation means all sides of an issue will be looked at and consisted before making a final decision

Answer 244

- recommendations dont have to be accepted by parliament - are timely and costly, apart from the resources needed to conduct an investigation, may act as a deterrent for members of parliament to be involved - can have people form the government which can lead to them pshing their own agenda and not fully examining other points of view

Answer 245

The parliamentary committee (standing committee) was asked to conduct an inquiry into and report on online gambling - the impact and harm of online gambling - effectiveness of existing protections that aim to reduce harm caused by online gambling - need to change the interactive gambling act

Answer 246

- committee began a consultation process so that interested individuals and organisations could share their experiences of the harm caused by online gambling - the committee received 161 written submissions from interested individuals and groups - had 1 days of public hearing to allow individuals to provide a detailed account of their experiences an suggestions for legal change

Answer 247

- the report highlighted the incidence of online gambling - report included government banning all forms of online gambling advertising - establishing an online gambling public education program, to increase awareness of the harm

Answer 248

- to recognise Australia's First Nations people - increase the protection of rights - to change the commonwealths law makig powers - to reform Australias political system

Answer 249

- to allow first nations peoples to provide advice to the commonwealth parliament on policies or laws that impact directly on First Nations people - the body would have been chosen by First Nations people and been representative of their communities - to honour and recognise First Nations peoples in the constitution

Answer 250

- 5 express rights in the constitution impose limits or restrictions on what laws the commonwealth parliament can make - acts as a form of protection of freedom of religion

Answer 251

- commonwealth parliament has exclusive law making power and concurrent powers - parliament has sought to change the Australian constitution to provide it with more power - to decrease the commonwealths law making powers, section of the constitution which gives the power to the commonwealth to make laws fr the people of any race

Answer 252

1. timing of federal elections, where the parliament of the day can call elections prior to the 3 year max of their term where it most suits the political climate 2. allowing more people eligible to sit in parliament, those who sit in parliament font reflect the broader composition of our society, s. 44 prevents dual citizens from being members of the p'ment 3. becoming a republic - there have been calls to change our political system to make Australia a republic, an elected Australian individual as the head of state instead of the king

Answer 253

- the constitution can only be changed through a referendum - procedure for changing the constitution is outlined in s. 128 of the Australian constitution

Answer 254

- any proposed change must first be passed in the commonwealth parliament - a bill is prepared, which will set out the proposed alteration - bill must be passed on absolute majority in both houses of parliament - propsal must be submitted to voters between 2-6 months after its passed through parliament

Answer 255

- a compulsory vote on a proposed change to the wording of the Australian constitution - the Australian electoral commission sends info explaining it and arguments for and against it - voters required to answer yes or no

Answer 256

- if a proposed change receives a yes vote 1. form a majority of voters in a majority of state as well as 2. majority of electorates in Australia - then presented tot he governor general for royal assent

Answer 257

- s. 128 of the constitution states that a double majority must be achieved where a majority of voters in Australia (+50%) and a majority of voters in a majority of states (4/6) must vote yes - difficult to achieve - ensures wording of the constitution only changed with the agreement of voters

Answer 258

- bipartisan support - whether voters are seeking change - nature of the proposal - education about the proposal

Answer 259

- when two major political parties are in agreeable on the views of the issue, both are pressing for an overall yes. -voters look for guidance about how to vote from the party they support

Answer 260

- if the general public supports and active advocates for the change, voters feel connected to the issue - however when a referendum is mainly driven by the government or political figures, many less likely to vote due to scepticism

Answer 261

- the clarity and simplicity of the proposal - if its straightforward and easy to understand voters more likely to support it - if changes are complex or difficult to grasp voters more inclined to vote no

Answer 262

- the public often have limited knowledge of the political and legal system structures - a strong educational campaign ensured the need for change is communicated - materials provided tot he public such a the referendum booklet - without proper education, voters may not fully understand the significance of the proposed changes and are inclined to vote no

Answer 263

- the constitution excluded th c'wealth from legislating for First Nations people an prohibited their inclusion in the national census -

LEG YR 12 Flashcards

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