LEGAL EXAMINATION

Question 1

example of each division of powers

Answer 1

Exclusive(cth)
-currency and defence
Concurrent(both)
-marriage and taxation
Residual(state)
-health and education

Question 2

right to be tried w/o unreasonable delay protected by..

Answer 2

victorian charter of human rights

Question 3

the right to a jury trial protected by..

Answer 3

Australian constitution
Cth indictable- section 80 of the cth constitution
In victoria- juries act

Question 4

the right to a fair hearing protected by..

Answer 4

section 24 of human rights charter

Question 5

the right to give evidence as a vulnerable witness protected by

Answer 5

criminal procedures act

Question 6

the right to be informed about the proceedings protected by

Answer 6

victims charter act

Question 7

the right to be informed about the likely release date of the accused- info

Answer 7

likely release date
right to make submissions
if the offender escapes
length of sentence

Question 8

informed about the proceedings info

Answer 8

investigatory agencies:
- compensation, support services and legal assiastence
prosecution:
-info surrounding the offence
-reasons for no charge
time/date of proceedings
-if there are any appeals

Question 9

two express rights

Answer 9

1. Jury trial (s.80) – there must be a jury trial for indictable Commonwealth offences
2. Religion (s.116) – no law may establish a state religion, prohibit
   the free exercise of any religion

Question 10

factors that act as a check on parliament law making

Answer 10

bicameral structure
express protection of rights
separation of powers
role of the HC interpreting law
requirement of double majority

Question 11

factors that affect the ability of courts to make law

Answer 11

a) the doctrine of precedent
b) judicial conservatism
c) judicial activism
d) costs and time in bringing a case to court
e) the requirement for standing

Question 12

Features of the relationship between courts & parliament in law making

Answer 12

a) the supremacy of parliament
b) the ability of courts to influence parliament
c) the interpretation of statutes by courts
d) the codification of common law
e) the abrogation of common law

Question 13

the ability of the Australian people to change or protect the Australian Constitution

Answer 13

-Double majority
-Timing- if it’s during elections voters are often more concerned about who will win
-Lack of bipartisan support- support of both major political parties
-Voter conservatism
-level of voter understanding

Question 14

petitions

Answer 14

-reflect community values
-mps must table in parliament
-can raise public awareness of an issue
-simple and inexpensive

-not visual
-does not guarantee reform
-hard to get signatures
-parliament receives thousands each year

Question 15

demonstrations

Answer 15

-visual display of support
-attract media attention
-raise public awareness

-negative media attention
-difficult to organise
-not effective outside aus law

Question 16

s109 case

Answer 16

mcbain

Question 17

s 7 and s24 case

Answer 17

tv broadcasting act
political communications

Question 18

case of high courts interpretation impacted dop’s

Answer 18

Brislan’s case 1935
wireless telegraphy act

Question 19

recent reform criminal

Answer 19

-broadening of sentence indications
-expansion of county koori court

Question 20

recommended reform criminal

Answer 20

-committal proceedings- single issues hearing
-improving access to interpreters

Question 21

civil recent reform

Answer 21

covid related funding boosts

Question 22

civil recommended reforms

Question 23

VLRC strengths and weaknesses

Answer 23

-gov is likely to accept
-reflect community values
-conduct research without ag referral

-parliament has no obligation to accept recommendations
-costly and timely
-restrictions of what they can reform (minor or AG referred)

Question 24

VLRC research

Answer 24

sent out an issues paper to receive public submissions
-recieved 27 submissions
-consulted with 38 bodies w direct interest

Question 25

PC research

Answer 25

-conducted 28 public hearings –received over 1400 submissions
-made 17 recs

Question 26

pc strengths and weaknesses

Answer 26

-community input
-involvement of mps
-can investigate a wide range of issues

-limited resources
-parliament has no obligation to respond
-domination by government

Question 27

ability of parliament to respond to law reform

Answer 27

-supreme law making body(abrogation +codification)
-Parliament can investigate the need for law reform (pcs/VLRC)
-parliament can respond quickly(doesn’t have to wait for a case)
-delegation

-ultra vires
-time consuming and costly
-parliament sitting days are limited
-delegated bodies are not elected

Question 28

factors that affect the ability of courts to respond to the need for law reform

Answer 28

-can make law where none exists- statutory interp
-judges are politically independent
-courts can declare legislation ultra vires
-parliament cannot abrogare HCA interpretation of const

-must wait for a case
-abrogation

Question 29

factors that affect the ability of parliament to make law

Answer 29

-roles of the houses of parliament (lower house to form gov, upper house as house of review, legislative process, committee system)

-representative nature

-political pressures
Internal Party Politics
Individuals and groups
Lobbying and donations from business
International bodies, agreements and events

-restrictions on the law-making powers
Jurisdiction
restrictions on cth
restrictions on state