Term 1 Flashcards

Question

What is a By-Election

Answer 1

An election held to fill a vancant seat in parliament after a member resigns.

Answer 2

3 years - 151 Members

Answer 3

76 Senators - 6 years

Answer 4

47 members - 4 years (SA lower house)

Answer 5

22 members - 8 years (SA upper house)

Answer 6

Legislation (Statute Law) → Made by Parliament, goes through debates & votes. Broad laws. E.g., Crimes Act 1914 (Cth). Delegated Legislation → Made by ministers, agencies, or councils under an Act. Specific rules. E.g., Local parking regulations. 🔹 Key Difference → Parliament makes laws, while delegated bodies create detailed regulations under parliamentary authority.

Answer 7

Used in the Senate, this system allocates seats based on the proportion of votes won. How it Works: Voters rank candidates in order of preference. Candidates must reach a quota (set by total votes ÷ seats + 1). Extra votes from elected or eliminated candidates are redistributed to next preferences. (https://www.youtube.com/watch?v=whYFjkCZHI8)

Answer 8

Used in the House of Representatives - Voters rank candidates in order of preference (1, 2, 3…). If no candidate gets 50%+1of first preferences, the candidate with the fewest votes is eliminated, and their votes are redistributed based on preferences. This continues until a candidate wins with a majority.

Answer 9

A system where elected officials represent the people’s views in Parliament. Based on free, fair elections and majority rule.

Answer 10

The government is accountable to Parliament. Ministers must justify decisions, answer to Parliament, and resign if they lose majority support.

Answer 11

Right to a Fair Trial – Presumption of innocence, legal representation, and an impartial judge. Right to Silence – Cannot be forced to self-incriminate. Right to Legal Representation – Access to a lawyer in criminal cases. Right to Freedom of Speech – Limited in Australia (no explicit constitutional protection, but implied political communication exists). Right to Vote – Guaranteed for Australian citizens in federal elections. Right to Equality Before the Law – No discrimination in legal proceedings. Right to Appeal – Ability to challenge legal decisions in higher courts.

Answer 12

1️⃣ First Reading – Bill is introduced; no debate. 2️⃣ Second Reading – Debate on the bill’s purpose; vote taken. 3️⃣ Committee Stage – Detailed review & possible amendments. 4️⃣ Third Reading – Final vote in the Legislative Assembly/Council. 5️⃣ Second House – Process repeats in the other house (if bicameral). 6️⃣ Royal Assent – Governor signs the bill into law. ✅ Bill becomes an Act (law) once assented.

Answer 13

1️⃣ Enabling Act – Parliament passes a law granting power to make regulations. 2️⃣ Drafting – Government agencies or ministers create the regulation. 3️⃣ Approval – Regulation is approved by the relevant minister, executive council, or agency. 4️⃣ Gazettal – Published in the Government Gazette to become official. 5️⃣ Parliamentary Oversight – Parliament can review, amend, or disallow the regulation. ✅ Regulations are a form of delegated legislation made under an Act.

Answer 14

Right to fair prompt and continuous Trails Presumption of innocence until proven guilty The right to silence The right to legal representation The right to know the allegations against you and to present your case.

Answer 15

- All Institutions of government are bound by the constitution - All people are EQUAL before the law. - Individuals retain fundamental human rights.

Answer 16

The rule of law is based on three principles, governments and institutions are bound by the constitution, all people are equal before the law, and all individuals retain their human rights. The rule of law means that governments cannot abuse their power and discriminate against specific people/areas of society. It also means that no one is above the law, even if they are the prime minister.

Answer 17

The separation of powers is extremely important to maintain the rule of law in Australia as it means that one part of the government cannot become too powerful resulting in an abuse in power.

Answer 18

Parliaments only make laws on topics that are given to them by the constitution as well as laws which allow a democratic process of selecting governments and enforcing human rights.

Answer 19

The courts ensure the parliaments are not abusing their power and also follows certain protocols that maintain the right of the individual when they appear before the court. Such as recognising that all individuals have the right to a fair trial.

Answer 20

The rule of law makes sure that the governing powers are not abusing their power. It gives each area of government accountability. It also makes it a top priority that each Australian person has their human rights maintained and that they are not discriminated against because of their social standing of cultural background.

Answer 21

The rule of law means that not form of power in Australia can take to much control or abuse their power and it also protects the individual rights and quality of life of Australian system. Furthermore, it means that no one is above the law, which means that our legal system is fair and just for all citizens in Australia.

Answer 22

A hearing appropriate to the circumstances; * Lack of bias; * Evidence to support a decision; and * Inquiry into matters in dispute.

Answer 23

Explanation: Laws should be clear and predictable (certainty), but also adaptable to new situations (flexibility). Example: Mandatory sentencing provides consistency (certainty), but judges can’t consider individual circumstances (less flexibility).

Answer 24

Explanation: Some groups have more power or access to the legal system than others. Example: Wealthy individuals can afford better legal representation (empowered), while vulnerable groups may struggle to access justice (disempowered).

Answer 25

Explanation: People have freedoms (rights), but must also respect the law and others (responsibilities). Example: You have the right to free speech, but also the responsibility not to defame someone. Example: A person has the right to own property, but also the responsibility to follow zoning laws and not use their land in a way that harms others (like polluting a river).

Answer 26

Explanation: Ensuring everyone is treated justly can slow down the legal process; being quick can sometimes compromise fairness. Example: A long trial gives both sides time to present evidence (fair), but it delays justice and uses lots of resources (not efficient).

Answer 27

Process in which a Judge gives meaning to the words of phrases in legislation in order to resolve a dispute.

Answer 28

A Judge creates a new principle where there is no statute of common law is in place to resolve the legal dispute. In these situations, Judges will use past precedents to guide them in their decision making. If there are no previous precedents the Judge will create brand new case law.

Answer 29

* Negotiation  The dispute is settled by an agreement with the individuals involved. It’s quick, no court fees, get a sense of satisfaction. * Negotiation with legal representation  Common when one side is seeking monetary compensation. In this situation the lawyer involved is not impartial, they are siding with whoever their representing. * Conciliation  Using a third person who tries to get disputing parties to reach an agreement. They could suggest a resolution, but they don’t force it on the parties. If they do reach a decision its not legally binding. However, because people come to this resolution themselves, usually both sides comply. * Mediation  Mediators are legally trained; they are often senior members of the legal profession, and they act as a legal catalyst to assist parties to find their own solution. This method of dispute resolution compared to going to court is considered cheaper and faster. Mediators are not there to discover the truth, or establish fault, their there to emphasise co-operation. * Court  Time consuming and expensive but it is legally binding. * Abandoning the Claim

Answer 30

Critics of Regulations say, unlike legislation, they are not scrutinised enough and are often undemocratic. Consider and evaluate this statement with reference to one or more media examples.

Answer 31

Flexiblity e.g Cat and Dog management in the country is different from the city. Just because of the location. Having regulation with local government allows this.

Answer 32

* By parliament a disallowance motion – only has to occur in one house. * Cabinet could scrutinise it  might decide its not the right time to implement etc. * Judicial can decide whether the regulation was made within the power of the Parent Act. * Compared to acts made in 1972, now Traditional owners and other groups have more of say in regulations especially about natural and traditional areas.

Answer 33

* Have to have the Enabling Act or Parent Act * Policy is approved and advice is given by the Executive Council * Regulations are drafted by the Office of Parliamentary Council * Executive Council puts the Regulation for the Governor to sign. * Disallowance motion allows (if a certain party has the numbers to disagree) getting rid of a regulation.

Answer 34

Pre Parliament - Drafts the Bill (Parliamentary Council) - Cabinet Approval - Checked by Parliamentary Council to ensure it doesn’t contradict the Australian Constitution - MP gives notice to Clerk they want to introduce a Bill Parliament - First Reading  Introduced and read in the House of Reps (Clerk) - Second Reading  Minster and Shadow Minster present their sides and perspectives - Committee Stage  Review and Suggest any Amendments - Third Reading  Debates, suggestion for amendments and changes and Final Vote - Passes through to the Senate where the stages are repeated. Post Parliament - Assent by the Governor General (Royal Assent) - Proclamation in the Government Gazette. - Set a Date, when the Act will come into effect.

Answer 35

 Piece of legislation repeatedly can’t pass through parliament (typically twice, with a three-month gap in between)  If you don’t want to compromise after two goes, the Bill either is scrapped or called in section 57 of the constitution called the Double Dissolution Process.

Answer 36

Individuals vote according to party lines, not own personal beliefs, this means that public bills introduced by a minster of government often pass easily in the lower house.

Answer 37

Proposes brand new law

Answer 38

changing an existing piece of legislation

Answer 39

removing and or replacing an existing law

Answer 40

– A bill joining numerous pieces of legislation into one

Answer 41

– a bill that proposes a change of wording to the Australian constitution (referendum bill)

Answer 42

– Authorise government spending and the collection of tax. They can only be accepted or rejected.

Answer 43

The Upper house scrutinises bills passed through the Lower house

Answer 44

Through question time and urgency debates

Answer 45

Allows for reporting on the effectiveness of legislation

Answer 46

A provision that reviews legislation after a certain period of time

Answer 47

Petition their local member, which is then presented to parliament

Answer 48

Freedom of Information and Privacy legislation at state and commonwealth levels

Answer 49

A group of Senior Ministers making important Executive decisions

Answer 50

The Minister (chain of command)

Answer 51

Set up investigations and committees of enquiry

Answer 52

An established inquiry to look at the efficiency and relevance of legislation

Answer 53

Allows public access to records held by government departments

Answer 54

Independently investigates complaints against officials of a government department

Answer 55

Disputes related to government bodies

Answer 56

The power of judicial review

Answer 57

It means parliament has acted outside the powers granted by the act or the constitution

Answer 58

To decide the meaning of the act and give effect to the intention of parliament

Answer 59

The separation of powers protects the community because it means that each power keeps checking on the other. It means that no one can abuse their powers and the people of community have more of a change of gaining justice.

Answer 60

Regulations may become outdated ## Footnote This highlights the challenge of keeping regulations current with fast-evolving situations.

Answer 61

They have more specialised knowledge in the certain area ## Footnote Delegated authorities are typically experts in specific fields.

Answer 62

Members of Parliament don’t have expertise in everything ## Footnote This allows them to focus on larger issues rather than niche topics.

Answer 63

It gives power to make regulations specific to a certain area ## Footnote It also restricts the extent of that power.

Answer 64

Regulations can be created quickly ## Footnote This is crucial during crises like Covid-19 where rapid changes are necessary.

Answer 65

They must be tabled in parliament ## Footnote This allows for parliamentary scrutiny and potential disallowance.

Answer 66

Community can often have more input in a much less formal way ## Footnote Example: responding to local government surveys instead of attending parliament.

Answer 67

Regulations are not often well publicised ## Footnote This can lead to a lack of community awareness regarding their existence.

Answer 68

Regulations may be written in complex and technical language ## Footnote This can make them difficult for the general public to understand.

Answer 69

They remain unchallenged ## Footnote This indicates that regulations may exceed the authority granted by law.

Answer 70

It is difficult for the public to keep up with changing regulations ## Footnote This can result in unintentional law-breaking.

Answer 71

To achieve government policy without using the parliamentary process ## Footnote Example: The Howard government passing regulations on wood chipping amidst a hostile Senate.

Answer 72

A system where members of the community are voted in to represent the general population and make laws and decisions on their behalf.

Answer 73

All citizens of Australia over 18 can vote in regular elections to ensure that the representative government reflects the needs of the people.

Answer 74

The following features must exist: * Rule of law * Right to vote for all citizens over 18 * Regular elections * Secret ballot * Equal value of each vote * Access to parliamentary salaries * Open parliamentary debates * Parliamentary privilege * Right to protest

Answer 75

Rule of law

Answer 76

It ensures that each vote is private, allowing voters to express their true preferences without fear of repercussions.

Answer 77

They allow parliamentarians to speak freely and ensure the community is informed about parliamentary discussions.

Answer 78

Democracy is the idea that power belongs to the people. Representative government is how democracy is put into action—citizens elect representatives to make decisions on their behalf. It's the system that ensures the government reflects the will of the people.

Answer 79

Representative government means the people elect members of parliament to represent their views and make laws. Responsible government means the executive (government ministers) must be accountable to parliament and, through it, to the people—if they lose support, they must resign. Respresentative Government --> Chosen by the People Responsible Government --> Answerable to the people

Answer 80

Representative: Australians vote for MPs to represent them in the House of Representatives. Responsible: If the Prime Minister loses the support of the House, they must resign or call an election.

Answer 81

Government is accountable to parliament → Ministers must answer to parliament (e.g. during Question Time). Majority support in the lower house → To stay in power, the government must maintain the confidence of the House of Representatives. Ministers must resign if they lose confidence → If they no longer have majority support or are involved in serious misconduct. Separation of powers → Keeps the executive (government) accountable and prevents abuse of power.

Answer 82

Free and fair elections → Citizens regularly vote for their representatives (e.g. federal elections every 3 years in Australia). One vote, one value → Everyone's vote has equal weight. Parliament reflects the will of the people → Laws and policies should represent majority views. Right to run for office → Any eligible citizen can stand for election.