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law and order > topic 1 and 2 > Flashcards

topic 1 and 2 Flashcards

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1
Q

what is the structure of the victorian parliament

A

lower house, legislative assembly, upper house, legislative council and governor (kings rep)

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2
Q

what is the structure of the federal parliament

A

lower house, house of representatives, upper house, senate and the governor general (kings rep)

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3
Q

what is the process of making a law (9 steps)

A

the bill is introduced, first reading (1st), second reading (1st), consideration in detail (1st), third reading (1st), repeat these in the 2nd house, royal assent (governor/governor general)

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4
Q

who is involved in law making

A

all politicians can introduce a bill, the bill must then pass through both houses and be given royal assent

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5
Q

why do laws need to change

A

to reflect changing values in society, changes in social, political or economic conditions and changes in/new technology

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6
Q

how are laws changed

A

through the same 9 step process as a new law

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7
Q

what is an example of laws changing due to changing societal norms and values

A

same sex marriage

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8
Q

what is an example of laws changing due to changing political, social or economic conditions

A

laws around driving under the influence of alcohol and drugs

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9
Q

what is an example of laws changing due to changes in technology

A

laws around deep fakes and drone usage

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10
Q

how can law changes be influenced

A

petitions, demonstrations, speaking out and media

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11
Q

what is a demonstration

A

a gathering of people to voice their concern about a chosen topic

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12
Q

what is the purpose of a demonstration

A

bring attention to a certain topic/law to influence change

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13
Q

what determines the effectiveness of a demonstration

A

the amount of people, topic and behaviour of demonstrators

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14
Q

what are the strengths of a demonstration

A

easy and cheap to organise, can attract lots of media attention, can influence politician and attract new supporters

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15
Q

what are the weaknesses of a demonstration

A

not effective unless they attract a lot of people, if they are violent they can attract negative media attention and lose support and parliament can ignore them

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16
Q

what is the balance of power and who is it held by

A

the position held by minor parties/individuals where their vote is necessary for bills to be passed

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17
Q

what are the strengths of having the balance of power

A

government don’t have too much power and cant just pass whatever law they want, the views of more of the community are better represented, minor parties get more of a choice in decisions

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18
Q

what are the weaknesses of having the balance of power

A

party in charge might not be able to do what they want, not very democratic as parties who hold the balance have a lot of power but may not have got as many votes, very little support from voters but can block new laws

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19
Q

what is the VLRC

A

the victorian law reform commission

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20
Q

what is the role of the VLRC

A

to research areas of law and make recommendations to the government about potential reform in these areas

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21
Q

what is the process of the VLRC making recommendations

A

attorney general refers an issue to the commission (if major area of law), VLRC researches this area (takes months), collecting expert advice, information, opinions and statistics, the VLRC makes recommendations to the AG based on research, AG shares report in parliament to decide whether they change it

22
Q

what is an example of the VLRC influencing change

A

legalising medicinal cannabis, decriminalising abortions

23
Q

what is the school leaving age

A

once you’ve turned 17 or if earlier under specific conditions

24
Q

what are the requirements for leaving school before 17

A

if you’ve finished year 10 and spend 25 hours a week in a combination of education, employment, training and been approved by dept of education

25
Q

reasons for suspension

A

danger created, injured someone, damaged property, steal (or attempt to), sell/use weapons and disobey instructions

26
Q

reasons for expulsion

A

repeatedly act in a dangerous way or be repeatedly suspended, it is very hard to expel someone, it is the last resort

27
Q

what is the age to get any job

A

15

28
Q

what are the circumstances of getting a job under 15

A

working for family with minimal hours, ensuring you have enough time for school, cant work more than 3 hours p/w, only work from 6am-9pm

29
Q

what jobs can an under 15 year old have

A

work in entertainment, fam businesses, make deliveries, go on errands and gardening

30
Q

what age can you leave home

A

when you turn 17

31
Q

under what circumstances can you leave home under 17

A

if your safety is at risk or don’t have enough money to live on

32
Q

under what circumstances can you drink underage

A

in a private property with parental consent (usually written form) and under supervision by an sober adult, you cant leave the premises unless supervised

33
Q

what cant minors do in regards to alcohol

A

buy it or possess it in a public place

34
Q

what happens if a person serves a minor alcohol (without consent)

A

they can be arrested or have to pay a fine

35
Q

what does responsible supervision of minors drinking include

A

ensuring there is permission, not being intoxicated yourself, ensuring minor consumes food, supervision of amount, minor cant be intoxicated

36
Q

what are the offences relating to sexting

A

sexting - sending offence
threatening to sext - neither sending nor possessing
child pornography - can be sending and/or receiving

37
Q

what is sexting

A

sending and receiving sexual, nude or indecent photos using a device

38
Q

when is sexting legal

A

if there is no more than 2 years age gap and consent was given by both parties

39
Q

what is threatening to sext

A

threatening to send an intimate image of someone to others, neither sending nor possessing, person believes threat will be carried out

40
Q

what is child pornography

A

possessing/sending a sexual/nude photo/video of a person that is under 18 (if there is more than a 2 year age gap

41
Q

sanction for sexting

A

can be sentenced to up to 15 years imprisonment

42
Q

what is vaping

A

the use of an e cigarette with or without nicotine

43
Q

why do young people use vapes

A

many believe its fashionable or are enticed with the flavours and quickly become addicted

44
Q

what has been banned in relation to vapes

A

importing of disposable e cigarettes (w/wo nicotine), selling, possessing or using a nicotine e cigarette without a prescription, use in smoke free areas, display at outlets, sold to under 18s

45
Q

when are vapes legal (nicotine and non nicotine)

A

(with nicotine) if a person is over 18 and has a prescription or (no nicotine) if they are over 18 and have no other illegal ingredients

46
Q

what are the 4 elements of the one punch law

A

a person intentionally hits another person, the action was unlawful (not boxing), the strike was to head or neck, the victim was killed

47
Q

what is the minimum wage

A

the lowest legal amount an employer can pay you (for 16, $10.99)

48
Q

what is an enterprise agreement

A

agreement between specific employer/company and all of the workers

49
Q

what is an award

A

if there is no enterprise agreement workers and rights are listed in an award, all workers in a specific industry

50
Q

what is the role of the fair work ombudsman

A

to assist in the resolution of workplace disputes (after having informed/talked to employer)

51
Q

what can the fair work ombudsman do

A

provide assistance to workers, suggest solutions and take bosses in breach of rights to court

law and order (3 decks)

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