Topic 1 - Laws Flashcards

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1
Q

9 steps of creating a law

A
  1. First reading - Lower/First House
  2. Second reading - Lower/First House
  3. Consideration of Detail - Lower/First House
  4. Third Reading - Lower/First House
  5. First reading - Upper/Second House
  6. Second reading - Upper/Second House
  7. Consideration of Detail - Upper/Second House
  8. Third Reading - Upper/Second House
  9. Royal Assent - King’s Representative
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2
Q

Why do laws need to change?

A
  1. Response to changes in societal values and norms
  2. Response to the changing political, social or economic conditions in the country
  3. Response to changes in technology
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3
Q

Example of response to changes in societal values and norms

A

Same-sex marriage

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4
Q

Example of response to the changing political, social or economic conditions in the country

A

Laws around driving under the influence of alcohol

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5
Q

Examples of response to changes in technology

A

Use of drones flying over private properties, AI

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6
Q

What happens during the first reading?

A

The Clerk reads the title of the bill, no discussion, no vote

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7
Q

What happens during the second reading?

A

Members debate and discuss the proposal and a vote takes place to decide if the bill progresses to the next stage

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8
Q

What happens in the consideration of detail?

A

The bill is scrutinised, sentence by sentence by each member of parliament. Amendments may be debated, suggested and recommended

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9
Q

What happens in the third reading?

A

One final vote on the bill, no debate

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10
Q

What is the role of the second house?

A

Process of the first house is repeated, if at ay point a change is made to the bill it goes back to the first house to start again.

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11
Q

What is Royal Assent?

A

A Bill passed by the Australian Parliament does not become a law until it is formally accepted by the Governor-General.

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12
Q

What is a demonstration?

A

A demonstration is a gathering of people (usually in a very public place) to voice their concerns about a chosen topic.

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13
Q

What determines the effectiveness of demonstrations?

A

number of people, topic of demonstration, behaviour of demonstrators

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14
Q

Strengths of demonstrations

A
  • cheap and easy to organise
  • can attract a lot of media attention which influences politicians, informs people of issues and attracts new supporters
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15
Q

Weaknesses of demonstrations

A
  • hard to attract people - people must make an effort to attend in person
  • if it gets out of hand or becomes violent, it will attract negative attention and cause a loss of support
  • easy for the parliament to ignore, especially if the protest is small in size(not many voters support the cause)
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16
Q

What is the balance of power?

A

Balance of power refers to the position held by minor parties or individual members of parliament when their vote is necessary for bills or motions to be passed.

17
Q

What is the difference between a major and minor party?

A

Parties that do not have enough members elected to form government or opposition are called minor parties. While minor parties have fewer members than major parties, they can hold the balance of power , along with independents.

18
Q

Why is it good that the party in charge of government does not hold the balance of power?

A

It means the government doesn’t have too much power and the views of more members of the community and parliament are represented.

19
Q

Why is it not good that the party in charge of government does not hold the balance of power?

A

It is not very democratic as the parties who hold the balance of power have a lot of power yet, they might not have got many votes. Meaning they don’t have much support but they can stop laws from being passed.

20
Q

What is the Victorian Law Reform Commission?

A

The Victorian Law Reform Commission is an agency formed by the government. The VLRC has a responsibility to examine, report and make recommendations on issues that the Attorney-General refers to. It also has the power to recommend reforms to relatively minor legal issues of general community concern without a reference.

  • cannot change the law - can only make recommendations
  • the parliament does not have to listen to the recommendations
21
Q

What does the VLRC do?

A
  1. The Attorney General refers to an issue about a major law reform to the VLRC
  2. VLRC does research - collects info and opinions
  3. VLRC completes research and reports its recommendations back to the Attorney General
  4. The Attorney General shares the VLRC report in parliament and the government decides whether to change the law
22
Q

3 purposes of the VLRC?

A
  1. recommending
  2. able to interview community members that would otherwise have no say in law making