UNIT 1: Core : Law, Society and political involvement Flashcards by Dinara Dammika

Reasons for Laws
* Rules are essential for maintaining order and preventing chaos.
* Each country has its own laws, enforced by courts.
* Laws vary based on beliefs, attitudes, and culture.
* In Australia, federal and state parliaments are the main makers of laws.

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Rules and Laws in Australia

Laws are integral to every aspect of life in Australia, controlling crowd behavior and regulating activities.
Non-legal rules, such as crowd surfing, are imposed by schools, families, sporting associations, or clubs and apply only to individuals directly involved.
Laws, on the other hand, are legal rules imposed by the community, requiring obedience from all members.
Examples of laws include traffic laws and prohibitions on certain age groups from entering premises where alcohol is served.
The difference between a rule and a law is that the police and courts can enforce laws, while laws carry more serious penalties.
The absence of laws could lead to chaos, anarchy, and the dominance of the strongest.
Laws create order, promoting peaceful living in society.

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Roles of Laws: Establishing Boundaries, Protection, Freedom, and Resolving Disputes

Establishing boundaries: Laws determine acceptable behavior and actions, such as drink-driving laws.
Protection: Laws provide safety for individuals by limiting actions like assault, murder, and robbery.
Freedom to do many things: Laws dictate what individuals can do, such as owning a business, driving a car, getting married, or leaving school.
Resolving disputes: Law enforcement and administration are provided by the police force, court system, and correctional centres.
Balance: Too many laws restrict freedoms, while too few laws lead to chaos and unhappiness.

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Values, Morals, and Ethics

Moral and ethical values shape our understanding of right and wrong.
Examples include the seriousness of crimes like murder, reflecting religious beliefs and attitudes.
Australia’s laws vary significantly from other countries, such as compulsory bicycle helmet wearing and strict anti-smoking legislation.
Singapore’s laws, like importing chewing gum and failing to flush a public toilet, are unique to Australia.

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Australia’s Court System Overview

Court hierarchy: Minor rules are decided by teachers, serious offenses by Year coordinator or deputy principal, and very serious offences by the principal.
Higher courts: Hear the most serious matters, higher courts handle less serious matters.
Lower courts: Hear less serious matters, lower courts handle less serious matters.
Courts become experts in specific areas of law.
Trial costs increase if trial is held in a higher-up court.
Laws: Society has rules that everyone is expected to obey, such as traffic laws and alcohol laws.
Difference between rules and laws: Laws carry more serious penalties, and breaking a law may lead to court proceedings.
Reasons for laws: Without laws, chaos could occur, and in extreme cases, anarchy could develop.
Laws create order, allowing peaceful living.

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Roles of Laws: Establishing Boundaries, Protection, Freedom, and Resolving Disputes

Establishing boundaries: Laws determine acceptable behavior and actions, such as drink-driving laws.
Protection: Laws provide safety for individuals by limiting actions like assault, murder, and robbery.
Freedom to do many things: Laws dictate what individuals can do, such as owning a business, driving a car, getting married, or leaving school.
Resolving disputes: Law enforcement and administration are provided by the police force, court system, and correctional centres.
Balance: Too many laws restrict freedoms, while too few laws lead to chaos and unhappiness.

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District Court Overview
* The’middle court’ in the state legal system, located in Sydney and regional centres.
* Handles serious civil cases for claims over $100,000 to $750,000 and all motor vehicle accident cases.
* Criminal jurisdiction includes serious criminal matters like armed robbery and manslaughter.
* Hears appeals from the Local Court.

Supreme Court Overview
* The highest court in NSW, dealing with most serious criminal cases and civil cases involving over $750,000.
* Headed by the Chief Justice, located in Sydney.
* Judges hold sessions in major regional centres, known as ‘going on circuit’.
* Deals with appeals from the two lower courts.
* Judgments of the Supreme Court are binding on all lower courts.

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High Court of Australia Overview
* Located in Canberra, handles appeals from state or territory Supreme Courts.
* Interprets and applies the Constitution, creating laws that affect the powers of parliaments.
* Shifts power balance from states to Commonwealth through its interpretation of the Constitution.
* Decisions are final as it is the highest court in Australia.
* Comprises seven judges: the Chief Justice and six Justices.
* Most important cases are determined by a full bench, while others are handled by at least two justices.
* No jury is used in the High Court.

Children’s Court
* Deals with cases involving the care and protection of children and young people.
* Closed to the public and media, with personnel specifically trained to deal with young people.

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Coroner’s Court in NSW
* Investigates unnatural deaths to determine identity, date, place, circumstances, and medical cause.
* Investigates approximately 6000 reportable deaths annually.
* Investigates cause and origin of fires or explosions.

Family Court of Australia
* Assists in resolving complex family law matters like divorce, parenting disputes, and property division.
* Only grounds for divorce are irretrievably broken marriages.

The Drug Court of NSW
* Provides long-term solutions for offenders involved in drug use and crime cycles.
* Encourages substance abuse, employment, and reduced crime to support drug habit.
* Eligibility for the Drug Court Program requires assessment and detoxification, individualized plan creation, and regular drug tests.

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Roles of Laws: Establishing Boundaries, Protection, Freedom, and Resolving Disputes

Establishing boundaries: Laws determine acceptable behavior and actions, such as drink-driving laws.
Protection: Laws provide safety for individuals by limiting actions like assault, murder, and robbery.
Freedom to do many things: Laws dictate what individuals can do, such as owning a business, driving a car, getting married, or leaving school.
Resolving disputes: Law enforcement and administration are provided by the police force, court system, and correctional centres.
Balance: Too many laws restrict freedoms, while too few laws lead to chaos and unhappiness.

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Roles of Court Personnel in Australia

Magistrate as Umpire
* In Australia, a magistrate is the lowest court, responsible for deciding if a person is guilty or innocent.
* The magistrate is a qualified legal practitioner and is referred to as ‘Your Honor’.
* The magistrate decides the punishment or damages awarded in civil cases.

Judge as Umpire
* The judge’s associate manages the paperwork.
* Members of the public and media observe court proceedings.
* Sheriff’s Officers serve summonses and provide security.

Accused
* Anyone whose name is on the electoral roll can be called as a juror.
* In a criminal case, the jury consists of 12 people.
* In a civil matter, only six people decide how much money should be paid for damages.

Court Officer
* In criminal cases, the counsel for the defense represents the accused.
* In civil cases, the counsel for the defense attempts to convince the judge or jury that no wrong has been committed.

Prosecutor
* In criminal cases, the prosecutor convinces the jury that a person is guilty.
* In civil cases, a barrister acts on behalf of the plaintiff.

Witness Box
* The witness box is where people give evidence.
* The tipstaff helps keep order in the court.
* The judge listens to arguments presented by the prosecutor and the counsel for the defense.
* If a jury announces a guilty verdict, the judge decides the sentence or punishment.

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Role and Selection of Juries

Juries are used in less than 5% of all legal cases, but they are often the most intriguing aspect of the law.
Jurors are made up of ordinary people who decide on the facts of the case.
Jurors must be able to listen to all the facts of the evidence, decide what they believe happened according to the evidence, put aside their own prejudices or bias, be fair and impartial, understand points of law the judge explains, and deliver a verdict on the guilt or innocence of the accused in a criminal trial or decide if a party is liable in a civil trial.
Some people can be exempt from jury duty because of their occupation, financial hardship, personal opinions or knowledge of the case, family issues, or physical or mental disabilities.
Having a criminal record could also make one ineligible for jury duty.

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Jury Duty and Sleeping Habits

Jury duty can be a source of distraction, leading to potential errors.
An assault trial was aborted due to a juror’s sleepiness, causing concerns about the jury’s ability to give a proper verdict.
A similar incident occurred in the NSW Supreme Court, where a juror was discharged after falling asleep in the jury box.
Empanelling a jury involves selecting potential jurors, who must walk past the accused, their counsel, and the prosecution.
Arguments for and against the jury system exist, with some arguing for the use of judge-only trials or professional, specialist jurors.

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Arguments for and Against Jury System
* Jury system reflects societal values and attitudes.
* Exemptions from serving make it a non-true cross-section of society.
* Wide acceptance of jury system.
* Jury decisions are made by multiple individuals.
* Juries are independent, impartial decision makers not controlled by the government.
* Jury skills can influence decisions.
* Ordinary citizens can actively participate in justice administration.
* Media coverage can influence impartiality.
* Community understanding of final decision provided.
* Operation costs and time-consuming jury selection process.
* Reduces potential for bribery or corruption.
* Jurors could be biased due to personal prejudices.

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Law Making: Common Law

Beginnings of Common Law
* Laws can be written down or developed by judges as they encounter new problems in cases.
* In Australia, common law is a combination of both common and statute law.

Trial by Ordeal
* The justice system in England and Australia is based on common law.
* Henry II’s decision to allow all people to have the opportunity for royal justice led to the creation of a king’s court.

Common Law
* Common law refers to the decisions made by judges, often in cases where there is no existing law.
* Legal precedents are records of these decisions, which are referred to in Law Reports.

Precedent in Law
* Precedent in law refers to the same treatment of similar cases as in the legal system.
* Judges can create new rules if there is no existing relevant law.

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The Evolution of Parliamentary Laws in Australia

The Origins of Parliament
* The parliamentary system originated in England in 1215 with King John signing the Magna Carta.
* Parliaments were first referred to as ‘parliaments’ in 1236, usually held to discuss the king’s need for extra taxes.
* By 1350, parliaments were divided into two groups: lords and elected community members.
* In 1407, Henry IV decided that community members had to approve requests for grants of money before the lords.

Statute Law in Australia
* In Australia, laws created by parliament have the highest status and must be obeyed by all people.
* The Federal or Commonwealth Parliament in Canberra makes laws on issues affecting the whole country.
* Each state and territory has its own parliament.
* The New South Wales Parliament makes laws applicable to New South Wales only.
* The State Parliament delegates some of its law-making power to local councils.
* Once passed, each law is binding on all courts and judges.

Federal and State Constitutions
* Each parliament has a constitution outlining the powers of the parliament and any restrictions to its law-making authority.
* The Australian Constitution limits the powers of the Federal Parliament.
* State governments retain the power to make laws unless the Constitution hands this power to the Australian government.
* Inconsistencies between Commonwealth and state legislation will apply if there are any inconsistencies.

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Common Law: An Overview

The Beginnings of Common Law
* Laws can be written down or developed by judges as they encounter new problems in cases.
* In Australia, common law is a combination of both common and statute law.
* The justice system in England and Australia is based on common law.

Common Law Today
* Common law refers to the decisions made by judges, often in cases where there is no existing law.
* Legal precedents are records of these decisions, which are referred to in Law Reports.
* Judges do not deliberately attempt to change or make a law, but may attempt to resolve the dispute.

Precedent in Law
* Precedent in law refers to the same treatment in similar cases, aiming for fairness and justice.
* Judges traditionally give similar decisions in similar cases.

Statutory Interpretation
* Judges interpret the meaning of words in statutes using various methods.
* Parliament can change the wording of a law, but the new meaning applies as law from then on.

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The Evolution of Parliamentary Laws in Australia

Making Laws in Australia

Steps in Law Making
* A proposed new law is discussed in Cabinet, often under pressure from the public.
* Government lawyers draft a bill, which is the first draft of an Act of Parliament.
* The bill is given to all members of the House of Representatives for ‘first reading’.
* The bill goes through a’second reading’, where the responsible minister describes the bill’s purpose and benefits.
* A vote is held, and if the majority vote is in favor, the bill moves to the next stage.
* The bill is then debated again in committee stage, with changes made during this stage.
* The bill, including any changes made during step 5, goes through a ‘third reading’ in the house, and if the majority vote is for it, it is passed through to the Senate.
* If the Senate decides to change something, the bill is referred back to the House of Representatives for another debate and vote.
* If the Senate votes to approve the bill, it is sent to the Governor-General for royal assent.
* The Governor-General meets with a select number of government ministers in a meeting of the Executive Council, and if approved and signed, the bill becomes an Act of Parliament.

Australian Civil Law Overview

Administrative Law:
* Deals with government department decisions and powers.
* Allows courts to review and change government decisions.

Constitutional Law:
* Deals with a country’s governing rules.
* Concerns the powers and authority of parliament.
* Defines the rights of each citizen.
* Deals with federal and state governments.

Contract Law:
* Concerns legal agreements between two or more people.
* Can be sued for breach of contract.

Family Law:
* Regulates family relationships.
* Sets out rules about marriage, de facto relationships, divorce, custody, etc.

Criminal Law:
* Protects the community from harm and ensures orderly society.
* Punishes offenders who put people and property at risk.

Industrial Law:
* Concerns the rights and obligations of employers and employees.
* Deals with industrial disputes, workers’ compensation, occupational health and safety, and workforce discrimination.

Property Law:
* Recognizes two types of property: real and personal.
* Provides regulations about the sale, leasing, and hiring of property.

Tort Law:
* Deals with situations where one person infringes another’s rights, resulting in distress or injury.
* Allows the person injured to claim financial compensation.

Civil Law:
* Part of private law, deals with non-criminal matters.
* Includes the law of tort and contract law.
* Allows the plaintiff to initiate action against the wrongdoer.
* Can result in compensation if a civil wrong is proven in court.

Case Studies Summary:

Defamation Case:
* Australian actress Rebel Wilson awarded A$4.5 million in damages for defamation by Bauer Media in 2017 for inaccurate magazine articles.
* Wilson claimed the stories damaged her reputation and caused her to lose acting roles.
* Bauer Media won an appeal, forcing Wilson to repay A$4.1 million and reassess compensatory damages to A$600,000.

Sexual Harassment Case:
* Kate Mathews suffered from multiple chronic psychiatric illnesses due to repeated sexual harassment.
* In 2015, she was awarded $1.3 million in personal injury damages by the Victorian Supreme Court.

Negligence Case:
* Tony Caccavielo was awarded $7 million for damages caused by a chemical cloud blowing across his vineyard.
* Nicole Harris was awarded over $1 million in damages for injuries she suffered from a safety step fall.

Sporting Injury Case:
* Two rugby players, Luke Hyde and Peter Worsley, suffered spinal injuries in separate rugby union games.
* The NSW Supreme Court found that the players knew about the risks and consented to them, preventing them from recovering damages.

Embezzlement and Assault in Australia
* Caroline Portolesi, the manager of the Maroubra branch of the NSW Department of Family and Community Services (FACS), was sentenced to 19 months home detention in February 2016 for obtaining financial advantage by deception.
* Portolesi used a stolen identity to set up a fraudulent business, Say Cleaning Services, and invoiced FACS for work that was never performed.
* The embezzled amount was nearly $180,000, used to fund a severe gambling addiction.
* The decision to detain Portolesi was based on her gambling addictions and complex mental health issues.

Assault causing Death
* Hugh Garth was convicted of unlawful assault causing death, sentenced to 10 years imprisonment with a non-parole period of eight years.
* Garth punched Raynor Manalad, a 21-year-old nurse, causing him to fall unconscious and die the next day.
* The judge emphasized the need to deter others from being violent after drinking to excess.

Aboriginal Customary-law
* Aboriginal customary law is largely expressed through the obligation of kinship.
* Aboriginal law was based on kinship, which links closely to traditions and customs and outlines the correct way of living.
* The British colonists did not understand the system of kinship, making it difficult for English law and Aboriginal law to coexist.

Captain Cook’s 1770 Arrival and Legal Conflict
* Displaced Aboriginal law.
* Established English law.
* Clash caused by differing legal systems.

Criminal Law Overview

Criminal law involves unacceptable behavior that requires prosecution, conviction, and punishment.
From ten years of age, a person can be prosecuted for an offence.
Indictable offences are serious crimes, heard in District and Supreme Courts.
Summary offences are less serious crimes, dealt with quickly and cheaply by a magistrate in a Local Court.
The purpose of criminal law is to protect individuals from others doing the wrong thing and make the community feel safe from harm.
If a person commits a crime, the police force and judiciary deal with criminal behaviour.

Case Studies:
* Murder: Ian-Turnbull, 81, sentenced to 35 years imprisonment for murdering NSW environment officer Glen Turner.
* Arson, murder, and manslaughter: Adeel-Khan, 81, set fire to his shop in Rozelle for personal financial gain.
* Fraud: Bryan Pereira, an executive for Coca Cola Amatil, sentenced to six years imprisonment with a non-parole period of four years.
* The sentencing judge stated that Pereira’s crimes were an abuse of trust and motivated by greed.

Recognition of Indigenous Law in Australia

Native Title Act (1993)
* Eddie Mabo challenged the state of Queensland in the High Court, leading to changes in Indigenous land rights laws.
* The High Court ruled in favor of the Islander plaintiffs, stating that the Murray Islanders of the Torres Strait are entitled to possession, occupation, and enjoyment of the lands of the Murray Islands.

Circle Sentencing
* Introduced in NSW in 2002, circle sentencing aims to make the place of sentencing inclusive of cultural differences.
* It involves all relevant parties, including the defendant, victim, legal representatives, Elders from the communities, and other affected parties, in the sentencing process.
* Circle sentencing shows that customary law is still relevant and can co-exist with existing laws.

Domestic vs International Law in Australia

Domestic Laws and Citizenship
* Domestic laws pertain to being law-abiding citizens of one’s country.
* Citizens are expected to abide by laws applicable to their local community, state, and country.
* Breaking domestic laws is dealt with by the country’s legal system.

International Law and The United Nations
* International law sets standards of acceptable behavior for nations and their citizens.
* It is developed from treaties and conventions between countries.
* The United Nations is responsible for establishing and enforcing international laws.
* The International Court of Justice and the UN Security Council assist in enforcing international law.
* Peacekeepers are deployed when disputes relating to international law or disputes between nations or ethnicities turn to conflict.

Barriers to Accessing the Law
* Equal access to the law is essential for the legal system to safeguard people’s rights.
* Barriers to accessing the law include high legal fees, lengthy legal cases, and difficulty in obtaining legal aid.

Debating and Government Structure in Australia

Understanding Debate
* Debates are discussions about an issue, presented as statements.
* Participants present arguments for and against the statement.
* Debates follow strict rules of conduct, unlike home arguments.

Use of Debating in Civics and Citizenship
* Debates require careful investigation and critical analysis of both sides.
* Participation in debates can develop research skills and confidence in public speaking.
* It is used by law professionals and politicians.

The Three Levels of Government in Australia
* Australia’s government structure includes federal, state, and local levels.
* Each level has its own power to make decisions, separate responsibilities, and is elected by the people.
* The constitution outlines the powers of the Federal Parliament and some powers of state parliaments.
* Local governments follow the Local Government Act passed by the New South Wales government in 1919.
* Governments make important decisions such as which groups will receive support and provide for collective wants.
* To change the Constitution, a referendum must be held, with proposed changes accepted only if supported by a majority of voters in at least four states.

Legal Access Challenges in Australia

Time and Distance
* Legal access is hindered by lengthy trials, leading to unfair treatment.
* Delays in legal proceedings can be costly and time-consuming, especially for those living in remote areas.

Procedures
* Limited knowledge of the law can lead to confusion and insensitivity towards legal issues.
* The legal system may not be insensitive to individuals’ needs, as seen in sexual offence cases.

Language
* If English is not one’s first language, understanding legal terminology and procedures can be challenging.
* Without an interpreter, understanding court proceedings can be challenging.

Complexity
* Communication and understanding can be challenging, as seen in the case of an Aboriginal boy who was unfairly jailed due to his language barrier.

Case Study
* Indigenous Australians face increased risk in the legal system, with imprisonment rates being 12 times higher than non-Indigenous rates.
* These disadvantaged groups often struggle to afford legal representation and communicate effectively with legal counsel and the court.

Australia’s Federal and State Governments

Federal Government
* The Federal Government comprises the Senate and the House of Representatives.
* The Prime Minister leads the government, with other ministers appointed to manage specific government portfolios.
* The Cabinet, including the Prime Minister and senior ministers, makes key government decisions.
* The Governor-General represents the British monarch as head of state.
* The government controls matters affecting all Australians, primarily raised from taxation of people and businesses.

State Government
* NSW has its own parliament, consisting of the Legislative Council and the Legislative Assembly.
* The head of government is the Premier, and the head of state is the Governor.
* The state government primarily receives income from federal government grants, property and payroll taxes.
* It controls matters affecting citizens within their state, which is not a federal government’s responsibility.

Health
* The state government has responsibilities in Aboriginal welfare, agriculture and fishing, community services, consumer affairs, education, emergency services, environment protection, health, industrial relations, law and order, public transport, roads and railways, and sport and recreation.

Local Government
* There are about 550 local government areas (LGAs) in Australia, each with a mayor.
* LGAs operate under state government legislation and can only make by-laws on local issues.
* Responsibilities include dog/cat registration, libraries, parks, rubbish collection, sewerage, streets and bridges, swimming pools, and town planning.
* The federal government could also be involved in these services due to their funding for law enforcement and infrastructure.

Law Changes in Australia
* Laws reflect societal changes, such as the rise of terrorism and the development of new laws.
* Political circumstances can lead to radical changes to laws, as seen in the 9/11 attacks on the World Trade Center and the Pentagon.
* Citizens often pressure the government to amend existing laws or introduce new ones.

The Eureka Stockade and Democratic Rights
* Throughout Australia’s history, people have applied pressure to change laws.
* The 1840s saw a system of government where only males aged 21 and over could vote.
* The Eureka Stockade, led by Peter Lalor, was one of Australia’s earliest instances of pressure for change.
* The Eureka battle and political reforms led to the principle of one person one vote, secret ballot voting, and voting rights for all men aged 21 and over.

Vote for Women and Cybercrime Laws in Australia
* The vote for women became a fundamental demand in Australia in the 1880s.
* Women’s suffrage, the right to vote, was actively pursued and the first women’s suffrage organization was formed in Victoria in 1884.
* A new law was passed in 1894, giving women 21 years old and over the right to vote in South Australia.
* Women in New South Wales gained the right to vote in 1902.

Cybercrime Laws
* Cybercrime and terrorism have become constant threats in Australia due to the internet.
* The federal government developed new laws to combat internet offenses such as computer hacking, child pornography, terrorism, and copyright infringement.
* The legislation requires internet service providers to collect and retain internet traffic data, which is made available to police and foreign law enforcement agencies.

Political Action
* Being a politically active citizen involves being informed about social, political, and economic issues and actively involved in the political process.
* There are a wide range of issues that concern people, including environmental protection, education, and human rights issues.
* Active citizenship allows individuals to influence government decisions, even if voting is not allowed until age 18.

Active Citizenship and Political Actions

The analogy of drops of water versus a piece of granite can be applied to political actions.
Active citizens should stay informed about political events through various means such as reading newspapers, podcasts, social media, news and current affairs programs, and community involvement.
Citizens can voice their concerns through various means such as writing letters, emails, making submissions, lobbying politicians, organizing public protests, and contributing to petitions.
Media, including talkback radio, letters to the editor, blogs, and social media, can be used to publicize causes.
Cyber activism, such as GetUp!, is a tool used by politically active citizens and advocacy groups to influence government decisions.
Youth advisory councils (YACs) provide a platform for young people to discuss views and ideas on local youth issues and projects.

Proposals for Constitutional Change
* Proposals for constitutional change can originate from various sources, including state governments, federal government inquiries, community pressure, and special constitutional conventions.
* Proposals must have the majority support of parliament before they can be put to a referendum.
* Governments aim to ensure strong popular support for any proposal before considering the cost and effort of holding a referendum.

Participating in the Democratic Process
* Democracy at work involves a process of democratic decisionmaking where a majority vote determines the activity.
* The democratic system of government originated in ancient Greece during the fifth century BC, based on the Greek words demos (people) and kratia (power or rule).
* Australia’s representative democracy gives all citizens a say in decisions that affect the majority of people.
* Citizens elect representatives to act on their behalf, giving them the ultimate power.

Constitutional Change Process

The Constitution was developed to prevent politicians from gaining more power and to prevent New South Wales and Victoria from dominating government.
Changes must be approved by a majority of members of both federal parliament houses.
The proposed change must be put to the people for a referendum within six months.
The referendum usually asks voters to approve the change.
For the change to be approved, more than 50% of all voters in Australia must vote yes to the proposal.
A majority in favour in at least four out of six states is required.
If these requirements are met, the proposal goes to the Governor-General for final approval.

The ‘Double Majority’

The ‘double majority’ requirement ensures that states with larger populations cannot out-vote states with smaller populations.
New South Wales and Victoria, the largest states in Australia, make up over 50% of the population and elect 85 of the 150 members of the House of Representatives.
The inclusion of the double majority was insisted to protect the interests of smaller states, as without it, it would be possible for the two largest states to out-vote the combined voters in the other four states and two territories.

Australia’s Political System Overview

Voting is mandatory in state and federal elections.
The system is based on the Westminster system in Britain, with the head of state and government being two different individuals.
There are two houses of parliament, a lower and an upper house.
The government consists of three sections: the parliament, the executive, and the judiciary.
The’separation of powers’ principle ensures the separation of powers.

Types of Government

Communism: A system based on Karl Marx and Friedrich Engels, with no private ownership.
Monarchy: A system where the monarch holds total supreme power.
Autocracy: A system where one person or group holds all power.
Anarchy: A state of anarchy where no laws or laws are no longer enforced.
Socialism: A system where economic resources are owned by the community.
Fascism: A system based on strong centralised power, allowing no opposition or criticism.

Karl Marx’s Influence

Marx’s ideas have shaped governments in many countries.
In 1990, the Burmese military regime overturned an election result, leading to political reforms in mid-2012.

Voting in the Democratic Process in Australia

Right to Vote
* All Australian citizens over 18 must be enrolled to vote.
* Denied voting rights include the mentally unsound, treason convicts, and prisoners serving over three years.

Methods of Voting
* First past the post: Voters vote for the person they wish to elect by placing the number 1 next to that person’s name on their ballot paper.
* Preferential: Voters decide not only the candidate they want the most but also the order in which they prefer other candidates.
* House of Representatives: Voters vote for a senator by placing a number in the box beside each candidate’s name.
* Proportional representation/optional preferential: Voters can vote above or below the line in their order of preference.

Role and Strategies of Pressure Groups
* Pressure groups are formed when people join together over concern for a common issue to influence government decisions.
* Key pressure groups include the Australian Council of Trade Unions (ACTU), Australian Industry Group (AIG), Australian Council of Social Services (ACOSS), and Australian Conservation Foundation (ACF).

Australian Marriage Equality Bill and Citizenship
* The Marriage Equality bill, passed in 2018, allows same-sex couples to marry in Australia.
* The bill was achieved through a postal survey, with support from groups like The Australian Marriage Equality and New South Wales Gay and Lesbian Rights Lobby.
* Pressure groups use various strategies to influence government decisions, including protest marches, letters, emails, media events, lobbying, recommendations, social media, and standing for parliament.

Rights and Responsibilities of Australian Citizens
* Citizens have specific rights and responsibilities, including freedom of speech and religion, the right to leave the country, and the right to be protected from discrimination.
* Active citizens have the right to vote in federal, state, and local elections, pay taxes, obey laws, and serve as part of a jury.

Challenges and Responsibilities of Australian Citizens
* High unemployment levels, broken water supply mains, potholes in local streets, rundown government housing estates, and the presence of Native species near busy roads are some of the issues faced by active citizens.

Role and Function of Political Parties in Australia

Political parties are groups of people united by shared views on important issues.
The main aim is to elect candidates to Parliament to influence government decisions.
All parties must be registered with the Australian Electoral Commission, with a minimum of 500 eligible voters.
Not all candidates belong to a political party, some may be independents.

Australian Labor Party (ALP)
* The oldest political party in Australia, formed in the 1890s to address high unemployment and harsh living conditions.
* ALP’s policies promote social justice, compassion, and fairness.
* ALP aims to ensure wealth and power are evenly shared, provide jobs, abolish poverty, and ensure all Australians can access education, housing, and community services.

Liberal Party of Australia (LPA)
* Founded by Robert Menzies in 1944, the party forms a coalition with the National Party.
* Aims include a lean government, encouraging private businesses, and maintaining the family and law and justice role.

National Party of Australia (NPA)
* Founded in 1914, the National Party represents people living in rural and regional Australia.
* Aims include providing strong local community representation, ensuring decent health, safety, social and economic welfare, and promoting individual achievement.

Australian Greens (The Greens)
* A progressive, national party founded in 1992, the Greens aim to protect the environment, ensure fair treatment, and ensure societal governance by the people.

Nick Xenophon Team (NXT) Overview
* Established in 2013 to address South Australia-specific issues in parliament.
* Won three Senate seats in the 2016 federal election.
* Changed its name to Centre Alliance in April 2018.

Fundamentals of Australia’s Government
* Government formed on the principle of parliamentary majority in the House of Representatives.
* The winning party has the power to make laws for governing the country.
* Election results in the re-election of the existing government or the Opposition forming a new government.
* If the government retains power, its leader remains prime minister.
* If the Opposition defeats the government, the Opposition leader prepares to take over as prime minister.
* Government ministers are appointed and sworn into office by the Governor-General.

Opposition and Shadow Ministers
* Opposition party that fails to win enough seats forms the Opposition.
* Shadow ministers scrutinize the activities of the relevant minister and criticize their performance.
* If the Opposition wins the next election, shadow ministers become ministers and the Opposition leader becomes prime minister.

Hung Parliament and Minority Government
* A ‘hung parliament’ occurs when the two major parties have the same number of seats in the House of Representatives.
* A minority government has the support of enough crossbenchers to win important votes in the House of Representatives.

Policy Making in Australian Politics

Backbenchers and Frontbenchers
* Backbenchers are young, inexperienced members of parliament who occupy the back seats of the House of Representatives.
* They are involved in parliamentary debate, serve on committees, and suggest amendments to bills.
* They can also suggest their own bills, which may or may not have party support.
* Backbencher’s bills, sometimes referred to as private member’s bills, are seldom successful.

Frontbenchers and Cabinet
* Frontbenchers are senior party members with an allocated portfolio and can significantly influence policy decisions.
* They are also members of Cabinet, a council of senior members of parliament chosen to assist the prime minister with policy decisions and other executive functions.
* The sitting prime minister has a significant influence on how the Cabinet works and can shuffle the roles of Cabinet members if necessary.

The Prime Minister
* The final decision-making power in Australian politics is often left with the prime minister.
* The prime minister can develop his or her own policies, sometimes in contrast to the views expressed by the prime minister’s Cabinet members.
* Prime ministerial policies need to follow the same pathways as regular bills to keep the power of the prime minister in check.

Shaping Australian Policy and Law

Setting the Policy Agenda
* Governments have the right to set the policy agenda for Australia, known as a mandate.
* Individual prime ministers and their parties can focus on specific aspects of policy.
* Pressure groups and members of the public can influence local members and politicians to set the policy agenda.

Education Funding
* Government policy development involves reviewing existing practices, inviting submissions, and making recommendations.
* The Commonwealth government has provided additional funding to both government and non-government schools since the 1960s.
* Different funding models have been attempted over the years, with advocates for government schools, independent schools, and Catholic schools all arguing for increased funding for their sectors.

Parliamentary Debate
* Both houses of the Australian parliament debate issues of national significance and proposed laws.
* Question Time is a designated part of the parliamentary schedule where MPs can pose questions to other members and ministers.
* Government decisions are scrutinised and the power of the ruling party is closely monitored.
* The Opposition party and its leader ensure the accountability of the prime minister and Cabinet.

Separation of Powers
* The parliamentary system is based on the Westminster system, a model for the new Australian Commonwealth government.

The Separation of Powers in the Westminster System
* The system, dating back to the Middle Ages, includes a’separation of powers’, dividing government functions into three ‘arms’: legislative, executive, and judicial.
* The legislative arm, comprising the House of Representatives and Senate, and the Governor-General, has the power to create new laws and amend existing ones.
* The executive arm, known as the Cabinet, is responsible for enacting laws, usually exercised by government ministers with special responsibilities.
* The judicial arm, including the High Court of Australia, interprets and enforces the Constitution, enforces laws, and settles legal disputes.
* The courts ensure fair and equal application of the law, protecting rights and freedoms.
* Judges are appointed without easy removal by the executive arm, allowing them to make decisions without fear or favor.

Separation of Powers in Australia
* Provides a system of checks and balances on government power.
* Regular elections allow parliament to make laws, with the people voting for new members if unpopular or unfair.
* An independent judiciary ensures parliament and the executive act within the Constitution’s limits.
* Government ministers must gain the approval of both houses of parliament for new laws.
* Government ministers are individually accountable to parliament and must answer questions about their executive roles.

Division of Powers in Australia
* The federal government controls currency issuing to ensure equal money usage.
* The Constitution reinforces the rights of citizens by ensuring no one person or organization has all the power.
* The Constitution supports the division of powers between state parliaments and the federal parliament.
* Law-making powers are divided to handle national issues, while state governments focus on providing essential services.

Australia’s Local Government and State Government Overview

Local Government: 900 councils, led by aldermen or councillors, operate under state laws and make by-laws on local issues.
State Government: Each state and two territories has its own parliament, with lower houses and upper houses. The head of government is the Premier or Chief Minister, and the head of state is the Governor.
Federal Government: Two houses of federal parliament: the Senate and the House of Representatives. The Prime Minister is the head of government, and the Cabinet makes key government decisions.
Local Governments: Serve the needs of cities, towns, and communities, including town planning, sewerage, water supply, public libraries, education, and rubbish collection.
Federal Government: Governor-General, House of Representatives, Senate, Governor-General, Executive Council, Prime Minister, Cabinet, Ministers, High Court, Federal Courts, Family Court of Australia.
State and Territory Governments: Governor, Legislative Assembly, Legislative Council, Governor-General, Executive Council, Premier/Chief Minister, Cabinet, Ministers, Supreme Courts, County or District Courts, Magistrates’ Courts, Special courts, and Tribunals.

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UNIT 1: Core : Law, Society and political involvement Flashcards

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