Glossary - S

Question 1

Scrutineer

Answer 1

A person appointed by a candidate in an election to observe the counting of votes. A scrutineer’s main role is to check that the processes followed don’t contain errors that would disadvantage their candidate.

Question 2

Search warrant

Answer 2

A court order authorising the searching of a house or other premises.

Question 3

Secret ballot (also Australian ballot)

Answer 3

Arrangements to ensure that voters do not have to reveal how they voted. The secret ballot was first used in Australian colonies in the 1850s to prevent voters being intimidated by candidates, as had been possible in previous systems of public voting.

Question 4

Select committee

Answer 4

A short-term committee set up by the parliament to carry out a specified investigation. Select committees act under defined terms of reference and cease to exist when they report back to the Parliament. The Senate has made extensive use of select committees to investigate issues such as the GST, the ‘child overboard affair’ and aircraft noise at Sydney airport.

Question 5

Self-government

Answer 5

A grant of internal autonomy over most matters to a colony. The Australian colonies were all granted self-government by Britain over the period 1850 to 1890. Before that time governors appointed by the British government either ruled directly or maintained a power of veto over all political decisions. Self-governing colonies could pass their own legislation and carry out government administration but they were not independent as Britain retained control on external affairs and some law.

Question 6

Senate

Answer 6

The upper house of the Commonwealth parliament. The Australian Constitution provides the states with equal representation in the Senate and this chamber was expected to protect the interests of the states and to act as a house of review.

Question 7

Sentence

Answer 7

The sanction imposed on someone who is convicted of a crime. The judge orders the sentence basing it upon the jury’s verdict (or the judges decision if there is no jury) set within the possible punishments as established by law.

Question 8

Sentencing

Answer 8

The determination by a court of the sanction to be imposed on a convicted person.

Question 9

Separation of powers

Answer 9

The division of government executive, legislative and judicial powers into separate arms or institutions that act separately and are independent of each other. The separation of powerswas advocated by the French political thinker, d’Montesquieu, as a way of ensuring that governments could not wield executive power. The separate arms of government provide a system of checks and balances on each other. The most important feature of the separation of powers is the independence of the judiciary.

Question 10

Serjeant-at-Arms (also spelt Sergeant-at-Arms)

Answer 10

An appointed officer of the parliament who assist the speaker of the lower house. The formal duties of the Sejeant-at-Arms include announcing the entrance of the speaker and carrying the mace into the chamber. As the bearer of the mace the Serjeant-at-Arms is the constable of the chamber who can be called upon to enforce its decisions. Another responsibility is to communicate decisions of the lower house, including the transmission of bills, to the upper house. (See Officers of the Parliament)

Question 11

Service of writ

Answer 11

The official delivery of legal documents such as a summons or subpoena.

Question 12

Session of parliament

Answer 12

The period of time during which Parliament sits, starting from the first day of sitting after an election until parliament is prorogued or dissolved for a new election.

Question 13

Sessional orders

Answer 13

Temporary orders governing the conduct of proceedings for a session of parliament, e.g., sitting days and times. They may vary the operation of the standing orders.

Question 14

Shadow Cabinet/Shadow Ministry

Answer 14

The group of senior opposition members who have special responsibility for developing alternative policies and scrutinising the actions of the government minister for a specific portfolio.

Question 15

Simple offence

Answer 15

A minor criminal offence, heard through a criminal summons in the Magistrate’s Court. And example is the offence of been drunk and disorderly in a public place.

Question 16

Single member electorate

Answer 16

An electorate represented in parliament by only one member. The Commonwealth House of Representatives and the legislative assemblies of all states except Tasmania are based on single member electorates.

Question 17

Single transferable vote

Answer 17

An aspect of the counting of votes under proportional representation. When a candidate at the top of a list on the ballot receives more votes than required to gain a quota, their surplus votes are distributed to the next candidate on their list according to a transfer value.

Question 18

Socio-economic status

Answer 18

The ranking of the community into groups depending on factors such as their income level and occupation. Low income, less educated people are categorised as low socio-economic status and so on.

Question 19

Socialism

Answer 19

A political ideology that seeks a redistribution of resources to create a much greater degree of equality. Socialists believe that throughout history political power has been dominated by wealthy property owners (the capitalist class) who have exploited the majority. Radical socialists, generally known as communists, believe that a political revolution is necessary to overthrow the capitalist class. Reformist socialist parties seek democratic changes to substantially increase equality without destroying the existing economic system. The Soviet Union was an example of a communist system. Reformist socialist parties have been successful in Scandinavian countries where they built ‘cradle to the grave’ welfare systems.

Question 20

Solicitor

Answer 20

A professionally trained lawyer who provides legal advice directly to clients, may represent them in the lower courts and prepares the details of a case (briefs) for a barrister to present in higher courts.

Question 21

Sovereignty

Answer 21

The supreme authority to govern in an independent nation. In constitutional democracies sovereign power is based on the consent of the people and operates through the rule of law. In non-democratic governments sovereignty may be based on traditional or religious authority or on coercive power. In federations sovereignty is divided with each level of government holding sovereign powers to make laws in distinct areas of policy.

Question 22

Speaker

Answer 22

The presiding officer of the lower House of Parliament (at commonwealth level the House of Representatives). The speaker chairs sittings of parliament and ensures that proceedings are conducted in accordance with standing orders and established parliamentary practice. (See presiding officers of parliament.

Question 23

Specialised courts

Answer 23

Courts that are set up to deal with specific offences that as are seen as a part of social and individual behaviour problems that may be resolved by therapy or rehabilitation programs rather than through formal sanctions. Examples are Drug Courts and Family Violence Courts.

Question 24

Specific performance

Answer 24

An order made by a court in a civil case to compel parties to fulfil their obligations, especially under contracts.

Question 25

Specific purpose grants

Answer 25

A financial payment made to a state by the Commonwealth government that must be spent on an activity or specific purpose determined by the Commonwealth. Section 96 of the Constitution allows the Commonwealth to provide specific purpose grants. They have been used by Commonwealth governments to control spending by the states in policy areas that are part of the residual powers of the states.

Question 26

Stages in the passage of a bill

Answer 26

The formal steps that a bill passes through in Parliament. In the first reading a clerk of the parliaments announced its title and all members are given a copy of the bill. In the second reading the minister responsible for the area that the bill covers describes the intent of the proposal and the general intention of the bill is debated. The proposal is considered in detail in the Consideration in Detail Stage (or committee stage) and amendments may be proposed and voted on. In its amended form the bill is voted on again in the third reading. In bicameral parliaments the bill is then transmitted to the other house in which it repeats these stages.

Question 27

Standard of proof

Answer 27

The degree of certainty required in a trial to demonstrate that the defendant committed a civil wrong or a crime. The standard of proof required in a civil case for a plaintiff to be successful is for the case to be established on the balance of probabilities. In a criminal case the evidence presented by the prosecution must establish the guilt of the accused beyond reasonable doubt.

Question 28

Standing committees

Answer 28

Long term Parliamentary committees that are set up under standing orders and exist for the life of a parliament. They are generally re-established by the next parliament. Standing committees are a major feature of Senate activity. The Senate have standing committees to supervise the internal operations of the parliament, for example, publications, staffing and library services, and privileges. It also has committees that scrutinise proposed government expenditures or bills (legislation committees) or enquire into legislative issues (references committees).

Question 29

Standing orders

Answer 29

Permanent rules covering the conduct of the business of Parliament. The standing orders cover such things as the rules of debate, the ways a presiding officer can maintain order, and voting procedures in the chamber.

Question 30

Stare decisis

Answer 30

Literally means ‘let the decision stand’. Stare decisis is the basis of the doctrine of precedent that judges should abide by the legal rules or principles that were established in past cases dealing with an equivalent legal dispute.

Question 31

State

Answer 31

General term for a sovereign government. Also used to refer to a regional government within a federation.

Question 32

State administrative tribunal

Answer 32

The state administrative tribunal of WA provides an accessible means of adjudicating and resolving disputes not covered by the original jurisdiction of courts. Its judgements cover areas such as objections to decisions made by a wide range of government officials, vocational regulation, and the resolution of some civil, commercial and personal disputes between individuals. (See tribunals)

Question 33

States’ righters

Answer 33

Also called federalists, states’ righters believe that regional governments should have equal or greater power compared to central governments in a federation. They vigourously oppose any expansion of Commonwealth Powers at the expensive of of the states.

Question 34

Statute (also statutory law)

Answer 34

A legally enforceable legislative act that has passed all stages in parliament, has received Royal assent and has been proclaimed.

Question 35

Statute of limitations

Answer 35

A limit on the time that can elapse between an event that caused an alleged wrong and a case concerning it being heard in court. In most Australian jurisdictions the period is six years, although there is sometimes a requirement that action commences within three years.

Question 36

Statutory interpretation

Answer 36

The determination of the meaning of an act of parliament by a court before they can apply to a specific case. Where a statute is unambiguous and relatively current courts will apply its words literally. If interpretation is required a court will consult established authorities and legal principles in determining the meaning of the act.

Question 37

Stay of proceedings

Answer 37

The suspension of a case. This may happen in a civil dispute because a plaintiff cannot meet conditions set by the court. In a criminal case proceeding may be stayed because of circumstances that make a fair trial impossible.

Question 38

Subject

Answer 38

The role of the people in traditional monarchies and dictatorships. A subject is required to be personally loyal and obedient to the leader and has no inherent political or legal rights. (See citizenship)

Question 39

Subpoena

Answer 39

And order requiring an individual to appear in court at a specific time to give evidence or present documents.

Question 40

Summary judgement

Answer 40

A judgement that is based on statements and evidence presented by a plaintiff and not disputed by the defendant.

Question 41

Summons

Answer 41

A document issued by a Magistrates Court requiring an individual to attend court on a particular day to have their case heard.

Question 42

Superior Courts

Answer 42

A general term for the courts that are at the top of the court hierarchy in a particular jurisdiction. In Australia the Supreme Courts and the High Court are the superior courts.

Question 43

Supply bill

Answer 43

A bill presented to Parliament to provide for the use of government funds on a government ordinary expenses. Supply bills enable expenses such as public service salaries to be paid.

Question 44

Supreme Court (of the US)

Answer 44

The Superior Court in the US that has original jurisdiction in disputes concerning the US Constitution and appellate jurisdiction on US federal law.

Question 45

Supreme Court (of AUS states)

Answer 45

The court that has original jurisdiction concerning serious criminal offences such as murder and armed robbery and concerning civil disputes with a high value (over $750,000 in WA). The court of appeal of the supreme court hears appeals from lower courts.

Question 46

Surety

Answer 46

A binding commitment to pay a sum of money if a legal act is not performed. A surety can be provided by an adult over 18. It is required when bail is granted and it is forfeited if the bailed person fails to turn up at court to have their case heard.

Question 47

suspended sentence

Answer 47

A sanction such as a term of imprisonment handed down to a person found guilty of a crime, but that does not have to serve if the person does not re-offend. If during the term of the sentence the person re-offends then they must serve the full period of the original sentence plus any sentence imposed for the new offence.

Question 48

Swinging voter

Answer 48

A voter who does not have a stable loyalty to a particular political party and will support different candidates and parties at different times.

Question 49

Safe seat

Answer 49

A classification used by the Australian Electoral Commission to refer to seats in which the winning party holds more than 60% of the two party preferred vote. (See blue ribbon electorate, fairly safe seat and marginal seat)