Testing Week: Yr 11 June 12th

Question 1

What are the stages of a bill through parliament?

Answer 1

ORIGINAL HOUSE:
1. FIRST READING: bill is introduced into the original house
2. SECOND READING: members debate and vote on the main idea of the bill
3. COMMITTEE STAGE: public inquiry into the bill and reporting back to the original house
4. CONSIDERATION IN DETAIL: Members discuss the bill in detail, including any changes to the bill
5. THIRD READING: members vote on the bill in it’s final form
6. BILL IS PASSED: sent to the next house
SECOND HOUSE:
7. Steps 1 - 5 repeated with second house
8. Bill is passed
9. Royal assent from GG: GG signs bill
10. Bill becomes an act of parliament

Question 2

How are our rights protected in Australia?

Answer 2

h

Question 3

What is the structure of the Australian Parliamentary system?

Answer 3

Based on the British Westminster system •Australia is a constitutional monarchy, a federation of states and a representative democracy •Bicameral system 
Structure of the CW parliament:
• GG 
• Senate (upper house) 
• HoR (lower house)

Question 4

What is the difference between an Act and a Statuary rule?

Answer 4

F

Question 5

What are rights?

Answer 5

an interest recognised and protected by law, respect for which is a duty, disregard for which is wrong

Question 6

Identify an international treaty that protects human rights

Answer 6

The UN Universal Declaration of Human Rights
• Right to freedom from discrimination
•Protection from unlawful detention

Question 7

How binding are international treaties in Australia?

Answer 7

Not very as any international treaties Australia signs do not automatically become part of Australian law

Question 8

What are statuary rights?

Answer 8

Express rights not entrenched in the constitution

* contained in a bill of rights set out in a statute, which contains rights which can be amended or repealed by govt.

Question 9

How do statuary rights differ from express rights entrenched in a constitution?

Answer 9

Statuary rights can be changed by parliament where as rights entrenched in the constitution require a referendum (usually) to be changed

Question 10

What two approached are relevant to Australia?

Answer 10

Express rights (some express rights) and rights protected by legislation and common law

Question 11

What type(s) of enforcement of rights do you think are used in Australia?

Answer 11

Interpretive approach: courts can declare a law as contradictory to the bill of rights - parliament either has to change the law or justify it’s existence
- complaints based approach: an individual or an organisation has to complain in order for an infringement to be dealt with

Question 12

How can the principle of separation of powers help to protect the rights of Australians?

Answer 12

Prevents power from being concentrated in one set of hands providing accountability, checks and balances protecting individual liberty and regulating the CW parliament

Question 13

How is S53 of the constitution relevant to the constitutional principles of responsible govt. ?

Answer 13

Gives legal recognition for the principle of responsible govt.

Question 14

How does responsible govt. protect rights?

Answer 14

Protects rights by ensuring that the citizens will be governed by a govt. that has the confidence and support of the lower house protecting against the possibility of govts. abusing power

Question 15

In what ways does the Constitution embody the highest principle of direct representation?

Answer 15

s7: senators from each state shall be directly chosen by the people
s24: members of the HoR shall be directly chosen by the people
S8 and s30 require that each elector shall only vote once

Question 16

How does representative govt. protect rights?

Answer 16

protects the rights of the people to be governed by representatives of their choosing. Can’t continue to govern without the support of the people therefore the govt doesn’t have too much power over peoples lives

Question 17

How is the implied right of political communication relevant to representative government?

Answer 17

In order to enact their right to be governed by the people of their choosing they must be aware of their options. Any law restricting their ability to be aware of their options would therefore be going against their right to choose their own representative and therefore would be going against the premise of a representative government.

Question 18

Evaluate the extent to which every Australian has the right to vote under the constitution

Answer 18

Limited implied right to vote through s7 and s24
• the words “shall be composed of members directly chosen by the people imply the right to vote for all as they would not be fulfilled if people were restricted from voting due to sex/race/monetary status

Question 19

What constitutional protection does the crown offer?

Answer 19

The GG is able to dismiss a govt. that is defying the constitution. Not expressly listed in the constitution but under reserve powers

Question 20

To what extent does the constitution provide structural protection of rights?

Answer 20

- provides indirect protection of rights
eg:
• responsible govt.
•separation of powers
 The structure and text of the constitution provide some rights: limited right to vote

Question 21

What are the differences between the Canadian approach and the Australian approach?

Answer 21

• Canada’s list of express rights is extensive while Australia only has 5 (plus the right to freedom of political communication which is implied)
• Canada has a clause (s33) which allows legislation to be overridden by parliament (by permitting parliament to respond to a declaration of invalidity by passing the legislation again with a clearly expressed intent that the new legislation override the protected right, the new legislation can only be in force for 5 years until it has to be passed again) In Australia none of the express rights can be overridden by the parliament
• There is a limitation in the Canadian charter which states that parliament can limit protected rights by demonstrating it is justified in a free and democratic society, there is no such limitation in Australia
• In a trial a court can exclude evidence that has been obtained in violation of the charter, Australia does not have the same provision

Question 22

What is the ACT court hierarchy?

Answer 22

Federal Magistrates Court: Family divorce applications, administrative law, banking, consumer protection, human rights, privacy No criminal jurisdiction
BELOW
ACT court of appeal: No civil jurisdiction
• Criminal jurisdiction, an appeal just has to come from one judge in the supreme court
BELOW
Supreme Court: Civil jurisdiction
• damages claims for unlimited amounts
•single judge
• 1 judge 12 jury for indictable offences
Criminal Jurisdiction:
• an appeal on 1 point of law from the magistrates court
• 1 judge
BELOW
Magistrates court/Coroners Court/Children’s Court

Question 23

What are committal hearings?

Answer 23

They are held in the magistrates court to determine a. whether prima facie exists (sufficient weight to support a conviction by a jury at trial)
b. clarify the issues prior to attending trial and thereby avoid taking matters to trial when the evidence is flimsy, saving the time and resources of the higher court

Question 24

List some special jurisdictions

Answer 24

Family Court: established 1975 has jurisdiction over marriage, divorce and custody of children, sits on the same level as the federal court, appeals go directly to the high court
Children’s court: hears cases for under 18
- except murder which the main hearing would be held in the supreme court
Drug Court
Koori Court: the accused is aboriginal, the offence is within the jurisdiction of the magistrates court other than sexual offences, family violence, or breach of an intervention order, etc
Family violence court

Question 25

Evaluate the means by which the rights of Australians are protected by the commonwealth constitution, and the extent of the protection

Answer 25

Page > 150

Question 26

Do you think Australia should adopt a bill of rights? Comment of whether you think a bill of rights should be a constitutionally entrenched bill of rights or a statuary bill of rights. Explain the difference between these two approaches to the protection of rights

Answer 26

Page > 150

Question 27

What is bail?

Answer 27

The release of a person from legal custody under certain provisions; can be granted by a police officer, a magistrate or a bail justice INNOCENT UNTIL PROVEN GUILTY • A person may be kept on remand if they have been charged with:
• murder or treason
• drug trafficking
• already in custody for another crime
• considered to pose an unacceptable risk to society or is likely to: abscond. commit an offence while on bail, endanger the safety/wellbeing of the public, interfere with witnesses or otherwise pervert the order of justice

Question 28

What is the adversary system?

Answer 28

The system of trial used in Australia in which two opposing sides try to win the case. Set rules of evidence and procedure must be followed and the judge is an impartial arbitrator

Question 29

What is statutory interpretation?

Answer 29

another way judges make law: the process by which judges interpret the words or phrases in an act of parliament in order to give the words meaning.

Question 30

What is the role of the HoR?

Answer 30

• initiating laws
• determining the govt.
• publicising and scrutinising govt. administration
• controlling govt. expenditure
• representing the people

Question 31

What is the role of the Senate?

Answer 31

• House of review/scrutiny of bills from lower house
• state’s house (equal representation regardless of states size)
• initiate laws except money bills