Australian Democracy: Definitions and Origins

• The test is a short answer test comprising 3 questions each with 3 parts worth 2, 3, and 5 marks.
• The 2-mark question requires a definition.
• The 3-mark question requires an explanation and an example.
• The 5-mark question requires detailed explanations plus examples.

Democracy

• Democracy is when people have power to make decisions about how they are governed.
• This can be done by electing representatives.
• Democracy is the rule of the people.
• The word democracy means the rule of the people, where people vote on matters in the community.

Representative Democracy

• Representative democracy is where people vote for the people who run the community/country/etc.

Origins of Australian Democracy

• The Romans and Greeks invented democracy.
• It has been adopted and developed by many countries including Australia.
• The term 'democracy' is a Greek word.
• The Australian government system comes from the British Westminster system.

Rights and Freedoms

• Australians enjoy voice, religion, fair trial, and protection against discrimination.
• Australians enjoy freedom of speech, freedom of conscience, and freedom of religion.
• They also enjoy assembly and association, and movement.

Freedom of Speech

• Freedom of speech allows Australian citizens to say their opinion.
• A person might overstep this freedom when they start to do illegal things when stating their opinion or use hate speech.

Participation in Democracy

• Australians participate in democracy by voting in elections.
• They can also participate by joining political parties, signing petitions, protesting, and contacting representatives to express opinions.

Rules

• Rules are concepts set by guardians and carers as well as people out in the community that are there to keep you safe.
• Rules do not have serious consequences.
• Rules are guidelines that affect specific groups.

Laws

• Laws are concepts we have to obey.
• If we break the law, we face the punishment.
• Laws are officially created by the government and affect all citizens.

Precedent

• A precedent is an already existing case that guides judges to make a fair decision based on what others have done in similar scenarios.

How Laws are Made in Parliament

• Proposition
• First reading in the House of Representatives
• Scrutinisation
• Second reading
• First reading in the Senate
• Scrutinisation
• Second reading
• Royal assent
• It starts as an act.
• In Senate: 1st 2nd 3rd reading. Changes, Voting.
• If changes are made, it gets sent back to the House of Representatives, and the process is repeated until it is voted 'yes' word for word or 'no'.

How Laws are Made in Courts

• Usually tort law.
• The laws are developed by writing up about a case.

Types of Laws

• Criminal law.
• Civil law.
• Tort law.
• Customary law.

Criminal Law

• Criminal law involves breaking the law.
• Police prosecute, and courts impose punishment if the offender is found guilty, e.g., murder, theft, manslaughter.

Civil Law

• Civil law is tort law.
• It is a law that does not have a set punishment.
• It only comes up if someone is sued.
• It involves law concerning disputes between other people.

Tort Law

• Tort law refers to civil wrongs that cause harm or loss to another person.

Categories of Tort Law

• Negligence, nuisance, trespass, and breach of contract are categories of tort law.

Customary Law

• Customary law refers to the traditional laws of Indigenous peoples.
• It is a generational aspect of their culture.