Democracy, Rules, Laws and the Australian Constitution

• A democracy is a form of government where people elect representatives to make decisions according to law.

Rules and Laws

• Rules are instructions for a place or situation, such as schools, home or a sports team.
• Examples of places that use rules include schools, gardens, sports teams and parks.
• Laws are a set of rules created and enforced by the government to regulate behavior and protect society.
• Laws apply to everyone and have consequences if broken.
• Examples of laws include criminal law, civil law, labor law, and immigration law.
• Rules are typically made by smaller groups or organizations to control what people can and can't do within that group.
• Laws are rules created by the government that apply to everyone in a country or community.
• Breaking laws can result in serious consequences, such as fines or jail time.

The Australian Constitution

• The Australian Constitution is the fundamental law that governs the political structure of Australia.
• The Australian Constitution was implemented on January 1, 1901.
• The Australian Constitution outlines how the country is run, divides power, and protects citizens' rights.
• The constitution guides laws and decisions to keep things fair.

Law

• The rule of law says that everyone, including lawmakers, government officials, and judges, must follow the same laws in a country or community.
• Common law is a law developed by judges through their decisions in court.

Federation

• Federation was when the six Australian states joined together to become one country in 1901.
• Federation occurred on January 1, 1901.

Civil and Criminal Law

• Civil law is a system of rules that governs how people and organizations interact.
• Civil law is used to resolve disputes between individuals, businesses, and government agencies.
• Examples of civil law include property disputes, family law, and contract disputes.
• Property disputes involve disagreements over ownership of property, including real estate, vehicles, and other assets.
• Family law involves disputes over divorce, child custody, and inheritance.
• Contract disputes involve disagreements over the terms of agreements between people or businesses.
• Criminal law defines crimes and the punishment for those who commit them.
• Examples of criminal law include assault and sexual violence.
• Assault is a criminal offense that can involve violence or threats of violence.
• Sexual violence is a crime that can include rape, sexual abuse, and aggravated sexual assault.
• Murder and manslaughter are fatal offenses.
• Civil law addresses disputes between individuals or entities, while criminal law addresses behavior that harms society.

Federal Parliament

• The Australian Parliament is structured with 227 members.
• 76 members are in the Senate and 151 members are in the House of Representatives.
• The Prime Minister comes from the House of Representatives.

House of Representatives

• The House of Representatives is green.
• The House of Representatives is the lower house of the federal parliament.
• The House currently has 151 members, each representing an electoral division.

Senate

• The Senate is red.
• The Senate is the upper house.
• The Senate consists of 76 senators.
• Senators represent their entire states.

Three Levels of Government and Responsibilities

• Local government is responsible for waste collection and recycling, public libraries and local parks, and local road and footpaths.
• State government is responsible for education and health care.
• Federal government is responsible for immigration, defense, and currency.

Representatives and Electorates

• Lisa Chesters is a federal representative for Bendigo.
• Maree Edwards is a state representative for Bendigo West.
• Jacinta Allan is a state representative for Bendigo East.

Voting

• Preferential voting involves voters ranking candidates in order of preference.
• If no candidate gets more than 50% of first-preference votes, the candidate with the fewest votes is eliminated.
• The votes for the eliminated candidate are redistributed to the next preferred candidate.
• The preferential voting process continues until one candidate gets a majority (50% + 1).
• Preferential voting is used in Australia for House of Representatives elections.
• First past the post voting involves voters selecting only one candidate (no ranking).
• The candidate with the most votes wins in first past the post voting, even if they do not get 50%.
• There is no redistribution of votes in first past the post voting.
• First past the post voting is used in countries like the USA, Canada, and the UK for some elections.
• Preferential voting ensures the winner has majority support (over 50%).
• FPTP can result in a winner who has the most votes but less than 50% of total votes.
• In Australia, voting is compulsory for all citizens aged 18 and over in federal, state, and local government elections.
• If you don't vote and don't provide a valid reason, you may receive a fine from the Australian Electoral Commission (AEC).

Customary Law

• Customary law includes the traditional laws, practices, and customs followed by Aboriginal and Torres Strait Islander peoples in Australia.

Victorian Court Hierarchy

• High Court of Australia is at the top.
• Then the Supreme Court of Victoria (Court of Appeal & Trial Division).
• Then the County Court of Victoria.
• Finally, the Magistrates' Court of Vic (Includes Children's & Coroners Court).