Law and Ethics in Nursing Practice

Australian Legal System Overview

• The cornerstone of the Australian legal system is the rule of law, ensuring that all individuals and institutions are accountable under the law.

Role of the Executive

• The Executive branch is responsible for enforcing the laws and administering the government. It consists of the Prime Minister, ministers, and public servants.

Fundamental Principle

• A fundamental principle of the Australian legal system is that justice should be accessible and equitable for all individuals, upholding fairness in legal proceedings.

Role of the Legislature

• The Legislature, comprising the Parliament, makes and amends laws. It represents the electorate and provides a check on the Executive branch.

Presumption of Innocence

• The presumption of innocence is a vital legal principle, meaning that a person is considered innocent until proven guilty, which safeguards individual rights and fairness in trials.

Distribution of Power

• The separation of powers is the term used to describe the distribution of authority between the Legislature, Executive, and Judiciary, ensuring no single branch becomes too powerful.

Cabinet Characteristics

• In the Westminster system, the Cabinet is composed of senior government ministers and is responsible for making key policy decisions and coordinating government activities.

Aim of Criminal Law

• The primary aim of criminal law is to maintain public order and deter criminal behavior by defining offenses and prescribing punishments.

Source of Common Law

• Common law originates from judicial decisions and precedents, developed through court rulings over time, forming a legal framework alongside statutory law.

Role of the Judiciary

• The Judiciary interprets and applies the law, adjudicates disputes, and ensures justice is served. It acts independently to uphold the rule of law.

Significance of Precedent

• Precedent in common law serves as a guiding principle, where past judicial decisions inform future cases, ensuring consistency and predictability in the law.

Difference Between Criminal Law and Civil Law

• The primary difference is that criminal law deals with offenses against the state and prescribes punitive measures, while civil law addresses disputes between individuals, aiming for compensation or resolution.