Australian Civics and Citizenship Revision Notes PDF

Civics and Citizenship Revision Notes Express Rights within the Australian Constitution Freedom of religion Trial by Jury Free trade and commerce between the states and territories Equality of treatment between the states Compensation for the acquisition of property by the government on just terms...

Civics and Citizenship Revision Notes Express Rights within the Australian Constitution Freedom of religion Trial by Jury Free trade and commerce between the states and territories Equality of treatment between the states Compensation for the acquisition of property by the government on just terms Right to vote is an implied right as a result of how our democracy is set out in the constitution and is not an express right Separation of Powers The Separation of Powers is an important feature of Australia’s system of government and is how the constitution (implemented in 1901) describes how the power to make and manage laws is shared between the parliament, the government and the courts. The three groups are: Executive- Australian Government- Made up of the King (represented by the Governor-General), Prime Minister and ministers. The Executive puts the law into action Legislature—the Australian Parliament. Is made up of the King (represented by the Governor-General), the Senate and the House of Representatives. The Parliament makes and amends the law. Judiciary is made up of the High Court of Australia and other federal courts. The Judiciary makes judgements about the law This principle helps to avoid any group having all the power. Each group should work within defined areas of responsibility to keep a check on the actions of the others. The structure and function (roles) of Parliament Bi-cameral Parliament Federal/Commonwealth Parliament Victorian State Parliament Crowns (Kings) Representative Governor General Governor of Victoria Title Role - Provides royal assent - Dissolves Parliament - Ceremonial Duties - Commissioning the PM and other ministers - Holding and possibly using Reserve Powers Lower House Name of Lower House House of Representatives Legislative Assembly Role - Form government after an election - Make/propose/vote on laws - Keep a check on the work of the Government Upper House Name of Upper House Senate Legislative Council Role - Represent the States (Senate only) - Scrutinize bills proposed by the lower house - Make/propose/vote on laws - Keep a check on the work of the Government Government Leaders Title Prime Minister Premier The process of creating a new law in a Bicameral parliament system In Australia’s bicameral parliament system there are two houses or chambers that need to pass a bill in identical form by a majority vote. The house of representatives is the lower house and the senate is the upper house. Most new bills are first introduced by government ministers to the lower house for 3 separate readings and discussions (amended if necessary), it is then passed by a majority vote and sent to the upper house, where the same process is repeated. Once it is passed by majority vote in the Senate, it is then sent to the Governor-General for Royal Assent and then becomes an Act of Parliament and a new law. Election Definitions Electorate definition: all the people in a geographic area who are entitled to vote in an election. E.g Kingston. Preferential voting system: a system of voting in an election, where the voter indicates the eligible candidates in their electorate in order of preference on the ballot paper. Parliament definition: The Parliament consists of two Houses (the House of Representatives and the Senate), and the King, represented in Australia by the Governor General. The parliament represents the people who voted them in, make/update laws and hold the Government to account for its policies, actions, taxes and spending. Eligibility Requirements for Voters - Australian Citizen - Over the age of 18 - You have lived at your current address for at least 1 month You must enrol to vote before election day to be registered on the electoral roll to vote How individuals and groups can influence Parliament to make changes to Laws (other than voting in an election) Method How an individual can use Strengths Weaknesses this method to influence a change in the law Petitions A document that gathers Simple and inexpensive way to Some people are reluctant to signatures from multiple show support for a cause. sign petitions as they have to people who want change in Petitions that gain many include their address or email the law on a certain issue to address and don’t want to be signatures are more likely to be prove to the government spammed. Smaller petitions there is public concern. effective as they show greater not supported by other forms Petitions can be collected community support for the of community pressure or electronically and politicians issue. Gathering signatures and media attention normally do can be contacted via email sharing the petition around can not succeed and are easier or on social media. Petitions increase awareness of the issue for the parliament to ignore. can be presented to and attract media attention, parliament for increasing pressure on the consideration. parliament. Demonstrations Involve rallies or protests Demonstrations that attract If they are violent or cause ranging from small positive media attention significant inconvenience, demonstrations in one increase pressure to act on demonstrations can attract location to large gatherings parliament and attract negative media attention and or marches of thousands of additional public support. lead to a loss of support. people voicing their Demonstrations that attract a Demonstrations are hard to disapproval of a specific lot of people highlight a lot of organise and hard to attract a area of the law. This aims to support for the issue, which lot of people. Those that create awareness of a need increases the pressure on attract small numbers are for the change in the law. parliament to act. often ignored and are of little impact. Media Organisations that Has a broad reach that enables The media is only effective at broadcast and publish it to gain widespread support influencing law-reform if the information to society via for a particular change in the broader community gets mass communication. E.g law. Government can follow the behind an issue and demands Tv, Radio, Newspapers, media and determine where Websites, Social Media the community's interests lie change. Through a variety of and respond accordingly in different forms the media can enacting law reform so they demonstrate conflicting retain community support and views on an issue which can votes for the next election. cause Parliament to be Social media enables individuals reluctant to change and groups to quickly and easily legislation for fear of voter gather support for an issue, rather than waiting for the backlash. Social media is not mainstream media to capture regulated, which can cause the story. The general public has some individuals to use social access to the media and a vast media to promote unreliable array of information from ideas and facts or offensive multiple sources. This can or extreme changes in the enable them to gain law, leading law-makers to information to form their own political judgements and disregard social media pressure law-makers to change commentary on some issues the law in other ways. altogether. Lobbying Lobbyists are people Lobbyists can be very influential This direct access means that employed to meet in person to members of parliament if information is hidden from with members of they are representing a the public about who parliament to persuade powerful and wealthy company. members of government are them to make decisions in They are able to indicate how meeting with and therefore favour of a particular group, they will donate to a certain who is influencing their issue or individual they are party or support a politician in decision-making. This can representing. They are secret. lead to corruption and often granted access to the therefore distrust from the private areas of parliament. population. Letter/email/ph An individual or group can The member may be Ministers with larger one call to call, write an email or letter emotionally influenced to act portfolios and from major parliament to any member of on someone’s personal parties may not take notice parliament on an issue. letter/phone call. Or if multiple or be too busy to respond to people all are contacting their emails or phone calls. office on the same issue, they will take notice. - Court System Hierarchy LEVEL IN THE COURT TYPE OF CASES APPEALS COURT HEARD/JURISDICTION HIERARCHY HIGHEST HIGH COURT Constitutional matters. Only court that Appeals only from has the power to hear cases involving State Supreme courts. the interpretation of the Will only be heard if the Commonwealth Constitution, has matters are important seven judges and cases are legal or constitutional determined by a majority decision. issues. HIGH FAMILY COURT Deals with disputes relating to the NA (federal court) breakdown of marriages SECOND SUPREME COURT- Most serious criminal cases- murder, Receive appeals from HIGHEST Court of Appeal treason lower courts- and Trial Division Civil actions for unlimited amounts magistrates, county INTERMEDIATE COUNTY COURT Unlimited amount of damages in Civil Receive appeals from cases- jury decides who is liable and Magistrates court the level of damages to be paid. All crimes in criminal cases, except most serious (murder). Including drug trafficking, robbery and sex offences. Has a judge and juries may be used. LOW CORONERS Determines the cause of violent or NA COURT unexplained deaths and fires LOW CHILDREN’S Deals with matters relating to young NA COURT people. The court hears evidence relating to the welfare of the young person and makes a decision that's in the best interests of that person. Criminal division- crimes of children ages 10-18. Family division- cases of children under 17 who need care and protection. LOW MAGISTRATES - Criminal- All summary offence, Receive no appeals. COURT including traffic, minor assault and Appeals on decisions offensive behaviour go to County Court. - Committal hearings - Bail and warrant applications - Damages up to $100k for civil cases - No juries used