Law, Society, and Political Involvement Year 10 Commerce PDF

TOPIC 2 Law, society and political involvement Year 10 Commerce Syllabus  The Legal Framework Why do we have rules?  Reasons for Page 2 laws ❏ Law is a collection or a set rules that society must follow ❏ A main difference between a rule and a law is its level of enforceabilit...

TOPIC 2 Law, society and political involvement Year 10 Commerce Syllabus  The Legal Framework Why do we have rules?  Reasons for Page 2 laws ❏ Law is a collection or a set rules that society must follow ❏ A main difference between a rule and a law is its level of enforceability ❏ In extreme cases, an absence of law can lead to the government become a state of anarchy  August 2005 Hurrican e Katrina Anarchy: State of chaos where no laws apply. Person with most strength will start to dominate, and the weak and helpless would suffer  The 4 main roles of the law Page 2 1. Establish boundaries of acceptable behaviour and determine which actions will not be tolerated. For example, drink-driving laws reflect society’s attitude that placing other road users at risk through intoxication is unacceptable. 2. Protection from the actions of others as well as our own behaviour. It does this by telling society what people cannot do. For example, we cannot commit assault, murder or robbery. We cannot drive while drunk or ride a bike without a helmet. In this role, the law restricts our individual freedom but provides safety for all individuals in society.  The 4 main roles of the law Page 2 3. Freedom to do many things by telling society what people can do. For example, the law allows us to own and operate a business, drive a car, get married or divorced, or leave school. 4. Resolving disputes in order to stop people taking the law into their own hands. The legal system provides a police force (or service), court system and correctional centres (jails and juvenile detention centres) to enforce and administer the law. Have a gu ess... What laws you and I Place your screenshot here break without realising it? Victoria: It is an offence in Victoria to fly a kite to “the annoyance of any person” in a public place. Maximum penalty is a $777.30 fine [Section 4, Summary Offences Act 1966 (Vic)]. Singing an obscene song or ballad in a public place can attract a maximum fine of $1,554.60 or two months’ imprisonment; $2,331.90 fine or three months’ imprisonment for a second offence; $3,886.50 fine or six months’ imprisonment for a third or subsequent offence [Section 17, Summary Offences Act 1966 (Vic)]. It is illegal to correspond or do business with pirates. The maximum penalty is 10 years’ imprisonment [Section 70C, Crimes Act 1958 (Vic)]. It is an offence in Victoria to make unreasonable noise with a vacuum cleaner after 10pm or before 7am on weekdays, and 9am on weekends [Section 48A, Environment Protection Act 1970 (Vic); Regulation 6, Environment Protection (Residential Noise) Regulations 2008 (Vic)]. NSW: Drivers can be fined up to $2,200 for not taking enough care to avoid splashing mud on public bus passengers [Regulation 291-3, Road Rules 2014 (NSW)]. South Australia: Obstructing or disturbing a wedding, funeral or religious service is an offence that carries a maximum fine of $10,000 or two years’ imprisonment [Section 7A, Summary Offences Act 1953 (SA)]. Values, morals and ethics Different country, different values, different laws Page 2 Our laws in Australia are sometimes very different to those of other countries. For example, in Australia it is compulsory to wear a bicycle helmet in all states and territories; Australia also has strict anti-smoking legislation, including plain packaging of cigarettes. Few other nations around the world have similar laws to these. Some nations have laws that Australians find very peculiar. For example, in Singapore importing chewing gum can be punished with a $100 000 fine or two years imprisonment. Also in Singapore, failing to flush a public toilet can bring about a $150 fine!  Page 2 Can you find different laws from other countries that seem odd to us? Division of power -three levels of government The three levels are: Page 2 FEDERAL PARLIAMENT—makes laws for the whole of Australia 6 STATE AND 2 MAINLAND TERRITORY PARLIAMENTS—make laws for their state or territory OVER 500 LOCAL COUNCILS—make local laws (by-laws) for their region or district. How the federal and state parliaments work together is sometimes referred to as the division of powers. Video: https://peo.gov.au/understand-our-parliament/how-parliament-works/three-levels-of-government/three-levels-of-g overnment  Page 2 Division of power – three levels of government  Roles and responsibilities of government Do you know what each level of government is responsible for? Test your knowledge of the three levels of government in Australia with this game. https://peo.gov.au/understand-our-parliament/how-parliament-works/three-levels-of-government/federal-state-a nd-local/  Court Hierarchy Page 3 × The court system operates under a hierarchy, which also relates to the seriousness of the offence. × The higher courts, which hear the most serious matters (indictable offences) , are at the top of the hierarchy, and the lower courts, which hear less serious matters (summary offences), are at the bottom of the hierarchy. × Each court deals, therefore, with specific legal matters over which it has authority or jurisdiction. Consequently, each court becomes ‘expert’ in dealing with a particular area of law.  Court Hierarchy Page 3 × Committals are heard in the local courts and allow an examination of the evidence to decide if there is a valid case to pass the case to the higher court for trial. Hence, it prevents time wastage.  Jurisdiction Which TYPES OF CASES does each court deal with? NSW DISTRICT COURT A single court can ‘hear’ - Serious criminal cases such as armed - Civil cases between $100,000 - lots of different TYPES robbery, sexual assault. Basically $750,000. OF CASES. anything except murder, treason or piracy. Some courts are even split into different ‘divisions’, so that the NSW LOCAL COURTS judges can specialise in a - Minor criminal matters. - Committal hearings: - Civil disputes under $100,000 certain area. When you are charged with any crime, you go to a local court first to decide if: a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?)  Hierarchy NSW DISTRICT COURT Different cases will - Serious criminal cases such as - Civil cases between $100,000 - start at different armed robbery, sexual assault. $750,000. Basically anything except murder, LEVELS, treason or piracy. depending on how serious the case is. NSW LOCAL COURTS If you lose your - Minor criminal matters. - Civil disputes under case, you can - Committal hearings: $100,000 When you are charged with any sometimes appeal crime, you go to a local court first to (take your case to decide if: a) There is any real evidence or a higher court) if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?)  HIGH COURT (FULL COURT) - Seven judges - Final court of appeal Part of the Page HIGH COURT (PARTIAL) FEDERAL 3 - 1-3 judges - Appeals from NSW Courts of Appeal on criminal and civil court hierarchy matters. NSW SUPREME COURT NSW COURT OF CRIMINAL APPEAL NSW COURT OF APPEAL - Deals with appeals from criminal cases (again, usually has three judges). This is part of the Supreme Court, but it usually has three judges. - Often hears ‘stated’ cases (not going through the WHOLE trial again – just going through the original judge’s decision and deciding if there was a mistake of law NSW SUPREME COURT (SINGLE JUDGE) - Very serious criminal cases, such as - Civil cases involving over $750,000. murder. - Civil matters such as wills, injunctions DRUG COURT NSW DISTRICT COURT TRIBUNALS Deals with offenders who e.g. are dependent on - Serious criminal cases such as armed robbery, - Civil cases between $100,000 - $750,000. Administrative Decisions drugs. sexual assault. Basically anything except Tribunal (ADT) murder, treason or piracy. Consumer, Trader and Tenancy Tribunal (CTTT) WILL BECOME ONE BIG CHILDREN’ NSW LOCAL COURTS TRIBUNAL IN 2014 – The CORONER’S COURT - Minor criminal matters. NSW Civil and - Holds ‘inquests’ S COURT - Civil disputes under $100,000 (investigations into unexplained - Criminal cases - Committal hearings: Administrative Tribunal When you are charged with any crime, you deaths and fires) dealing with go to a local court first to decide if: (NCAT) children and - Can make recommendations about changes that should be young people. a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of STATE court hierarchy made to stop future deaths - Cases about the it, just by quickly looking at the JURISDICTION key care and facts?) protection of Deals with civil cases Deals with criminal cases b) Which court your case should children. be held in (District? Supreme?) Both (incl. appeals)  Local court Page 4 × In the Local Court there is no jury. Instead, it is a magistrate who hears the cases, decides the verdict and sets any punishment. × A magistrate can imprison an offender for up to two years per offence, or a maximum of five years. Magistrates are qualified legal practitioners who have many years experience in dealing with legal matters. × The Local Court deals with minor civil disputes; for instance, where people sue other people for damage to property or for injury claims of up to $100 000. × This court also hears summary offences (minor criminal matters) such as stealing, drink-driving, assault, possession of drugs and indecent language.  The District Court Page 4 × The District Court is the ‘middle court’ in the state legal system. × They are located in Sydney and in larger regional centres. In the District Court of NSW, cases are heard by judges. District Court deals with more serious civil cases for claims over $100 000 up to $750 000 and all motor vehicle accident cases. × Its criminal jurisdiction deals with serious criminal matters such as armed robbery and manslaughter. In some cases a jury will decide whether the accused is guilty or not. If the accused is found guilty, the judge will decide on an appropriate sentence. × The District Court also hears appeals from the Local Court.  The Supreme Court Page 4 × The Supreme Court is the highest in NSW and deals with the most serious criminal cases such as murder, treason and serious sexual assault. × The most serious civil cases involving more than $750 000 are heard in this court. The Supreme Court is located in Sydney and headed by the Chief Justice. × However, the judges of the Supreme Court (and of the District Court) hold sessions of their courts in major regional centres. This is known as ‘going on circuit’. The Supreme Court also deals with appeals from the two lower courts. × The judgements of the Supreme Court are binding (compulsory) on all lower courts. The Supreme Court can impose a wide range of sentences.  The High Court of Australia Page 4 × Located in Canberra, the High Court deals with appeals from the state or territory Supreme Courts. × It also hears cases concerning the interpretation of the constitution; that is the laws of which Australia is governed by. It reads, interprets and applies the Constitution and, in reaching verdicts, it creates laws that then affect the powers of parliaments.  Specialised courts Page 5 Children’s Court × The Children’s Court deals with cases involving the care and protection of children and young people. Coroner’s Court × The Coroner’s Court is a special Local Court that investigates deaths by unnatural causes in order to determine the identity of the deceased and the date, place, circumstances and medical cause of death. Family Court of Australia × The Family Court is a specialised court that assists Australians to resolve more complex family law matters such as divorce, parenting disputes and the division of property when couples separate. The Drug Court of NSW × This court tries to provide long-term solutions for offenders who have been caught up in the cycle of drug use and crime by encouraging the person to become free of his or her substance abuse, gain employment and reduce the need to commit crimes to support the drug habit. Workshe Page 5 et  adversarial system Page 6 In Australia, the method of trial used is called the adversarial system. × An adversarial system is that where the court acts as a referee between the prosecution and the defence. The whole process is a contest between two parties. As regard crime these two parties are the state & the person accused. Lawyers ask questions of witnesses, demand production of evidence, and present cases based on the evidence they have gathered. × An inquisitorial system is a legal system where the court is actively involved in proof of facts by investigating the case. This system involves resolving disputes and achieving justice for individuals and society. Judges, not lawyers, ask questions and demand evidence. Lawyers present arguments based on the evidence the court finds.  Time to watch https://www.youtube.com/watch?v=NsAnyBo Kk0E Who’s who in the court? Court Personnels Explore https://www.nationaltrust.org.au/educationprograms/3d-interactive- court-room/ Page 7 Mock trial – the three little pigs https://vimeo.com/37734800 https://www.casaarts.org/cms/lib/PA01925203/Centricity/Do main/54/Trail%20of%20Alexander%20T%20Wolf.pdf Page 8 What happened to trial by jury?  Page 8 Juries Trial by Jury originated in the 13th century in England A fundamental principle of the legal system is “presumption of innocence” In the 21st century juries are not used as much as they were but still hold a strong feature of the justice system  Page 8 Juries Anyone whose name is on the electoral roll can be called as a juror. In a CIVIL TRIAL, the jury must decide on the balance of probabilities (the standard of proof) whether the defendant is liable. The court must be satisfied that on the balance of probabilities, one case is more plausible than the other and that there is a foundation for the case which is backed up by the evidence before the court. In a CRIMINAL TRIAL on juries decide whether the accused is innocent or guilty beyond reasonable doubt. Page 8 Juries × Juries are used in the District and Supreme Court of NSW (Not local) × They decide verdict (guilt) not sentence (Judge) × Chosen from the electoral role and there can be exemptions  Juries Who can be excused? - Doctors, dentist, clergy and emergency workers etc. - Over 70 years of ages - People who works in the legal systems - People with a criminal record Page 8 Juries Majority verdict The verdict agreed by all but one or two of the members of a jury Unanimous verdict The verdict agreed by all jurors. Hung jury When the jury cannot decide on a verdict and a new trial is ordered  Page 8 Juries Jurors must be able to: - Listen to all the facts of the evidence, and remember and understand them - Decide what they believe actually happened according to the evidence they have heard - Put aside their own prejudices or bias - Be fair and impartial - Understand points of law the judge explains - Deliver a verdict on the guilt or innocence of the accused in a criminal trial, or decide if a party is liable in a civil trial. Page 8 Juries Juries are used in INDICTABLE OFFENCE cases and are optional in civil trials. Indictable offence where the defendant has the right to trial by jury Criminal Case Civil Case 12 people jury 4-6 people jury  Page 8 Juries Watch this video on EMPANELLING- the process of jury service. Place your screenshot here Explain the process of being summoned for jury duty.  When jury get it wrong... Page 8 https://www.smh.com.au/national/the-problem-with-the-jury-system-in-australia-20190307-p512iy.html Page 9 Jury system For or against? Arguments for and against the jury system Page 9 Page 9 Questions 1. Distinguish between the standard of proof required for a civil trial and a criminal trial 2. Evaluate the effectiveness of the jury system Page 9 Questions × WHO can serve on a jury? × WHAT is the role of a juror? × WHERE do juries work (serve)? × WHEN is a jury used? × WHY do we need juries? × HOW does a jury ensure they make the correct decision on a defendant’s innocence or guilt? AREAS OF LAW Page 10 Classifying law Law can be classified into 2 main types: Public law These are laws that deal with the standards of behaviour that society expects from its government and people and those who work within the government. It includes criminal law as well as laws that relate to how governments operate (constitutional and administrative law).  Page 10 Classifying law Private law These are laws that deal with the way individuals interact with each other. It includes laws that regulate the behaviour of people towards each other and the behaviour of businesses. This type of law is commonly referred to as civil law. Page 10 Areas of Law Public law Private law Constitutional Tort Industrial Contract Administrative Property Criminal Family Page 10 Page 11 & 12 Complete worksheet 4.7 Lawbreakers Page 12 Classifying law: Criminal law In criminal law the prosecution presents the case on behalf of the Crown (the term used to represent the government). It is the prosecution’s role to prove beyond reasonable doubt that the accused person committed the offence. If this is proven, then a punishment will be issued on behalf of all of society.  6 main types of criminal activity Page 1.CRIMES AGAINST PERSONS 12 These are crimes involving INJURY caused to another person. Such crimes include: - Homicide (the intentional killing of another person) -Manslaughter (the accidental killing of another person) or the killing of another with a justifiable reason; for example, when a person kills another but does so in self-defence -Assault, causing or threatening to cause injury to another person Page 12 6 main types of criminal activity 2.CRIMES AGAINST PROPERTY These are crimes that result in property being stolen or damaged. Typical offences in this category includes: -larceny: removing another person’s property without that person’s consent -break and enter: a person illegally entering a building to commit an offence -robbery: using violence or the threat of violence to take another person’s property  6 main types of criminal activity Page 3. WHITE-COLLAR CRIME 13 These crimes are usually committed by professional people and are not associated with violence or damage to property. Typical white-collar crimes are tax evasion and computer hacking.  6 main types of criminal activity 4. CRIMES AGAINST THE STATE Page 13 (COUNTRY) These include: - sedition: encouraging a hatred of the state - treason: a more serious offence than sedition. It is where a person or organisation actively tries to bring about the collapse of a government or assists the enemies of a country.  6 main types of criminal activity Page 5.PUBLIC ORDER OFFENCES 13 These are crimes that disrupt the activities of our society. These include a wide variety of offences, such as swearing in public, and being drunk and disorderly.  6 main types of criminal activity Page 6. TRAFFIC OFFENCES 13 These are the most widely committed offences in our society. They involve crimes such as driving without a seatbelt and running a red light. Most of these offences are dealt with by issuing on-the-spot fines but more serious offences, including drink-driving, result in court proceedings Activi ty Page 13 With reference to the three cases studies provided in this subtopic, complete the following table. Research task Page 13 Find a media article for both a ‘crimes against person’ offence and a ‘white collar’ offence. Summarise the articles in the space below IAN TURNBULL ADEEL KHAN BRYAN PEREIRA Page 14 PROVING A CRIME ‘You have the right to remain silent.’ This is one of the best-known rights that Australians enjoy. When someone is accused of committing a crime the prosecution must prove the person is guilty; the defendant has the right to say nothing. Page 14 PROVING A CRIME There are two things the prosecution MUST PROVE in order to gain a conviction. 1. mens rea This means ‘guilty mind’. It must be proven that the accused person INTENDED to commit the crime and that the actions of the accused were not accidental. The only exception to this is traffic offences, where no mens rea needs to be proven. 2. actus reus This means ‘criminal act’. It must be proven that the accused person actually COMMITTED the offence.  YOUR RIGHTS WHEN ARRESTED…. Research answers to these questions- Page Under 18? 14 1. Can I be charged with a criminal offence? 2. Can the police interview me? 3. Can I be called as witness? https://www.nationalcriminallawyers.com.au/under-18-and-charged-with-a-criminal-offence-a-dis cussion-on-how-juveniles-can-be-ready-for-their-matter/  Civil law Protecting our individual rights  Page 14 TORT LAW negligence — where a person fails to take reasonable care and, as a result, injures another person defamation — where a person injures another person’s reputation nuisance — where a person causes unreasonable interference with another person’s right to quiet enjoyment of their property trespass — where a person interferes with another person, or that person’s property rights. Civil law gives the person whose rights have been infringed (the plaintiff) the ability to initiate action to sue the wrongdoer (the defendant). Questions Page 14 1. Why do you think the most common remedy in civil cases is an award of damages? 2. Outline the purpose of civil law? In small groups, discuss whether you agree or disagree with the decisions in the five case studies of civil law. Give reasons for your answer. Page 14 Famous defamation cases × https://www.youtube.com/watch?v=DB6yutDia4Q × Outline one famous defamation case from the video 4. Page 15 Types of law – Page 15 difference between judge-made law and parliament-made law using cases Australia is governed by several types of law, which are made and operate in different ways. Statute law Statute law is made by parliament. In the Australian Parliament, a bill is a proposal for a new law or a change to an existing one. A bill becomes a law after it has been passed in the same form by the House of Representatives and the senate and is given royal assent by the governor general. It is then called an Act of Parliament. Types of law – Page 15 difference between judge-made law and parliament-made law using cases Common law Common law is made by judges in a court, using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. If no past cases with similar circumstances exist, a new decision is made, which would then become a precedent for a future similar case. If no statute law applies to cover a particular situation, common law will apply; however, statute law always overrides common law.  THE DOCTRINE OF PRECEDENT Page 15 Judgements made that are similar to previous decisions in the courts Judges need to follow precedent set by higher courts If no previous decision exists, a judge can set a new precedent Common law Statute Law Page 15 The most common area of reforms to the law State and Federal parliament enact legislation (statute) This legislation is then interpreted by the courts, making parliament law the supreme of authority of creating laws Statute law Page 15 × Statute law will always succeed over common law and no court has the power to change it. × The only exception is the High Court, which has the power to overturn a law, but only if it is unconstitutional. Page WHAT IS THE CONSTITUTION? 15 × It is a document that outlines the powers of the parliament and any restrictions to its law-making authority. × The constitution, therefore, is essentially the rulebook for how a parliament is to operate and a country be governed. × The state governments retain the power to make laws unless the Constitution hands this power to the Australian government. × There are sometimes disagreements between the Australian and state governments over who has the power to make laws on certain issues. For example, should areas of World Heritage be under state or federal control? When such disagreements occur, the matter is decided by the High Court. Activity Page 15 × Go to https://www.aph.gov.au/about_parliament/senate/powers_ practice_n_procedures/constitution × What do sections 28, 68 and 96 of the Constitution refer to? Page 16 a Find news article that reports on a new law being made by parliament. Underline the key words and write a brief summary of this report.  CHANGING THE CONSTITUTION Go to: https://education.aec.gov.au/making-a-nation/module4/defau lt.html# You will spend the next 20 minutes reading through the process of changing the constitution and completing the activities How a bill becomes a law Page 16 How a bill becomes a law Page 16 Customary Law – Circle sentencing Page Introduced in NSW in 2002 16 Circle sentencing was introduced to remove the barriers that existed between the indigenous people and making the legal system more inclusive of cultural differences. The defendant and the victim, legal representatives, elders from the communities and other parties that may have been affected by the crime gather to talk about what has happened and what the appropriate punishment would be. law Place your screenshot here  INTERNATIONAL LAW Page 16 International law is mainly developed from treaties and conventions between countries. A treaty is a form of contract between two parties (two countries or two international organisations from different countries). The Charter of the United Nations is perhaps the most famous international law. The United Nations is responsible for both establishing international laws as well as enforcing them. Activity Page 17 Research the trial of Slobodan Milosevic on war crimes charges. Write a short report on this case that would be suitable for a newspaper front page.  STATUTORY INTERPRETATION Statutory interpretation is the process by which courts interpret and apply legislation.  THE CONSTITUTION There exists state and federal constitutions. If these constitutions develop conflict it can be interpreted through the High Court The constitution can be changed through a referendum. Explore: Watch the video and read the information on the constitution SEPARATION OF POWERS - This Maintains the Rule of Law Page 17  The legislative arm (parliament) The legislative arm is the parliament. Page 17 It has the power to make new laws and to change or repeal existing laws. It consists of two separate ‘houses’; the House of Representatives and the Senate, together with the Governor-General as the representative of the Queen. A proposed law is known as a Bill. To become law, a Bill must be debated and voted on by both houses of parliament, and then approved by the Governor- General. It then becomes known as an Act or a statute, which are the formal names of laws that have been passed by parliament. Page 17 The Executive arm (Government) The executive is the arm of government with the responsibility of putting the laws into action. Executive power officially lies with the Governor-General, but it is usually exercised by government ministers. These are members of parliament who have special responsibility for particular areas of government. For example, the minister for defence is responsible for administering all laws that relate to the defence forces; the minister for immigration is responsible for laws dealing with migrants wishing to come to Australia; and the minister for the environment is responsible for those laws that are designed to protect the environment. Public servants and other government employees are part of the Page The judicial arm (Judiciary) 17 The judicial arm includes the judiciary and the courts, which are responsible for enforcing the law and settling disputes that might arise under the law. The courts can also ensure that the law is applied fairly and equally to everyone, so they are a safeguard for our rights and freedoms. Once a judge has been appointed, he or she cannot be easily removed by the executive arm. This means that judges can be independent and make decisions without fear or favour. Why do we have the separation of powers? Page 18 The separation of powers provides a system of checks and balances on the power of government. This works in the following ways: Members of parliament can make laws but have to face elections on a regular basis. If laws prove to be unpopular or unfair, the people can vote for new and different members to replace them. An independent judiciary has the power to ensure that parliament and the executive are acting within the limits of the Constitution. This is a way of protecting individual freedoms. The High Court can declare any law invalid if it is contrary to the Constitution.  Why do we have the separation of powers? Page 18 Government ministers have to gain the approval of a majority of both houses of parliament if they want to bring in any new laws. If they cannot convince enough members, the law will not be passed. Government ministers are all members of parliament and are individually accountable (or answerable) to parliament. They are required to answer questions in parliament about actions they take as part of their executive role.  THE DIVISION OF POWER Federal government State government Air travel Agriculture and Currency fishing Defence Community Foreign Affairs services Immigration Consumer affairs Medicare Education Pensions Emergency services Page Postal services Environment 18 Social Security protection Taxation Health Industrial relations Law and order Public transport High Court decision on Same Page Sex Marriage 18 Published on Dec 12, 2013 Why did the high court make a decision on same sex marriage legislation? Place your screenshot here The Relationship of Laws to Values, Morals and Ethics We develop a sense of what is right and wrong (ethics) from the moral and ethical values of our society. Usually society’s moral and ethical values reflect the beliefs, attitudes and values of religious institutions.  Death Page 18 Penalty Should it Place your screenshot here still exist? Syllabus WHY DO LAWS CHANGE?  Page WHY DO LAWS CHANGE? 18 Laws are always changing and reflect the morals and values of the society we live in. Existing laws also change when they require updating or are no longer relevant or need to be modernised. They are made either through the statutory process or common law. Laws reflect changes in society Can you think of any? Page 19 Cybercrime laws Page 19 Referendums Page 19 When the founding fathers developed our Constitution, they wanted to make sure that it could not be changed by politicians seeking to gain more power for themselves. They also wanted to make sure that the two most populous states, New South Wales and Victoria, could not dominate government in a way that could disadvantage the smaller states. For these reasons, they made sure that it would not be easy to change the Constitution. Referendums Page 19 Chapter VIII section 128 of the Constitution describes the process on how it can be changed. The following steps must be observed if any change is to occur: Any proposed change to the Constitution must first be approved by a majority of members of both houses of the federal parliament. Within six months of being approved by the parliament, the proposed change must be put to the people to vote in a referendum. All registered voters are entitled to have a say. Referendums Page 19 The referendum will usually be in the form of a question asking the voters whether or not they approve of the change. Voters write the word ‘YES’ or ‘NO’ in a box on the voting paper to signify their support or opposition to the proposed change. For the change to be approved, more than 50% of all voters in Australia must vote yes to the proposal. In addition, there must be a majority in favour in at least four of the six states. If the above requirements are met, the proposal goes to the Governor-General for final approval and the change is made to the Constitution. Where do proposals for change come from? Page 19 Proposals to change the Constitution can come from several sources. For example, a number of state governments may get together and decide that a particular change would be valuable. Sometimes the federal government will hold an inquiry into a particular issue, and this may lead to recommendations for constitutional change. There have been times when community pressure has led to government recognising the need for a change.  How Laws are Page Changed 19 Changing bills are known as amendments and must go through the same process as any other bill Law Reform Commissions exist in each state and at the federal level. They provide advice to government departments Page 19 Australian republic 1999 Place your screenshot here Page 19 Activity: If you could change one law in Australia, what would it be and give a reason regarding fairness of the reform  Page 20 Watch: PUNCH DRUNK https://clickv.ie/w/K9tu 1. Outline the issues of Alcohol fueled violence 2. Outline the laws that require reform to address the issues of alcohol fueled violence Four Corner: My own Place your screenshot here Choice 5.  Justice and the law Generally, ‘justice’ means fairness. Justice involves a sense of equality for all, regardless of wealth, gender, ethnicity or religion. All must have equal access to legal representation and must be given a fair and unbiased hearing.  Who do you think most likely to experience difficulties in equal access to the law? People in poverty People with moderate/severe mental illness Young people Indigenous people NESB migrants Women People with disabilities barriers to equal acce s s t o t he law: Cost Obtaining legal advice can be very expensive. Fees charged by lawyers and barristers are very high. If a legal case is prolonged or is subject to appeal, the legal costs can very quickly mount up. Legal aid can be difficult to obtain. This may deter people from exercising their legal rights to solve their problems Justitia: Symbol of justice The blindfold: Demonstrates that justice is impartial — it is not influenced by wealth, race, religion, gender or status The scales: — and that all people will Represent the be treated as equal legal system weighing up both sides of the The sword: argument equally Symbolises the punishment to be imposed on any guilty party How much do lawyers charge? $$$$$$$  barriers to equal acce s s t o t he law: Time ‘Justice delayed is justice denied’ What does this old saying The prospect of a lengthy trial is another means? barrier to equal access to the law.  barriers to equal acce s s t o t he law: Procedures What are some problems you would face when confronted with a legal issue? Limited knowledge of the law Unaware that you have certain rights or responsibilities People perceive the legal system is insensitive to their needs Your ignorance of the law limits The procedures can be your access to the law intimidating and confusing.  barriers to equal acce s s t o t he law: Language Without the assistance of an interpreter, it can be difficult to understand the legal terminology and procedures. Not being able to communicate your needs can limit your access to the law  Fairness, Justice and t he law The legal system is referred to as the ‘dispenser of justice’ What does the word ‘justice’ means to you? Alternative Dispute Re solution (ADR) A method people can use to resolve their civil disputes without going to court. ADR involves the use of an impartial legal representative helping people resolve their dispute. The Attorney-General's Department provides advice on alternative dispute resolution (ADR) issues and policy to Australian Government agencies. Community Justice ce ntres Mediation is often used in court case because if an agreement between parties are reached can save time and money. Civil disputes can be quickly and cost effectively resolved with the help of a free CJC mediator. Legal Aid Established under the Whitlam Govt, Legal Aid Commission of NSW 1979 15 mins of free legal advice can be given. For more specific needs: eLaw Websites A collection f government websites which can assist you when you are facing legal problem. Pro Bono work This is when lawyers represent some clients for very low fees or for free on the basis that underprivileged members of society deserve representation. Norwegian prison sys tem – the most humane  rs ABC iview You can’t ask that: Ex-prisone Syllabus How to take action on political issues — acti citizenship ve × The actions of individuals can make a difference. In a democratic country like Australia, everyone has the right to influence government decisions. Even though you cannot vote until you are 18, there are other ways of being politically active.  Participating in the de mocratic process × The main feature of a democracy is that all people have equal rights and privileges. It also means that, in the end, power rests with the people. If people do not like what the government of the day is doing, they can vote to have it removed. × The democratic system of government originated in ancient Greece during the fifth century BC. It is based on the two Greek words demos, meaning people, and kratia, meaning power or rule. Democracy in ancient Greece was called direct democracy because citizens would hold public mass meetings to discuss issues that affected them. The citizens (adult males born in Athens to free parents) then voted and the idea that gained the majority of votes would win.  Australia’s political sy stem The basic principles of our political system are that: × the head of state and the head of the government must be two different people (for example, the Queen and the Prime Minister) × there are two houses of parliament; a lower house and an upper house × there are three different sections of government; the parliament (legislature) to make the laws, the executive to administer the laws and carry out the business of government, and the judiciary (courts) to enforce the law × these three sections of government must be kept separate (a principle called the ‘separation of powers’). Current Government  Different types of gov e r nment 1. Communism. This system of government is based on the theories of Karl Marx and Friedrich Engels. In this system there is no private ownership. Everything, apart from some personal items, is owned by the government (state) which supplies all the needs and wants of the citizens. Since the early 1990s, former communist countries in the USSR and eastern Europe have dramatically changed. China is also transforming its communist system of government. 2. Monarchy. A true monarchy is a system of government where the monarch (such as a king or queen) has total supreme power, such as in Oman and Kuwait. A constitutional monarchy occurs where the powers of the monarch have been limited by a series of laws. A republic is a democratic form of government that has a president. Different types of gov ernment 3. Autocracy. Autocracy is opposite in meaning to democracy and occurs when one person or group, often an authoritarian military dictatorship, holds all the power. These are oppressive and secretive regimes, such as in Burma (formerly Myanmar). 4. Anarchy. Anarchy occurs when the system of government has broken down and there are no laws or the laws are no longer being enforced. During a civil war a state of anarchy usually exists, such as in Syria.  Different types of gov ernment 5. Socialism. In this system of government the ownership of all the main economic resources are in the hands of the community. Socialist governments have a high priority for social welfare, and equality of income and wealth. https:// www.youtube.com/ watch?v=OBYmeLBWjeI 6. Fascism. Adolf Hitler adopted this approach. Fascism is based on strong centralised power permitting no opposition or criticism. The political party in power controls all the affairs of the nation and emphasises aggressive nationalism and anticommunist ideas.  Voting in the democra tic p rocess All Australian citizens over 18 must be enrolled to vote Methods of voting political parties  The inner workings of Australia’s government Winning the vote in a lower house electorate gives the successful candidate a seat in the House of Representatives. Government is formed in Australia on the principle of parliamentary majority in this house. This means that the party with the majority of seats in the House of Representatives forms the government, and its leader becomes prime minister. For each government minister, there is a corresponding person in the Opposition who is a shadow minister. A shadow minister is expected to scrutinise the activities of the relevant minister  Hung parliament When the two major parties have the same number of seats in the House of Representatives following an election, there is said to be a ‘hung parliament’. This means that neither side is in a position to form government on its own. Minor party representatives or independents will decide to support one side or the other, and this will lead to that party forming government.  Minority government It can sometimes occur that a government has fewer seats than the Opposition but is able to govern because it has the support of enough crossbenchers to win important votes in the House of Representatives. In this case it is said to be a minority government. In order to remain in power, a minority government has to be able to gather enough votes to support its spending decisions, and to retain the ‘confidence’ of the House.  Cabinet × A properly functioning Cabinet should direct government policy and make decisions regarding the most important national concerns. During the private and confidential meetings of Cabinet, issues and policies are discussed and votes conducted. The prime minister × The final decision-making power in Australian politics is often left with the prime minister. Although the Governor-General can also make important decisions (mainly procedural in nature), the prime minister can develop his or her own policies, sometimes in contrast to the views expressed by the prime minister’s Cabinet members. Prime ministerial policies still need to follow the same pathways as regular bills, and in this way the power of the prime minister is kept in check. Syllabus