Civics & Citizenship Year 9 HASS PDF

Year 9 HASS CIVICS & CITIZENSHIP Learn More  Lawyer WHY DO WE STUDY CIVICS & CITIZENSHIP? Australia is a relatively safe society by global standards. We have laws enforced by police that apply to the whole community; public facilities are maintained by local councils and sta...

Year 9 HASS CIVICS & CITIZENSHIP Learn More  Lawyer WHY DO WE STUDY CIVICS & CITIZENSHIP? Australia is a relatively safe society by global standards. We have laws enforced by police that apply to the whole community; public facilities are maintained by local councils and state governments; and many essential services are provided by the government. Most of these factors are dependent on having a stable and secure government and parliamentary representatives, who are accountable to the people who elect them. Government decisions and laws passed by parliament affect many areas of your life. The political ideologies that influence government policies will continue to affect you, and the society in which you live, into the future. You have a responsibility to care about these various ideas and to engage with the society that your vote will help shape in the future. Learn More  Lawyer Active Citizenship Democracy MAIN CONCEPTS Global citizenship What are the main concepts within the area of civics and citizenship? Legal Systems Identity & diversity Learn More civics & citizenship 1. ACTIVE CITIZENSHIP People enjoy certain rights and freedoms from living in a democratic society. This includes the right to vote, freedom of speech and the right to practise their religion. However, with rights come responsibilities, such as informed voting, undertaking jury duty and advocating for our democratic values. Active citizens are informed and participate in civic and political processes at local, state, national, regional and global levels. civics & citizenship 2. DEMOCRACY Democracy is a political system where power rests with the people. Rules govern the electoral process that is used to choose our government and the way our government operates. Regular elections that are free and fair enable us to replace our political leaders if we believe they are no longer meeting our needs. civics & citizenship 3. GLOBAL CITIZENSHIP Australia is a part of a global community; our civic participation is not confined to within our national borders. On the world stage, we have an obligation to ensure that we advocate for the rights and freedoms of individuals regardless of where they live. Australia enters into agreements to ensure that our own citizens enjoy those same rights and freedoms. civics & citizenship 4. LEGAL SYSTEMS The presumption of innocence, the rule of law and the right to a fair trial underpin our legal system. The notion of justice means that people will be treated fairly in the eyes of the law, with equal access to what they need when they use the legal system. It does not mean that everyone who commits a crime will be punished in the same way, but rather that the punishment will be fair. civics & citizenship 5. IDENTITY & DIVERSITY Australia is a culturally diverse society and our sense of belonging is a blend of our differences and shared experiences. Distinct communities are evident among First Nations Australians and those who have migrated to Australia in search of a new life. People are free to express their differences and culture. Shared experiences such as Anzac Day, Reconciliation Week and Mabo Day unite us and help to define our sense of community and belonging. civics & citizenship civics & citizenship CONSTITUTIONAL CHANGE AND THE LEGISLATIVE PROCESS The Australian Constitution is a supreme law, meaning it can overrule other laws. Prior to 1901 all the states of Australia were separate and under British colonial rule. On 1 January 1901, the states united as a federation, becoming the nation of Australia as we know it today. The Constitution established the form of government and set out the relationship between the states, the nation and the Commonwealth.  Lawyer CONSITUTIONAL CHANGE: LEGISLATIVE PROCESS civics & citizenship CONSTITUTIONAL CHANGE AND THE LEGISLATIVE PROCESS  CIVICS & CITIZENSHIP CHANGING THE CONSTITUTION ? The Constitution is a supreme law which can overrule all other laws. Because the Commonwealth Parliament gains its authority from the Constitution, it cannot be changed by Parliament alone. The Commonwealth of Australia Constitution was passed by the British Parliament in 1900 after ten years of negotiations and drafting by the premiers of the six colonies and a number of constitutional conventions. This process served to develop a constitution that served the interests of all the states and the citizens of Australia at that time. It also aimed to provide a framework for governing that would serve Australia into the future by including in the Constitution provisions to take future changes in society into account. Of course, the framers could not envisage all possible future changes, such as changes in technology.  CIVICS & CITIZENSHIP CHANGING THE CONSTITUTION ? By establishing the High Court, they provided a means for interpreting the Constitution that takes into account changing circumstances, thereby bringing the law-making powers into the twenty-first century and beyond. The High Court obtains its jurisdiction from sections 75 and 76 of the Constitution (see FIGURE 3). It has the power to hear and determine ‘all matters’ that are listed below, such as matters arising under any treaty and matters in which the Commonwealth is a party. Since its first case in 1903, the High Court has played a significant role in interpreting the words and phrases of the Constitution to determine whether a law or a decision is valid.  CIVICS & CITIZENSHIP REFERENDUMS Unlike ordinary laws, which can be passed and amended by Parliament, changes to the Constitution must be proposed before getting the approval of Australian citizens. First, a member of parliament or a senator makes the proposal. If the bill FAMOUS passes an absolute majority it goes to a REFERENDUMS ATSI voice in Parliament referendum. (did not pass) During the referendum the proposal must Australia to become a be agreed to by the majority of voters republic (did not pass) nationwide, and by the majority of voters Aboriginal rights in at least four states. (passed)  Lawyer REFERENDUMS: AUS  CIVICS & CITIZENSHIP ADVANTAGES & DISADVANTAGES - REFERENDUM The Constitution not only provides for our system of government and the division of law-making powers between the states and the Commonwealth; it also provides citizens of Australia with certain rights. These rights are referred to as express rights because they can be clearly identified in the words of the Constitution. Through its ability to interpret the Constitution, the High Court, as the guardian of the Constitution, therefore protects our rights as well. If a person or a group feels that an act of a government infringes upon their rights, they may ask the High Court to declare the action unconstitutional or the law ultra vires.  CIVICS & CITIZENSHIP ADVANTAGES & DISADVANTAGES - REFERENDUM The High Court may also determine that other rights exist within the words of the Constitution even though those words do not expressly provide that right. The High Court can still infer that a right exists and that the words imply that right. There are a number of cases that involved the determination of implied rights by the High Court. All but one of these cases revolved around the implied right to freedom of political communication CASE STUDY: The 1967 referendum and constitutional recognition of First Nations Australians civics & citizenship CASE STUDY: 1967 REFERENDUM  civics & citizenship CASE STUDY: 1967 REFERENDUM While the 1967 referendum removed parts of the Constitution which discriminated against First Nations Australians, there is still ongoing work to build recognition of the First Peoples of Australia into the Constitution. Constitutional recognition of First Nations Australians would mean acknowledgement of their special and important place in Australian history and culture. It would also help to ensure they are protected from discrimination, including by the government. The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples began in 2018 and presented a report including two main recommendations: a process of co-design with First Nations Australians followed by legislative and constitutional options to establish a constant First Nations Voice in government.  civics & citizenship FEDERAL GOVERNMENT: RESPONSIBILITIES POLICY MAKING: Once the government has been elected, it is charged with the responsibility of running the country. Part of this responsibility is the development and implementation of policy — the rules and regulations that become the laws by which all Australian citizens must live. The policy-making process in Australian politics is complex. All members of parliament have a role to play in this process, although some individuals hold more influence than others.  civics & citizenship FEDERAL GOVERNMENT: RESPONSIBILITIES BACKBENCHERS: The House of Representatives is colloquially divided into backbenchers and frontbenchers. Traditionally backbenchers are young and inexperienced members of parliament who occupy the back seats of the House of Representatives. They are involved in parliamentary debate, can serve on parliamentary committees and can suggest amendments to bills. Backbenchers can also suggest their own bills, which may or may not have the support of their party. Known as private members’ bills, this form of policy making is rare and these bills are often unsuccessful. The Commonwealth Electoral Bill 1924 (which introduced compulsory voting to Australia) and the Euthanasia Laws Bill 1996 (which outlawed euthanasia) are two notable exceptions.  civics & citizenship FEDERAL GOVERNMENT: RESPONSIBILITIES FRONTBENCHERS & CABINET Members of parliament with an allocated portfolio are referred to as frontbenchers — because they occupy the front rows of the House of Representatives. Frontbenchers are usually more senior party members and so they can have a significant influence on policy decisions. Frontbenchers are also members of Cabinet, a council of senior members of parliament who are specifically chosen to assist the prime minister with policy decisions and other executive functions. Interestingly, the Cabinet is not mentioned in the Constitution and each government is free to determine its specific functions. As a result, the sitting prime minister has a significant influence on how the Cabinet works. Furthermore, the prime minister is free to shuffle the roles of Cabinet members if they feel such a change is necessary.  civics & citizenship FEDERAL GOVERNMENT: RESPONSIBILITIES FRONTBENCHERS & 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. Once a Cabinet vote has been cast, the final verdict must be supported by all members of Cabinet, regardless of personal opinion. This is known as Cabinet solidarity.  civics & citizenship FEDERAL GOVERNMENT: RESPONSIBILITIES 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.  CIVICS & CITIZENSHIP SHAPING THE LAW Winning an election gives a government the right and responsibility to set the policy agenda for Australia. This is known as a mandate. Governments are free to decide on which areas they will focus their policy decisions. While all government responsibilities must be carefully administered and regulated, individual prime ministers and their parties may choose to focus on particular aspects. Pressure groups and members of the public can also help set the policy agenda by attempting to influence their local members and other politicians. When successful, this influence can both contribute to the development of new policy and result in the amendment or even complete withdrawal of other policy decisions civics & Citizenship CONFLICT RESOLUTION FEDERAL & STATE A system of courts is needed to help maintain social cohesion. In Australia we have courts at a state level, but we also have a federal court system. At the top of this federal court system is the High Court of Australia. Located in Canberra, the court is presided over by seven High Court justices, who are appointed by the governor-general on the advice of the federal government. Justices are appointed for a period that expires when they turn 70; they cannot be removed from office except on the grounds of proven misbehaviour or incapacity. civics & citizenship SPECIFIC, RESIDUAL AND CONCURRENT POWERS When the Constitution established the Commonwealth of Australia (effective 1 January 1901), it granted the Commonwealth Parliament the power to make laws in certain areas. These are known as specific powers. They are called ‘specific’ because they are specified in sections of the Constitution. It also allowed the colonial parliaments (known as state parliaments after Federation), to retain their individual constitutions and some of their law-making powers, known as residual powers. It further provided some areas of law making where both the states and the federal parliaments could make laws, referred to as concurrent powers. Having concurrent powers made it likely that some conflict would develop between laws made by the Commonwealth and laws made by the states. In these circumstances it is the role of the High Court to settle such disputes.  civics & citizenship CONCURRENT POWERS Section 51 of our Constitution identifies 40 areas where the Commonwealth (or federal) Parliament ‘shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth’. As noted earlier, these powers are referred to as specific powers. They are also referred to as ‘concurrent’, which means both the state and the federal parliaments are free to make laws in these areas. These 40 powers include the power to make laws in the areas of taxation, marriage, naturalisation and aliens, external affairs and acquiring property on just terms. The framers of the Constitution were aware that, by creating these concurrent powers, there was potential for conflict to arise between a law made by a state parliament and a law made by the federal parliament. To that end, the framers put in place a mechanism for resolving such a conflict — section 109. civics & citizenship CONCURRENT POWERS Section 109 of the Constitution states that ‘When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid’. A problem arises when the state doesn’t believe that an inconsistency exists or believes that the Commonwealth didn’t have the power to create a law in this area. It is at this point that the High Court is often called upon to resolve the dispute. The original version of the Constitution included only 39 specific powers and they were referred to as the ‘39 heads of power’. An additional power was added after the 1946 referendum.  civics & citizenship RESOLVING CONFLICT BETWEEN STATE AND FEDERAL LAWS The framers of the Constitution recognised that the members of the state governments would be more familiar with their own citizens and circumstances, and so the state governments were left with the power to make laws in certain areas. The framers also recognised that there were certain areas where it would be in the national interest for citizens to recognise only one law. Discrepancies exist between states and territories in certain areas of law; for example, each state and territory has its own laws about learner drivers’ permits and probationary licences. Study FIGURE 4 to discover the different laws that exist in each state and territory in relation to obtaining a learner’s permit or probationary licence. In which state or territory does it take the least amount of time to obtain a probationary licence?  civics & citizenship INFLUENCING STATE GOVERNMENTS The High Court not only resolves disputes over Commonwealth and state laws; it is also asked to review decisions made in state courts. As part of its jurisdiction, the High Court has the ability to hear appeals from the Supreme Courts of each state and territory, and to comment on legislation passed by the states. In making its judgements the court, and the justices sitting on a particular case, will offer comments on the validity and suitability of the laws in question. The state parliaments often act on these comments. FIGURE 6 Animals straying onto a road can cause a hazard for other road users — sometimes leading to accidents, as occurred in the Trigwell case. The case of Trigwell v. State Government Insurance Commission (1979) is an example of such a case.  civics & citizenship TRIGWELL V STATE GOV A woman was driving along a road at night when she swerved to avoid a sheep that had strayed onto the road. In doing so, she crossed onto the other side of the road and hit an oncoming car. The woman was killed and the people in the other vehicle were injured. The injured parties sued the farmer for negligence, stating that the farmer was at fault for not maintaining the fence through which the sheep escaped. The High Court was unable to find the farmer liable as the court was bound by a decision made in the House of Lords in England that still applied to Australian courts. In making their decision, the justices noted that the parliaments of the various states had known of this precedent for some time but had not acted. Following this decision, many state governments passed legislation to amend the Wrongs Act so this decision could not occur again. Farmers would henceforth be liable for their animals escaping and causing harm or damage. civics & citizenship Divide into groups Divide your class into 3 to 5 groups of different sizes. Government Opposition / Coalition Independents ACTIVITY: Decide your party POLITICAL PARTY Give each group 10 minutes to decide who their party is and what their party platform should be. Ensure that the government Investigate how the party system operates party has a platform and policies which in Australia, and how government is formed would be acceptable to a majority of in Parliament with this classroom activity. Australians. Explore the concepts of parliamentary majority, hung parliament, minority government and the balance of power in Negotiate a bill the Senate. Ask the leader of the government party to choose one of their party's Learn More policies and make sure that their party supports that plan of action.  civics & citizenship ACTIVITY: POLITICAL PARTY Negotiating a bill Ask the leader of the government party to choose one of their party's policies and make sure that their party supports that plan of action. Ask the government to turn their plan of action into a bill—proposed law. They need to give it a name and explain what it is about. For example, The No Homework Bill. A Bill for an Act to ban homework in all Australian schools. Write the title of the bill on the board in the classroom: The ______________ Bill. A Bill for an Act to _____________ The government's bill needs to be agreed to in the Senate, where the government does not have a majority. It will need the support of sufficient other parties/independents to pass the bill.  civics & citizenship ACTIVITY: POLITICAL PARTY You will have 5 minutes to have party meetings. The government needs to think about their plan of action in more detail, and come up with ways in which they would be prepared to compromise on their policy in order to persuade the other parties to support their policy. The non-government teams need to decide whether they are going to support the bill, oppose it or negotiate changes to it. You will then need to meet as a whole or in small groups to negotiate the bill. The government need to seek support for the bill among the other parties, and negotiate changes until they have a majority of students in the class who will support the bill. Ensure that the whole government agrees to any changes which have been negotiated. If there is no agreement for the bill after 5 minutes, the bill has failed.  Lawyer REFLECTION Reflect on the fate of the bill. 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