VCE - Legal Studies - Unit 3 AOS 1 - Edrolo TutorOnDemand

LEGAL STUDIES
Tutor on Demand Unit 3

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Simon Phelan Rosehill Secondary College

Legal Studies notes by Mr. S. Phelan Edrolo Powered by Tutor On Demand, Pty Ltd
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How well do you know the course?

How many Areas of Study are there in each unit? 5 > 3 in Unit 3 and 2 in Unit 4
What weighting does each Area of Study have over the whole course?
Is this weighting reflected in the exam? Unit 3 AoS1 Study Design Examination 2011 Examination 2012 12.5% 14% 16% Unit 3 AoS2 25% 19% 26% Unit 3 AoS3 12.5% 13% 11% Unit 4 AoS1 20% 19% 17% Unit 4 AoS2 30% 36% 30%
Give each Area of Study the appropriate level of revision time dont focus too much on one topic at the expense of the others. Legal Studies notes by Mr. S. Phelan
TutorOnDemand.com.au Edrolo Powered by Tutor On Demand, Pty Ltd
What do I need to do to be successful?
How many Topics are there in the course? Unit 3: Law-making

AoS1: Parliament and the citizen Topic 1 principles of the Australian parliamentary system and the structure of Parliament Topic 2 reasons why laws need to change, the role of the VLRC and individuals and groups affecting change, the legislative process and strengths and weaknesses of parliament as law-makers AoS2: The Constitution and the protection of rights Topic 1 the division of law-making power, referendums, High Court interpretation, referral of powers Topic 2 the protection of rights in the Constitution, structural protection of rights, High Court protection and a comparison with another country AoS3: Role of the courts in law-making Topic 1 Precedent and statutory interpretation Topic 2 Strengths and weaknesses of courts and parliament as lawLegal Studies notes by Mr. S. Phelan makers and their relationship 4 TutorOnDemand.com.au Edrolo
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UNIT 3 Area of Study 1

Feature Reason for court action Criminal law Breach of societys laws Civil law Persons rights infringed Plaintiff
Party bringing the dispute to court
Prosecution
Burden of proof Party brought to court Standard of proof Verdict at trial Outcome of successful verdict Aim of court action
Borne by prosecution Defendant Beyond reasonable doubt Guilty or not guilty Sanction Punish offender
Borne by plaintiff
Defendant
Balance of probabilities Liable or not liable Remedy Restore plaintiffs rights
Use these terms at all times to notes demonstrate Legal Studies by Mr. S. Phelan your knowledge and TutorOnDemand.com.au Edrolo understanding Powered by Tutor On Demand, Pty Ltd
Principles of Australias parliamentary system

Structure of parliament
Bicameral Upper House Lower House Role of the Crown

Legislative Executive Judicial
Separation of powers
Representative
Responsible
Structure and role of Parliament

Bicameral Constitutional Monarchy
Australian
Crowns representative Upper House Governor-General
Senate House of review, States House. 76 Senators (12 each state, 2 each Territory, Elected for 6 years, half every 3
Victorian
Crowns representative
Upper House
Legislative Council 40 members, 8 members elected from 5 Districts, equal in size, Elected for 4 years
Governor
Lower House
House of Representatives Elected for 3 years, 150 members, each represent an area
Lower House
Legislative Assembly Elected for 4 years, 88 members each representing an equal area
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Roles
Australia
Crown
Royal Assent to Bills Chair meetings of Executive Council Dismiss and swear-in PM and Parliament Issue writs for elections Ceremonial duties Review Bills passed by lower house, represent the views of the States as they review Bills
Victoria
Royal Assent to Bills Chair meetings of Executive Council Dismiss and swear-in Premier and Parliament Issue writs for elections Ceremonial duties
Upper House
Review Bills passed by lower house
Lower House
Introduce most Bills into Parliament, debate Bills, determines government

Introduces most Bills into Parliament, debate Bills, determine government
Separation of Powers
Power
Legislative
Held by?
Parliament
Executive Council (G-G and 2 Ministers) In essence held by government
Function
Responsible for making the laws Responsible for administering and enforcing the laws passed by Parliament Responsible for interpreting and applying the laws in cases that come before the courts
Executive
Judicial
Courts (High Court at Federal level)
Must be kept separate to avoid abuse of power allows for checks and balances in our system
Representative & Responsible

Parliament (and its members) must represent the views and values of the majority of society. Societies views are represented through regular elections where we vote for those that we think will best represent us.
Ministers those charged with delivering policy through government departments, are accountable for their actions. Ministers who dont act responsibly can be sacked or stood down (Peter Garrett, Craig Thompson, Peter Slipper, Geoff Shaw are recent examples). If Ministers dont act responsibly we can lose confidence in the government and vote them out at the next election
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Reasons why laws need to be changed

* New crimes Upskirting/ Brodies law * Update penalties Towle case. Penalties for Culpable Driving changed * Remove old crimes from the statutes * New technology internet, cyber stalking * Changes in society driving laws for 18 year olds/search powers for knives * Protection of community drug driving laws * Improved access to the law Koorie Court Division in County Court It is important for students to know why laws need to change and a recent, relevant example can only improve your answer.
TutorOnDemand.com.au Legal Studies notes by Mr. S. Phelan Edrolo Powered by Tutor On Demand, Pty Ltd
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Influences on law-making
Law Reform Bodies VLRC
Groups & Individuals
Pressure Groups Individuals Petitions Use of media Demonstrations
Courts
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The role of the VLRC

Undertakes review of areas of law to determine if changes are needed
Two means of undertaking a review: 1. Instructed by the Attorney-General 2. Initiate review on minor areas of law based on own observations/concern Process of undertaking a review: 1. Instructed by the Attorney-General 2. Seek public input via website and community forums 3. Input can be sought from other sources such as, expert opinions, laws and law reform undertaken interstate or overseas 4. Report and findings presented to Attorney-General 5. Report tabled in Parliament and acted upon/not acted upon at the discretion of the government
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The role of individuals & groups

What role do individuals and groups play in influencing changes in the law and how effective are they?
Method Definition A collection of signatures in support of a change Effectiveness Reasonably tabled in parliament if presented to an MP Gains media attention if held in significant location often outside parliament house Organised, able to get media attention Requires multiple people using same method on 14 same issue
Petition
An assemblage of people Demonstration in a public place supporting some action or legislative change Lobbying
Joining a lobby group and approaching MPs directly Letters to the Editor or using talkback radio Legal Studies notes by Mr. S. Phelan
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Use of media
The passage of a bill through Parliament
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Bills are generally introduced into the Lower House. Why?
Lower House is the Peoples House and the people often have a say in the laws that are made Lower House is responsible for determining government and the government introduces most Bills Majority of Ministers are members of the Lower House and Ministers introduce most Bills
1st Reading Formal notice to introduce Bill Long Title is read Bill is timetabled for debate at a future time
2nd Reading Ministers speech to outline purpose of Bill Copies given to all MPs Bill is debated with a formal debate controlled by Speaker
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Committee Stage (Consideration-in-Detail) This stage may be omitted if house agrees Speaker (President) leaves the house Informal debate Bill is debated clause by clause. Amendments made Committee report is adopted 3rd Reading Long Title read again Further debate last chance for amendments Voted on and moved to second house Second House Same procedure occurs Any amendments made must be approved by other house Voted on and moved to final stages
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Certification Clerk of House certifies Bill given a number
Royal Assent Signed by Queens representative

Proclamation Published in Government Gazzette detailing the date at which law comes into effect
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STRENGTHS AND WEAKNESSES OF PARLIAMENT

Strengths: Parliament can delegate law making authority to specialised subordinate bodies (eg. Local government and semi government authorities) Members of parliament are democratically elected represents the will of the majority, ensures responsible and representative government Parliament is open to ideas for legislation from a wide variety of sources. The stages in the passage of a bill allow thorough debate and review of the law to occur. Forum for debate open to public and media. Investigates entire areas of law and creates original, amending or codifying acts to regulate a whole topic (eg. Anti-terror laws). Can respond efficiently and effectively to change law in response to public opinion and global events (eg. Sept 2005 C/wlth anti-terrorism laws; 2010 Health reforms). Can order government inquiries and Royal Commissions to seek expert advice and involve the public (eg. Teague and Feb 2009 bush fires) Law-making in futuro: rights are clear in advance (eg. July 2008 peer passenger limits for P-plate drivers).
Weaknesses Parliamentary time is often dominated by party politics rather effective and representative law making. When parliament delegates law making authority, laws are being made by authorities that were not democratically elected and these laws may lack scrutiny by parliament. Parliamentary debate and change in the law can be a very slow process. Parliament has relatively few sitting days, creating a limit to the number of bills that can be presented. Obstructionist If both houses are controlled by the government the role of the House of Review becomes virtually meaningless (eg. (Howard 2004 to 2007, Commonwealth Parliament and the changing balance of power in the Senate from 1 July 2008; Brumby since 2006) Rubber Stamp government controls both houses so debate in second house is often limited Controversial issues may not be fully addressed Legislation can be a compromise between competing interests and becomes less effective Difficulties in creating law in futuro Residual powers lead to differences in key areas between states (eg. Road and water law)
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Question 7 A former member of parliament recently commented that the use of the media has been effective in influencing change in the law in recent times, given that parliament itself has weaknesses as a law-maker. a. Using one example, explain how individuals or groups may use the media to influence legislative change. 2 marks
UNIT 3
2011
Area of Study 1
Q7a.
1.5/2
Full marks were awarded to students who used examples and explained how individuals or groups used the media to influence a change in the law. It is not enough to just provide an example. Individuals or groups may use the media to bring an issue out in the public domain and have members of the community discussing the issue and putting pressure on their parliamentarians to make a change in the law. For example, the pressure group GetUp! uses a range of media such as advertisements, websites, twitter and Facebook to raise awareness of issues, encourage community members to sign petitions and communicate with parliamentarians.
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LEGAL STUDIES

Tutor on Demand Unit 3

Simon Phelan Rosehill Secondary College

How well do you know the course?

What do I need to do to be successful?

How many Topics are there in the course? Unit 3: Law-making

UNIT 3 Area of Study 1

Party bringing the dispute to court

Principles of Australias parliamentary system

Bicameral Upper House Lower House Role of the Crown

Structure and role of Parliament

Review Bills passed by lower house

Introduce most Bills into Parliament, debate Bills, determines government

Introduces most Bills into Parliament, debate Bills, determine government

Courts (High Court at Federal level)

Representative & Responsible

Reasons why laws need to be changed

Groups & Individuals

Pressure Groups Individuals Petitions Use of media Demonstrations

The role of the VLRC

The role of individuals & groups

The passage of a bill through Parliament

The passage of a bill through Parliament

The passage of a bill through Parliament

The passage of a bill through Parliament

Royal Assent Signed by Queens representative

STRENGTHS AND WEAKNESSES OF PARLIAMENT

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