Legal Unit 3 Notes Essay

Submitted By rheaa07
Words: 5832
Pages: 24
Open Document
Legal UNIT 3 NOTES
AOS 1
5 PRINCIPLES OF THE AUSTRALIAN PARLIAMENTARY SYSTEM
1. REPRESENTATIVE GOVERNMENT:
Elected members of govt. must represent the views of the people that voted them in (in their electorate or region) and act on their behalf
HOW
Rep govt. is achieved through elections, government voted in represents the views of the majority of people who voted
Members of govt. come from the party with the majority members elected (via the exhaustive preferential system) into the lower house. EG. DECRIMINLALISATION OF ABORTION 2008 REPRESENTS VIEWS
FOR CWTH ONLY Bicameral structure of parliament provides for rep govt.
UPPER HOUSE = EQUAL REP OF EACH STATE REGION
LOWER HOUSE = REPRESENTATION OF MAJORITY OF POPULATION
Members not performing duties in alignment with people’s views and values, removed from office at the next election
2. RESPONSIBLE GOVERNMENT:
Ministers appointed from to form cabinet, responsible for individual portfolios (eg. Health minister), accountable also
Public scrutiny must be allowed, sittings open to public, recorded in ‘Hansard’, media scrutiny ---- forces a responsive govt.
Govt is answerable to the parliament and therefore the people
Must answer all questions during question time, annual reports are tabled in parliament, parliamentary committees are formed
Can be forced to resign if unable to justify actions in accordance w community
3. SEPERATION OF POWERS L E J
1. Legislative power is separated and not centralised to reduce the risk of power being abused by one body
LEGISLATIVE POWER – The power to create laws is given to the parliament (at state level to state parl.).
EXECITIVE POWER – The power to create policies and deal with the administration of laws in theory falls with the Governor General, however in practice, GG elects specific ministers who then become responsible for the executive power. (overlap in power, weakness??)
JUDICIAL – The power of interpreting and applying the law falls with the courts.
4. AND 5. STRUCTURE AND ROLE OF VIC AND CWTH PARLIAMENT
CROWN – Governor General
Constitutional monarch
To sign off bills seeking royal assent once they have passed both houses of parliament

CROWN – Governor
Constitutional monarch
To sign off bills seeking royal assent once they have passed both houses of parliament
Dissolve parliament
UPPER HOUSE – Legislative Council
40 members, 8 regions, 4 year terms
Can introduce bills (uncommon)
House of review, scrutinise govt.
Minor parties often hold balance of power, govt doesn’t have majority in upper house
CANNOT BLOCK SUPPLY (appropriation bills)
UPPER HOUSE
76 members, 12 members per state 2 per territory, 6 year terms (proportional voting system)
Can introduce bills (uncommon)
House of review, scrutinise govt.
Minor parties often hold balance of power, govt doesn’t have majority in upper house
STATES HOUSE (equal rep of states)
CAN BLOCK SUPPLY (appropriation bills)
LOWER HOUSE – Legislative Assembly
88 members, maj forms govt, 4 year terms
Make laws (introduce most bills)
Appropriation bills must be introduced in lower house
Determine government.
LOWER HOUSE – House of Representatives
150 members (one per electorate), maj members for govt, 3 year terms
Make laws (introduce most bills)
Appropriation bills must be introduced in lower house
Determine government.
REASONS WHY THE LAW MAY NEED TO CHANGE
1. CHANGES IN TECHNOLOGY:
To avoid the law struggling behind and becoming irrelevant, eg Upskirting Act 2007 (Vic) which addressed the privacy in the use of mobile phones
2. CHANGES IN VIEWS AND VALUES:
Public defy or protest, eg Decriminalisation of Abortion 2008
3. TO IMPROVE LEGAL SYSTEM:
To improve excessive costs & delays, Koori Court in the Melbourne County Court 2013 culturally sensitive way of dealing with indigenous offenders cutting time taken, more accessible.
4. CHANGES IN INTERNATIONAL RELATIONS:
Protect individuals from new forms of harm, eg Anti-Terrorism
Show More

Related Documents: Legal Unit 3 Notes Essay

Outline: Law and Lecture Essay

PERTH INSTITUTE OF BUSINESS & TECHNOLOGY LAW1100D – LEGAL FRAMEWORK UNIT OUTLINE – TRIMESTER 2, 2013 DESCRIPTION: Welcome to Legal Framework. This unit serves as an introduction to important themes relevant to the legal framework of business – that is, the structure of laws within which business decisions are made. Included in the unit are discussions on historical legal issues, the institutions in the Australian legal system, the jurisdiction of the major courts and tribunals in…

Words 2818 - Pages 12

Dept Of Accounting And Corporate Governance

ACCG924 Taxation Law S2 Day 2014 Dept of Accounting & Corporate Governance Contents General Information 2 Learning Outcomes 3 Assessment Tasks 3 Delivery and Resources 6 Unit Schedule 8 Policies and Procedures 11 Graduate Capabilities 14 Changes from Previous Offering 15 Research and Practice 15 Disclaimer Macquarie University has taken all reasonable measures to ensure the information in this publication is accurate and up-to-date.…

Words 3595 - Pages 15

Describe The Limitations And Constraints Of Marketing

| |Upon completion of this assignment you will be able to describe the limitations and constraints of marketing. | |Legal constraints – | |Sale of Goods Act 1979,…

Words 386 - Pages 2

Assignment Brief Essay

Submission Date: w/c 07/04/14 Submission Format Electronic / Written / Practical / Presentation Late Submission Resubmission Date: Unit No: 56 and 59 Assignment No: 1 of 1 Unit Title: Digital Communication and Web Authoring Outcome(s):- Unit 56: outcome 3 - be able to produce a website Unit 59: outcome 2 - be able to devise a structured website Unit 59: outcome 3 - be able to use web authoring tools to produce, publish and test a media-rich website to a specification Assessment Grade and Criteria…

Words 1566 - Pages 7

Human Resource Management and Hr Essay

What will I study? CIPD (Chartered Institute of Personnel and Development) Foundation Level Certificate in Human Resources Practice level 3. Please note this course is currently on a waiting list. FOR WHOM IS THE COURSE INTENDED: This course is aimed at students from a variety of business backgrounds and is suitable for persons who: Are aspiring to, or embarking on a career in HR Are working in the field of HR in a support role and wish to develop their knowledge and skills Have responsibility…

Words 995 - Pages 4

Homework 1-1 Essays

(page 3 of the CAFR). Although the term “primary government” is not used in this section, Susan Combs, comptroller, refers the reader to Note 1 (page 55), where the term primary government is contrasted with outside organizations. In the letter of transmittal (page 4), Combs states that the reporting entity includes any “other organizations” that, when excluded, would skew an interpretation of the financial statements. To define the primary government, Texas considers the component units, and applies…

Words 964 - Pages 4

Essay business law asessment guide

Assessment Outline The prescribed assessment in this Unit of Study comprises: 1) An online multiple choice test to be completed during Week 4 of semester- 10% of final mark 2) Demonstrable preparation of answers to weekly tutorial exercises and active participation in class discussion - 10% of final mark 3) A research essay (case study) of 2,000 words (+/-10%) for submission in Week 9 – 30% of final mark 4) An “open book” 2 .5 hour final examination (+15 minutes reading time)…

Words 5205 - Pages 21

Essay on Exam Study

Repairs and Maintenance). * Disposal of PP&E. * Measuring PP&E efficiency Chapter 11 – Depreciation and Depletion * Calculating and recording depreciation expense under straight-line, sum-of-years’-digits, declining balance, and units-of-production methods. * Calculating and recording partial year depreciation expense under the all of the above methods. * Calculating and recording depreciation expense using group and composite depreciation methods * Impairment of…

Words 3068 - Pages 13

Differences Between 11i And R12 Essay

MULTI ORG STRUCTURE IN 11i: -------------------------------------- Multi Organization is a feature of oracle applications which Provides Implementation, Maintenance and operations of Multiple Business Units in an Enterprise within a single installation of Oracle Applications, taking Appropriate care of Data security and data separation. Below mentioned are certain salient features of Multi Organization functionality. Enterprice…

Words 1564 - Pages 7

Essay on Marketing Research

Assignment IV BTEC LEVEL 3 CERTIFICATE IN BUSINESS By: Student Name: Tutor(s):BD Date: Date issued: 16.09.13 Date due in: 09.12.13 Unit Title: Unit 3: Introduction to Marketing Assignment Title: Marketing Criteria Covered by Assignment: P1, P2, P3, P4, P5, P6, M1, M2, M3, D1, D2 Brief Following your successful completion of your BTEC course you have been employed as a marketing assistant for the research organisation ‘Keynote’. They currently have a vacancy in their ‘Food and Leisure’ department…

Words 998 - Pages 4