Criminal Law
a serious offence tried in the County or Supreme court
What is an indictable offence?
Factors to consider before initiating a civil claim
what are the factors to consider; costs, limitations of action, enforcement issues
The three principles of justice
Fairness, equality and access
The express rights in the Australian constitution, including the correct section
Five express rights
S80 trial by jury for commonwealth offences
S92 free interstate trade
S51 (xxxi) acquisition of property on just terms
S 116 freedom from/of religion
S117 no discrimination on the basis of state of residence
Reasons for law reform include
changes in beliefs, values and attitudes
changes in living conditions
advances in technology
improved protection of the community
The standard of proof required for a conviction in a criminal trial
Beyond reasonable doubt
A range of dispute resolution methods
mediation
conciliation
arbitration
This principle covers same treatment and different treatment
Equality
A case study about the principle of representative government
The Roach Case 2007
Judges can influence law reform in two ways
Judicial activism
Judicial conservatism
The Act that contains the details of indictable offences
What is the Crimes Act 1958
Limitation of action
evidence is not lost
disputes are resolved in a reasonable time frame
defendants do not have to face an action after a significant time lapse
the Limitation of Action Act 1958
This principle of includes impartial processes, open processes and participation
Fairness
The reasons for constitutional reform
recognise First Nations people
increase protection of rights
change the Commonwealth's law making powers
to reform Australia's political system
The formal law reform body created by an Act of parliament
The Victorian Law Reform Commission created by the VLRC Act 2001
The rights of the accused person in Victoria
the right to be tried without unreasonable delay
the right to silence
the right to trial by jury
Identify the bodies and purposes and appropriateness of institutions to resolve civil disputes
Consumer Affairs Victoria: a cost free dispute resolution using conciliation
VCAT: a low cost, accessible, efficient and independent tribunal, using mediation and conciliation and final hearings
Examples of measures to avoid disadvantage in the criminal justice system
use of interpreters
providing information in multiple ways
changes to some court procedures
different oath or affirmation
The process to to change the constitution by referendum
The Parliament; a bill is introduced and must pass two houses by a majority
Information: sent to all voters
Voting: Yes or No to referendum questions
Double Majority: a majority of voters in a majority of states and a majority across Australia
Royal Assent is given to the bill
Two possible future constitutional reforms
Establishing a First Nations Voice to parliament
Australia becoming a republic
There are 6 types of alternative arrangements for a witness
give evidence from another place by CCT link
use a screen to block the direct line of vision between a witness and accused
a support person to stand beside the witness when giving evidence
legal practitioners do not wear robes and sit when asking questions of the witness
the court is cleared of non-essential people
There are three main stages of civil pre-trial procedures
civil pre-trial procedures include, pleadings, (statement of claim, defence) discovery of documents. exchange of evidence, mediation
the ability to engage with the justice system in an informed way
Access
The key means by which the Australian Constitution acts as a check on parliament in law-making, by providing checks and balances on the exercise of power. explain
Separation of Powers
Legislative: the power to make laws, held by the parliament
Executive: the power to administer laws and manage the business of government, held by the Gov-Gen (in practice carried out by senior ministers)
Judicial: the power given to courts to enforce the law, settle disputes.
Established to investigate an area of public importance and an example
A Royal Commission established by letter patent. The Victorian Royal Commission Yoorrook Justice Commission into historic and ongoing systemic injustices against First Persons in Victoria