The Australian Constitution
Referendum
Representative & Responsible Government
Legislative Process
Landmark Cases
Specialist Courts
100
What are the three levels of government?
Federal, state and local government.
100
How many referendums have been held since 1901 and how many have been successful?
There have been 45 referendums held since 1901 and only 8 have been successful.
100
Explain the difference between a direct democracy and representative democracy/government.
A direct democracy is a system where citizens vote directly on laws and policies which sees the entire population votes on a specific issue.
In contrast, a representative democracy (or representative government) is a system where citizens elect officials to make laws and decisions for them. This is the system used in Australia, where members of Parliament are chosen by the people to represent their interests and govern on their behalf. Representative democracy is more practical for large populations, as direct democracy would be too complex for everyday decision-making.
100
What is the difference between unicameral and bicameral?
The difference between unicameral and bicameral refers to the number of legislative chambers in a parliament. A unicameral system has just one house, like in Queensland's Parliament, while a bicameral system has two houses, such as the House of Representatives and Senate in Australia's Federal Parliament. Bicameral systems offer additional review and checks, while unicameral systems are simpler and faster.
100
What important piece of legislation was established after the decision from Mabo v. Queensland (No. 2) (1992) 175 CLR 1; [1992] HCA 23
Native Title Act 1993 (Cth)
100
How many Murri Courts are located in QLD and provide 3 examples.
There are 15 Murri Courts located within Magistrate Courts in QLD.
Locations: Brisbane, Caboolture, Cairns, Cherbourg, Cleveland, Ipswich, Mackay, Maroochydore, Mount Isa, Richlands, Rockhampton, St George, Toowoomba, Townsville and Wynnum.
200
Explain the legal issue and outcome of Commonwealth of Australia v State of Tasmania [1983] 158 CLR 1; HCA 21 (Tasmanian Dams Case).
Legal issue: The High Court had to decide whether the World Heritage Properties Conservation Act 1983 was a valid Australian law. A central question was whether the power to make the law could be granted by section 51 (xxix) of the Constitution, which gives the Australian Parliament the power to make laws ‘with respect to … external affairs.’ According to precedent—past—cases, the scope of the ‘external affairs’ power was unclear. Did the Australian Parliament have the power to make laws to fulfil its obligations under international treaties such as the World Heritage Convention?
Outcome: The 7 justices of the High Court split 4 to 3 to decide that the Australian Parliament did have the constitutional power to make the World Heritage Properties Conservation Act 1983. The law was valid and the Tasmanian Government needed to stop construction of the Franklin Dam.
200
What is a referendum and what section of the Australian Constitution relates to it?
A referendum is a vote by the Australian people on a proposed change to the Australian Constitution.
Section 128 of the Constitution explains the process of holding a referendum and the way a referendum is passed.
200
How is the QLD parliament different to all other parliaments in Australia.
Queensland is the only Australian state with a unicameral parliament, meaning it has just one house (the Legislative Assembly). All other states have two houses. Queensland abolished its Upper House in 1922, allowing laws to pass more quickly but without the extra review process of a second chamber.
200
What is a proposed/draft piece of legislation called?
A Bill
200
What was the legal issue, the House of Lords was tasked with determining in Donoghue v Stevenson [1932] AC 562?
Could a manufacturer owe a duty of care to an ultimate consumer in the absence of a contractual relationship?
200
What are two matters that are heard by the Childrens Court (Magistrate Court)?
Youth Justice: Proceedings involve juveniles who commit, or are alleged to have committed, offences.
Child protection: Relate to applications by the Department of Child Safety or the Director of Child Protection Litigation regarding protecting children from harm.
Adoption: provide for a child’s long-term care, wellbeing and development by creating a permanent parent–child relationship between the child and adoptive parents.
300
Describe the doctrine of the Separation of Powers.
Separation of powers doctrine is a principle that divides the power of the institutions of government into three separate branches, the legislative, executive and judicial. Each branch has its own role and responsibilities, and they keep a check on the actions of others.
The first 3 chapters of the Australian Constitution define the Parliament, the Executive and the Judiciary in Australia and the roles they play in making, interpreting and enforcing laws in Australia.
300
What is a double majority?
A double majority is the requirement for a referendum to be successful in changing the Australian Constitution. Under Section 128, a proposed change must be approved by:
- A majority of voters nationwide (more than 50% of all Australian voters).
- A majority of states (at least four out of six states must vote "Yes").
Both conditions must be met for the referendum to pass. This system ensures broad support across the country and prevents larger states from dominating constitutional changes.
300
What is meant by the term responsible government?
The principle that the government should be responsible to the parliament, to ensure that the government does not abuse its power; the government must retain the support of the majority of members of the House of Representatives to stay in power.
300
What is Royal Assent and what is its significance?
Royal Assent is the formal approval given by the Governor-General on behalf of the Monarch for a bill passed by Parliament. It is the final step in making a bill law, symbolising the constitutional role of the Crown in Australia. Though always granted, it signifies the completion of the democratic process.
300
Explain the process of creating common law through judicial precedent and provide an example of a case.
Common law is created through judicial precedent, where courts follow the doctrine of precedent to ensure consistency and fairness where courts deal with cases with similar circumstantial facts. Higher court decisions bind lower courts, with the ratio decidendi (legal reasoning) forming binding precedent, while obiter dicta (judicial commentary) can be persuasive. Where a court finds a 'legal gap' in the law not covered by existing statutes or precedents they are to make a decision on a legal issue and make provide reasoning which establishes a new judicial precedent. Judges will draw on prior cases to persuade and inform their decision. The new precedent set will then be later applied in subsequent cases. An example is Donoghue v Stevenson (1932), which established the Neighbour Principle when determining duty of care in negligence law. This legal precedent was later applied in Australia in Grant v Australian Knitting Mills (1936). This process allows the law to evolve through judicial interpretation.
300
What are the three goals of the Murri Court?
Reduce the frequency and seriousness of any subsequent contact that Murri Court defendants might have with the criminal justice system
Encourage defendants to take responsibility for their offending, and increase their awareness of the consequences of their actions for victims and the community
Encourage magistrates to consider at sentence how a defendant’s cultural and personal circumstances contribute to their offending
Encourage defendants’ attendance and engagement with support services while on bail
Facilitate improvements in defendants’ self-reported physical and psychological health, and quality of life
Improve Aboriginal and Torres Strait Islander defendants’ engagement with, and understanding of, the court process
Improve Aboriginal and Torres Strait Islander Elders’ and Respected Persons’ confidence in, and knowledge of, the court process.
400
Explain the difference between the Separation of Powers and Division of Powers.
The Separation of Powers divides government authority into three branches: legislative (makes laws), executive (enforces laws), and judiciary (interprets laws), preventing any one branch from holding absolute power. In contrast, the Division of Powers allocates law-making responsibilities between the Commonwealth and state governments. It includes exclusive powers (Commonwealth only), concurrent powers (shared but Commonwealth law prevails), and residual powers (state-controlled). While the Separation of Powers prevents power concentration within government, the Division of Powers ensures a balance between national and state law-making authority.
400
Draw a diagram of the referendum process.
400
In what ways, are governments and ministers held accountable?
Question Time, the media and by members of the public.
Open system of government – anyone can visit Parliament and sit in the public gallery to watch laws being made
Public can have a say on a Bill by – making a submission, attending a government inquiry, at the committee stages.
Media can report and openly criticise the government, a law or policy or the actions of a Minister.
400
Draw a diagram of the legislative process.
400
What legal change did the decision from Mabo v. Queensland (No. 2) (1992) 175 CLR 1; [1992] HCA 23 cause in Australia?
Established that the doctrine of terra nullius did not apply and that traditional owners did have native title to their traditional lands.
Importantly, the Native Title Act 1993 (Cth) was passed by federal parliament one year after the Mabo Case decision and it was not until this point that Native Title was formally recognised, protected and regulated.
Australian Government took steps to resolve further issues including establishing process for Native Title Claims, system of compensation.
400
What is the purpose of the Murri Court?
Improve the appropriateness of the criminal justice system for Aboriginal and Torres Strait Islanders by being inclusive and responsive to culture.
Reduce Aboriginal and Torres Strait Islander overrepresentation in the criminal justice system and slow down the pattern of reoffending.
Consider cultural background and community perspectives when sentencing, often encouraging participation in rehabilitation programs, cultural support services, and community-based sentencing options instead of incarceration.
Enables collaboration between the legal system and Indigenous communities, ensuring that justice processes are more inclusive and effective for Indigenous offenders.
Increase Aboriginal and Torres Strait Islander communities’ confidence in the criminal justice system
500
Describe the three legislative powers and give examples.
In Australia, legislative powers are divided between the Commonwealth and state governments under the Constitution and are classified as residual, exclusive, and concurrent powers.
Exclusive Powers are set out in Section 51 & 52 of the Australian constitution and belong solely to the Commonwealth and include matters like defence, currency, and immigration.
Concurrent powers are shared between the Commonwealth and states, such as education and health, but under Section 109 of the Constitution, Commonwealth law prevails in cases of conflict.
Residual powers are not mentioned in the Constitution and remain with the states, covering areas such as criminal law, housing, and public transport.
500
What are potential legal issues associated with needing a Double Majority when changing the constitution?
- Lack of voting power for territories: votes from the ACT, NT and other territories are counted in the national majority only.
- Double majority makes the Australian Constitution difficult to change which makes the referendum system conservative.
- Based on state populations, a person in a smaller populated states can have a vote worth more.
- Can give the impression that the referendum cannot be changed and a referendum will always fail.
500
Explain the difference between the purpose of the lower and upper house.
The lower house (House of Representatives) and the upper house (Senate) serve different but complementary roles in Australia's federal government.
The lower house represents the views of the Australian population, as members are elected based on population size from electorates across the country. It is the primary legislative body, responsible for creating and debating laws, and scrutinizing the government through question time and committees.
The upper house, or Senate, acts as a House of Review, ensuring that laws passed by the lower house are carefully examined and do not unfairly impact different groups in society. It also provides equal representation for each state, preventing larger states from dominating decision-making. Additionally, the Senate plays a crucial role in holding the government accountable, ensuring that Ministers and their departments operate transparently and responsibly.
In summary, the lower house focuses on representing the people and making laws, while the upper house reviews legislation, balances power, and protects state interests to ensure fair governance.
500
Describe the Legislative Process in Australia's parliament.
In Australia’s Federal Parliament, the legislative process involves several stages before a bill becomes law. It begins in the House of Representatives with the first reading, where the bill is introduced and its title read out. In the second reading, members debate its purpose and vote. The bill then moves to the consideration in detail/committee stage, where amendments may be made. After the third reading, the final version is voted on. If this vote is successful, the bill is sent to the other house (Senate) for the same process. If both houses agree, the bill is sent for royal assent, where the Governor-General formally approves it, making it an Act of Parliament
500
How did Lord Atkin articulate the Neighbour Principle?
"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."
Lord Atkin's Definition of "Neighbour": A neighbour is someone who is "so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected."
500
What is the role and jurisdiction of the Childrens Court of Queensland (District Court), and how does it differ from the Magistrates Court when dealing with young offenders?
The Childrens Court of Queensland (District Court) is a specialist court that deals with mostly criminal matters involving young offenders aged 10 to 17 years. It can also deal with matters related to appeals against child protection orders and parentage orders. It operates at a higher level than the Children’s Court (Magistrates Division) and has the power to hear more serious indictable offences, such as armed robbery and grievous bodily harm.