Terms & Concepts
A collective term for certain extremely serious violations of international law: genocide, war crimes, crimes against humanity, torture and enforced disappearances.
Crimes against the international community
The main statement of human rights
Universal Declaration of Human Rights
The key statute law governing Police Powers in NSW.
Law Enforcement (powers & responsibilities) Act 2002 – LEPRA
What is the main law governing family matters in Australia?
Family Law Act 1975 (Cth)
The environmental issue that the Montreal Protocol deals with
Ozone Layer Protection
The principle that nations may govern themselves without external interference.
State Sovereignty
One example of a collective right.
Environmental and peace rights, or the right to self-determination
What is the name for a minor criminal offence?
Summary offence
Name one ground for divorce under Australian law.
Irretrievable breakdown of marriage
What is the main goal of the Paris Agreement?
To keep global warming to below 2°C.
Principles which ensure that the operation of courts are fair and just. ie: The right to know the case against you, to present your case, and the right to a decision which is free from bias and is based on relevant evidence.
Procedural Fairness
Which body investigates human rights complaints in Australia?
Australian Human Rights Commission (AHRC)
Three complete defences.
Mental Illness, Self Defence, Necessity, Duress, Consent, or Automatism
What factors does the court consider when deciding parenting arrangements?
Best interests of the child
Name one key requirement before a major development can proceed in Australia. (Most of our environmental laws are about this)
Environmental Impact Assessment
The two Latin terms referring to the guilty act and the intent involved in a crime.
Actus Reus (act) and Mens Rea (intent)
One argument FOR and one argument AGAINST a charter of rights.
FOR - A Charter of Rights would strengthen the legal framework for the protection of human rights in Australia, and protect the most vulnerable citizens in society. It is easier to access these rights from one source - E.g. a Charter of Rights.
AGAINST - We have a vibrant democracy in Australia and we do not need a Charter of Rights, listing our rights in this way may actually limit them. A Charter of Rights would represent the current values of our society when it is written, these values can become outdated.
Name one aim of sentencing in criminal law.
Specific deterrence, general deterrence, retribution, rehabilitation
The definition of marriage in Australia since 2017.
What is "the union of two people to the exclusion of all others, voluntarily entered into for life"
Which law regulates water pollution and waste management in NSW?
Protection of the Environment Operations Act 1997 (NSW)
The difference between the Division of Powers and the Separation of Powers.
The Division of Powers refers to how power is divided under the Australian Constitution among state and federal governments - exclusive, concurrent, and residual powers.
The separation of Powers refers to separating the government executive, legislature and judiciary to prevent abuses of power.
Identify two ways that the Australian constitution supports human rights protections.
The separation of powers doctrine
The division of powers between the commonwealth and the states
Express and implied rights
The nature of the constitution as a document that is difficult to amend/ change
What is the role of a magistrate in a criminal case?
To hear summary offences and preliminary matters
How long must a couple be separated before they can apply for divorce? (You must include information about the separation period for the full points)
12 months- however they can have a 'kiss and make up' period of up to 3 months (longer than this and the 12 months starts again)
Describe how the Paris Agreement balances soft and hard law
Soft law: countries can make their own targets
Hard law: countries are held to account for not meeting their own targets