Governance in Australia
What is the primary role of the Queensland Civil and Administrative Tribunal (QCAT)?
QCAT serves to resolve disputes in areas such as minor civil disputes, tenancy issues, and disciplinary actions. It provides a more accessible and efficient alternative to higher courts.
What is the first step in amending the Australian Constitution?
The first step to amend the Constitution is that a proposed change must pass both houses of Federal Parliament with an absolute majority.
What was the significance of the Dietrich v. The Queen (1992) case?
Dietrich v. The Queen established the right to a fair trial and implied that defendants should have legal representation in serious criminal cases, influencing access to justice.
What does it mean for a law-making body to be "bicameral"?
A bicameral system has two chambers, typically a lower and an upper house, which provide checks and balances on each other.
What was the Fitzgerald Inquiry?
The Fitzgerald Inquiry was an investigation into police corruption and misconduct in Queensland from 1987 to 1989.
Describe the function of QCAT in relation to the Magistrates Court.
QCAT is an independent tribunal that allows for simpler dispute resolution. Magistrates Court can review and enforce decisions. Part of the judicial review process in Queensland.
Construct a diagram to explain the process of amending the Australian Constitution.
A diagram should include the steps: 1) Passage in Parliament, 2) Referendum process, 3) Majority of voters in a majority of states and nationwide approval, 4) Royal Assent.
Explain how Dietrich v. The Queen (1992) influenced legal change in Australia.
The Dietrich decision highlighted the importance of legal representation for fairness, leading to reforms ensuring better access to legal aid.
What are the strengths and weaknesses of a unicameral system compared to a bicameral system?
A unicameral system allows for faster legislation but lacks the checks of a bicameral system, which can prevent hasty decisions and provide broader representation.
Describe one key finding from the Fitzgerald Inquiry.
A key finding revealed extensive corruption within the Queensland Police Service and links to organized crime.
What is the unicameral parliament, and why is it significant in Queensland?
Queensland’s unicameral parliament, with only one legislative chamber, simplifies the law-making process but limits the checks and balances a second chamber would provide.
Why is a referendum required to amend the Australian Constitution?
A referendum ensures that any changes to the Constitution reflect the will of the Australian people, respecting democratic principles.
Name one other landmark case that affected Australian governance and describe its impact.
Mabo v. Queensland (No. 2) recognized native title rights, reshaping land rights laws and acknowledging Indigenous Australians' traditional land connections.
Identify one strength and one weakness of the Federal Parliament as a law-making body.
Strength: Reflects the will of the people through the House of Representatives. Weakness: The Senate can become a partisan battleground, slowing progress.
How did the Fitzgerald Inquiry impact governance and police reform in Queensland?
The inquiry led to significant reforms, including the establishment of the Criminal Justice Commission (now CCC) and improved accountability measures within Queensland’s government and police force.
How does Federal Parliament function as a law-making body? Discuss one strength and one weakness.
Federal Parliament can quickly address national issues (strength) but may be hindered by party politics, which can slow down the legislative process or lead to compromises that weaken laws (weakness).
Name two significant constitutional amendments and their impact on governance in Australia.
Examples include the 1967 referendum on Indigenous rights, which expanded federal powers to legislate for Indigenous Australians, and the 1999 referendum, which was a failed attempt to make Australia a republic.
How does case law contribute to legal change in the context of Australian governance?
Case law serves as precedent, allowing for the adaptation of laws to new social contexts and reinforcing legal principles in governance.
Describe how the Federal Parliament's structure supports checks and balances in governance.
The House represents the people, and the Senate represents states, balancing national and state interests and preventing unilateral legislative changes.
Explain how public inquiries like the Fitzgerald Inquiry promote transparency in governance.
Public inquiries expose misconduct and promote transparency, holding officials accountable and providing recommendations for systemic change.
Explain how "crossing the floor" by an elected representative can impact democracy in Australia.
“Crossing the floor” allows representatives to vote against their party's position, encouraging democratic diversity but potentially destabilising party unity and predictability in law-making.
Describe the role of High Court interpretations in evolving the Australian Constitution.
The High Court interprets the Constitution and, through landmark decisions, can effectively "update" constitutional understanding without formal amendments, like expanding federal powers in cases of commerce and defense.
Describe the role of the High Court in interpreting legal precedents.
The High Court clarifies and interprets case law, setting precedents that guide lower courts and affect the application of law nationwide.
How does the presence of independent members influence the legislative process in Australian parliaments?
Independent members can provide fresh perspectives and may advocate for marginalised viewpoints, creating a more representative and less partisan legislative process.
Name another significant inquiry in Australia and its impact on governance.
The Royal Commission into Institutional Responses to Child Sexual Abuse highlighted widespread abuse and led to legal reforms for better protection of vulnerable individuals.