Practice SAC questions review

1.) Outline the structure of the Commonwealth and State parliaments The structure of the Commonwealth parliament consists of a bicameral system with an upper and a lower house, and the Crown (Queen’s representative). The upper house, known as the Senate, sits 76 senators (12 for each state, 2 for each territory) who are elected every six years, with half being elected every 3 years. The lower house, the House of Representatives, sits 150 members who are elected every 3 years. 1.) Outline the structure of the Commonwealth and State parliaments

The Crown at the federal level is known as the Governor General The Crown at the federal level is known as the Governor General. Our current governor general is Sir Peter Cosgrove. There are similarities with the structure of the Victorian parliament. It is also a bicameral system, with the upper house and the lower house. The upper house, the Legislative Council, seats 40 members who are elected every 4 years, whereas the lower house, the Legislative Assembly, seats 88 members who are also elected also every 4 years. The Crown in this case is the Governor.

One reason why the law may need to change is due to the ever changing values and morals within our society. As our political, economical and social values develop and change over time, the law must adapt to keep up with these changes, and continue to reflect society’s wants. An example of this is the changing attitude toward de-facto and same sex marriages. As these relationships are widely accepted within society, the Relationships Act 2008 (VIC) was passed to allow for a register acknowledging these unions regardless of gender, therefore reflecting the changing value within society. Using a current example for each, explain two reasons why the law may need to change

Another reason why the law may need to change is due to technological advancements. Changes in technology necessitate constant changes in the law as new areas of law or offences develop. For example the evolution of the internet has meant that safety for children has become an issue in regards to child pornography. The introduction of the Enhancing Online Safety for Children Bill 2014 (VIC) has maintained safety on the internet and has further criminalized child pornography and gives sanctions for those who are involved in this crime. Therefore these are two reasons why the law should change.

Explain the role of the crown in the law-making process The main role of the crown in law making is to give royal assent. This is when the bill has passed through both houses, or the Upper House, and the crown (Governor or Governor General) gives approval on behalf of the Monarch to make the bill an enforceable Act of parliament, and the act is then proclaimed. Another role of the crown in law-making is that they are sometimes given the power to make delegated legislation. Through enabling acts, parliament gives the crown the ability to make legislation within a specialized area. In this way, they can sometimes perform a legislative function in relation to the law-making process. Explain the role of the crown in the law-making process

Explain responsible and representative government4 marks Representative government means that government is made up of elected members of parliament, whoa re therefore the representatives of the people, and must represent their views when making laws. This is achieved through regular elections to allow the public to vote into office the people to represent them in parliament. If the elected representatives are not reflecting the values of the voters, they they may not be voted into government in the next election. Responsible government refers to the concept that the ministers and their leader are answerable to parliament, and therefore the people, for their actions. The government is chosen by having the support of the Lower House of parliament, if the government loses the confidence of the parliament and the people, they should resign. Government can be made accountable through devices such as question time, public debates and at election time. Explain responsible and representative government4 marks

As this question was worth four marks, it is not simply enough to define responsible and representative government, but to explain each concept. How is government accountable? How are they representative?

The Victorian Law Reform Commission Act 2000 (VIC) states that the Commission’s role is to make law-reform recommendations on matters referred to it by the Attorney General, Make recommendations on minor legal issues of general community concern, suggest to the Attorney General that he or she refer a law-reform matter to the commission, educate the community on areas of law relevant to the Commission’s work and monitor and coordinate law-reform activity in Victoria. The process consists of a reference being received from the Attorney General and then the commission’s staff undertakes initial research and consultation. A consultation paper is then published which explains the key issues. Submissions are invited from interest groups or individuals and consultation is undertaken with members of the community. Following this, a final report is published. With the use of a recent example, explain the role played and process followed by the Victorian Law Reform Commission.

The Attorney General then tables the report in Victorian Parliament and then Parliament will decide whether to implement the recommendations (in whole or in part) through legislation. For example, in 2007 the government provided terms of reference to the commission for legislative advice on the decriminalization of terminations of pregnancy. The commission published the paper in September 2007 and held more than 30 meetings with people involved in abortion law and had a panel of medical experts as well as faith groups involved in the commission. As a result, in August 2008, the Abortion Law Reform Act 2008 was implemented with decriminalized abortion. Under this Act, women can access an abortion up to a gestational period of 24 weeks Student response

The public, that is, individuals and groups, voice their concerns to parliament and influence changes in law through the use of a number of methods such as petitions and demonstrations. Petitions are written statements calling on parliament to change a law and listing signatures of those who support the petition. On the other hand, demonstrations such as rallies, strikes, marches or boycotts are gatherings of members of the community, held in a public place, designed to show their support for a change in the law. One significant strength of presenting a petition is that it provides the ability for all citizens to have their views tabled in parliament. This makes petitions to be the most direct way of bringing an issue to the attention of elected representatives. On the contrary, this also means that although the people’s views are tabled in the legislature, the degree to which petitions influence parliament is uncertain as they may ignore the petition and refuse to instigate law reforms. Therefore, the reality that petitions are open to being dismissed and ignored by parliament ultimately outweighs its nature to represent the views of the public.   Evaluate two ways in which an individual or group can bring about a change in the law

An alternative to petitions are demonstrations An alternative to petitions are demonstrations. Demonstrations is relatively reliant on a large number of supporters in order to be effective. However, demonstrations are likely to gain attention, and thereby raise widespread awareness of the cause. In addition to this strength, it could also serve as an educative function for the rest of the community for it makes them aware of the issue. Hence, if the cause was communicated to the public, even if it only garnered a least amount of support, then it doesn't have to be effective in a sense as it educates the community allowing them to set an example to the rest of society.   In conclusion, demonstrations prove to be a better method than petitions as its strengths prevails over its weaknesses. Student response

French philosopher Montesquieu proposed that the separation of powers was essential to protect the stability of the government and the freedom of the people. Explain the doctrine of the separation of powers and assess the extent to which it operates in the Australian legal and parliamentary system.

French Philosopher Montesquieu was essentially behind the principle of the separation of powers. This principle divides the powers necessary for the operation of an effective legal system into three arms. The legislative arm, responsible for creating and changing the law exercised by parliament, the executive arm, responsible for implementing and administering the law and exercised by the governor general, government departments/ministers and public servants, and the judicial arm, responsible for enforcing the law and exercised by the Courts. It is essential that these three arms are exercised by different bodies to prevent a misuse and abuse of power, and so that each arm can act as a check on the others.  

The Separation of powers operates to some extent within our legal system. There is a definite separation between the judicial function and the executive and legislative functions, as the courts must always remain independent and impartial to the parliament. However, the separation of powers experiences significant overlap in regards to the executive and legislative functions. The governor general exercises the executive function, however, as a Constitutional monarchy, the crown works on advice of the Prime-minister, who performs the legislative function. Therefore, the prime minister essentially performs both the executive and legislative functions. Similarly, as ministers are part of the executive, and therefore perform the executive function, there is overlap in regards to this also, as ministers are also members of parliament. Furthermore, parliament often delegates the ability to make legislation to the executive, meaning that the executive function also performs the legislative function, creating further overlap.   Therefore, the separation of powers operates to a certain extent within our legal system, however, there is some overlap.

Outline the process of a bill through parliament A bill is a proposed law or a change in an existing law to be dated by parliament. The lawmaking process of a bill begins with the notice of intention and first reading, which is when the minister or private member gives notice of intension to introduce the bill. First reading occurs then in which the title of the bill is read out and copies of the bill are circulated to members summarizing the Bill’s content and purpose and no discussion of the bill takes place at this time. •       Then the second reading occurs which is the first occasion when the bill is debated and a relevant member introducing the bill makes a speech outlining the purpose, function and broad objectives on the bill.  This stage is also where the statement of compatibility is noted. This is where it is stated whether the bill is compatible with the Victorian Charter of Human rights. •      Outline the process of a bill through parliament

This is usually the most substantial debate on the general principles of the bill that takes place. •       Then the Consideration in detail occurs when the Speaker of the Upper House or the President of the Lower House vacates, and is replaced by the Chairman of the Committees and the bill is debated clause by clause  Then the third reading occurs which is when the minister moves that the Bill (as amended) be read a third time. There is usually no debate at this stage and a vote at completion of the third reading signals that the bill has completed its passage of the lower house. •       Now the bill follows the same stages in the upper house as it has in the lower., however, in this stage, the “Consideration in Detail stage” is referred to as “committee of the whole”. Student response

Once the bill has passed certification in the same form by both houses it moves on to the next stage. •       Having passed both houses successfully, the final stage allows the Bill to become a law where the Governor-General provides the royal assent and proclamation. This is when the bill becomes an act. Once it becomes a law, the Government Gazette proclaims the Act.