Politics and Law Stage 3 Ratified Marking Key 2013

POLITICS AND LAW
Stage 3
WACE Examination 2013
Marking Key
Marking keys are an explicit statement about what the examiner expects of candidates
when they respond to a question. They are essential to fair assessment because their
proper construction underpins reliability and validity.
Copyright School Curriculum and Standards Authority 2013
POLITICS AND LAW

STAGE 3
Section One: Short response
MARKING KEY
30% (30 Marks)
Question 1
(a)
What is meant by a referral of powers under the Commonwealth Constitution (Australia)?

(2 marks)
Description
Identifies two aspects which include:
The relevant section of the Commonwealth Constitution-51(xxxvii) or
example.
That the referral of powers under the Commonwealth Constitution
enables State Parliament(s) to refer/transfer matters to the
Commonwealth Parliament.
That the referral gives the Commonwealth power to pass laws about
these matters and that such laws only apply to the State(s) concerned.
Makes a general statement concerning the referral of powers.
or identifies the relevant section of the Commonwealth Constitution.
or gives an example of a power that has been referred.
Total
(b)
(10 marks)
Marks
1
2
Outline three requirements of Section 128 for the alteration of the Commonwealth
Constitution (Australia).
(3 marks)
Description
Outlines three requirements specified under Section 128 which include:
Proposed change must be passed by (an absolute majority) in each
House of Parliament.
Within a time frame, after passing Parliament it is put to referendum in
each State and territory, (between two and six months).
The bill must be approved by a majority of electors and by a majority of
electors in a majority of States, that is a double majority.
The bill receives royal assent.
Outlines two requirements of Section 128.
Outlines one requirement of Section 128.
or makes a general statement concerning the alteration of the
Commonwealth Constitution.
Total
Marks
2
1
3
POLITICS AND LAW

STAGE 3
(c)
MARKING KEY
Outline one reform proposal to change the Commonwealth Constitution (Australia) and
discuss two reasons why such a proposal is considered necessary.
(5 marks)
Description
Outlines one reform proposal to change the Commonwealth Constitution
which could include: the Republic; reference to indigenous Australians
in the Commonwealth Constitution; the Senate including Sections 24,
53, 57; a Charter of Rights; recognising local government.
Identifies two reasons why such a proposal is considered necessary.
Discusses each of these reasons with relevant and valid information.
Outlines one reform proposal to change the Commonwealth
Constitution.
Identifies two reasons why such a proposal is considered necessary.
Discusses at least one of these reasons using some relevant and valid
information.
Outlines one reform proposal to change the Commonwealth
Constitution.
and/or identifies one/two reasons why such a proposal is considered
necessary.
or makes a general statement about constitutional reform in Australia.
Total
Question 2
(a)
Identify two aspects of the composition of the High Court of Australia.

Description
Identifies two aspects of the composition of the High Court which
include: it consists of a Chief Justice; other Justices, not less than two/at
present it is six other Justices; compulsory retirement at age 70; three
female justices on the present Court; appointed by the GovernorGeneral in Council.
Identifies one aspect.
or makes a general statement concerning the composition of the High
Court.
Total
(b)
Marks
34
12
5
(10 marks)
(2 marks)
Marks
1
2
Distinguish between the appellate jurisdiction and original jurisdiction of the High Court of
Australia.
(3 marks)
Description
The meaning of each term is apparent.
Appellate jurisdiction: ability of the High Court to hear appeals from the
High Court itself and all other Courts in Australia.
Original jurisdiction: The High Court is the court of first instance.
A stated distinction is made between the two jurisdictions.
The two jurisdictions are defined with no attempt to distinguish between
these.
Makes a general statement concerning appellate and/or original
jurisdiction.
or one or other of the types of jurisdiction is outlined.
Total
Marks
2
1
3
POLITICS AND LAW

STAGE 3
(c)
MARKING KEY
Identify and discuss two powers of the judiciary in one non-Westminster political and
legal system.
(5 marks)
Description
Identifies the judiciary within one non-Westminster political and legal
system. This could include a presidential system such as USA, France;
a military regime such as Fiji; a communist regime such as China.
Identifies two powers of the judiciary identified.
Discusses each of these powers using relevant and valid information.
Identifies the judiciary within one non-Westminster political and legal
system.
Identifies two powers of the judiciary identified.
Discusses at least one of these powers using some relevant and valid
information.
Identifies a relevant judiciary and outlines one or two powers.
Total
Marks
34
12
5
POLITICS AND LAW

STAGE 3
MARKING KEY
Question 3
(a)
What is a Royal Commission in Australia?

Description
Outlines two aspects regarding a Royal Commission which include:
A public inquiry appointed by the Executive (GovernorGeneral/Governor in Council) to examine a particular problem/issue.
Terms of reference set out specific areas to be investigated.
That it has coercive powers and can compel witnesses to give answers
to questions.
The findings are set out in a report.
Gives an example of a Royal Commission
Outlines one aspect regarding a Royal Commission.
or gives an example of a Royal Commission.
Total
(b)
Outline three elements of the principle of natural justice.

Description
Outlines three elements of the principle of natural justice which include:
The right of an individual to know the charges/allegations against them.
The right of all individuals to access due process of court proceedings.
The right of an individual to argue their case before an unbiased judge.
Where appropriate the right to be judged by ones peers.
The right of an individual to appeal if the original trial contained legal
flaws.
Outlines two elements of the principle of natural justice.
Outlines one element of the principle of natural justice.
or makes a general statement concerning natural justice.
Total
(c)
(10marks)
(2 marks)
Marks
1
2
(3 marks)
Marks
2
1
3
With reference to an individual or group in Australia, discuss two aspects of their

experience in the Australian political and legal system.
(5 marks)
Description
Identifies a distinct group or individual such as Indigenous Australians,
women, migrants, refugees.
Identifies two aspects of their experience in the Australian political and
legal system. (The aspects can be positive and/or negative).
Discusses each of these aspects using relevant and valid information.
Identifies a distinct group or individual.
Identifies two aspects of their experience in the Australian political and
legal system. (The aspects can be positive and/or negative).
Discusses at least one of these aspects using some relevant and valid
information.
Identifies a distinct group or individual.
Identifies one or two aspects of their experience in the Australian
political and legal system.
or makes a general statement regarding the experiences of an
individual or group within Australia.
Total
Marks
34
12
5
POLITICS AND LAW

STAGE 3
MARKING KEY
Question 4
(a)
What is meant by a political right?

Description
Identifies that a political right is a right/power to participate directly or
indirectly in the establishment or administration of government.
Could include an example of a political right which include: freedom of
speech, freedom of assembly, the right to vote.
Provides an example of a political right
or makes a general statement concerning political rights.
Total
(b)
(10 marks)
(2 marks)
Marks
2
1
2
Outline three rights explicitly protected by the Commonwealth Constitution (Australia).

(3 marks)
Description
Sections of the Commonwealth Constitution are not required.
Outlines three rights explicitly protected by the Commonwealth
Constitution which include:
The right of individuals to be compensated for the acquisition of property
on just terms s.51(xxxi).
The right to a trial by jury for Commonwealth indictable offences s.80.
Protection of freedom of interstate trade s.92.
Protection of freedom of religion that specifically prevents the
Commonwealth government from imposing a (official) religion or
imposing a religious test in public sector employment s.116.
The right of person not to be discriminated against on the grounds of
his/her State residence s.117.
Outlines two rights explicitly protected by the Commonwealth
Constitution.
Outlines one right explicitly protected by the Commonwealth
Constitution.
or lists two rights explicitly protected by the Commonwealth
Constitution.
or makes a general statement about the protection of rights under the
Total
Marks
POLITICS AND LAW

STAGE 3
(c)
MARKING KEY
Explain what is meant by a common law right and discuss two rights protected by
common law in Australia.
(5 marks)
Description
Explains what is meant by a common law right: a right emanating from
the legal traditions or conventions of the community including the Magna
Carta, initially by courts in England and latterly in Australia and are
recognised by the courts within judgments.
Identifies two rights protected by common law in Australia. These
include: freedom from arbitrary arrest; right to be assumed innocent until
proven guilty; right to a fair trial; right to a jury trial.
Discusses two such rights using relevant and valid information.
Outlines what is meant by, a common law right.
Identifies two rights protected by common law in Australia.
Discusses at least one of these rights using some relevant and valid
information.
or discusses two common law rights using relevant information.
Makes a general statement regarding common law rights.
and/or lists two examples of common law rights in Australia.
Total
Marks
34
12
5
POLITICS AND LAW

STAGE 3
Section Two: Source analysis
MARKING KEY
20% (20 Marks)
Source 1: Unit 3A
Question 5
(a)
(20 marks)
Explain what is meant by Federation in Source 1.
(2 marks)
Description
Identifies two aspects of Federation in Source 1 which include:
Six colonies united to form a federal nation on January 1, 1901.
The colonies united under the Commonwealth Constitution.
A federal system of government was established between the six
colonies and the new federal government.
Identifies one aspect of Federation.
or makes a general statement regarding Federation.
Marks
1
Total
(b)
With reference to Source 1, identify and explain two ways in which the Commonwealth
Constitution (Australia) has changed and evolved since 1901.
(4 marks)
Description
From Source 1 identifies two ways the Commonwealth Constitution has
changed and evolved since 1901 which include:
The Commonwealth Governments greater share of revenue collection
as compared to the States.
The Commonwealth venturing into areas of State law through use of
tied grants.
Referenda (1946/1967) have altered particular sections of the
Explains each of these ways.
From the Source identifies two ways the Commonwealth Constitution
has changed and evolved since 1901
or identifies and explains one way only.
Identifies one way the Commonwealth Constitution has changed and
evolved since 1901
or makes a general statement about constitutional change and/or
federalism.
Total
Marks
34
1
4
POLITICS AND LAW

STAGE 3
(c)
MARKING KEY
Identify and discuss two reasons, other than financial power and referenda, for the
increased strength of the Commonwealth within the Federation in the last 20 years.
(6 marks)
Description
Identifies two reasons other than financial power and referenda for the
increased strength of the Commonwealth within the Federation since
1993. These could include:
The use of the corporations power s.51xx in terms of industrial relations
(2006/ Work Choices).
Use of International treaties to make laws in residual areas such as
environment/land management.
Use of events/issues to bring about Commonwealth/national policy such
as the Port Arthur massacre and uniform gun laws (1997).
The use of Council of Australian Government in a coercive manner.
Discusses each reason identified using valid and relevant information.
1993.
Outlines one/two reasons with some relevant information.
or Identifies and explains one reason using valid and relevant
information.
1993.
or lists two reasons.
or makes a general statement regarding increased Commonwealth
power, apart from financial power and referenda, within the Federation
since 1993.
Total
Marks
56
34
12
POLITICS AND LAW

STAGE 3
(d)
10
MARKING KEY
Identify and evaluate two ways in which States continue to influence the federal balance
of power.
(8 marks)
Description
Identifies two ways States continue to influence the federal balance of
power which includes:
Refusal by State(s) to co-operate with the Commonwealth within the
context of COAG discussions and/or directions such as hospital policy,
the Murray-Darling.
The refusal by State(s) to refer a particular power to the Commonwealth
(2013 criminal gang law)
The ability of State(s) to support and/or sponsor challenges to the
constitutional validity of Commonwealth legislation such as Work
Choices, MRRT.
The ability of State(s) to compete amongst themselves for a greater
relative share of GST revenue.
The willingness of State(s) to support co-operative federalism.
Discusses the manner in which State(s) have acted in each of the ways
identified.
Evaluates each way State(s) continue to influence federal the balance of
power.
power.
Discusses the manner in which State(s) have acted in each of the ways
identified.
Discusses rather than evaluates each way State(s) continue to influence
the balance of power within the federation.
power.
Makes a statement concerning one/ two ways States continue to
influence the federal balance of power.
Identifies one or two ways States continue to influence the federal
balance of power.
or makes a general statement regarding States within the federation.
Total
Marks
78
56
34
12
8
POLITICS AND LAW

STAGE 3
11
MARKING KEY
Source 2: Unit 3B
Question 6
(a)
Explain what is meant by the term the Opposition in the Westminster system of
government.
(2 marks)
Description
Identifies two aspects concerning the Opposition within the
Westminster system of government which could include:
It is a recognised institution within the Parliament with official status.
It is the political party with the second largest representation on the floor
of the House.
By convention it is seen as the alternative government.
Its role is to scrutinise and hold to account the government of the day.
Identifies one aspect concerning the Opposition.
Total
(b)
(20 marks)
Marks
1
2
With reference to Source 2, identify and explain two suggested weaknesses of Question
Time in the Commonwealth Parliament.
(4 marks)
Description
From Source 2 identifies two suggested weaknesses of Question Time
which include:
Opposition questions are often focused on scandal and/or trivia.
Opposition questions often incorporate their own view or answer.
Government questions are used to base attacks on the Opposition.
Government gives broad unspecific responses.
Explains each of the weaknesses identified.
The explanation of a weakness could be a valid example.
From Source 2 identifies two suggested weaknesses of Question Time.
or Identifies and explains one weakness of Question Time.
From the source identifies one suggested weakness.
or makes a general statement concerning the weakness of Question
Time.
Total
Marks
34
2
1
4
POLITICS AND LAW

STAGE 3
(c)
12
MARKING KEY
Identify and discuss two ways, other than Question Time, by which the Commonwealth
Parliament can scrutinise Executive actions and policies.
(6 marks)
Description
Identifies two ways other than Question Time by which the
Commonwealth Parliament can scrutinise the actions and policies of the
Executive. These could include:
The work of particular Parliamentary Committees.
Auditor-General review and reports.
Censure motions against the Government and/or individual Ministers.
Agitating for Royal Commissions.
Discusses each of the ways identified using relevant and valid
information.
Executive.
Outlines one/two ways with some relevant information.
or Identifies and explains one way using valid and relevant information.
Executive.
or lists two ways.
or makes a general statement regarding how the Commonwealth
Parliament keeps the Executive accountable.
Total
(d)
Marks
56
34
12
Outline the theory of individual ministerial responsibility and evaluate the application of the
theory by referring to two examples involving Commonwealth Ministers in the last 20
years.
(8 marks)
Description
Outlines two elements of the theory of individual ministerial responsibility
which include: a Minister is responsible for decisions and the
administration of his portfolio/Department; a minister is to maintain
acceptable standards of personal probity.
Identifies and explains two examples concerning Commonwealth
Ministers in the last 20 years. This allows coverage of examples since
the Keating government and specific references/valid information is
essential.
Evaluates the application of the theory of individual ministerial
responsibility based on the examples used.
Outlines two elements of the theory of individual ministerial
responsibility.
Identifies and explains two examples concerning Commonwealth
Ministers in the last 20 years.
Discusses rather than evaluates the application of the theory of
individual ministerial responsibility based on the examples used.
Outlines one/two elements of the theory of individual ministerial
responsibility.
Identifies one/two examples concerning Commonwealth Ministers in the
last 20 years.
Makes a statement concerning the application of the theory of individual
ministerial responsibility.
Identifies one or two examples concerning Commonwealth Ministers in
the last 20 years.
or makes a general statement regarding individual ministerial
responsibility.
Total
Marks
78
56
34
12
8
POLITICS AND LAW

STAGE 3
Section Three: Extended response
13
MARKING KEY
50% (50 Marks)
Part A: Unit 3A
Question 7
(25 marks)
The provisions of the Commonwealth Constitution (Australia) do not accurately describe the
reality of executive and legislative power in Australia today.
Evaluate the validity of this claim.
Description
Note: Responses satisfying most of these criteria would achieve top
marks. Responses with some of these criteria would achieve at least
21 marks.
The provisions of the Commonwealth Constitution in terms ofexecutive and
legislative power in Australia today are evident within the discussion.
Executive power as defined by the Commonwealth Constitution is identified as
being vested in the Queen and is exercisable by the Governor-General.
Advice may be given to the Governor-General in the Executive Council with the
exception of the reserve powers i.e. without or against advice.
Reference could be made to particular sections of the Commonwealth
Constitution including 61, 62, 63, 64, 68, 28, 57.
Legislative power is identified as being vested in the Parliament as outlined in
sections 51 and 52 of the Commonwealth Constitution. Section 51 and 52 lists
the subjects on which Parliament may pass legislation some of which may be
mentioned.
Sections 53 and 54 could be discussed in terms of constraints.
This is not a discussion relating to legislative process.
Makes comparisons between the provisions of the Commonwealth Constitution
and the realities of executive and legislative power in Australia.
Discusses the realities of executive power in Australia today which includes the
Prime Minister and Cabinet and the power wielded vis a vis the GovernorGeneral.
Discusses that real executive power lies with PM/Ministers (who are outside
the Constitution)on most occasions and highlights the general relationship
between the Governor-General and PM/Ministers.
Mention may be made of the 1975 Crisis to highlight that the Governor-General
does have the powers mentioned in the Constitution but these reserve powers
are rarely used.
Discusses the realities of legislative power, which is close to those outlined in
the Constitution.
Discussion could include that this is sometimes tested in the High Court with
relevant and valid examples.
Presents a conclusion regarding whether or not the provisions of the
Commonwealth Constitution accurately describe the reality of executive and
legislative power in Australia today.
Presents a reasoned, balanced and coherent evaluation of the claim that the
provisions of the Commonwealth Constitution do not accurately describe the
reality of executive and legislative power in Australia today using relevant
political and legal terminology.
Marks
2125
POLITICS AND LAW

STAGE 3
14
MARKING KEY
Question 7 continued
Description
Note: Responses satisfying most of these criteria would achieveat the
top of this range of scores. Responses satisfying some of these criteria
would achieve at least 16 marks.
The provisions of the Commonwealth Constitution in terms of executive and
Executive power as defined by the Commonwealth Constitution is identified as
being vested in the Queen and is exercisable by the Governor-General.
Advice may be given to the Governor-General in the Executive Council with the
exception of the reserve powers i.e. without or against advice.
Reference could be made to some sections of the Commonwealth
Constitution.
Legislative power is identified as being vested in the Parliament as outlined in
sections 51 and 52 of the Commonwealth Constitution. Section 51 and 52 lists
the subjects on which Parliament may pass legislation.
Makes some comparisons between the provisions of the Commonwealth
Constitution and the realities of executive and legislative power in Australia.
Discusses some of the realities of executive power in Australia today.
Mention may be made of the 1975 Crisis.
Discusses some of the realities of legislative power, which is close to those
outlined in the Constitution.
Presents a conclusion regarding whether or not the provisions of the
Commonwealth Constitution accurately describe the reality of executive and
legislative power in Australia today.
Presents a reasoned, balanced and coherent but limited evaluation of the claim
that the provisions of the Commonwealth Constitution do not accurately
describe the reality of executive and legislative power in Australia today using
relevant political and legal terminology.
Note: Responses satisfying most of these criteria would achieveat the
Some provisions of the Commonwealth Constitution in terms of executive and
Executive power as defined by the Commonwealth Constitution is identified in
a general way.
Limited reference could be made to some sections of the Commonwealth
Constitution.
Legislative power is identified as being vested in the Parliament.
Limited reference is made to the subjects on which Parliament may pass
legislation.
Makes some general comparisons between the provisions of the
Commonwealth Constitution and the realities of executive and legislative
power in Australia.
Outlines some of the realities of executive power in Australia today.
Mention may be made of the 1975 Crisis.
Outlines the realities of legislative power, which is close to those outlined in the
Constitution.
Presents a conclusion that addresses the claim to a limited extent
Presents a discussion rather than an evaluation with some reason, balance
and cohesion that the provisions of the Commonwealth Constitution do not
accurately describe the reality of executive and legislative power in Australia
today using some relevant political and legal terminology.
Marks
1620
1115
POLITICS AND LAW

STAGE 3
15
MARKING KEY
Description
Note: Responses satisfying most of these criteria would achieve at the
Executive power as defined by the Commonwealth Constitution is identified in
a general way.
Legislative power is identified as being vested in the Parliament.
Presents statements concerning the provisions of the Commonwealth
Constitution and the realities of executive and legislative power in Australia.
Presents statements concerning the claim rather than a reasoned, balanced
and coherent evaluation that the provisions of the Commonwealth Constitution
do not accurately describe the reality of executive and legislative power in
Australia today using limited relevant political and legal terminology.
Note: Responses demonstrating no understanding would achieve at the
bottom of this range of marks.
Demonstrates minimal or no understanding of whether or not the provisions of
the Commonwealth Constitution accurately describe the reality of executive
and legislative power in Australia today.
Presents minimal statements with minimal or no political and legal terminology.
Total
Marks
610
15
25
POLITICS AND LAW

STAGE 3
16
Question 8
MARKING KEY
(25 marks)
Recent Commonwealth Parliaments have confirmed that the ability of governments to implement
their mandates is more a function of the will of the Parliament than the will of the people.
Evaluate the validity of this claim.
Description
marks. Responses with some of these criteria would achieve at least 21
marks.
Explains what is meant by:
mandate the authority given by the voters to the party/parties (government)
with a majority in the House of Representatives to implement the programmes
and policies outlined in its election platform.
will of the Parliament the policies/laws that the Parliament- House of
Representatives and Senate allow.
The Senate and their mandate may be raised as opposed to a government
mandate.
will of the people the policies/laws that the citizenry as a whole want.
Makes reference to particular Parliaments in recent times and discusses how
the makeup of each House of the Commonwealth Parliament influences the
ability of governments to implement their mandates. Such variations include
Howard and the control of both houses; Rudd and an Opposition controlled
Senate; Rudd/Gillard and a Senate minority; Gillards minority government and
the Senate cross bench.
Discusses the extent to which the will of the people is reflected in legislation
passed.
Presents a conclusion based on the evidence that perhaps highlights that the
ability of particular governments to implement their mandate is more a function
of the will of the Parliament rather than the will of the people especially if the
government lacks control of both Houses of Parliament.
Presents a reasoned, balanced and coherent evaluation of the claim that
recent Commonwealth Parliaments have confirmed that the ability of
governments to implement their mandates is more a function of the will of the
Parliament than the will of the people using relevant political and legal
terminology.
Marks
2125
POLITICS AND LAW

STAGE 3
17
MARKING KEY
Description
Explains what is meant by: mandate, will of the Parliament, will of the
people.
The Senate and their mandate may be raised as opposed to a government
mandate.
Makes reference to particular Parliaments in recent times and discusses how
the makeup of each House of the Commonwealth Parliament influences the
ability of governments to implement their mandates. Such variations include
Howard and the control of both houses; Rudd and an Opposition controlled
Senate; Rudd/Gillard and a Senate minority, Gillards minority government and
the Senate cross bench.
Discusses the extent to which the will of the people is reflected in legislation
passed.
Presents a conclusion that attempts to show that the ability of particular
governments to implement their mandate is more a function of the will of the
Parliament rather than the will of the people especially if the government lacks
control of both Houses of Parliament.
Presents a mostly reasoned, balanced and coherent but limited evaluation of
the claim that recent Commonwealth Parliaments have confirmed that the
ability of governments to implement their mandates is more a function of the
will of the Parliament than the will of the people using relevant political and
legal terminology.
Explains in general terms what is meant by: mandate, will of the Parliament,
will of the people.
Makes some reference to particular Parliaments in recent times and discusses
how the makeup of each House of the Commonwealth Parliament influences
the ability of governments to implement their mandates.
Discusses to some the extent the will of the people and legislation passed.
Presents a conclusion that addresses the claim to a limited extent.
Presents a discussion rather than an evaluation with some reason, balance
and coherence about whether or not recent Commonwealth Parliaments have
confirmed that the ability of governments to implement their mandates is more
a function of the will of the Parliament than the will of the people using some
relevant political and legal terminology.
Explains in general terms what is meant by: mandate, will of the Parliament,
will of the people.
Makes general reference to Parliaments in recent times and presents
statements on governments and implementation of mandates.
Presents statements concerning the claim rather than a reasoned balanced
and coherent evaluation about whether or not recent Commonwealth.
Parliaments have confirmed that the ability of governments to implement their
mandates is more a function of the will of the Parliament than the will of the
people using limited relevant political and legal terminology.
Marks
1620
1115
610
POLITICS AND LAW

STAGE 3
18
MARKING KEY
Description
Demonstrates minimal or no understanding of whether or not recent
Commonwealth Parliaments have confirmed that the ability of governments to
implement their mandates is more a function of the will of the Parliament than
the will of the people.
Presents minimal statements with minimal or no political and legal terminology.
Total
Marks
15
25
POLITICS AND LAW

STAGE 3
19
MARKING KEY
Part B: Unit 3B
Question 9
(25 marks)
Explain how and evaluate the extent to which elections, the judicial system and the processes of
parliament hold the Commonwealth Parliament accountable.
Description
21 marks.
Explains how each of: elections, the judicial system, and the processes of
Elections could include: MHRs and Senators and/or political parties face the
voters on their performance/actions/policies since the previous election.
The judicial system could include how legislation can be challenged in terms of
whether or not it is within Parliaments Constitutional powers.
Processes of parliament could include: House/Senate Privileges Committee
and actions of particular members; legislative committees and reports on
proposed legislation.
Examines each of these ways (but not necessarily equally) of holding the
Parliament accountable, incorporating accurate reference to relevant examples
in each of the methods of accountability.
Elections include 2007 and Work Choices, 2013 and Carbon Tax.
Judicial system: High Court challenges regarding legislation include Work
Choices(2006), Roach (2007), Plain Packaging (2012) MRRT (2013).
Processes of parliament include Thomson (2013) and House Privileges
Committee, Heffernan (2002) and Senate Privileges Committee.
Presents a conclusion, based on the evidence on whether or not, or the extent
to which each of elections, the judicial system and the processes of parliament
hold the Commonwealth Parliament accountable.
Presents a reasoned, balanced and coherent evaluation of the extent to which
elections, the judicial system and the processes of parliament hold the
Commonwealth Parliament accountable using relevant political and legal
terminology.
Explains how each of: elections, the judicial system, and the processes of
Elections could include: MHRs and Senators and/or political parties face the
voters on their performance/actions/policies since the previous election.
The judicial system could include how legislation can be challenged in terms of
whether or not it is within Parliaments Constitutional powers.
Processes of parliament could include: House/Senate Privileges Committee
and actions of particular members; legislative committees and reports on
proposed legislation.
Discusses each of these ways (but not necessarily equally) of holding the
Parliament accountable, incorporating relevant examples in each of the
methods of accountability.
Presents a conclusion, with little if any evaluation on whether or not elections,
the judicial system and the processes of parliament hold the Commonwealth
Parliament accountable.
Presents a mostly reasoned, balanced and coherent evaluation of the extent to
which elections, the judicial system and the processes of parliament hold the
Commonwealth Parliament accountable using relevant political and legal
terminology.
Marks
2125
1620
POLITICS AND LAW

STAGE 3
20
MARKING KEY
Description
Outlines how each of: elections, the judicial system, and the processes of
Discusses each of these ways of holding the Parliament accountable,
incorporating some relevant examples in each of the methods of accountability.
or discusses two of these ways in depth with detailed relevant examples.
Presents a conclusion stating whether or not elections, the judicial system and
the processes of parliament hold the Commonwealth Parliament accountable.
Presents a discussion with some reason, balance and coherence on the extent
to which elections, the judicial system and the processes of parliament hold the
Commonwealth Parliament accountable using some relevant political and legal
terminology.
Outlines how one or two of: elections, the judicial system, and the processes
of parliament hold the Commonwealth Parliament accountable.
Presents statements regarding the ways of holding the Parliament accountable
with limited reference to examples.
or discusses one of these ways in depth with detailed relevant examples.
Presents a concluding statement on whether or not elections, the judicial
system and the processes of parliament hold the Commonwealth Parliament
accountable with limited use of political and legal terminology.
Demonstrates little or no understanding of elections, the judicial system and
the processes of parliament and the accountability of the Commonwealth
Parliament.
Presents minimal statements and no discussion with little or no political and
legal terminology.
Total
Marks
1115
610
15
25
POLITICS AND LAW

STAGE 3
21
MARKING KEY
Question 10
(25 marks)
Explain how and evaluate the extent to which the rule of law and popular participation are upheld
in Australia and one other country.
Description
21 marks.
This question does not require any comparison between Australia and one
other country.
This question does not require equal weighting between Australia and one
other country.
Outlines what is meant by:
the rule of law- belief that all actions of individuals and governments are
subject to an institutionalised set of rules and regulations and applied
impartially.
popular participation could include the level of involvement of individuals in
the political and legal system directly and indirectly including through social
media.
Examines each of these (but not necessarily equally) as it operates in Australia
and one other country, which is clearly identified.
Uses valid and relevant examples to examine how and to what extent each is
upheld in Australia and one other country.
Presents a conclusion based on the evidence and which differentiates, if
necessary, between the two criteria on the extent to which they are upheld in
Australia and one other country.
Presents a reasoned, balanced and coherent evaluation of the extent to which
the rule of law and popular participation are upheld in Australia and one other
country using relevant political and legal terminology.
This question does not require a comparison between Australia and one other
country nor equal weighting between Australia and one other country.
Outlines what is meant by the rule of law, popular participation.
Discusses each of these (but not necessarily equally) as it operates in
Australia and one other country, which is clearly identified.
Uses relevant examples to discuss how and to what extent each is upheld in
Australia and one other country.
Presents a conclusion, with little if any evaluation regarding the extent to which
the rule of law and public participation are upheld in Australia and one other
country.
Presents a mostly reasoned, balanced and coherent discussion of the extent to
which the rule of law and popular participation are upheld in Australia and one
other country using relevant political and legal terminology.
Marks
2125
1620
POLITICS AND LAW

STAGE 3
22
MARKING KEY
Description
This question does not require a comparison between Australia and one other
country nor equal weighting between Australia and one other country.
Outlines what is meant by the rule of law,popular participation.
Discusses to some extent each of these as it operates in Australia and one
other country, which is clearly identified.
or discusses one of the rule of law, popular participation for Australia and one
other country in some depth.
or discusses one of these in depth in relation to either Australia or one other
country.
Uses some examples to discuss how each is upheld in Australia and/or one
other country.
Presents a conclusion stating whether or not the rule of law and/or public
participation are upheld in Australia and/or one other country.
Presents a discussion with some reason, balance and coherence on the extent
to which the rule of law, and popular participation are upheld in Australia
and/or one other country using some relevant political and legal terminology.
Outlines in a general way what is meant by the rule of law, popular
participation.
Presents statements regarding some of these as they operate in Australia
and/or one other country.
Uses limited examples and limited use of political and legal terminology.
Presents a concluding statement regarding the rule of law and public
participation in Australia and/or one other country.
Demonstrates minimal or no understanding of the rule of law and popular
participation in Australia and/or one other country.
Presents minimal statements and no discussion with little or no political and
legal terminology.
Total
Marks
1115
610
15
25
ACKNOWLEDGEMENTS
This document apart from any third party copyright material contained in it may be freely copied, or communicated on an
intranet, for non-commercial purposes in educational institutions, provided that it is not changed and that the School Curriculum
and Standards Authority is acknowledged as the copyright owner, and that the Authoritys moral rights are not infringed.
Copying or communication for any other purpose can be done only within the terms of the Copyright Act 1968 or with prior written
permission of the School Curriculum and Standards Authority. Copying or communication of any third party copyright material can
be done only within the terms of the Copyright Act 1968 or with permission of the copyright owners.
Any content in this document that has been derived from the Australian Curriculum may be used under the terms of the Creative
Commons Attribution-NonCommercial 3.0 Australia licence.
Published by the School Curriculum and Standards Authority of Western Australia

27 Walters Drive
OSBORNE PARK WA 6017

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POLITICS AND LAW

Copyright School Curriculum and Standards Authority 2013

POLITICS AND LAW

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What is meant by a referral of powers under the Commonwealth Constitution (Australia)?

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Outline three elements of the principle of natural justice.

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Section Two: Source analysis

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50% (50 Marks)

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Published by the School Curriculum and Standards Authority of Western Australia

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