You are on page 1of 40

Jacaranda New Concepts in Commerce

Chapter 4: Law, society and political involvement


Exercise answers (print)

Ex 4.2 Knowledge and understanding

1. Laws are a set of rules that everyone in a society is expected to


follow.

2. Laws of the land are different from school or sport rules because
laws of the land are legal rules and as such are enforceable by
police and the court. However, if you break a school or sport rule
the consequences are dealt with by the people in charge, such as
the principal or the organiser of the sport event.

3. A person who breaks the law can be taken to court and penalised
for the unlawful action.

4. The term anarchy means chaos and disorder in a society caused


by the absence of laws. A country in a state of anarchy would allow
the strong and powerful people to control the weak, thus creating
an uneven society.

5. A society needs laws because otherwise people would do exactly


what they wanted and that could lead to a state of anarchy.

6. The four main roles of laws are:

 Establish boundaries: helps to determine which actions are not


tolerated and those that are acceptable.
 Protection: This is achieved by regulating dangerous actions such
as drink driving in an effort to keep other people safe.
 Freedom: Laws are made to tell people what they can or are
allowed to do.
 Resolving disputes: The police, the court system and correctional
centres are all part of a system that prevents people from taking
the law into their own hands by helping them to solve their
problems.
7.

 John Wiley & Sons Australia, Ltd


a. You cannot murder, steal, drive under the influence, destroy
other peoples’ property.

b. You can get married, run a business, drive a car, buy alcohol.

8. The laws you wish to implement as Prime Minister should focus on


the key elements of maintaining harmony, but might come from
any four of the reasons we have laws. It might involve stopping
disputes from occurring by setting new boundaries, protecting
people from others who are breaking laws, establishing freedoms
and respect for others' freedoms, or mutually beneficial ways of
resolving disputes.

9. 9. Your story or cartoon will show the effect of not having any
traffic laws in a city, but you could take this task in a variety of
directions.

10. Not having traffic laws might mean, among many other
effects:

 an increase in accidents and injuries


 busier emergency services and hospitals
 insurance becoming more expensive
 the cars you see on the road being in terrible condition
 people deciding not to buy expensive cars
 traffic light and sign makers going out of business
 people parking on your front lawn
 cars on both sides of the road
 car owners modifying their vehicles with self-defense weapons
like spikes or protective devices like padded side bumpers.
Ex 4.3 Knowledge and understanding

1.
a. The Commandments that are included in our legal system
include: ‘You shall not murder’, ‘You shall not steal’ and ‘You
shall not bear false witness’. The Commandment ‘You shall not
take the name of the Lord in vain’ may also be included in a
courtroom as many witnesses swear an oath to God to tell the
truth and nothing but the truth.

b. Only one of the five pillars of Islam is included in our legal


system and that is the one relating to paying taxes.

 John Wiley & Sons Australia, Ltd


c. The two religions have one law in common: that there is only one
god.

2. The laws to deal with under-age binge drinking might include:

 ways to prevent under-age people from getting alcohol


 different rules about buying alcohol
 bans on different types of alcohol
 changes to packaging or advertising laws
 changes to what young people are allowed to do, such as curfews.
 The laws regarding violent computer games might include:
 new ratings
 different restriction on buying, selling and sharing games
 restrictions on different types of consoles
 bans on specific types of games.
3. It is difficult to create a set of laws to reflect everyone’s values
because we live in a multicultural society. Different cultures value
different things and as such it becomes problematic to create laws
that work for all. In other words, a law that seems fair, reasonable
and morally just in another country may not be seem just
in Australia.

4. The settlers did not recognise the pre-existing Aboriginal law when
they arrived and as a consequence the Aboriginal people were
expected to follow English law. This created many
misunderstandings and problems.

5. The punishments attached to each crime are quite severe which


would deter many people from breaking the law. Living in this
society might feel restrictive and perhaps fear would permeate the
daily life of the people in this society.

6. The most ethical response would be to not accept the answers, so


I wouldn't take them. It would also be the most ethical thing to do
to tell the teacher that the answers had been stolen. I don't think
I'd do this, though, because I think she'd probably already know, or
would be able to tell when she marked everyone's tests and a lot
were identical or scored 100%.
Ex 4.4 Knowledge and understanding

1. Court hierarchy diagram

 John Wiley & Sons Australia, Ltd


2. We have different types of courts because it allows for the
offences and crimes to be divided into categories according to
how serious they are. This enables the courts to deal with crimes
that they are specialised to handle.

3. The High Court can hear appeals from Supreme Court cases.

4. The maximum sentence that a NSW local court can impose is 2


years per offence and a maximum of five years altogether.

5. A magistrate is in charge of a local court. They hear a case,


decide the verdict and set any punishment. Judges are in charge
of the District Court, Supreme Court and High Court.

6.

District Court Supreme Court

Location Sydney and regional Sydney (Judges also


centres hold sessions of their
courts in major regional
centres.)

Civil case claim $ 100 000–$750 000 $750 000 +

 John Wiley & Sons Australia, Ltd


amounts

Types of criminal Armed robbery, Murder, treason and


cases burglary serious sexual assault

Appeals to Supreme Court High Court

7.
a. The role of the High Court is to deal with appeals from the state
or territory supreme courts as well as hearing cases concerning
the interpretation of the Australian Constitution.

b. The role of the Family court is to deal with divorce matters, child
custody disputes and division of wealth upon separation.

8. We need a court hierarchy because it enables our society to


arrange crimes into different categories. More common crimes
that are less serious can be dealt with in the local court, while
more serious cases and/or constitutional matters can be dealt with
in the higher courts. The system also provides the opportunity
for appeals, which ensures that verdicts can be tested and double-
checked.

9. It can be very costly and time consuming to go through the court


system and this might have an impact on a person’s decision to
appeal or not. Hence, a person might seek an appeal if they
believe that the evidence produced is strong enough to overturn a
guilty verdict and if it would be worth it in terms of time and
money.

10.

a. Supreme Court

b. High Court

c. Local Court

d. Local Court (Coroner’s Court)

e. District Court

f. Children’s Court

 John Wiley & Sons Australia, Ltd


g. Supreme Court

h. High Court

i. Family Court

j. Drug Court of NSW

11. Court etiquette refers to the behaviour that people


who attend the court are expected to follow. Several rules of court
etiquette include standing when the judge or magistrate enters the
room, wearing appropriate clothing, referring to the
judge/magistrate as ‘Your Honour’ and removing hats when
entering the court room. If someone does not follow the rules
associated with court etiquette, they can be asked to leave, fined
or even imprisoned.

12. The decisions might be made public because they can help
lawyers and law students to understand the law and judges'
decisions more thoroughly. For example, they might set new
precedents that legal professional should know about in order to
represent their client effectively.
Ex 4.5 Knowledge and understanding

1. The main courtroom officials are magistrate/judge, juror,


prosecutor and counsel for defence.

2. There are six jurors in a civil case. There are twelve jurors in a
criminal case.

3. The counsel for the defence represents the accused and tries to
lessen the punishment (in a guilty plea) or convince the
magistrate/judge and jury that the accused is innocent (in a not-
guilty plea).

4. A judge can question a witness only when he or she wants to


clarify a point.

5. The jury’s responsibility in a criminal trial is to decide if the


accused is guilty beyond reasonable doubt.

6.

 John Wiley & Sons Australia, Ltd


a. A defendant is the person put on trial and who has to answer the
accusations brought forward. A plaintiff is the person who brings
a civil case to the court in order to seek compensation.

b. The prosecution tries to convince the magistrate/judge and jury


that the person on trial is guilty. The counsel for the defence
represents the accused and tries to lessen the punishment (in a
guilty plea) or convince the magistrate/judge and jury that the
accused is innocent (in a not-guilty plea).

7. The adversarial system is a bit like a game of tug-of-war because


the party with the strongest evidence wins.
Ex. 4.6 Knowledge and understanding

1. The role of the jury is to weigh up the evidence on both sides in


order to determine whether the defendant (or accused) is guilty.

2. The standard of proof in a civil trial is the balance of probability,


meaning that the evidence is weighed up and assessed according
to what is more likely to be true. In a criminal trial, the standard of
proof is higher as it requires proof beyond reasonable doubt,
meaning that the evidence submitted has to leave no doubt that
the accused is guilty.

3. Jury members must listen to the evidence submitted from both


sides, follow the instructions from the judge and decide whether
the accused is guilty beyond reasonable doubt or not guilty of the
crime.

4. In a civil case the jury members are mostly concerned with


whether the defendant should pay compensation to the plaintiff.

5. Anyone on the electoral roll can be summoned to jury duty.


However, people working within the legal system or who have a
criminal record cannot become members of a jury panel.

6. A majority verdict means that 11 out of 12 jury members agree


whereas a unanimous verdict means that all 12 jurors are in
agreement.

7. A hung jury means that the jurors can’t agree on a verdict. If this
happens, a new trial has to start. This has several effects, such as:

 additional costs for both parties

 John Wiley & Sons Australia, Ltd


 extensive media coverage could make it difficult to summon a
new impartial jury.
8. Your answers will vary according to your views and values. You
might believe that the reduced possibility of bribery and corruption
in the system is the biggest benefit because people with power
(such as judges) might be corrupted more easily in a system
without juries. You could also argue that the biggest problems with
the jury system is that most 'ordinary' people don't really
understand complex legal processes and terminology, and may
have seen some reporting of the case on social media (or
traditional media) so it is difficult for them to be truly impartial.

9. Your response might include some of the following ideas:

 The punishment in a civil trial will deal with money (compensation)


and not the possibility of a harsher punishment such as a lengthy
jail sentence. Thus, the standard of proof in a criminal trial has to
be higher as the consequences could be more serious compared
with a civil case.

 Criminal cases require a higher standard of proof to ensure that the


case is judged on physical proof rather than on emotion.

 If a person is convicted of a crime, he or she will be considered a


danger to society. Thus it is important that there is no doubt as to
whether the accused is guilty or not.

10. Jurors have a great responsibility since they have to be able


to make a decision about whether the accused is guilty or not.
Therefore this behaviour is unacceptable. The jurors would not
have been able to reach a fair decision because they were not
paying attention to the evidence presented. Dismissing the
jury cost a great deal of money that could have been better spent.
We all want to be treated fairly and equally in front of the law. The
jury members’ behaviour placed this at jeopardy, which is unfair
and selfish.
Ex. 4.7 Knowledge and understanding

1. Statute law refers to laws written down as Acts of Parliament,


whereas common law is developed by judges when they hear
cases with problems that have previously not been dealt with in a
court of law.

 John Wiley & Sons Australia, Ltd


2. Common law began in England under Henry II (King of England from
1154), when judges started keeping records of the decisions they
made in order to refer to them when hearing cases of a similar
nature.

3. The purpose of the Law Reports is to keep a record of decisions


judges make when they have no existing law to go by. In other
words, the Law Reports keep track of precedents.

4. The term precedent refers to the laws made by judges that are
used by other judges when making decisions in similar cases. This
helps the legal system to achieve fairness and justice by ensuring
that similar cases receive a similar verdict.

5. The courts use statutory interpretation to create new laws by


allowing judges to interpret the words and phrases in statute laws.
Once a judge has decided on the meaning of a word or phrase it
becomes law and is used as a precedent by other judges.

6. Two precedents that exist in my family for my sister and I,


(following how our older brother was treated) are:

 if we miss curfew we are grounded for a week


 we have to get ourselves to weekend sport fixtures from the start
of Year 10.
Precedents ensure that you feel that the family operates in a fair
and equal way which prevents jealousy and anger between family
members. If precedents are not followed sibling rivalry could
become a big problem.

7.

a. Donoghue v. Stevenson (1932) was used as a precedent.

b. The precedent helped Dr Grant win the case because it


established that a company is responsible for ensuring that the
product they sell is safe for the consumer.

c. The cases are different but they both involve consumers who
bought a product that caused them discomfort and pain.
Therefore it was appropriate to use Donoghue v. Stevenson
(1932) as a precedent in the Dr Grant case.

 John Wiley & Sons Australia, Ltd


Ex 4.8 Knowledge and understanding

1.

The word ‘parliament’ comes from the French word parler which
means ‘to speak’. This is appropriate because the role of the
parliament is to discuss problems and find solutions.

2. Laws can be made on three levels: federal, state and local council.

3. Parliament is often referred to as the supreme law-making


authority because it can make and change laws as well as pass
Acts that supersede precedents.

4. Only the High Court of Australia has the power to overturn a statute
law but only if the law is unconstitutional.

5. The purpose of the constitution is to provide rules and regulations


for how a parliament operates and how a country is governed.

6. The High Court is the only court that has the power to settle
disagreements regarding constitutional issues.

7. I think Section 109 was included to ensure that rules made by the
federal parliament supersede state laws. Laws regulating the
whole country are more important than laws dealing with a state or
territory.

 John Wiley & Sons Australia, Ltd


Ex 4.9 Knowledge and understanding

1. A bill is basically the draft of a law that goes to Parliament to be


voted on. A bill becomes and Act once it has been passed by both
houses of parliament and signed by the Governor-General.

2. A bill goes through three readings before becoming an Act of


Parliament.

 The first reading involves all members of the House of


Representatives who are given the first draft of the bill to read
through in their own time.
 The second reading involves a debate between government and
Opposition members regarding the main purpose and benefits of
the bill. The debate can go on for a long time, after which a vote is
taken. If the majority vote is in favour, the bill moves on to the
next stage.
 The third reading involves another vote after the bill has been
debated (and possibly amended) in the committee stage. If the
majority vote is in favour of the bill, it is passed through to the
Senate.
 Similar processes occur in the Senate. If the Senate votes to
approve the bill, it is sent to the Governor-General for royal
assent.
3. The Governor-General is the last person to sign a bill. In 2019,
David Hurley became Australia's 27th Governor-General. If you
didn't include the name of the current Governor-General in your
answer, you can read about them at gg.gov.au.

4. A double dissolution is when the Governor-General calls a


simultaneous election of both houses of parliament.

5. Having an Act pass two houses of parliament provides numerous


advantages, including:

 It generally makes for better laws because more debate occurs on


the issues.
 The second house acts as a check and prevents hasty or poorly
conceived legislation.
 Minority groups may have their interests better looked after
because minor parties and independents have more chance of
winning seats in the Senate.

 John Wiley & Sons Australia, Ltd


6. It is important for a bill to be discussed often because it allows for
problems to be solved and any potential inequities removed before
the bill becomes an Act of Parliament.

7. The process to pass laws in Australia is fair to some extent.

On the positive side, the government needs to keep people


satisfied otherwise they will not be re-elected. This puts pressure
on them to create laws that serve the needs of the population. If
they don't do this, they are generally not re-elected. There is also
time for people to lobby their representatives throughout the
stages of a bill being passed, so we can have some direct influence
on political decisions between elections.

However, there are ways in which the system is not entirely fair.
Sometimes laws are created that appeal to the majority or to a
specified group in our society. This isn't necessarily fair because
sometimes the people who need to most government support, such
as people on very low incomes or people who are ill, won't have
access to the resources needed to effectively lobby members of
parliament. That means their interests might not be looked after as
well as they might be. Another reason the system might not be
considered fair is that the government could just focus on passing
legislation that appeals to people in marginal seats. Their needs
might not reflect the needs of the whole nation, but keeping people
in marginal electorate happy will make it more likely that a
government will win those seats and be re-elected.
Ex 4.10 Knowledge and understanding

1. Private law deals with how individuals interact with other


individuals, whereas public law concerns regulating people’s
behaviour within society as a whole.

2. The term tort refers to civil wrongs. In other words, tort means
that if a person commits an act that causes damage to another
person, their property or reputation, the plaintiff is able to seek
compensation in a civil court rather than a criminal court.

3.

a. The situation involves contract law.

b. The situation involves criminal law.

 John Wiley & Sons Australia, Ltd


c. The situation involves contract law.

d. The situation involves administrative law.

e. The situation involves constitutional law.

f. The situation involves industrial law.

g. The situation involves property law.

h. The situation involves tort law.

4. I think the law has been divided into different branches for three
reasons:

 It helps to classify wrongful actions.


 It enables wrongful acts of a similar nature to be treated in a
similar fashion in a court of law.
 It provides relevant information in relation to the wrongful action.
In other words, you can easily find out the rules and regulations
that are important to the case.
5.

a. Joanne could make a complaint, and I think she should have the
right to do so. However, there are some issues to consider in
terms of whether or not her complaint might be successful, such
as how often the neighbour plays loud music, what hours the
music is played and how it has affected Joanne’s life.

b. Joanne could possibly sue her neighbour under tort law.


However, she would have to prove that the loud music has had a
negative impact on her life. If Joanne brings the matter to court
it could be costly and take time, so she should first seek other
ways to resolve the dispute.

Ex 4.11 Knowledge and understanding

1. The purpose of civil law is to create and protect our individual


rights by allowing individuals to take other members of the public
to court for civil wrongs done to them.

2. The two main areas of civil law are the law of tort and contract
law.

 John Wiley & Sons Australia, Ltd


3. The four most common torts are negligence, defamation, nuisance
and trespass.

4. The plaintiff in a civil case is the person who has been wronged
and the defendant is the person who is being sued for having
committed a civil wrong.

5. Ben will receive $150 000 in his final payout.

6.

a. False. The term ‘defendant’ refers to the party in a criminal or


civil trial against whom an action has been brought.

b. True. A successful negligence case will most likely result in an


award of damages.

c. True. Often, the parties in civil cases reach an out-of-court


settlement because settling the matter through the courts can be
very expensive and time consuming.

7. I think the most common remedy in civil cases is an award of


damages because many civil cases involve acts of negligence but
not necessarily premeditation or intention of harm. Having to pay
money is a way to make people stop doing selfish things, while also
helping the plaintiff fix or live with whatever damage was caused. I
also think that a plaintiff may be better off being compensated
monetarily rather than having the defendant put in jail or ordered
to do community service, because it means they have some way to
move on and repair the damage rather than just getting revenge.

8.

a. Examples of when someone might infringe the rights of another


on the road include making a turn without looking and crashing
into another vehicle, scraping another car while parking or hitting
a pedestrian while reversing.

b. An example of when someone might infringe the rights of


another in a theatre review would be making personal comments
regarding someone involved in the production that are untrue or
inflammatory.

c. Examples of when someone might infringe the rights of a


neighbour would include playing loud music late at night,

 John Wiley & Sons Australia, Ltd


trespassing in another person’s yard or stealing fruit or vegetables
from their garden.

d. An example of when someone might infringe the rights of


another person in a restaurant would be talking very loudly and
becoming aggressive when asked to be quiet.

9.

a. failed duty of care (the first step would be someone failing to


provide care that they had a duty to provide)

b. plaintiff suffered damage (the second stage would be someone


suffering as a result of the failed duty of care)

c. duty of care owed (the third step would be establishing legally


that the plaintiff was owed a duty of care)

d. compensation awarded (once the owed duty of care is shown not


to have been upheld, the final stage is awarding compensation)
Ex 4.12 Knowledge and understanding

1.

a. False. An offence against police might be a crime, but the


definition of 'crime' extends much further. A crime is a behaviour
that is considered unacceptable by the state and consequently
deserving of prosecution, conviction and punishment.

b. True. The purpose of criminal law is to protect individuals from


others doing the wrong thing; to make the community feel safe
from harm.

c. False. A victim is certainly affected by a crime, but the wider


community is affected too. Crimes reduce the sense of safety
and security in the community.

d. True. The community does expect offenders who break the law
to be punished in some way. This is not only seen as a way to
discipline offenders, but a way to discourage people from
committing crimes.

e. True. The principles underpinning Australian law are intended to


reflect the values and morals of the community.

 John Wiley & Sons Australia, Ltd


2. A person can be charged with a criminal offence from the age of
ten. This is called the 'age of criminal responsibility' because at
this age it is expected that people know right from wrong and
therefore are liable for their actions.

3. Indictable offences are serious crimes heard in the district and


supreme courts. Examples of indictable offences include armed
robbery, rape, murder, homicide and child abuse.

Summary offences are not as serious as indictable offences and


they are often dealt with by a magistrate in the local court.
Examples of summary offences include minor assaults, petty theft,
vandalism and traffic infringements.

4. The purpose of criminal law is to protect individuals in society and


keep them safe from harm.

5. The steps should be placed in the following order:

 criminal offence committed


 police investigate the crime
 police prosecute
 court imposes a penalty
6.

a. There are a number ways you might have suggested, including:

 punish the parents if the child didn't know it was wrong


 punish the child if they knew it was wrong
 find the child some psychological help
 investigate why the child thought their actions were acceptable.
b. There are a number ways you might have suggested, including:

 punish the parents if the child didn't know it was wrong


 punish the child if they knew it was wrong
 find the child some psychological help
 investigate why the child thought their actions were acceptable.
Ex 4.13 Knowledge and understanding

1. Australia’s laws come from England.

2. The British colonists did not understand the traditional Aboriginal


system of law because it was based on kinship and had no written

 John Wiley & Sons Australia, Ltd


rules, parliaments, courts, police or prisons of the kinds that the
British had.

3.

a. First Nations Australians knew what their laws were because the
laws were passed on in an oral tradition and maintained by a
group of Elders who knew and administered the laws.

b. If someone broke a law they had to meet the victim in public in


the presence of other members of the community. The group
carried out the punishment once a penalty had been given.

c. There was a range of penalties such as banishment or death.

4. Kinship means rules that outline the correct way of living including
everyday situations such as sharing food, marriage, education and
trade.

5. Eddie Mabo won the court case because he was able to prove that
the Murray Islanders had held ongoing occupation and usage of the
land. As a consequence, the Native Title Act was legislated, which
recognised Customary Law and rejected the idea of Terra Nullius.

6. Captain Cook’s arrival had a huge and lasting impact on the ability
of Aboriginal peoples to freely enforce their customary laws. The
new legal system introduced by the British not only brought new
laws but also new values and traditions. The clash between the
two legal systems caused considerable upset, confusion and
disorder.

7. Circle sentencing is when the accused sits down with the victim
and all other people who have been affected by the crime as well
as Elders from the community, legal representatives and a
magistrate. A discussion is held about the crime and its impact and
the suitable punishment is discussed. Circle sentencing may help
Indigenous peoples to access the law in Australia because this
form of sentencing takes into consideration cultural values and
beliefs.
Ex 4.14 Knowledge and understanding

 John Wiley & Sons Australia, Ltd


1. Domestic law refers to the legal systems that are specific to a
country; they are the rules that have to be obeyed by everyone in
the country.

2. International laws are largely enforced by the United Nations.

3. The purpose of international law is to ensure peace between


nations.

4. An argument between two people is very different from an


argument between two countries; the ramifications of an
unresolved conflict between countries could have a serious impact
on a nation’s economy and, in a worst-case scenario, could lead to
war. Having a global organisation that helps countries resolve their
differences or to intervene when necessary can play an important
role in minimising the impact of disputes between countries,
especially the negative effects on their innocent citizens.
Ex 4.15 Knowledge and understanding

1.

a. Access means equal opportunity for all people to make use of


the legal system.

b. Discriminate means that some people are treated differently


based on a variety of reasons such as socioeconomic status,
language, sex, race or religion.

2. Five barriers that people face in accessing the law are cost,
distance, time, procedures and language.

3. ‘Justice delayed is justice denied’ means that if a case is


prolonged for some reason, people will not be treated fairly. For
example, the legal costs will skyrocket which could stop people
from seeking a solution in a court of law.

4. It is important for people to have equal access to the law because


the function of our legal system is to ensure that people’s rights
are protected. This can only happen if all people are able to make
use of the legal system when they need to.

5. Groups that may experience difficulties in accessing equal access


to the law include:

 John Wiley & Sons Australia, Ltd


 People experiencing financial disadvantage
 People with disabilities
 People from non-English speaking backgrounds
 Women
 Aboriginal and Torres Strait Islander peoples
 People who are institutionalised
6. The case is unjust because the boy did not understand the concept
of community service and was sentenced to jail. It would have
been fairer if the boy had been given access to a translator who
could have explained the process.

7. The present legal system unintentionally discriminates against


some people. For example:

 Victims of sexual offences may find it difficult facing the


courtroom and reliving the trauma, and as a consequence may
not seek justice.
 Complex procedures and language can discriminate against
people from non-English-speaking backgrounds or people with
poor literacy skills.
 The cost of accessing the law can discriminate against poor
people.
Ex 4.17 Knowledge and understanding

1. In 1901, the Commonwealth of Australia was formed. This meant


that the country changed from being six separate colonies under
the control of the British monarch to a federation of states with a
central government.

2. The three levels of government are federal, state and local.

3. The purpose of a referendum is to change the Constitution. A


referendum can only be successful if the proposed changes are
supported by a majority of voters in a majority of states.

4.

a. Education and transport — state

b. Mobile — federal; police — state

c. Community parks – local government

d. Income tax – federal

 John Wiley & Sons Australia, Ltd


e. e. Passports – federal

5. By dividing the responsibilities into different levels, we allow for


rules, legislation and issues to be dealt with in accordance with the
section of the population they affect most directly. This allows for
greater flexibility, and the federal government does not become
overburdened with issues that do not concern the whole of the
country. We also have three levels of government because,
historically, all the states and territories were independent
colonies and not one country, and the states did not wish to give up
all their powers.

6. The federal government is responsible for defence and immigration


because these affect the country as a whole. For example, one part
of Australia being invaded would represent a threat to the whole
country. Also, once people have entered Australia, they are free to
move around between states, because there are no regulated
boundaries.
Ex 4.18 Knowledge and understanding

1. One of the basic rights of all people living in a democracy is the


right to pressure for change, either alone or as members of
organised groups.

2.

a. The diggers at the Eureka Stockade demanded political reforms


that eventually led to the principle of ‘one person one vote’,
voting by secret ballot and voting rights for all men aged 21 and
over.

b. The Southern Cross flag represented their protest against


authority.

3. The suffragists fought for women’s right to vote.

4. The introduction of the cybercrime legislation was motivated by


the growing community concern about criminal behaviour like
computer hacking, child pornography, terrorism and copyright
infringement.

5. For:
I do support the new cybercrime legislation because the laws are

 John Wiley & Sons Australia, Ltd


needed to fight ‘new’ crimes that arise with our growing
dependence on and incorporation of technology in our daily
lives. While the law might put civil liberties in jeopardy, it is still
justified as it is for the good of the majority of our population.

Against:
I do not support the new cybercrime legislation because the law
will infringe on the civil liberties of innocent people when their
internet service providers keep track of their movements on the
internet. The law might catch some people who are committing
crimes, but sophisticated cybercriminals will simply develop ways
to mask their movements to avoid this kind of operation. On
balance, the potential erosion of our freedoms from this
surveillance is not worth the few petty online criminals that will be
caught.

6.

a. As a person in the 1890s you might offer the following


arguments for suffrage:

 God gave women brains to be used.


 Women are just as capable of making important decisions as men.
 The laws affect women just as much as they do men.
b. As a person in the 1890s you might have offered the following
arguments against suffrage:

 Women do not have enough education to make such an important


decision.
 Women are better at home duties and looking after children than
making political decisions.
 Women are too emotional to make important political decisions.
7. It is difficult for law-makers to deal with technological change
because technology changes very quickly. In order to make laws
that are effective, the legal system has to be able to keep up with
the changes. The difficulty with this is knowing what type of new
crimes could occur as a consequence of new technologies and
making laws to stop them before they happen.
Ex 4.19 Knowledge and understanding

 John Wiley & Sons Australia, Ltd


1. A politically active citizen is someone who is informed about
social, political and economic issues, and is actively involved in the
political process.

2. Youth advisory councils are a good example of politically active


citizenship because they enable young people between the ages of
12 and 17 to participate in discussions and decision-making
processes in their local community.

3. With $20 000 to help young people, you might have settled on
projects such as building new recreation facilities or fixing existing
equipment like basketball courts; organising a local music
competition to promote young musical acts; or running workshops
in resume writing, finding work or running a small business from
home.

4. Arguments for being an active citizen include:

 You can fight for issues that are important to you.


 You become part of the decision-making process.
 You can lobby for changes to legislation or other issues that affect
you.
 You can make a difference and you get a chance to voice your
opinions.
 You become more informed and aware of what is going on in the
society.
5.

a. The Student Representative Council is like a lobby group


because it tries to influence school management to make
decisions or alter regulations according to the wishes of the
student body.

b. Three things you might suggest to be a more active citizen in


your school community include:

 attending non-compulsory activities


 becoming part of student committees
 running for student leadership, or helping a friend who is running.
Ex 4.20 Knowledge and understanding

1. The stages for constitutional change are:

 John Wiley & Sons Australia, Ltd


 A proposed change to the Constitution must be approved by a
majority of members of both houses of the federal parliament.
 The proposed change is put to the people to vote in a referendum.
 Voters write the word ‘YES’ or ‘NO’ in a box on the voting paper to
signify their support or opposition to the proposed change.
 The proposed change must achieve a double majority for the
referendum to be successful.
 The proposal goes to the Governor-General for approval.
2. Possible sources of proposals for changing the Constitution are:

 States discussing issues and deciding that a particular change


would be valuable.
 Federal government inquiries leading to proposals for change.
 Community pressures the government for change.
3. A double majority prevents the larger states from making laws
without the support from the smaller states and territories. In order
for double majority to be achieved, the majority of voters in at least
four out of the six states have to agree to the proposed change.

4.

a. One argument for making such a change is that it should not be


about states but about what the majority of people want. One
argument against making such a change is that without a double
majority, the interests of the smaller states and territories will be
at risk of losing their voice.

b. While the larger states might have enough votes to get it carried
through as an overall majority of votes, it is unlikely that a majority
of states and territories will agree. The voters in smaller states will
not want their influence diminished.
Ex 4.21 Knowledge and understanding

1. The British Monarch is the head of state in Australia. However,


Australia is governed by three levels of government (federal, state
and local) that have the power to make decisions, have different
responsibilities and are elected by the people in Australia. This
means that the country is a constitutional monarchy.

2. Five key facts about the history and attributes of democracy are:

 Originated in ancient Greece


 All people have equal rights and privileges

 John Wiley & Sons Australia, Ltd


 The power rests with the people
 A voting system
 Based on Greek word demos, meaning people, and kratia, meaning
power to rule
3. The parliament makes the law, the executive administers the laws
and carries out the business of the government, and the judiciary
enforces the law.

It is important to keep these functions separate so that the power


is distributed, thus preventing one part of the government
becoming all powerful.

4. Democracy is a system of government where political power lies


with the people. An autocracy is the direct opposite of a
democracy because it is a government system in which one person
or group holds all the power.

5.

a. Socialism is a system in which all ownership lies in the hands of


the community. Socialist governments prioritise social welfare
and equality of income and wealth.

b. Communism is a system in which the government owns


everything and there is no private ownership. In this system, the
government provides the citizens with all their needs and wants.

c. Monarchy is a system of government in which the king or queen


has total supreme power.

d. Anarchy occurs when the system of government has broken


down and there are no laws or the laws are no longer enforced.

6.

a. The quote means that a democracy works best when the citizens
have ultimate power because they are able to elect
representatives to act on their behalf.

b. This statement means that absolute power without any


constitutional checks and balances can be dangerous. It could
result, for example, in a dictatorship or other autocracy that
would jeopardise the freedoms associated with a properly
constituted democratic form of government.

 John Wiley & Sons Australia, Ltd


Ex 4.22 Knowledge and understanding

1. All citizens over 18 who are of sound mind, have not been
convicted of treason or spent more than three years in jail has the
right to vote in Australia.

2. Australia uses a preferential voting system (House of


Representatives) and proportional representation (Senate).

3. A candidate for the House of Representatives wins if he or she gets


an absolute majority, which means half the number of formal votes
plus one. If no absolute majority is determined after counting first-
preference votes, the voter preferences are counted.

4. The election to the Senate is different from the House of


Representatives because the senators have to win a set proportion
of the votes. If this is not achieved in the first round, the votes for
the person who received the least votes will be distributed
according to other preferences.
Ex 4.23 Knowledge and understanding

1. The main purpose of pressure groups is to try to influence


government decisions by applying pressure to politicians and other
decision makers.

2. Some of the pressure groups that you might be familiar with are
Greenpeace, The Wilderness Society and GetUp!

3. Examples of rights of citizens are:

 freedom of speech both orally and in writing


 freedom of religion
 right to vote and stand for election
 right to be part of a pressure or lobby group
 right to strike or boycott a product or service
 right to participate in a union
 right to leave the country
 right to be a member of a political party.
Examples of responsibilities of citizens are to:

 register on the electoral roll when over 18


 vote in federal, state and local elections
 pay taxes
 obey the law of the land

 John Wiley & Sons Australia, Ltd


 do jury duty if summoned.
4. Some examples of strategies and explanations you might have
given include:

 Protest marches, demonstrations and rallies are effective because


they push the issue in front of people, grabbing their attention and
urging them to get involved and support the issue.
 Letter-writing campaigns and petitions are effective because they
show politicians that many people feel strongly about a particular
issue or decision.
 Staged media events and publicity campaigns are effective
because they can educate many people who may be more inclined
to be involved and have their say.
 Lobbying is effective because pressure groups can bring pressure
to bear on the politicians who make the decisions.
 Making recommendations to the government is effective because
this means that politicians then know what people think and it
helps them to make legislation based on the wishes of the
population.
 Establishing online communities is effective because information
can be spread quickly and easily and people can argue their case
for and against issues to a large audience.
5. A right is something that you are entitled to do whereas
a responsibility entails an obligation to do the right thing. For
example, you have the right to freedom of speech, but it is your
responsibility to ensure that you exercise that right sensibly and do
not defame anyone or incite violence with your words.

6. Sample answer: I think that the right that is the most important is
the right to be protected from discrimination because this is a core
right in providing people have an equal chance to enjoy all of the
opportunities that Australia can offer.

The most important responsibility, in my opinion, is to vote. Active


participation in the electoral system is vital for a democracy to
work, and we can't expect to enjoy all of the benefits and rights if
we don't do our part and fulfil our responsibilities.

7. Your classroom rules or school rules are a good guide for listing
rules and responsibilities. For instance, the rule ‘Don’t
be disruptive in class’ implies that it is the right of all students to
learn and it is the responsibility of students to ensure that they do

 John Wiley & Sons Australia, Ltd


not engage in behaviour that infringes the right of others to learn.
Some of the responsibilities you might have listed include the
following.

Responsibilities

 respect the ideas and views of others in your class


 allow others to learn and complete their work
 do not do anything to make others feel unsafe
 follow your teacher's instructions
 complete your work.
Ex 4.24 Knowledge and understanding

1. A political party is a group of people who join together because


they have the same views about issues they think are important.

2. In order to be registered with the Australian Electoral Commission,


the party must submit its aims with the Electoral Commission and
have at least 500 members who are eligible voters or at least one
member already in Parliament.

3. To ‘form a coalition’ means that two or more parties agree to work


together and, hence, gain the majority of the votes. One example is
the Australian Liberal and National parties who often work as a
coalition.

4. The Liberal Party forms a coalition with the Nationals because they
have many mutual aims and goals, such as reducing government
spending and interference in society, and encouraging the growth
of Australian businesses. The Liberal Party would not join with the
Labor Party because that party wants to ensure that wealth and
power are more evenly shared in society, and believes that
government has a responsibility to look after the people. It is
unlikely that the Greens will win enough seats to form government
because their focus is a bit too narrow. They might also alienate
wealthy and powerful business leaders in the Liberal Party with
some of their policies.

5. The National Party of Australia generally represents the interests


of people in rural and regional Australia.

 John Wiley & Sons Australia, Ltd


6. To have the balance of power means that the individual or party
has a casting vote. This gives them better bargaining power
because they decide whether a vote on a bill is successful or not.

7. Your answer might have taken some of the following into account:

 what is your view on social justice and welfare?


 what is your view of government funding for education, health and
community services?
 what is your view of government intervention in the daily lives of
citizens?
 what is your view of government intervention in the business
sector?
 what is your view of the role of government in making laws that
govern daily life?
 how important is conserving the environment?
8.

a. The Labor Party did not win in Election A, although they won the
most seats, because the Liberals and Nationals were in a
coalition and, as a consequence, got more seats than the Labor
Party.

b. The Liberals lost 14 seats and the National Party gained 6. That
means that the Liberal–National coalition lost 8 seats in total.

c. The Labor Party won in Election C because it gained an overall


majority of seats, considering the coalition had been disbanded.
Ex 4.25 Knowledge and understanding

1. In order to achieve an absolute majority, a party has to win the


majority of seats in the House of Representatives.

2.

a. The party that has achieved absolute majority in the House of


Representatives or has formed a minority government is the
new government.

b. The opposition is the party that did not win in the election.

c. The leader of the winning party becomes prime minister.

d. The leader of the party that did not win becomes leader of the
opposition.

 John Wiley & Sons Australia, Ltd


e. People within the winning party are given ministerial positions by
the prime minister, based on their area of expertise and
capabilities.

f. Members of the parties that did not win become shadow


ministers, scrutinising the new ministers and taking part in
regular debates.

3. A hung parliament means that neither side is in a position to form a


government on its own. If, in this situation, minority parties decide
to join a larger party, they can form a minority government.

4. Preferences are important in counting House of Representative


votes because when no candidate has won based on first-
preference votes, other voter preferences are counted.

5. The votes are transferred because it is impossible to distinguish


between votes that elected the candidate and which ones were
surplus. As such, all votes are transferred.

6. In order to win in the Senate, a candidate has to win according to


the following process.

7. Formal ballot papers are divided by the number of senators to be


elected +1. This is known as the Senate quota. Once quota has
been reached after first preference voting, the surplus is divided by
the number of votes per candidate. This is known as the transfer
value. The transfer value will be added to the candidate’s first
preference counts.

An alternate explanation is as follows:

Ying gets a quota on first-preference votes. She gives any extra


votes she gets to other candidates in the order in which voters
stated their second preferences. But, these votes are given at less
than their full value. This proportional value is worked out by
multiplying them by a decimal called a transfer value. The transfer
value for Ying is the number of her surplus votes (49 999) divided by
the number of her first preference votes (350 000) — that is, it is
0.143.

Anna now has a quota and 2289 surplus votes. These are passed on
in a similar way to Ying’s votes, but at a transfer value of 0.008
(2289 divided by 298 000).

 John Wiley & Sons Australia, Ltd


If six senators do not achieve a quota by passing surplus votes on,
the candidate with the fewest first preference votes — Peter — is
eliminated. His votes are given to those candidates who remain on
the basis of preferences. His votes are given at their full value. This
process may then be repeated with the next lowest candidate.

The total number of votes were 90 000. This means that the
candidate has to reach a total of 45 001 votes to win.

None of the candidates received more than half of the votes.


Therefore, the second preferences will be counted.

The first person’s votes to be added are Tran’s because he received


the least amount of first preference votes.

After this, Michael’s votes will be transferred because neither of


the two remaining candidates has a majority.

However, even after this there is no winner so Jan’s votes have to


be counted.

This makes Ahmed the winner based on second preference votes.

 John Wiley & Sons Australia, Ltd


First preference votes

Candidate Ahmed Michael Jan Tran

Votes 32 000 21 000 29 000 8000

Second preferences distribution

1st 32 000 21 000 29 000 8000


preference

2nd 3000 11 000 5000


preference (Tran) (Jan) (Tran)

8000 13 000
(Michael) (Michael)

18 000
(Jan)

Total votes 58 000


(Winner)

8. The cabinet can have real power with a strong majority in both
houses, but the level of power depends on the voting majority of
the governing party in each house. Because legislation has to pass
through both houses, the cabinet cannot make legislation on its
own. However, the cabinet can influence the decision-making
process.

9. The power to the prime minister should be restricted to some


extent. A prime minister with unlimited or only loosely controlled
powers might lead to legislation passing based on the personal
attitudes of the prime minster rather than that of the government
as a whole. For the same reason, there also needs to be some
controls of mechanisms by which a prime minister can be replaced.

 John Wiley & Sons Australia, Ltd


10. Sources of influence that you may have listed include:

 attitudes and beliefs from within the party


 attitudes and beliefs of voters
 election promises
 pressure groups
 issues in the media.
Ex 4. 26 Knowledge and understanding

1.

a. The legislative arm is the Parliament (House of Representatives


and the Senate). It has the power to make new laws and change
existing ones, for example changing immigration laws.

b. The executive arm is made up of the ministers who administer


laws relating to their specific area. They put the laws into action,
for example implementing a new income tax policy.

c. The judicial arm includes the courts that enforce the laws, and
all parts of our legal system. An example is the High Court
interpreting the Constitution to determine whether new
legislation is legal.

2.

a. Federal government responsibilities include employment, trade,


defence, airports, immigration, pensions, taxation, shipping,
Aboriginal welfare, foreign affairs, health (Medicare), education
(universities/colleges/grants for schools).

b. State government responsibilities include health (hospitals),


police services, tourism, housing, state roads, education
(primary/secondary), Aboriginal welfare, environment protection.

c. Local government responsibilities include town planning, streets


and bridges, water supply, swimming pools, public libraries,
education (kindergarten), rubbish collection, needs of towns and
cities.

3. Separation of powers refers to how government functions are


shared across the three arms: legislative, executive and judicial.
The division of powers refers to how the federal, state and local

 John Wiley & Sons Australia, Ltd


governments are divided and provided with different roles so that
the country as a whole can function.

4. The Governor-General chairs the executive arm in the government.


He or she also represents the British monarch as head of state and
as such approves bills voted on by both houses of parliament.

5.

a. The legislative arm

b. The executive arm

c. The judicial arm

d. The executive arm

6. The separation of powers provides a system of checks and


balances on the power of government, so I think it's a very
important safeguard of our rights and freedoms in Australia.
Without checks and balances, it is easier for one person or party to
gain too much power and abuse their position. This could lead to
decisions being made that are not in the interests of the Australian
public as a whole. The consequences of this imbalance of power
could be the erosion or removal of rights and freedoms that are
considered to be central to Australian culture and democracy.
Ex 4.29 Multiple choice quiz (Ex 2)

1. D
The High Court is the only court in Australia that hears cases
concerning interpretations of the Australian Constitution.

2. A

Common law is determined by judges' previous decisions.

3. B

A precedent is a legal decision that sets a pattern for future


rulings in similar cases.

4. B

The Australian Labor Party is the oldest political party in


Australia.

 John Wiley & Sons Australia, Ltd


5. D

A criminal jury has 12 members.

6. B

The upper house in the Australian federal parliament is called


the Senate. The upper house of state parliaments is the Legislative
Council.

7. C

A statute is a law passed by parliament.

8. C

The Supreme Court hears appeals of decisions handed down in


the District Court.

9. A

Cost of obtaining legal advice and lengthy trials are factors that
can create barriers to accessing the law.

10. C

The District Court hears appeals from the Local Court.

11. C

Proportional representation is the system used for electing


Senators.

12. C

Public law included breach of contract suits.

13. C

There are not six parliaments in Australia. Each of the six states
have their own parliament, and so do the Northern Territory and the
ACT.

14. D

All of these groups are examples of pressure groups.

15. B

 John Wiley & Sons Australia, Ltd


The final decision in a case is made by more than one person when
there is a jury involved. This is a definite advantage of the system.

16. A

A jury hears the evidence presented in a trial and delivers a verdict


based on this evidence.

17. C

Australia does not have a legal system that began in the United
States of America, it began in Britain.

18. D

The prime minister is not a member of the Senate, she or he must


be a member of the House of Representatives.

19. B

Negligence is not part of private law.

20. D

Murder, child abuse and armed robbery are all indictable offences.

21. B

It is true that during the second reading the responsible minister


describes the main purpose and likely benefits of the bill.

22. C

There are two houses of federal parliament — an upper house and


a lower house; however, the upper house is called the Senate and
the lower house is called the House of Representatives.

 John Wiley & Sons Australia, Ltd


Ex 4.29 Knowledge and understanding (Ex 3)

1.

The party that commences a civil action plaintiff

A process to determine whether someone committed a


trial
criminal act or caused another person a loss

An application for a legal decision to be reviewed in a


appeal
higher court

To bring a civil action against another person for causing


sue
damage or injury

Disorder or confusion due to the absence of government


anarchy
or laws

beyond
The standard of proof required in a criminal trial reasonable
doubt

A court official who hears cases in the lowest court of


magistrate
law

To release an accused person who is awaiting trial.


Another person usually guarantees to pay a large sum of
bail
money if the accused does not later appear in court on a
certain date.

A court official who has the power to make decisions on


judge
matters brought before a court of law

A hearing in a Local Court to decide whether there is


committal
enough evidence to put a person on trial for an indictable
hearing
(serious) offence

2. If a society has too few laws, it can cause confusion and disorder
leading to anarchy and the strong ruling over the weak. However, if
a country has too many rules, it can infringe on basic human rights.

 John Wiley & Sons Australia, Ltd


3. The rules at home are different because the consequences of
breaking the rules are determined and carried out by a parent or
guardian and are not dealt with in a court of law.

4. The role of the court is to help resolve disputes and to reach a


verdict in criminal cases.

5. The court hierarchy is necessary for the system of appeals to


operate because it establishes a chain of authority between the
courts that allows the courts at the top to review decisions made
by the lower courts.

6.

a. Criminal law deals with criminal behaviour and the cases are
brought to court by the state (that is, police or representatives
from the government). Civil law deals with non-criminal matters
and allows for individuals to bring forward cases against
members of the public for civil wrongs done to them.

b. Indictable offences are very serious criminal offences such as


robbery, murder and rape that are heard by the District and
Supreme Courts. Summary offences are less serious crimes
such as petty theft, vandalism and traffic offences, which are
heard by the local courts.

c. Statute law refers to laws made by Parliament and written down


in Acts, whereas common law is a system of law based on the
previous decisions of judges, or precedents.

7. Murder: Our society values human life and, therefore, very harsh
punishments exist for people who commit murder.

Drink driving: Our society takes the responsibility of driving very


seriously and, as a consequence, one of the punishments for
driving under the influence is loss of licence. In other words, the
privilege of driving is taken away from an irresponsible driver.

8. Laws can be changed in three ways. Judges make new laws when
they encounter new disputes they need to resolve. High Court
judges interpret words in the Constitution. People apply pressure
to the government to change an existing law.

 John Wiley & Sons Australia, Ltd


9. People who may have difficulties achieving equal access to the law
include:

 people who are financially disadvantaged


 people with disabilities
 people from non-English-speaking backgrounds
 women
 Aboriginal and Torres Strait Islander peoples
 people who are institutionalised.
10. The role of our legal system is to provide justice for all people
and to help our society deal with injustices and find solutions to
civil disputes and resolve criminal matters. As such, the legal
system has failed in its duty if it discriminates against people.

11. Sample response agreeing:

Yes, this is appropriate because the punishment provides a


deterrent for the 12-year-old and others, which means less chance
of re-offending (or offending).

Sample response disagreeing:

No, it is not an appropriate punishment because the 12-year-old


could possibly be harmed emotionally or physically.

12. Australia is governed by three levels of government (federal,


state and local) that have the power to make decisions, have
different responsibilities and are elected by the people in
Australia. The federal government controls those things that affect
us all, regardless of where in Australia we live. The money the
federal government needs to spend on the areas they are in charge
of is mainly raised from taxation of people and businesses. The
state government controls those things that affect citizens within
their individual state and that is not already a responsibility of the
federal government. The local government areas (LGA) operate
under state government legislation and can only make rules, called
by-laws, on local issues.

13. A referendum is a vote regarding a proposed change to the


Constitution. A referendum can only be accepted if the proposed
changes are supported by a majority of voters in a majority of
states.

 John Wiley & Sons Australia, Ltd


14. A politically active citizen is someone who is informed about
social, political and economic issues and is actively involved in the
political process.

15. Jurors listen to the evidence submitted from both sides and
decide whether the accused is guilty (in a criminal trial) or how
much money should be paid for damages (in a civil trial).

a. Counsel for the defence represents the accused. In a guilty plea,


the defence tries to lessen the punishment; in a non-guilty plea,
the defence attempts to convince the judge or jury that the
defendant is innocent.

b. The solicitor gives legal advice and draws up legal documents.

c. The prosecutor tries to convince the jury that a person is guilty.

d. The tipstaff helps the judge keep order in the court.

e. The witness provides information relevant to the case.

f. The court reporter makes word-for-word records of the court


case.

g. The judge’s associate is a trained lawyer and takes care of the


paperwork relating to the trial.

h. The judge listens to the arguments presented by both sides,


decides on a verdict (if no jury is present) and pronounces
sentence.

i. The prison officer brings the accused into the courtroom.

j. The accused listens to the evidence and cooperates with the


counsel for the defence.
Ex 4.29 Challenge your understanding (Ex 4)

1. Your answer should consider the laws that restrict your lives and
what powers you have or will get when you turn 18. For instance,
the right to vote is one of the most important things you can do to
partake in the decision-making process. However, before you can
vote, you can join pressure groups or youth organisations. You also
have the right to hold your own views and values and vote
according to those. You also have the ability to lobby politicians
directly.

 John Wiley & Sons Australia, Ltd


2. Some examples of ways individuals and groups can influence
government decisions include:

 lobbying
 emailing or writing to members of parliament or local members
 joining pressure groups
 partaking in demonstrations.
3. In a ‘first past the post’ voting system, you only give one vote and
the person with the biggest number of votes win. In a preferential
voting system, you need to gain a majority and, as such, the
preferences are counted in order to determine who has one.

4. In a monarchy, the King or Queen has absolute power. A


constitutional monarchy, on the other hand, limits the power of the
monarch through a set of laws.

5. Statistics relating to Indigenous peoples may have been a reason


for the judicial arm considering circle sentencing and other means
to decrease Indigenous people ending up in the legal system. The
Native Title Act was also a stepping stone for accepting customary
law; this has influenced government policies. Pressure groups have
also added to an increased understanding of Indigenous cultures.

6. Australia would change if the separation of powers did not exist


and all power was placed on the prime minster or one party.
Without the separation of powers, it would be easy for a party to
get legislation through that is not supported by the majority of
people in Australia. It could lead to voices being minimised or
democratic rights being violated.

 John Wiley & Sons Australia, Ltd

You might also like