Legal UNIT 3 NOTES
AOS 1
5 PRINCIPLES OF THE AUSTRALIAN PARLIAMENTARY SYSTEM
1. REPRESENTATIVE GOVERNMENT:
Elected members of govt. must represent the views of the people that voted them in (in their electorate or region) and act on their behalf
HOW
Rep govt. is achieved through elections, government voted in represents the views of the majority of people who voted
Members of govt. come from the party with the majority members elected (via the exhaustive preferential system) into the lower house. EG. DECRIMINLALISATION OF ABORTION 2008 REPRESENTS VIEWS
FOR CWTH ONLY Bicameral structure of parliament provides for rep govt.
UPPER HOUSE = EQUAL REP OF EACH STATE REGION
LOWER HOUSE = REPRESENTATION OF MAJORITY OF POPULATION
Members not performing duties in alignment with people’s views and values, removed from office at the next election
2. RESPONSIBLE GOVERNMENT:
Ministers appointed from to form cabinet, responsible for individual portfolios (eg. Health minister), accountable also
Public scrutiny must be allowed, sittings open to public, recorded in ‘Hansard’, media scrutiny ---- forces a responsive govt.
Govt is answerable to the parliament and therefore the people
Must answer all questions during question time, annual reports are tabled in parliament, parliamentary committees are formed
Can be forced to resign if unable to justify actions in accordance w community
3. SEPERATION OF POWERS L E J
1. Legislative power is separated and not centralised to reduce the risk of power being abused by one body
LEGISLATIVE POWER – The power to create laws is given to the parliament (at state level to state parl.).
EXECITIVE POWER – The power to create policies and deal with the administration of laws in theory falls with the Governor General, however in practice, GG elects specific ministers who then become responsible for the executive power. (overlap in power, weakness??)
JUDICIAL – The power of interpreting and applying the law falls with the courts.
4. AND 5. STRUCTURE AND ROLE OF VIC AND CWTH PARLIAMENT
CROWN – Governor General
Constitutional monarch
To sign off bills seeking royal assent once they have passed both houses of parliament

CROWN – Governor
Constitutional monarch
To sign off bills seeking royal assent once they have passed both houses of parliament
Dissolve parliament
UPPER HOUSE – Legislative Council
40 members, 8 regions, 4 year terms
Can introduce bills (uncommon)
House of review, scrutinise govt.
Minor parties often hold balance of power, govt doesn’t have majority in upper house
CANNOT BLOCK SUPPLY (appropriation bills)
UPPER HOUSE
76 members, 12 members per state 2 per territory, 6 year terms (proportional voting system)
Can introduce bills (uncommon)
House of review, scrutinise govt.
Minor parties often hold balance of power, govt doesn’t have majority in upper house
STATES HOUSE (equal rep of states)
CAN BLOCK SUPPLY (appropriation bills)
LOWER HOUSE – Legislative Assembly
88 members, maj forms govt, 4 year terms
Make laws (introduce most bills)
Appropriation bills must be introduced in lower house
Determine government.
LOWER HOUSE – House of Representatives
150 members (one per electorate), maj members for govt, 3 year terms
Make laws (introduce most bills)
Appropriation bills must be introduced in lower house
Determine government.
REASONS WHY THE LAW MAY NEED TO CHANGE
1. CHANGES IN TECHNOLOGY:
To avoid the law struggling behind and becoming irrelevant, eg Upskirting Act 2007 (Vic) which addressed the privacy in the use of mobile phones
2. CHANGES IN VIEWS AND VALUES:
Public defy or protest, eg Decriminalisation of Abortion 2008
3. TO IMPROVE LEGAL SYSTEM:
To improve excessive costs & delays, Koori Court in the Melbourne County Court 2013 culturally sensitive way of dealing with indigenous offenders cutting time taken, more accessible.
4. CHANGES IN INTERNATIONAL RELATIONS:
Protect individuals from new forms of harm, eg Anti-Terrorism