Legal Studies Preliminary Revision

Vocabulary flashcards providing definitions for legislation, landmark legal cases, human rights declarations, international treaties, and news items for Legal Studies preliminary revision.

Section 51 (Cth Constitution)

Lists the specific law-making powers of the federal Parliament; the basis for how power is divided between the Commonwealth and the states.

Crimes Act 1900 (NSW)

NSW's main criminal statute, setting out offences like murder, assault and theft, plus criminal procedure.

Criminal Code Act 1995 (Cth)

Codifies Commonwealth criminal offences, e.g. terrorism, cybercrime and offences against federal law.

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Known as LEPRA; sets out NSW police powers (search, arrest, detention) and the safeguards individuals are entitled to.

Roach v Electoral Commissioner (2007) HC

High Court case striking down a law banning all prisoners from voting, holding it breached the constitutional requirement of a directly chosen Parliament.

Donoghue v Stevenson [1932]

Foundational UK case establishing the modern law of negligence and the "neighbour principle" (duty of care).

Paris Agreement

2015 international treaty under the UNFCCC committing countries to limit global warming.

R v Dawson [2022]

Chris Dawson's murder trial for killing his wife Lynette (body never found); tried by judge alone due to intense media coverage from "The Teacher's Pet" podcast.

R v Lane [2011]

Keli Lane convicted of murdering her newborn daughter Tegan (body never found); a key circumstantial evidence and "consciousness of guilt" case.

Marriage Act 1961 (Cth)

Commonwealth law setting out the legal requirements for a valid marriage in Australia.

Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)

Amended the Marriage Act to redefine marriage as between two people, legalising same-sex marriage after the 2017 postal survey; added religious protections for celebrants.

Young Offenders Act 1997 (NSW)

Provides diversionary alternatives to court for young offenders — warnings, cautions and youth justice conferences.

Education Act 1990 (NSW) s2

Sets out the objects of the Act, including that every child has a right to education and outlining the state's role in providing and regulating schooling.

Racial Discrimination Act 1975 (Cth)

Makes racial discrimination unlawful in Australia, giving effect to Australia's obligations under CERD.

Disability Discrimination Act 1992 (Cth)

Makes discrimination on the basis of disability unlawful in areas like employment and education.

Sex Discrimination Act 1984 (Cth)

Makes discrimination on the basis of sex, marital status or pregnancy unlawful.

Dietrich v R (1992) HCA 57

High Court held that an indigent accused facing serious charges may be entitled to an adjournment if unable to obtain legal representation, to ensure a fair trial.

Mabo v Queensland (No 2) (1992) HCA

Landmark case recognising native title in Australian law and overturning the doctrine of terra nullius.

Fair Work Act 2009 (Cth)

Main Commonwealth law governing employment relations, including the National Employment Standards and unfair dismissal protections.

Attalla v State of NSW [2018] NSWDC 190

Man unlawfully strip-searched and arrested by NSW Police without reasonable suspicion; illustrates limits on police powers under LEPRA.

Smoke-free Environment Act 2000 (NSW)

Regulates smoking in enclosed public places and other designated smoke-free areas in NSW.

Land Acquisition (Just Terms Compensation) Act 1991 (NSW)

Governs compulsory acquisition of land by NSW authorities, requiring fair ("just terms") compensation to owners.

WestConnex land acquisition coverage (SMH)

News coverage of the WestConnex tollway project, focused on controversial compulsory land acquisitions, cost blowouts and community opposition.

Article 17, UDHR

Universal Declaration of Human Rights provision protecting the right to own property and not be arbitrarily deprived of it.

Purvis v State of NSW (2003) HCA 62

High Court case on disability discrimination; found a school's expulsion of a violent student with a disability wasn't unlawful because a student without the disability behaving the same way would have been treated the same (the "comparator" test).

Bunnings face mask/human rights story

COVID-era news story of a customer refusing a Bunnings mask mandate, claiming it breached her human rights — often cited to show public misunderstanding of the scope of human rights law.

Eatock v Bolt (2011) FCA

Federal Court found columnist Andrew Bolt breached the Racial Discrimination Act by implying fair-skinned Aboriginal people identified as Aboriginal for personal gain; landmark racial vilification (s18C) case.

Defamation Act 2005 (NSW)

Governs defamation law in NSW under the uniform national scheme, including defences like truth and honest opinion.

OHCHR Dashboard

Online reporting tool from the UN Office of the High Commissioner for Human Rights tracking treaty ratifications and country compliance.

Australian Federal Police Act 1979 (Cth)

Establishes the Australian Federal Police and defines its functions and powers.

Australian Security Intelligence Organisation Act 1979 (Cth)

Establishes ASIO and its intelligence-gathering powers, including special powers in terrorism-related matters.

Australian Crime Commission Act 2002 (Cth)

Established a national body (predecessor to the Australian Criminal Intelligence Commission) with coercive powers to investigate serious organised crime.

Police Act 1990 (NSW)

Establishes the NSW Police Force and sets out its structure and functions.

Cadia gold mine EPA probe

News story on the NSW EPA investigating heavy metal contamination in a creek near the Cadia gold mine — illustrates environmental law enforcement powers.

Chatime Australia worker exploitation fine

News story on Chatime being penalised for underpaying vulnerable workers, illustrating Fair Work Act enforcement.

"Bundle of Joyce" (Daily Telegraph, 2018)

Front-page story exposing Deputy PM Barnaby Joyce's affair with a pregnant staffer; sparked debate over media intrusion into politicians' private lives vs public interest.

Cybercrime Act 2001 (Cth)

Amended the Criminal Code to create Commonwealth computer offences, e.g. unauthorised access to or modification of data.

Section 193B(3), Crimes Act 1900 (NSW)

Money laundering offence: dealing with proceeds of crime while reckless as to whether it is proceeds of crime, carrying up to 10 years' imprisonment.

Spam Act 2003 (Cth)

Regulates unsolicited commercial electronic messages, requiring consent, sender identification and a working unsubscribe function.

Spam (Consequential Amendments) Act 2003 (Cth)

Made related amendments to other legislation to support the operation of the Spam Act 2003.

Telecommunications Act 1997 (Cth)

Primary law regulating Australia's telecommunications industry, including carrier licensing and consumer protections.

Australian Communications Authority Act 1997 (Cth)

Established the ACA, the telecommunications regulator that later merged with the ABA in 2005 to form the ACMA.

BetDeluxe spam penalty (2023)

ACMA fined online bookmaker BetDeluxe over $50,000 for sending SMS marketing without a working unsubscribe option, breaching the Spam Act.

No Body, No Parole Act 2022 (NSW)

Requires the NSW Parole Authority to refuse parole to convicted killers who don't cooperate in revealing a victim's remains; passed after the Dawson and Lane cases.

Privacy Act 1988 (Cth)

Main Commonwealth law regulating handling of personal information, including the Australian Privacy Principles.

Cybercrime Legislation Amendment Act 2012 (Cth)

Strengthened police powers to access stored communications and data, implementing Australia's obligations under the Budapest Convention on Cybercrime.

Cyber Security Act 2024 (Cth)

Australia's first standalone cyber security law; introduced mandatory ransomware payment reporting and a Cyber Incident Review Board.

Telecommunications (Interception and Access) Act 1979 (Cth)

Regulates when law enforcement and security agencies may lawfully intercept telecommunications or access stored data.

Broadcasting Services Act 1992 (Cth)

Regulates Australian broadcasting services, including licensing and content standards.

Online Safety Act 2021 (Cth)

Gives the eSafety Commissioner power to act on cyberbullying, cyber-abuse and harmful online content, including removal notices.

WIPO / Patent Cooperation Treaty

World Intellectual Property Organization treaty allowing a single international patent application to seek protection in multiple countries.

ICANN

Internet Corporation for Assigned Names and Numbers; the non-profit body coordinating the global domain name system and IP address allocation.

IANA

Internet Assigned Numbers Authority; operates under ICANN, coordinating IP address allocation, the DNS root zone and protocol parameters.

Bradley Paul Hampson Facebook case

First Australian jailed for online "trolling" (2011), after posting offensive material on Facebook tribute pages for two deceased children; shows carriage service offences applied to online harassment.

Evidence Amendment (Journalist Privilege) Act 2011 (NSW)

Introduced NSW "shield laws" giving journalists a rebuttable privilege to refuse to reveal confidential sources in court.

Article 14, UDHR (1948)

Protects the right to seek and enjoy asylum from persecution in other countries.

Vienna Convention on Diplomatic Relations (1961)

International treaty codifying diplomatic relations, including diplomatic immunity and inviolability of embassy premises.

Diplomatic and Consular Premises Act 1987 (UK)

UK law allowing revocation of a building's diplomatic status in limited circumstances, passed after the 1984 Libyan Embassy shooting in London.