Civics and Justice: MUST-KNOWS / BASES

What is the Australian Constitution?

A set of supreme laws by which Australia is run; it can overrule all other laws.

When was the Australian Constitution passed?

1900, after ten years of negotiations by the premiers of the six colonies.

Why was the Australian Constitution created?

To serve the interests of all the states and the citizens of Australia.

What does it mean that the Constitution is supreme?

It is the highest law and can overrule other laws.

Why does the High Court interpret the Constitution?

The Constitution could not anticipate all future changes to Australian society, so the High Court applies it to current issues.

What is an express right?

A right that is clearly written in the Constitution.

What is an implied right?

A right inferred from what is written in the Constitution, even though it is not directly stated.

Give an example of an express right in the Constitution.

Freedom of religion, no state discrimination, just compensation for property, or trial by jury for serious crimes.

What does freedom of religion mean?

The government cannot force or ban a religion.

What does no state discrimination mean?

People cannot be treated differently because they are from another state.

What does just compensation for property mean?

If the government acquires your land, it must pay a fair price.

What does trial by jury mean?

If accused of a serious crime, a person is judged by fellow Australians rather than only one judge.

What implied right did the High Court recognise in Theophanous v Herald and Weekly Times (1994)?

The implied freedom to discuss and criticise politicians and political matters.

Why did the High Court recognise an implied freedom of political communication?

People need to be able to discuss and criticise politicians in order to properly choose their representatives.

What is a mandate?

The right and responsibility a government gains after winning an election to set the policy agenda for Australia.

What does parliamentary debate involve?

MPs from the government, Opposition and minor parties discussing national issues and laws.

What is Question Time?

Scheduled time when MPs question ministers and other members of Parliament.

What is the purpose of Question Time for the Opposition?

To hold the Prime Minister and Cabinet accountable for their decisions.

What is a Dorothy Dixer?

A planted question from a government MP to a minister, designed to let the minister promote government policy.

Who is the Prime Minister in the House of Representatives?

The leader of the ruling party and the government.

Who are frontbenchers?

Ministers of the Cabinet.

Who are backbenchers?

Inexperienced MPs who are not ministers.

What are specific powers?

Areas in which only the Commonwealth Parliament can make laws.

Give examples of specific powers.

Marriage and divorce, currency, taxes, trade and defence.

What are residual powers?

Powers retained by state parliaments.

Give an example of a residual power.

Learner driver permits or probationary licences.

What are concurrent powers?

Areas in which both federal and state parliaments can make laws.

What happens if Commonwealth and state laws conflict in a concurrent area?

The Commonwealth law prevails.

Which court resolves disputes between federal and state governments?

The High Court of Australia.

How many justices sit on the High Court?

Seven justices.

Until what age do High Court justices serve?

Until age 70.

What are barriers to access to justice?

Lack of legal knowledge, intimidation, cost and language difficulties.

How does the presumption of innocence promote fairness?

An accused person is innocent until the prosecution proves guilt beyond reasonable doubt.

How does the right to silence promote fairness?

The accused does not have to prove their innocence; the prosecution must prove guilt.

Why are strict evidence rules used?

To ensure decisions are based on reliable facts and are fair.

What is alternative dispute resolution?

Mediation, conciliation or arbitration used to resolve disputes more quickly and cheaply than going to court.

What are summary offences?

Less serious offences, such as petty theft and traffic offences, usually dealt with quickly in the Magistrates’ Court.

What are indictable offences?

Serious offences, such as murder, rape and child abuse, heard in higher courts with a jury.

What is an adversarial system?

A legal system where two opposing sides present their arguments and evidence to a judge or jury.

What does liable mean in a civil case?

Legally responsible for the harm or loss.

What is an injunction?

A court order requiring someone to do, or stop doing, something.

What happens after a guilty plea or guilty verdict for an indictable offence?

A plea hearing is followed by a sentencing hearing.

What happens when an accused is found not guilty on all charges?

They are acquitted.

What happens during a jury deliberation?

The jury considers the evidence and decides whether the accused is guilty or not guilty.

Why might someone choose a tribunal rather than a court?

Tribunals are less formal, more timely and more cost-effective.

What is the first way VCAT tries to resolve a case?

It tries to get the parties to agree through mediation.

What can VCAT issue after making a decision?

An order for compensation or an injunction.