Australian Politics / Law

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40 Terms

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Laws

Legal rules made by a legal authority that are enforceable.

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Rules

Made by private individuals/groups in society.

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Principles of justice

  • Fairness

  • Equality

  • Access

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Fairness

Means that all people can participate in the justice system. The justice system should be impartial and open.

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Equality

All people in the justice system are treated in the same way.

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Access

All people should be able to participate and use the justice system.

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Characteristics of an Effective Law

  • Reflect society’s values

  • Be enforceable

  • Be known

  • Be clear and understood

  • Be stable

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Levels of Government

  • Federal

  • State

  • Local

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Federal Government

The parliament makes laws for the whole of Australia and is based out of Canberra.

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The Federal Government takes care of:

  • Post, telephones and the internet

  • Money

  • Immigration

  • Defence

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State Government

Each of the leaders of the six states and two territories make laws for their state or territory.

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The State Government takes care of:

  • Public transport

  • Schools

  • Hospitals

  • Public housing

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Local Government

Look after the particular needs of a city or local community and make local laws.

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The Local Government takes care of:

  • Rubbish collection and recycling

  • Parks, sports fields and swimming pools

  • Pet control

  • Parking

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When do we get a federal election?

Every three years

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How government is formed

Whoever wins 76 seats or more in the House of Representatives gets to be ‘in government’.

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What does The Australian Labor Party typically focus on?

They typically focus on workers’ rights and middle-class issues.

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The Labor Party care for causes such as:

  • Workers getting paid better wages

  • Workers getting paid more for working overtime and on holidays 

  • Taxing businesses more, so they can redistribute money into roads, hospitals and schools

  • Generally focussed on health, education, infrastructure and Australian industry.

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What does The Liberal Party of Australia typically focus on?

Freedom and traditional values.

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The Liberal Party of Australia care for causes such as:

  • Freedom of speech

  • Strict law and order policies

  • Support for individual ownership of private property

  • Less rules and regulations on business

  • Lower taxes, to support business and personal wealth

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The Australians Greens policies are based around:

  • Environment and climate change
    action

  • Expanding social welfare

  • taxing large corporations

  • Indigenous rights

  • Reducing the cost of healthcare and education.

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National Party of Australia policies are based around:

  • Supporting farming and agriculture

  • Regional infrastructure, health and education

  • Traditional, family values

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Media bias

A democratic system relies on individuals being able to make informed decisions about who they vote for.

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Is the media impartial?

the media is not impartial. Perceived bias or political leanings.

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Referendums

A national vote on a question about a proposed change to the Constitution.

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How old do you have to be to vote for the Referendum?

18

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What does a referendum need to pass

Double majority, meaning:

  1. It needs a national majority of voters
    - I.e. over 50% of all Australians

AND

  1. A majority of voters in a majority of the states
    - I.e. over 50% of people in at least 4 of the 6 states

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Classical criminology suggests that

A criminal is someone with free will

They make these choices on a cost-benefit analysis

E.g. is doing something illegal worthwhile? If I can rob a bank and make $10 million without any consequence → why wouldn’t I?

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Modern criminology theory suggests that:

Criminal behaviours are learned behaviours and Behaviours are reinforced

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What does Social bond theory look at?

Why don’t we do crimes?

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What are the 4 elements of Social bond theory?

Attachment, Commitment, Involvement, Belief

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Labelling theory suggests

assigning of labels to individuals or certain groups can have an effect on their future behaviour.

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Labelling theories two key components:

  1. Primary deviance - doing an illegal act.

  2. Secondary deviance - where a person embodies their label as a means of defense or attack.

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Feminist criminology

females were seen as ‘doubly deviant’ as they were

  1. breaking the law and

  2. going against their gender roles.

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Can a PSO Search you?

Yes, A PSO can search you and your car for spray paint, markers and other graffiti tools if you are 14 years old or older or look over 14, they can also search you for drugs or weapons.

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Do I have to give PSOs my name and address?

Yes, PSOs can ask for your name and address around train stations.

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Other PSO Powers

  • arrest you if they think you broke the law or are drunk and disorderly

  • take alcohol from you if you’re under 18

  • tell you to move on if you’re disturbing, annoying or making other people unsafe 

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What is forensics?

methods and processes used to collect, analyse, and interpret evidence in order to assist in investigations and legal proceedings.

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Why do we need DNA evidence?

DNA evidence can establish that a person is responsible for a serious crime if she/he leaves behind traces of DNA

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What are the two main types of forensic samples?

  • Non-intimate - hair sample, matter from under fingernail, external body swabs.

  • Intimate - blood sample, sample of pubic hair, scraping from the mouth, genital swab.