Commerce Task 1 Notes 2025

4.2 Reasons for Laws

• Without rules, society would descend into chaos.

• Rules are essential for creating and maintaining order within a society.

• Effective rules are crucial; otherwise, they are rendered useless.

• Every country has laws that reflect its beliefs, attitudes, and culture.

• Most Australian laws are enacted by federal and state parliaments, which is their primary function.

Laws vs rules

Reasons for Laws in Society

• Without laws, confusion and chaos would ensue, potentially leading to anarchy.

• The strongest individuals would dominate, and the vulnerable would suffer.

• Obeying the law creates order, allowing people to live peacefully.

• A balance between too many and too few laws is crucial for societal harmony.

  • Too many laws restrict freedom, while too few lead to chaos.

Four Main Roles of Law

1. Establish Boundaries of Acceptable Behavior: Determines actions that are not tolerated.

   • Example: Drink-driving laws reflect society's disapproval of endangering road users through intoxication.

2. Protection: Protects individuals from the actions of others and their own behavior.

   • Laws prohibit actions like assault, murder, and robbery.

   • Laws also mandate safety measures like wearing helmets while biking.

   • Restrictions on individual freedom ensure overall safety in society.

3. Freedom: Grants individuals the freedom to engage in various activities.

   • Examples: Owning and operating a business, driving a car, getting married or divorced, leaving school.

4. Resolving Disputes: Prevents individuals from taking the law into their own hands.

   • The legal system includes a police force, court system, and correctional centers to enforce and administer the law.

4.3 Values, Morals, and Ethics

• Moral and ethical values shape our sense of right and wrong.

  • Example: Murder is a serious crime because society values human life.

• Moral and ethical values often align with religious institutions' beliefs, attitudes, and values.

Differences in Laws Across Countries

• Laws vary significantly between countries due to different values.

  • Example: Australia mandates bicycle helmets and has strict anti-smoking laws.

  • Singapore has unique laws, such as fines for importing chewing gum or not flushing public toilets.

• Traditional Aboriginal law existed in Australia before European arrival in 1788.

  • This oral law maintained social stability.

• The English legal system was introduced with the First Fleet, disregarding pre-existing Aboriginal law, causing misunderstandings and problems.

Australia's Court System

Court Hierarchy

• The court system operates under a hierarchy based on the seriousness of offenses.

• Higher courts handle the most serious matters, while lower courts handle less serious ones.

• Each court has specific jurisdiction, making them experts in particular areas of law.

• Higher courts handle serious crimes and civil cases involving many people or large sums of money.

• Individuals can appeal lower court rulings in a higher court.

Cost of Trials

• Trials in higher courts are more expensive.

The Local Court (Bottom Tier)

• Located at the bottom of the court hierarchy.

• Has over 160 locations in New South Wales.

• Handles all criminal cases and over 90% of civil cases.

• No jury is present; a magistrate hears cases, decides verdicts, and sets punishments.

• Magistrates can impose imprisonment for up to two years per offense, with a maximum of five years.

• Magistrates are experienced legal practitioners.

Jurisdiction of the Local Court:

• Deals with minor civil disputes involving property damage or injury claims up to $100,000$.

• Hears summary offenses (minor criminal matters) like stealing, drink-driving, assault, drug possession, and indecent language.

• Magistrates preside over committal hearings for indictable offenses (major criminal matters) like armed robbery, manslaughter, and homicide to determine if there is enough evidence for a trial in a higher court.

• Hears bail applications.

• Issues arrest warrants and search warrants.

• Hears applications for Apprehended Violence Orders (AVOs).

Specialist Courts at the Local Court Level

• Children’s Court

• Coroner’s Court

The District Court (Third Tier)

• Considered the 'middle court' in the state legal system.

• Located in Sydney and larger regional centers.

• Cases are heard by judges.

Jurisdiction:

• Handles serious civil cases with claims over $100,000$ up to $750,000$ and all motor vehicle accident cases.

• Criminal jurisdiction includes serious criminal matters like armed robbery and manslaughter.

• In some cases, a jury decides guilt; if found guilty, the judge determines the sentence.

• Hears appeals from the Local Court.

The Supreme Court (Second Tier)

• The highest court in NSW.

  • Deals with the most serious criminal cases, such as murder, treason, and serious sexual assault.

  • Also hears the most serious civil cases involving more than $750,000$.

• Located in Sydney and headed by the Chief Justice.

• Judges hold sessions in major regional centers, known as ‘going on circuit’.

• Deals with appeals from the two lower courts.

• Judgments are binding on all lower courts.

• Can impose a wide range of sentences.

The High Court of Australia (Top Tier)

• Located in Canberra.

• Deals with appeals from state or territory Supreme Courts.

• Hears cases concerning the interpretation of the Constitution.

  • Interprets and applies the Constitution, influencing the powers of parliaments.

  • Has shifted the balance of power from states to the Commonwealth through constitutional interpretation.

• Decisions are final due to its status as the highest court.

• Federal court, meaning decisions apply nationwide.

• Consists of seven judges: the Chief Justice and six Justices.

• Important cases are typically determined by a full bench of all seven Justices, while others are handled by at least two Justices.

• No jury is used in the High Court.

Specialised Courts

Children's Court

• Deals with cases involving the care and protection of children and young people.

• Handles criminal cases involving individuals under 18.

• Closed to the public and the media.

• Personnel are specifically trained to deal with young people, similar to the Local Court.

Coroner's Court

• A special Local Court that investigates deaths by unnatural causes.

  • Determines the identity of the deceased and the date, place, circumstances, and medical cause of death.

• Coroners in NSW investigate approximately 6000 reportable deaths each year.

• Also investigates the cause and origin of fires or explosions.

Family Court of Australia

• A specialized court that assists Australians in resolving complex family law matters.

  • Includes divorce, parenting disputes, and the division of property when couples separate.

• The only grounds needed for divorce is that the marriage has irretrievably broken down, demonstrated by separation for over 12 months.

The Drug Court of NSW

• Aims to provide long-term solutions for offenders caught in the cycle of drug use and crime.

  • Encourages offenders to become free of substance abuse, gain employment, and reduce criminal behavior to support drug habits.

• Eligibility for the Drug Court Program is required for referral.

• The first stage involves assessment and detoxification; a personalized plan is created for individual needs.

• Offenders undergo regular drug tests and court visits to report progress.

• Positive reinforcement is given for milestones like days, weeks, or months without drug use or criminal activity.

Court Etiquette

• All parties must behave appropriately and follow court etiquette.

Rules During Court Sessions

• Standing when the magistrate or judge enters the courtroom.

• Bowing or nodding to the magistrate or judge when entering or leaving the courtroom.

• Referring to the magistrate or judge as ‘Your Honour’.

• Maintaining silence and stillness during the oath administration.

• Dressing appropriately (thongs and singlets are not permitted).

• Avoiding unnecessary talking, eating, drinking, or reading in the courtroom.

• No weapons allowed in court.

• No cameras, mobile phones, or recording devices permitted.

• Removing all hats before entering the courtroom.

The Role of Court Personnel

The Adversarial System

• After an arrest, a court case may ensue if the police have a strong case.

• A trial is conducted if the accused pleads not guilty.

• Australia uses the adversarial system, where two opposing sides present arguments to an independent umpire (judge or magistrate).

Objectives and Key Roles in Court

• Courts can be tense, with decisions significantly impacting lives.

• Court officials aim to achieve justice.

• Key roles include magistrate, judge, juror, prosecutor, and counsel for the defense.

Magistrates

• In charge of the lowest court with a more informal atmosphere.

• Does not wear a wig or robe but is a qualified legal practitioner.

• Addressed as ‘Your Honour’.

• Decides guilt or innocence after hearing both sides of the case.

• Determines punishment for guilty individuals or awards damages in civil cases.

• Refers serious criminal offences to a higher court.

Judges

• The Judge's associate manages paperwork.

• Members of the public observe court proceedings.

• Members of the media report on court proceedings.

• Sheriff’s Officers serve summonses and provide security for the court.

• The accused is the person on trial.

• A prison officer is present if the accused is held in prison.

• In criminal cases, the counsel for the defense represents the accused.

  • If the accused pleads guilty, the counsel tries to lessen the punishment.

  • If the accused pleads not guilty, the counsel must convince the judge or jury of their client's innocence.

Juries and Counsel

• In civil cases, the counsel for the defense attempts to convince a judge (or jury) that no wrong has been committed to avoid paying damages.

• The Witness box is where people give evidence.

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

• The judge is addressed as ‘Your Honour’.

  • Listens to arguments from the prosecutor and the counsel for the defense.

  • Cannot ask a witness questions, except to clarify a point.

  • Ensures jury members understand proceedings and evidence.

  • Decides the sentence or punishment if a jury announces a guilty verdict.

• The jury consists of 12 people in criminal cases and six in civil matters.

• In civil trials, the jury decides on the balance of probabilities whether the defendant is liable.

• In criminal trials, the jury decides on whether the accused is innocent or guilty beyond reasonable doubt.

• In criminal cases, the prosecutor must convince the jury of a person's guilt by questioning witnesses.

• In civil cases, a barrister acts on behalf of the plaintiff, presenting reasons why their client should receive compensation.

The Role and Selection of Juries

Integral Part of the Legal System

• Juries are used in less than 5% of all legal cases but are often intriguing to people.

• Serving on a jury is an opportunity for ordinary people to participate in the legal system.

• Juries are composed of ordinary people who must be independent and decide on the facts of the case.

• Jurors must determine what they believe happened based on the evidence.

• In civil trials, they decide on the balance of probabilities whether the defendant is liable.

• In criminal trials, they decide whether the accused is innocent or guilty beyond a reasonable doubt.

Requirements for Jurors:

• Listen to, remember, and understand all facts of the evidence.

• Decide what they believe actually happened according to the evidence they have heard.

• Put aside their own prejudices or bias.

• Be fair and impartial.

• Understand points of law explained by the judge.

• In a criminal trial deliver a verdict on the guilt or innocence of the accused, or decide if a party is liable in a civil trial.

Exemptions from Jury Duty

• Certain occupations, such as practicing doctors, dentists, clergy, and emergency workers, can be exempt from jury duty.

• Other reasons for excusal include financial hardship, personal opinions or knowledge of the case, family issues, or physical or mental disabilities.

• Having a criminal record could also make someone ineligible for jury duty.

Empanelling a Jury

• Empanelment is the process of selecting a jury from the jury panel in the courtroom.

• Potential jurors walk past the accused, their counsel, and the prosecution.

• Counsel observes potential jurors to decide if they are suitable for the jury.

• Counsel has a limited time to challenge each juror.

Arguments for and Against the Jury System

Arguments for the Jury System

1. A jury reflects society's values and attitudes as it is a cross-section of society.

2. Widespread acceptance of the jury system.

3. The final decision is made by more than one person.

4. Juries are independent and impartial decision-makers, not controlled by the government.

5. Ordinary citizens have the opportunity to play an active role in administering justice.

6. Provides an opportunity for the community to understand the final decision.

7. Reduces the possibility of bribery or corruption.

Arguments Against the Jury System

1. The jury is not a true cross-section of society due to exemptions.

2. Ordinary people may not understand complex legal technicalities.

3. Juries do not have to give reasons for their decisions.

4. Juries can be persuaded by the skills of clever lawyers.

5. It is difficult for people to remain completely impartial, especially if influenced by media coverage.

6. It costs a lot of money to operate, and the jury selection process can be time-consuming.

7. Jurors could be biased and influenced by personal prejudices.

How Laws Are Made: Common Law

Origins of Common Law

• Laws can be created in two ways:

  • Statute law (written laws enacted by a legislative body).

  • Common law (developed by judges through case decisions).

• Australian law combines both common and statute law.

• The justice systems in England and Australia are based on common law.

• Henry II aimed to offer royal justice by having the king’s court travel and hear cases.

• Judges began recording decisions and referring to them in similar cases.

Common Law Today

• Common law refers to decisions given by judges, occurring when no existing law regulates a case.

• Judges make decisions, and these decisions are recorded in Law Reports.

• These decisions are known as legal precedents.

• Judges do not intentionally change laws but may do so while resolving disputes.

Precedent in Law

• Judges traditionally give similar decisions in similar cases, known as the act of precedent.

• Precedent helps ensure fairness and justice by dealing with similar cases in the same way.

Statutory Interpretation

• Courts make laws by interpreting the meaning of words in laws made by Parliament.

• Parliament uses complex language to fully explain laws and cover all possible situations.

• Only Parliament can change the wording of a law, but a court’s interpretation applies as law from then on.

• The principle of precedent applies to interpretation.

  • Once a judge decides on the meaning of a word or phrase, that meaning becomes law and must be followed by other judges in lower courts.

• Judges can create a new rule to settle a dispute if no existing relevant law exists.

• Judges use various methods to interpret the meaning of words in statutes.

How Laws are Made: Statute Law

Origins of Parliament

• The parliamentary system originated in England.

• In 1215, King John signed the Magna Carta, promising to consult lords and elect ordinary people to meetings.

• These meetings evolved into the House of Lords and the House of Commons.

• ‘Parliaments’ were first referred to in 1236 and were usually held to discuss the king’s need for extra taxes.

• Initially, the king had the final say.

Evolution of Parliament

• By around 1350, parliaments were divided into two groups:

  • Lords met in a separate ‘house’.

  • Elected community members (House of Commons).

• In 1407, Henry IV decided that the House of Commons had to approve requests for grants of money before the House of Lords considered them.

• By the fifteenth century, formal requests of the House of Commons, known as bills, were part of the law-making process.

Statute Law in Australia

• Laws created by parliament have the highest status and must be obeyed by all people.

• Parliament makes most of the laws.

• Australia has a federal parliament in Canberra that makes laws on issues affecting the whole country.

• Each state and territory has its own parliament, such as the New South Wales Parliament in Sydney.

  • Makes laws applicable to New South Wales only.

• State parliaments delegate some law-making power to local councils.

• Once a law has been passed, it is binding on all courts and judges.

• Parliaments can make new laws and change existing ones.

Supreme Law-Making Authority

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

  • It can make laws on whatever it likes.

  • Change laws when it wants to.

  • Pass an Act to overcome the effects of precedent.

• Statute law always succeeds over common law.

• No court has the power to change statute law, except for the High Court, which can overturn a law if it is unconstitutional.

Federal and State Constitutions

• Each parliament has a constitution, a document that outlines the powers of the parliament and any restrictions to its law-making authority.

  • The constitution is essentially the rulebook for how a parliament operates and a country is governed.

• The Australian Constitution limits the powers of the Federal Parliament.

• State Parliaments are restricted by the state's Constitution and, to some extent, the Australian Constitution as well.

• State governments retain the power to make laws unless the Constitution grants this power to the Australian government.

• Disagreements between Australian and state governments over law-making powers are decided by the High Court.

• The Australian Constitution (Section 109) outlines that Commonwealth laws will apply in cases of inconsistencies between Commonwealth and state legislation.

Common Terms:

• Laws made by parliament are also called Acts, statutes, and legislation.

Types of Law

Two Branches of the Law

• Private law deals with interactions between individuals and their rights and duties towards each other.

• Public law regulates behavior within society and protects individual freedoms.

  • Also deals with the conduct society expects from its government (the state).

• Private and public law have multiple branches.

• If there are inconsistencies between Commonwealth and state law, Commonwealth law will apply.

Branches of Law

Administrative Law

• Deals with the decisions and powers of government departments.

• Allows courts to review and change government decisions if necessary.

Constitutional Law

• Deals with the rules by which a country is governed.

  • Concerned with the powers and authority of parliament, the rights of citizens, and the powers between federal and state governments.

Contract Law

• Concerned with legal agreements between two or more people.

• If one party fails to fulfill their side of the agreement, they can be sued for breach of contract.

Family Law

• Regulates family relationships.

  • Sets out rules about marriage, who can get married, de facto relationships, divorce, custody, and other aspects involving family members.

Criminal Law

• Needed to keep the community safe from harm, provide for an orderly society, and deal with crime.

• Offenders will be punished for putting people and property at risk.

Industrial Law

• Deals with the rights and obligations of employers and employees.

• Covers resolving industrial disputes, workers’ compensation, occupational health and safety, and discrimination in the workforce.

Property Law

• Recognizes real property (land and buildings) and personal property (goods and services).

• Provides regulations about the sale, leasing, and hiring of property.

Tort Law

• Deals with situations when one person infringes the rights of another, resulting in distress or injury.

• The injured person may claim financial compensation for any loss suffered.

  • For example, mental distress caused by bullying.

Civil Law

Protection of Individual Rights

• Civil law is part of private law and deals with non-criminal matters.

• Allows individuals to take action against others for civil wrongs done to them.

• Plays a vital role in creating and protecting individual rights.

Main Areas of Civil Law

1. Law of tort.

2. Contract Law.

The Law of Torts Includes:

• Negligence: Failure to take reasonable care, resulting in injury to another person.

• Defamation: Injuring another person’s reputation.

• Nuisance: Causing unreasonable interference with another person’s right to quiet enjoyment of their property.

• Trespass: Interfering with another person or their property rights.

• Civil law allows a person whose rights have been infringed (the plaintiff) to sue the wrongdoer (the defendant).

• If a civil wrong is proven in court, the wronged party seeks money as compensation.

• The judge has other options than awarding damages: the judge could look at contributory factors in the case (say 40 per cent, and the defendant 60 per cent responsible for the injury that has occurred.)

• In civil cases, juries are optional and typically decide the outcome and amount of damages.

• Not all civil cases end up in court, as parties often reach out-of-court settlements.

Criminal Law

Definition of Crime

• A crime involves behavior considered unacceptable by the state, deserving of prosecution, conviction, and punishment.

• A person can be prosecuted for committing an offense from the age of 10, which is considered the ‘age of criminal responsibility’.

Types of Crimes

• Summary offenses: Less serious crimes such as minor assaults, petty theft, vandalism, and traffic infringements.

  • Dealt with quickly and cheaply by a magistrate in a Local Court.

• Indictable offenses: Serious crimes such as armed robbery, homicide, child abuse, murder, and sexual assault.

  • Heard in the District and Supreme Courts.

  • The guilt of the defendant is determined by a judge and jury.

Purpose of Criminal Law

• Criminal law, part of public law, protects individuals from harm and ensures community safety.

• If a person went around killing other people or stealing their property and was not punished, people would live in fear.

• Under our system of criminal law, if a person commits a crime, the police force and the judiciary are the way in which the state (society) deals with criminal behaviour.

• During the court case the accused will have the opportunity to tell their side of the story.

• If they are found guilty, they will be punished with either a fine, court order/or imprisonment.

Domestic Versus International Law

Domestic Law

• Domestic laws relate to being a law-abiding citizen of one’s country.

• As citizens, we are members of various communities:

  • Local community.

  • The state we live in.

  • The country we live in.

• We are expected to abide by the laws that apply to those communities.

  • Examples: parking laws, speed limits, taxation laws.

• If you break a domestic law, you will be dealt with by the country’s legal system.

International Law and the United Nations

• International law sets standards of acceptable behavior for nations and their citizens on issues that cross borders or are of concern to society in general.

  • The goal is to foster good relationships and avoid conflict.

• International law is mainly developed from treaties and conventions between countries.

  • A treaty is a form of contract between two parties (two countries or two international organisations from different countries).

• The Charter of the United Nations is perhaps the most famous international law.

• The United Nations establishes and enforces international laws.

• It uses the International Court of Justice and the UN Security Council, which deploys UN peacekeepers.

UN Peacekeepers

• When disputes relating to international law or disputes between nations or ethnicities turn to conflict, the United Nations will often step in and deploy peacekeepers.

• Peacekeepers are military and other personnel who help countries experiencing conflict create conditions for lasting peace.

• Their role is to provide security as well as the political and peace-building support to help countries make the difficult transition from conflict to peace.

The Three Levels of Government

Structure of Australia's Government

• On 1 January 1901, the Commonwealth of Australia was formed.

• Before this, Australia consisted of six colonies under the control of the British monarch.

• Each had its own form of government and set of laws.

• The colonies agreed to join together to become one nation in a process called Federation.

• The British monarch was still the head of state, but Australia became independent.

• Australia operates as governed by a constitutional monarchy with three levels of government:

  • Federal (or central).

  • State.

  • Local.

Characteristics of Australia’s Three Levels of Government:

• Each has its own power to make decisions.

• Each has its own separate responsibilities.

• Are elected by the people.

• Australia’s constitution outlines the powers of the Federal Parliament and some powers of state parliaments.(States also have their own constitutions.)

• In 1919, the New South Wales government passed the Local Government Act, which contains all the rules that local governments must follow.

• Governments make important decisions such as which groups in society will receive money or other types of support.

• They also provide for our collective wants.

• While each level of government specialises in its area of control, there is some degree of overlap.

• This is necessary to meet the needs of all Australian citizens.

• To change the Constitution, a referendum must be held. Proposed changes are accepted only if supported by a majority of voters in a majority of states (that is, at least four states).

Federal Government

• Australia has two houses of Federal Parliament:

  • An upper house (the Senate).

  • A lower house (the House of Representatives).

• The prime minister is the head of government, and other ministers are appointed to manage government portfolios.

• The Cabinet, including the prime minister and senior ministers, makes key government decisions.

• The Governor-General represents the British monarch as head of state and usually acts on the advice given by the prime minister and other ministers.

• The federal government controls those things which affect us all, regardless of where in Australia we live.

• The money the government need to spend on the areas they are in charge of is mainly raised from taxation of people and businesses.

Federal Government Responsibilities Include:

• Air travel.

• Currency.

• Defence.

• Foreign Affairs.

• Immigration.

• Medicare.

• Pensions.

• Postal services.

• Social Security.

• Taxation.

• Telecommunications and broadcasting.

• Trade and commerce.

• The federal government supports the states by providing funding and is involved in issues relating to education, environment, health, and Aboriginal welfare.

State Government

• NSW has its own parliament consisting of two houses:

  • An upper house (the Legislative Council).

  • A lower house (the Legislative Assembly).

• The process of government is similar to that of the federal government.

• The head of the government is the Premier, and the head of state is the Governor.

• The state government obtains most of its income from federal government grants, and property and payroll taxes.

• The state government controls those things which affect citizens within their individual state and that is not already a responsibility of the federal government.

• However, sometimes responsibilities overlap.

• The state government can legislate over any areas that are not explicitly mentioned in the constitution.

State Government Responsibilities include:

• Aboriginal welfare.

• Agriculture and fishing.

• Community services.

• Consumer affairs.

• Education.

• Emergency services.

• Environment protection.

• Health.

• Industrial relations.

• Law and order.

• Public transport.

• Roads and railways.

• Sport and recreation.

Local Government

• There are approximately 550 local government areas (LGA) in Australia, often referred to as councils or shires.

• The state decides the geographical area of the local governments.

• Sydney, for example, is divided into about 35 LGAs.

• In rural and remote areas of NSW, several towns could be combined into one shire and have one shire council established in the largest town within the LGA.

• The head of the LGA is called a mayor.

• The LGAs operate under state government legislation and can only make rules, called by-laws, on local issues.

• They are responsible for the needs of the citizens in a particular area and they obtain most of its income from land rates.

Responsibilities include:

• Dog/cat registration.

• Libraries.

• Parks.

• Rubbish collection.

• Sewerage.

• Streets and bridges.

• Swimming pools.

• Town planning.

• It can be confusing to identify the government responsible for the services we interact with on a day to day basis, mainly because they are often interrelated.

• If you were driving down the street to the local shopping centre and you were delayed by roadworks, it would be the local government responsible for the repairs as they are in charge of local roads.

• If you were stopped by the police for a breathalyser test it would be the state government's responsibility as they are in charge of traffic laws and the police.

• The federal government could also be seen to be part of this as they would have provided the state government with funding for Law Enforcement as well as the roads (infrastructure).

Why Do Laws Change?

Laws Reflect Changes in Society

• The government passed strict anti-terrorism laws due to the rise of terrorism.

Dynamic Nature of Law

• The law is a set of dynamic legal rules.

• New laws develop, and old ones are scrapped due to changes in social values, technology, and political circumstances.

• For example, homosexuality was once a criminal offense, and opening retail stores on a Sunday was illegal.

• Changing political circumstances can bring about radical changes to the law.

• The terrorist attacks on the World Trade Center and the Pentagon in the United States of America on 11 September 2001 sparked major changes to Australia’s security laws.
  Often, citizens will pressure the government to amend an existing law or introduce a new one. If the government is convinced of the citizens' argument, it will do this.

The Eureka Stockade and Democratic Rights

• Throughout Australia’s history, people have applied pressure, through a variety of methods, to change laws.

• This is one of the best things about living in a democracy,

• Individuals, either alone or as members of an organised group, have the right to pressure for change.

• During the 1840s, only males who were 21 years old and over, and who owned or rented property, were allowed to vote in the elections in the Australian colonies. Therefore, many people were prohibited from voting. The system of government was far from democratic.

• However, over time, as more people arrived and settled here they campaigned for change.

• The pressure for change finally came to a head at dawn on 3 December 1854 at the Eureka Stockade, situated on the Ballarat goldfields.

• Led by Peter Lalor, the actions of the diggers (miners) at the Eureka Stockade were one of Australia’s earliest instances of a group of people joining together to apply pressure on the authorities to change the law.

Outcomes of the Eureka Stockade

• The Eureka battle and the political reforms demanded by the miners eventually led to the principle of one person one vote, voting by secret ballot and voting rights for all men aged 21 and over.

The Vote for Women

• During the 1880s, the vote for women became a basic demand in Australia.

• Thousands of women and many men participated in rallies, demonstrations and political campaigns in an attempt to change the law in order to provide equality of voting.

• Women’s suffrage, the right to vote, was actively pursued, and as a result, in 1884 the first women’s suffrage organisation was formed in Victoria.

• These suffragists, who were the people who supported the vote for women, claimed the right to vote was a matter of justice and equality.

• Eventually, in 1894, after a long and hard struggle, a new law was passed which gave women 21 years old and over the right to vote in South Australia.

• Other colonies followed, but it was not until 1902 that women in New South Wales gained the right to vote.

Cybercrime Laws

• In recent years, cybercrime and terrorism have become constant threats.

• With most Australian homes being linked to the internet, there are more opportunities for cybercriminals and terrorists to steal identities, money and confidential information from unsuspecting individuals.

• In response to growing community concern about this type of criminal behavior, the federal government developed a new set of laws to fight internet offenses such as computer hacking, child pornography, terrorism and copyright infringement.

• The legislation requires internet service providers (ISPs) to collect and retain emails, text messages and other internet traffic data.

• This information is to be made available to police in Australia as well as foreign law enforcement and intelligence agencies such as the FBI or CIA.

• Australia must modernize its laws and stay up to date with evolving cyber technology, while at the same time not excessively restricting civil liberties or invading individual’ privacy.

Referendums

Process for Changing the Constitution

• The Constitution was designed to be difficult to change to prevent politicians from gaining excessive power or larger states dominating smaller states.

• Chapter VIII section 128 of the Constitution describes the process by which it can be changed.

Steps for Constitutional Change

1. Any proposed change to the Constitution must first be approved by a majority of members of