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8/22/2019 VCE_Legal Studies_Unit 3 AOS 1 - Edrolo TutorOnDemand
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LEGAL STUDIESTutor on Demand
Unit 3
Simon Phelan
Rosehill Secondary College
1
Link to the Video
https://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1a
https://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1b
https://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2a
https://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2b
https://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/858/VCE-Legal-Studies-Unit-3-AoS1-part-2bhttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/857/VCE-Legal-Studies-Unit-3-AoS1-part-2ahttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/856/VCE-Legal-Studies-Unit-3-AoS1-part-1bhttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studies-Unit-3-AoS1-part-1ahttps://tutorondemand.com.au/video/view/855/VCE-Legal-Studi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8/22/2019 VCE_Legal Studies_Unit 3 AOS 1 - Edrolo TutorOnDemand
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5 –> 3 in Unit 3 and 2 in Unit 4
What weighting does each Area of Study have over the whole course?
Is this weighting reflected in the exam?
How many Areas of Study are there in each unit?
Unit 3
AoS1
Unit 3
AoS2
Unit 3
AoS3
Unit 4
AoS1
Unit 4
AoS2
Study Design 12.5% 25% 12.5% 20% 30%
Examination 2011 14% 19% 13% 19% 36%
Examination 2012 16% 26% 11% 17% 30%
How well do you know the course?
Give each Area of Study the appropriate level of revision time –
don t focus too much on one topic at the expense of the others. 2
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What do I need to do to be successful?
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Unit 3: Law-makingAoS1: Parliament and the citizen
Topic 1 – principles of the Australian parliamentary system and thestructure of Parliament
Topic 2 – reasons why laws need to change, the role of the VLRC and
individuals and groups affecting change, the legislative process and
strengths and weaknesses of parliament as law-makers
AoS2: The Constitution and the protection of rights
Topic 1 – the division of law-making power, referendums, High
Court interpretation, referral of powers
Topic 2 – the protection of rights in the Constitution, structural
protection of rights, High Court protection and a comparison with
another country
How many Topics are there in the course?
AoS3: Role of the courts in law-making
Topic 1 – Precedent and statutory interpretation
Topic 2 – Strengths and weaknesses of courts and parliament as law-
makers and their relationship 4
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UNIT 3 Area of Study 1
Feature Criminal law Civil law
Party bringing the dispute to court
Burden of proof Party brought to court
Standard of proof Verdict at trial Outcome of successful verdict Aim of court action
Reason for court action
Beyond reasonable doubt
Breach of society’s laws Person’s rights infringed
Prosecution Plaintiff
Borne by prosecution Borne by plaintiff Defendant Defendant
Balance of probabilities Guilty or not guilty Liable or not liable
Restore plaintiff ’s rights Punish offender Remedy Sanction
Use these terms at all times to demonstrate your knowledge andunderstanding
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Structure of
parliament
• Bicameral
• Upper House
• Lower House
• Role of the Crown
Separation of
powers
• Legislative
• Executive
• Judicial
Representative
Responsible
Principles of Australia s parliamentary system
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Australian
Crown’s
representative
Upper House
Lower House
Governor-General
Senate – House of
review, States House.
76 Senators (12 each
state, 2 each
Territory, Elected for
6 years, half every 3
House of
Representatives –
Elected for 3 years,
150 members, each
represent an ‘area’
Victorian
Crown’s
representative
Upper House
Lower House
Governor
Legislative Council –
40 members, 8
members elected
from 5 Districts,
equal in size,
Elected for 4 years
Legislative Assembly –
Elected for 4 years, 88
members each
representing an equal
area
Structure and role of ParliamentBicameral
Constitutional Monarchy
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Australia Victoria
Crown
Upper House
Lower House
Royal Assent to Bills
Chair meetings of Executive
Council
Dismiss and swear-in PM
and Parliament
Issue writs for elections
Ceremonial duties
Royal Assent to Bills
Chair meetings of Executive
Council
Dismiss and swear-in Premier
and Parliament
Issue writs for elections
Ceremonial duties
Review Bills passed by lower
house, represent the views of
the States as they review Bills
Introduce most Bills into
Parliament, debate Bills,
determines government
Review Bills passed by lower
house
Introduces most Bills into
Parliament, debate Bills,
determine government
Roles
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Power Held by? Function
Legislative ParliamentResponsible for making
the laws
Executive
Judicial
Executive Council (G-G and 2
Ministers)
In essence held by government
Courts (High Court at Federal
level)
Responsible for administering
and enforcing the laws
passed by Parliament
Responsible for interpreting
and applying the laws in
cases that come before the
courts
Must be kept separate to avoid abuse of power – allows for
checks and balances in our system
Separation of Powers
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Representative & Responsible
Parliament (and its members) must represent the views and
values of the majority of society.
Societies views are represented through regular elections where
we vote for those that we think will best represent us.
Ministers –
those charged with delivering policy throughgovernment departments, are accountable for their actions.
Ministers who don t act responsibly can be sacked or stood
down (Peter Garrett, Craig Thompson, Peter Slipper, Geoff Shaw
are recent examples).
If Ministers don t act responsibly we can lose confidence in the
government and vote them out at the next election
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* New crimes – ‘Upskirting
’/ Brodies law
* Update penalties – ‘Towle case’. Penalties for Culpable Driving changed
* Remove ‘old’ crimes from the statutes
* New technology – internet, cyber stalking
* Changes in society – ‘driving laws for 18 year olds/search powers for
knives
* Protection of community –
‘drug driving
’ laws
* Improved access to the law – Koorie Court Division in County Court
It is important for students to know why laws need to change and a
recent, relevant example can only improve your answer.
Reasons why laws need to be changed
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Law
ReformBodies
• VLRC
Groups &
Individuals
• Pressure Groups
• Individuals
• Petitions
• Use of media
• Demonstrations
Courts
Influences on law-making
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The role of the VLRC
Undertakes review of areas of law to determine if changes are
needed
Two means of undertaking a review:
1. Instructed by the Attorney-General
2. Initiate review on minor areas of law based on own
observations/concern
Process of undertaking a review:
1. Instructed by the Attorney-General
2. Seek public input via website and community forums
3. Input can be sought from other sources such as, expert
opinions, laws and law reform undertaken interstate oroverseas
4. Report and findings presented to Attorney-General
5. Report tabled in Parliament and acted upon/not acted
upon at the discretion of the government
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The role of individuals & groups
What role do individuals and groups play in
influencing changes in the law and how effective arethey?
Method Definition Effectiveness
Petition
Demonstration
Lobbying
Use of media
A collection of signatures
in support of a change
An assemblage of people
in a public place
supporting some action or
legislative change
Joining a lobby group and
approaching MPs directly
Letters to the Editor or
using talkback radio
Reasonably – tabled in
parliament if presented to anMP
Gains media attention if
held in significant location –
often outside parliament
house
Organised, able to get
media attention
Requires multiple people
using same method on
same issue 14
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The passage of a bill through Parliament
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The passage of a bill through Parliament
Bills are generally introduced into the Lower House. Why?
• Lower House is the People’s House and the people often have a say
in the laws that are made
• Lower House is responsible for determining government and the
government introduces most Bills
• Majority of Ministers are members of the Lower House and Ministers
introduce most Bills
1st Reading
• Formal notice to introduce Bill
• Long Title is read
• Bill is timetabled for debate at a future time
2nd Reading
•Minister ’s speech to outline purpose of Bill
•Copies given to all MPs
•Bill is debated with a formal debate – controlled by Speaker
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The passage of a bill through Parliament
Committee Stage (Consideration-in-Detail)
This stage may be omitted if house agrees
• Speaker (President) leaves the house
• Informal debate
• Bill is debated clause by clause.
• Amendments made
• Committee report is adopted
3rd Reading
•Long Title read again
•Further debate – last chance for amendments
•Voted on and moved to second house
Second House
• Same procedure occurs
• Any amendments made must be approved by other house
• Voted on and moved to final stages
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The passage of a bill through Parliament
Certification
Clerk of House certifies Bill – given a number
Royal Assent
Signed by Queen’s representative
Proclamation
Published in Government Gazzette detailing the date at which law
comes into effect
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STRENGTHS AND WEAKNESSES OF PARLIAMENT
Strengths:
• Parliament can delegate law making authority tospecialised subordinate bodies (eg. Localgovernment and semi government authorities)
• Members of parliament are democratically elected – represents the will of the majority, ensuresresponsible and representative government
• Parliament is open to ideas for legislation from awide variety of sources.
• The stages in the passage of a bill allow thoroughdebate and review of the law to occur.
• Forum for debate – open to public and media.
• Investigates entire areas of law and creates original,amending or codifying acts to regulate a wholetopic (eg. Anti-terror laws).
• Can respond efficiently and effectively to changelaw in response to public opinion and global events(eg. Sept 2005 C/wlth anti-terrorism laws; 2010Health reforms).
• Can order government inquiries and RoyalCommissions to seek expert advice and involve thepublic (eg. Teague and Feb 2009 bush fires)
• Law-making in futuro: rights are clear in advance(eg. July 2008 peer passenger limits for P-platedrivers).
Weaknesses
• Parliamentary time is often dominated by partypolitics rather effective and representative law
making.• When parliament delegates law making authority,
laws are being made by authorities that were notdemocratically elected and these laws may lackscrutiny by parliament.
• Parliamentary debate and change in the law can bea very slow process.
• Parliament has relatively few sitting days, creating a
limit to the number of bills that can be presented.• Obstructionist – If both houses are controlled by
the government the role of the House of Reviewbecomes virtually meaningless (eg. (Howard 2004to 2007, Commonwealth Parliament and thechanging balance of power in the Senate from 1 July 2008; Brumby since 2006)
• Rubber Stamp – government controls both housesso debate in second house is often limited
• Controversial issues may not be fully addressed
• Legislation can be a compromise betweencompeting interests and becomes less effective
• Difficulties in creating law in futuro
• Residual powers lead to differences in key areasbetween states (eg. Road and water law)
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P d b T t O D d Pt Ltd
UNIT 3 2011
Area of Study 1 Q7a. 1.5/2
Question 7
A former member of parliament recently commented that ‘the use of the
media has been effective in influencing change in the law in recent times,
given that parliament itself has weaknesses as a law-maker ’.
a. Using one example, explain how individuals or groups may use the
media to influence legislative change. 2 marks
Full marks were awarded to students who used examples and explained
how individuals or groups used the media to influence a change in the
law. It is not enough to just provide an example.
Indiv iduals or grou ps m ay use the media to b r ing an issue out in
the publ ic domain and have members of the commun i ty discuss ingthe issue and pu tt ing pressu re on their par l iamentar ians to make a
change in the law. For example, the pressure grou p GetUp! uses
a range of media such as advert isements, websi tes, twi t ter and
Faceboo k to raise awareness of issu es, encou rage community
members to sign pet i t ions and comm un icate with par l iamentar ians.
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