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WACE Revision Seminar 2017

________________________________________________________________________________________ PLEAWA is a not-for-profit organisation that exists to foster the development of Politics and Law as a subject both for its students and teachers. It seeks to assist teachers in the preparation, discussion and clarification of material associated with the course as well as conduct professional development in conjunction with other educational providers. We also aim to provide opportunities to extend the knowledge and skills of students by conducting seminars or workshops on topical issues or events. You may find more information at http://www.pleawa.com.au or @PLEAWA on Twitter. _____________________________________________________________________________________________________________________

2 PLEAWA, PO BOX 8084, SOUTH PERTH, WA, 6151

______________________________________________________________ POLITICAL AND LEGAL EDUCATORS ASSOCIATION OF WESTERN AUSTRALIA

PLEAWA WACE Revision Seminar 2017

9.00 – 9.05am Welcome – Mike Filer (President of PLEAWA) 9.05 – 9.15am Welcome – Liz Beal [Notre Dame] 9.15 – 10.00am Federation – the changing balance – Martin Drum 10.00 –10.45am Mandates – Prime Minister & Opposition – Lisa Reynders 10.45 – 11.30am Lawmaking – Individuals + PP + PG – Cherie Russel

11.30 – 11.50am Morning Tea

11.50 – 12.35pm Accountability – Dr Lisa Bell 12.35 – 1.15pm Contemporary Issues – Stephen King [Infographics to integrate the course] 1.15 – 1.30pm Examination Techniques – Stephen King 1.30pm Close – Mike Filer (President of PLEAWA)

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1. Federation – The Changing Balance – Martin Drum

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2. Mandates – Rights, Government, Opposition & Senate – Lisa Reynders

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3. Lawmaking – Individuals + Political Parties + Pressure Groups – Cherie Russell

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4. Accountability of Parliament & Government – Dr Lisa Bell

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5. Contemporary Issues Across the PaLs Course – Stephen King [Infographics to integrate the course]

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Case Study 1: NDIS and the McGarrigle Case 2017 How to use a contemporary legal issue though out the Politics and Law Unit3/4 course

This case study illustrates how students may use a contemporary issue to provide examples for several Unit 3 and Unit 4 syllabus points.

How to interpret the infographic: Pictures show the three branches of government. The “roles and powers” of each of these branches are key syllabus objectives in Unit 3…

• Parliament • Executive (in this case the Gillard Government) • Judiciary

Arrows between the three branches show the checks and balances in the context of the contemporary example. Checks and balances are highly relevant to several Unit 4 “accountability” syllabus objectives. Checks and balances are colour coded…

• Green arrows show the parliament checking the executive and the judiciary • Purple arrows show the executive checking the parliament and the judiciary • Red arrows show the judiciary checking the parliament and the executive

An individual influencing law-making through the courts is a key objective of Unit 3. The picture of Liam McGarrigle and his mum and dad show the individual who has achieved a change in the way the executive carries out the National Disability Insurance Scheme through taking court action resulting and new a “statutory interpretation” of the NDIS Act…

Activities Use the infographic and, if possible, work with another student or a small group. Unit 3 “short answer test” questions

1. Explain two roles of the executive in Australia’s political and legal system. (2 marks) 2. Explain three roles of the Australian Commonwealth Parliament. (3 marks) 3. Individuals can sometimes achieve changes to the law. Using a contemporary issue relating to

legal power, assess the validity of this claim. (5 marks) Unit 4 “short answer test” questions

1. Explain one way in which the judiciary may hold the executive to account. 2. Explain two ways in which the parliament may hold the executive to account. 3. Using at least one contemporary example, discuss two advantages of judicial review in keeping

the parliament and executive accountable in the Australian political and legal system.

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Case Study 2: COAG 2017 How to use a contemporary example to cover several Unit 3 Politics and Law Syllabus objectives

How to interpret the COAG infographic The infographic shows two major issues dealt with by the meeting of COAG in mid-2017…

1. The Finkel Review reported to COAG on how to address Australia’s energy crisis 2. The Victorian Government’s offer to refer powers to the Commonwealth after a terrorist attack

in Melbourne The minor case of WA’s GST share was also…

3. Referred by WA Premier, Mark McGowan to COAG In the red box…

In the green box….

Activities

Practice essay question

COAG provides an effective mechanism for coordinating State and Commonwealth governments within the federation in order to face issues of national importance. Discuss the validity of this claim using at least one contemporary example.

• The Finkel Review flowchart shows the process by which an individual has influenced law-making by the parliament through recommendations made to COAG.

• 49 of 50 Finkel Review recommendations have been agreed to by the Turnbull Government, virtually ensuring their passage through the parliament.

• The flowchart shows how the Victorian Premier, Daniel Andrews, offered to refer certain “parole powers” that would allow federal security agencies to have a role in parole decisions. The powers would be referred from the Victorian Parliament to the Commonwealth Parliament.

• The referral offer was made after a terror attack in Melbourne committed by a man on parole from prison. He was known to federal security agencies who couldn’t share their information with Victoria’s parole board.

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Case Study 3: Marriage Equality How to use a contemporary political issue though out the Politics and Law Unit3/4 course

Branch of government - Parliament

Unit 3: Roles and powers of the parliament. • The parliament has debated the marriage equality issue. A number of private members bills have

been presented and debated but not passed.

• Following the plebiscite the parliament may legislate changes to the Marriage Act, redefining "marriage" in the wording of the Act.

• Following the plebiscite, MPs may represent their electorate as delegates if they vote on the bill following the voting preferences of their constituents. They may act as trustees if they follow their own conscience despite the preferences of their constituents. Electors may hold them to account for how they voted at the next election (accountability of the parliament - by elections)

• The parties will probably allow a "free vote" or a "conscience vote" so MPs will not be bound to vote as partisans.

Parliament’s Legislative role

Changes to Marriage Act?

• As the legislative branch of government, the parliament makes law.

• In a democracy, legislation should reflect the "will of the people". In this case study, the will of the people is to be determined by a plebiscite vote and MPs will vote in parliament as delegates or trustees of their constituents.

• If the plebiscite fails in the High Court the parliament may vote on the issue with MPs likely allowed a "free" or "conscience" vote.

Private Members Bills

• Any MP can initiate a bill. A Private Members Bill is a bill introduced into the parliament by any MP who is not a part of the executive - the ministry or the outer ministry (i.e. not a minister or a junior minister).

• Usually they lack government support, which means they seldom pass the "executives dominated" House of Representatives.

• Despite this, private members bills can be used to highlight and force the parliament to debate an issue the government would prefer to leave off the agenda.

58 The Senate cannot originate or amend money bills but can refuse to pass them

• The upper house of the parliament, the Senate is a powerful chamber (strong bicameralism) with the power to block money bills.

• In this case study, the Senate (a 'balance of power' chamber) has refused to pass the money bills that would enable a "proper plebiscite" to be run under the Electoral Act by the Australian Electoral Commission.

• Check the government by authorising its spending is part of the parliament's "responsibility role".

Parliament’s Responsibility role

Links to Unit 4: Accountability of the executive

• The parliament has a "responsibility role". In this case study, the Senate is checking the power of the executive by refusing to pass the money bills that enable the government's policy of a plebiscite to be carried out.

• Bills to authorise funds for the plebiscite are blocked in the Senate by progressive parties (who support marriage equality but not via a plebiscite, preferring a free vote in parliament).

Parliament’s Debate role

• The parliament is a forum for debate. MPs enjoy "parliamentary privilege" - a form of enhanced freedom of speech, that enables them to freely debate issues and legislation.

• Parliament gets its name from this function - "parle" is French for "speak.

Branch of government – The High Court Unit 3: Roles and powers of the High Court Links to Unit 4: Accountability of the executive through judicial review

• This case study offers a good opportunity to examine the role of the High Court as a constitutional court and as the third arm of government holding the executive to account.

• The constitutional and legal basis for the postal plebiscite is being determined by the High Court. Independent MP, Andrew Wilkie, and a pressure group, Australian Marriage Equality (AME), attempted to use the High Court to influence law-making. Their challenge to the postal plebiscite failed.

• The High Court has significant power to hold the executive to account. If the Wilkie/AME challenge had succeeded it would have demonstrated the capacity of the High Court to use judicial power to hold the executive to account for how it spends money. The argument was that the government should not be able to spend $122 million on the postal plebiscite without the authority of the parliament. The High Court found that the government could.

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Branches of government - Executive Government proposes a "postal survey" run by the ABS Links to Unit 4: Australia upholds "political representation and popular participation"

• Voting in a plebiscite is an example of how Australia upholds democratic freedoms and rights.

• In all likely-hood the parliament will legislate to make the popular will, expressed in the plebiscite, the law of the land.

Turnbull Government policy Links to Unit 3: Roles and powers of the prime minister

• Mr Turnbull is a known "progressive Liberal" who is in favour of marriage equality. Despite this he is bound to the plebiscite policy by the "Coalition Agreement" he made with the Liberals' coalition partner, the Nationals. All Liberal Party prime ministers' powers are limited by these "Coalition Agreements".

• Mr Turnbull's power as PM is further limited by Mr Abbott, his party and the parliament.

• Mr Abbott is a former PM, a conservative and a rival to Mr Turnbull. He uses his influence within the right-wing of the Liberal Party, his media appearances and his legacy as a PM to limit Mr Turnbull's authority.

• The Liberal Party is divided against itself over the marriage equality issue. Mr Turnbull is a "moderate progressive Liberal" but faces an influential "conservative Liberal" wing of the party, with Tony Abbott, Eric Abetz, Kevin Andrews and others being significant backbenchers within the Liberal opposed to Mr Turnbull. They use issues such as marriage equality to challenge Turnbull within the party.

Links to Unit 4: Accountability of the executive

• The parliament has a constitutional role in checking executive power - that is the power of the PM and Cabinet. However, it ability to do so is dependent on two major factors. Firstly, the size of the governing party majority in the House and, secondly, the nature of the Senate (who holds the balance of power?).

• The Turnbull Government has a majority of one seat - and that is fragile due to potential disqualification of Nationals MPs on citizenship grounds. The weakened status of the government in turn weakens Mr Turnbull as PM. The Shorten Opposition is emboldened to use the plebiscite and marriage equality issue as a political weapon against a weakened government and PM. It uses parliamentary procedures (such as motions to suspend Standing Orders). The government's ability to exert "executive dominance" of the House is weakened. This undermines the PM's power.

• The Senate opposed the Turnbull Government's plan for a "proper plebiscite" by blocking the money bills that would've enabled it to go ahead. This forced the PM to adopt the "postal plebiscite" - which is legally and constitutionally risky, not covered by the Electoral Act, will be challenged in the High Court and run by the Australian Bureau of Statistics, rather than the AEC - which is the "proper agency" to run a plebiscite.

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Popular participation through – political parties Unit 3: Political parties influence law-making

• Political parties are a dominant feature of the Australian political system. They are associations of individuals who share common views about economic and social issues and how the state (through its laws) should act on them. Parties seek to win seats in parliament, to form government or obtain the balance of power, in order to control (and therefore influence) the law-making power of the state - the parliament.

• Marriage equality is a social issue. The major division of opinion on this issue is between progressive views - which favour liberal values respecting equality of rights and conservative views - which favour the status quo and the protection of traditional institutions like the family and faith.

• Political parties on the left of the political spectrum tend to have more progressive views. The ALP and the Greens have advocated for a "free" or "conscience" vote by MPs in the parliament to resolve this issue, believing that the parliament will reflect the "will of people", expressed in many opinion polls, in favour of marriage equality. Left wing progressive parties used their Senate votes to block the money bills for the "electoral plebiscite" because they felt a public campaign by pressure groups would target and harm the LGBTI community unnecessarily.

• Political parties on the right tend to be socially conservative. The right-wing of the Liberal Party and the Nationals both oppose marriage equality, believing it to a be threat to traditional family values and religious freedom. These parties have used the promise of an "electoral plebiscite" to delay a parliamentary vote and postpone the issue into the future. It was a strategy adopted by the Abbott-conservatives in the Liberal Party and the Nationals to prevent the more progressive elements of the Liberal Party (like Mr Turnbull) from pushing for a "free" or "conscience" vote in the parliament, which they feared might succeed.

• Mr Turnbull's Coalition Government tried to deliver on the government's promise to hold an 'electoral plebiscite' but the progressive parties in the Senate blocked it. The 'postal plebiscite' is "Plan B" for the Coalition. It has used executive powers and money allocated by parliament to the Finance Minister for use in unforeseen and unexpected circumstances to fund the 'postal plebiscite', meaning the government doesn't need parliamentary approval to spend the money. The use of these funds for this purpose was challenged unsuccessfully in the High Court.

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Popular participation through – pressure groups Unit 3: Pressure groups influence law making through the parliament

• Pressure groups have formed to advocate for a YES vote and a NO vote on the plebiscite.

• Pressure groups will lobby MPs, conduct advertising, use direct action and other strategies to influence the plebiscite vote and the following vote in parliament.

• Most of the pressure groups in this issue are "cause" groups - they believe the issue is of importance to the whole community. Some groups may have "sectional-characteristics" - some Christian groups represent people of faith; some YES groups represent the LGBQTI community.

Links to Unit 4: Australia upholds the democratic principles of "popular participation" and "political representation"

• By having laws that allow for the free formation and advocacy of pressure groups, a media that can freely transmit and debate ideas and a voting system that allows for plebiscites and elections Australia upholds the principles of "popular participation" and "political representation".

Unit 3: Individual attempting to influence law making through the courts and the parliament

• Andrew Wilkie (supports marriage equality but not via plebiscite). Andrew Wilkie is an independent MP representing the Tasmanian electorate of Denison.

• In this case study, he is an example of an individual attempting to influence law making through the courts because he took the executive to the High Court to challenge the lawfulness and constitutionality of the postal plebiscite.

• As an independent MP this is also an example of an individual attempting to influence law making through the parliament and of delegate/trustee representation.

• A free vote in parliament would be an example of these types of representation.

Labor Opposition (supports marriage equality but not via a plebiscite, preferring a free vote in parliament)

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• The Opposition has used parliamentary procedures, debate and the media to bring pressure to bear on the government and the PM.

• Motions to suspend Standing Orders, use of parliamentary debate, Question Time and voting in the Senate against the money bills for the plebiscite have all been strategies used by the Shorten Opposition in this case study.

• They have been somewhat successful in targeting a weakened government and PM, but not to the extent that the plebiscite was abandoned.

• This is typical of Opposition power. There is great opportunity for Oppositions to try and undermine a government or hold a government to account.

• The most powerful strategy the Opposition has in this case study is the use of the Senate to block the money bills. However, the Opposition had to rely on other cross-bench senators to achieve success.

• The marriage equality issue is a problem for the government and for Turnbull in particular. The Opposition has used all the strategies at its disposal to being pressure to bear on the government and PM over this issue.

Citizens popular participating and political representation Unit 3: Australia upholds / undermines democratic principles.

• Citizens possess political rights that are either upheld or undermined by their governments.

• Political representation is achieved through voting in elections for parties that support the citizens' concerns and views - the range of parties on the political spectrum provides lots of choice. Citizens can also join or volunteer to help pressure groups whose causes they agree with.

• Popular participation is achieved through rights to speech, association and media, the voluntary postal plebiscite has been criticised because younger citizens are most likely not to take part and so have less chance to participate. This is feared because younger people may not have a fixed address to which a ballot can be mailed, may not use "snail mail", may not be as informed etc.

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