We have a test soon! LAW AND CITIZENS

 We have a test on the 26 th of November. We’re going to spend a lot of time talking about all of the things that may appear on the test so that you are more than prepared to do well.  We are going to talk about: -Australian Law -Australian Government -Legal Terms -And a bunch of other stuff! FIRST THINGS FIRST

 Here’s what you are going to get in the test:  Part A: Multiple Choice Questions  Part B: Short Answer Questions  Part C: Extended Responses  All the content we talk about may be covered in the test, so pay attention! THE TEST

 “DEMOCRACY” is a latin word with roots in Ancient Greek  It comes from the word Demokratia which is made of TWO WORDS Demos: Common People Kratos: Rule COMMON PEOPLE RULE WHAT DOES DEMOCRACY MEAN

Australia is a CONSTITUTIONAL MONARCHY this means that we are a DEMOCRACY with a CONSTITUTION and a MONARCHY. What does this mean? WE LIVE IN AUSTRALIA

DEMOCRACY: a system of GOVERNMENT where the PEOPLE VOTE for who will lead.’ CONSTITUTION: a document that outlines who can run our COUNTRY and HOW MONARCHY: a system of GOVERNMENT where a NOBLE FAMILY rules a nation. So how can we be a DEMOCRACY and a MONARCHY? CONSTITUTIONAL MONARCHY

 BECAUSE… we are a CONSTITUTIONAL MONARCHY which means that we have a constitution and a monarch (king or queen)  Australia’s monarch is QUEEN ELIZABETH II who is our HEAD OF STATE  This is because we were a part of the COMMONWEALTH a collection of countries that once belonged to ENGLAND  When we FEDERATED in 1901 we still held ties to ENGLAND CONSTITUTIONAL MONARCHY

COMMONWEALTH NATIONS

 Australian Government has a number of different layers  There are Three Levels of Government  And Three Arms of Government  This is all laid out in the Constitution AUSTRALIAN GOVERNMENT

THREE LEVELS OF GOVERNMENT The three levels of government are FEDERAL, STATE/TERRITORY and LOCAL FEDERAL is the highest level, then STATE/TERRITORY and then LOCAL. Only FEDERAL and STATE/TERRITORY are laid out in the constitution, while LOCAL exists because of STATE law.

THREE ARMS OF GOVERNMENT In Australia, there are three ARMS OF GOVERNMENT These are the JUDICARY, the EXECUTIVE and the LEGISLATIVE JUDICIARY: Judges, Lawyers etc. MAKE JUDGEMENTS ON THE LAW EXECUTIVE: the Government, Government bodies PUT THE LAW INTO ACTION LEGISLATIVE: Parliament, Senate, House of Representatives POWER TO MAKE AND CHANGE LAW

 The reason that we have separate arms is because of the SEPARATION OF POWERS  Basically, we keep parts of our Government separate to limit the power they can use over each other.  This keeps each part of the Government accountable and means that, ideally, power can’t be abused  Australia doesn’t have complete SEPARATION OF POWER because some of the duties of each ARM overlap SEPARATION OF POWERS

 The Legislative arm is divided into two Houses: The House of Representatives and the Senate (previously the House of Lords)  Bills (new laws) must be introduced in the House of Representatives, voted on successfully there before moving into the Senate, where the final bill is voted on. If successful, the Bill becomes LAW  The House of Representatives is where the Government sits. LEGISLATIVE ARM

 Australia has two main parties, LABOR and LIBERAL  When adults (18+) vote, they vote for a party on a ballot  The votes received from each state and territory define who will be elected as the ruling Government.  The two Houses are divided into seats, and a party wins control of the House by winning the most seats. This means that the party with the most seats can affect what laws are passed.  There are 150 seats in the House of Representatives, and 75 seats in the Senate GOVERNMENT

 When a party wins a majority in the House of Representatives, the hold the Balance of Power and become the elected Government of Australia.  The party then elects a Prime Minister to lead the nation and the party.  The Prime Minister is then approved by the  Voters DO NOT elect a Prime Minister directly but elect a party who in turn choose a leader.  In the American System, a President is elected separately from a political party THE PRIME MINISTER

 Law in Australia refers to a coded set of rules set out to define a society’s boundaries  There are TWO types of Law  Criminal Law: Law that refers to crimes committed against a society – Murder, Speeding, Drunk Driving etc.  Civil Law: Law that deals with damages caused by individuals – disputes between individuals, suing people, business disputes, copyright etc.  As an Australian Citizen you have certain RIGHTS under the CONSTITUTION and COMMON LAW LAW

 In Australia you have certain rights and freedoms that are given to you in two ways:  The Constitution: Sets out Rights in the document that our government is based one  Common Law: Laws created through precedent by the Judiciary arm of the Government  Laws created by the Parliament are called STATUTES  Laws Created by Judges are called COMMON LAW  These rights include: Right to Political Speech, Freedom of Religion/Association and the Right to a Fair Trial and a Right to Legal Representation  The LAST TWO are very important if you break a LAW RIGHTS

 In Australian, you have the right to legal representation, which means that when you have broken a law you have the right to be defended by a legal representative * A LAWYER  You are also protected by the RULE OF LAW, which states that every citizen recieves a fair and impartial trial, is legally represented, and that you are held against a BURDEN OF PROOF.  Burden of Proof: You are Innocent until proven Guilty  This means that you are assumed to be innocent until proof has made a case for you to be guilty.  This might mean: Physical Evidence, Witness Testimonies and any other relevant information that makes a case for and against your guilt in a crime. COURT

 The Courtroom, where decisions are made on these matters, is divided up into different roles.  JUDGE: Hears both sides of the case and makes a final verdict (in some cases), mediates the case and works out sentencing.  PROSECUTION: a Lawyer that works to prosecute the DEFENDANT (the person accused of the crime). They have the BURDEN OF PROOF  DEFENCE: a Lawyer that defends the DEFENDANT and ensures that they are found NOT GUILTY  JURY: a group of 12 people that hear the case impartially and decide on a verdict (Guilty/Not Guilty)  A jury is composed of people who are called randomly to take part in the case. You cannot take part if you are involved in the case, are partial to one side or the other, are a lawyer/involved in law or are medically unable THE COURTROOM

 Witnesses take an OATH to tell the truth in court. They can swear on any religious text or the constitution of Australia. This is important because it means that for legal reasons, the person as a witness is telling the truth and their TESTIMONY can be used as EVIDENCE  If the Witness lies under oath, they are charged for PERJURY, which is a crime.  If you find that your Verdict was unjust, you can call for an APPEAL, where the Judge may decide that a retrial is needed.  This is called a MISTRIAL COURTROOM

 The seriousness of your verdict and your charge can be determined through two concepts.  These are:  Actus Reus: Latin for GUILTY ACT: You have committed the crime.  Mens Rea: Latin for GUILTY MIND: You have intended to commit a crime.  For Example: The difference between MANSLAUGHTER and MURDER is Mens Rea. The act is the same (killing someone) but the intent may be different. COMMITTING A CRIME

 The Police (as well as the rest of the Judiciary) enforce the Law.  If you are at least 10 Years Old, you are said to have LEGAL CULPABILITY – you are able to commit crimes and be charged for crimes committed.  The Police have a complex system of regulations they must follow when they arrest someone for a crime. If you are ever arrested, the three things you MUST to tell a Police Officer are YOUR NAME, YOUR DATE OF BIRTH and your HOME ADDRESS THE POLICE

 OUR PRIME MINISTER