Please enable JavaScript.

Coggle requires JavaScript to display documents.

CC (6 Key concepts, The Freedom of Australian Citizens, Law) - Coggle…

- - - - a head of state or sovereign (such as the Queen or Governor General) whose job is mainly ceremonial
      - a lower house of parliament that has been elected democratically by the people
      - a head of government (such as a prime minister) who leads the majority of representatives in the lower house
      - an executive or cabinet made up of members of parliament (MPs)
      - an independent civil service that serves the
        government in power
      - an independent judiciary (made up of the courts), which upholds the rule of law
  - - - rights and privileges for all, without discrimination based on gender, race, religion, age, sexual orientation or level of education; all citizens have the right to the same opportunities
    - - treating others with consideration and valuing their views, beliefs and rights
    - - all people are treated fairly, or without injustice, and are given equal opportunity; also known as a ‘fair go’ in Australia
    - - rights, privileges and responsibilities for all without interference, or control from other citizens or government
    - - Democratic values are the beliefs and ideals that
        are held by our society as a democracy
  - - - Jury Service
      - Paying taxes
      - Voting in elections
      - Obeying the law
    - - The right to vote
      - protection against acquisition of property on unjust terms
      - The right to be trialed by Jury
      - The right to have freedom of religion
      - Protection against discrimination
- - - - Many other democratic nations around the world include freedom of speech in their constitutions. In Australia, this right is not part of the constitution, but some judges argue that our freedom of speech is ‘implied’, meaning that it is suggested in the Australian constitution without being directly stated. As a democratic society, it is assumed that we should all be able to have a say in the way our country is run. In general, Australians are able to express themselves freely without any consequences.
    - - Freedom of speech does not mean we can say whatever we want, to whoever we want, whenever we want to. In spite of the court case of Lange v Australian Broadcasting Corporation (1997), freedom of speech is still restricted by our laws for a number of reasons.
      - Some Examples are:
      - criminal laws – For example, it is illegal to encourage violence, terrorism or harm to others.
      - anti-discrimination laws – For example, it is illegal to spread information or express opinions that are offensive, intimidating or harmful to people of a particular race, gender, age, disability or religion.
      - media, broadcasting and telecommunications laws – For example, Australian media must obey classification laws, which prevents extreme or obscene content from being depicted without warning or to an inappropriate (eg. young) audience.
      - information laws – For example, journalists are not allowed to publish personal or private information (such as the full name or address) of the people they report on without permission.
  - - - Freedom of assembly is another human right that is protected in Australia by a treaty signed by the government. It is not protected by the constitution, but the Australian government follows the rules set out the by treaties on human rights, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Australian citizens are able to complain to the UN Human Rights Committee if they believe they have not fairly received their right to assemble freely. In Australia, public gatherings and demonstrations are a common form of protest for groups of people with common goals or complaints. In Australia, protests are often a good way for people to gain publicity for a cause because media outlets (including television stations, newspapers, and websites) report on them as news items. The bigger the protest, the more interesting the news item and the more coverage a protest will generally receive. This helps people to spread their opinions to a wider range of people than those who will witness the protest in person.
      - Example
        
        Recently, people around Australia have protested issues such as our country’s policy on refugees and the rights of Aboriginal and Torres Strait Islander peoples. In 2015, the Western Australian state government announced it could no longer afford to fund all Aboriginal communities and as result would need to shut down over 100 remote Aboriginal communities in Western Australia. In response, people from all over the country gathered and protested against what was seen as destruction of culture and disrespect for Aboriginal communities. The protests were peaceful and had a big impact on decision makers. As a result of the protest, the state government sought advice from Aboriginal community leaders about how to better approach their problem.
    - - Freedom of assembly in Australia is allowed unless laws are broken. In some instances, protesters can become overly passionate, aggressive or even violent during a demonstration or march. As a result, our right to associate freely with others is restricted in some ways.
      - criminal law – For example, police can restrict criminal or terrorist organisations from gathering in order to reduce the risk of crime or harm to the general public. Protests that become violent are generally shut down by police to prevent damage to property or people coming to harm.
      - public assembly law – For example, some state and territory laws give police the right to end a gathering if they believe it will become a riot, be violent or disturb the peace of a public place.
  - - - Freedom of association is not officially protected by the Australian constitution. However, Australia (along with many other countries in the world) has signed a number of different treaties or agreements to ensure our citizens receive basic human rights.
      - Example:
        
        Covenant on Civil and Political Rights (ICCPR), it says: ‘Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.’
        By signing this treaty, Australia has agreed that its citizens should receive the right to freedom of association.
    - - Freedom of association in Australia is encouraged unless it involves breaking Australian law. As a result, our right to associate freely with others is restricted in some ways. Some of the Australian types of laws that can limit freedom of association include:
      - criminal law – For example, the courts may restrict criminal gangs or terrorist organizations from associating in order to reduce the risk of crime or harm to the general public.
      - workplace relations – For example, an employer is not allowed to fire a worker for being part of a union. However, if that worker commits a crime (for example during a protest against the employer) they would then have the right to fire that person.
      - anti-discrimination law – For example, it can be unlawful to exclude someone from an association based on their disability.
  - - - Australia is a multicultural nation that has attracted people from all over the world. These people brought with them their different customs, beliefs and religions. Australia’s commitment to the freedom of religion has allowed people to practice whichever religion they choose, so long as it does not interfere with the rights of others or our laws. This tolerance for many people’s beliefs is a core value of Australian society, one that allows us to live in harmony with one another.
    - - One of the core principles of Australia’s democracy is that it does not allow religious institutions to directly influence the decisions of government. While Christianity is the most widespread religion in Australian society, the church has never been directly involved in running the country. This separation of church and state is known as secularism and is a key feature of Australia’s identity as a nation. As a secular nation, Australia is able to encourage a diverse society that gives its people the freedom to choose their religious beliefs. Australia’s public health, education and political institutions are all free from religious connections. This ensures that religious beliefs of one group of people are not forced onto Australians of other faiths. It also means that decisions about what is best for today’s society can be made through open discussion. Despite being a secular nation, religions still influence the beliefs and decisions of many Australians who, as both voters and politicians, determine how the nation is governed. While most nations around the world today adopt a secular system of government, some nations, such as Iran and Saudi Arabia, base their legal system on religious teachings.
    - - In Australia, freedom of religion is considered to be an important part of our democracy. However, it is in some ways restricted by the law. This is done mainly through criminal law. The Criminal Code (Cth) can be seen to interfere with freedom of religion or expression of religious beliefs. For example, section 80.2C prevents people from encouraging or advocating terrorism. While this law protects society from potentially violent acts, it prevents people with extreme beliefs from expressing their religious view. This may be seen to limit religious expression and therefore restrict the right to freedom of religion.
  - - - Freedom of movement sometimes conflicts with our laws and is therefore restricted for a number of reasons, for example to protect our health and safety. Some of the Australian types of laws that can limit freedom of association include:
      - • criminal laws – For example, an accused person waiting for their criminal trial would not be allowed to leave the country until their trial is over. A person in jail has their freedom of movement restricted completely.
        • terrorism laws – The Foreign Fighters Act was introduced in 2014 to restrict Australians from travelling overseas to join or fight with terrorist organizations, and to restrict their re-entry into the country (if it is believed they will commit an act of terror in Australia).
        • customs and border protection laws – For example, a person may be detained or quarantined to prevent the spread of disease if they are infected when returning to Australia.
        • citizenship and passport laws – For example, people in Australia who are not citizens or permanent residents and are illegally in the country may be deported or sent home.
        • laws restricting entry to certain areas – For example, people are not allowed to enter private property without permission.
- - - - Both federal and state parliaments follow similar steps to pass a statutory law. The following looks at how a Bill is passed through federal parliament.
      - Preparation of a bill
        
        A Bill is a formal document that is prepared as a draft Act, or law. It is proposed by a member of parliament (MP) when people feel the need to change an existing law or establish a new one. The Bill only becomes a law if and when it has been approved in the exact same form by both houses of parliament and the Governor-General.
        
        First reading
        
        After giving prior notice to parliament that a Bill will be discussed, the MP who is introducing the Bill will provide a copy of the draft Act to every other MP. At this stage, only the title of the Bill is read, giving the other members a chance to read the Bill in their own time.
        
        Second Reading Debate
        
        In the second reading, the member who introduced the Bill explains why the Bill has been introduced. The other members are then allowed to ask questions, make suggestions for changes and debate whether the Bill is the right way to tackle the issue that it aims to address. Because laws are such an important part of how our society functions, this debate can often get quite heated with members passionately arguing their different opinions on the issue. In the end, the members will vote on the Bill and any changes to it, which if passed goes on to the third reading.
        
        Third Reading
        
        After having some more time to consider the details of the Bill and any changes resulting from the second reading, the House of Representatives will vote on the Bill. If the majority vote to pass the Bill, it will move to the Senate for consideration.
        
        The Senate
        
        Once it reaches the Senate, the Bill will go through the three reading stages again. The Bill will be passed to and from the upper and lower houses until both agree to any changes in the Bill, or until the Senate rejects the Bill completely
        
        The Governor- General
        
        If the Bill is passed by both houses, the Governor-General as the Queen’s representative will review and approve the law by giving the Bill royal assent. Assenting the law is usually just a formality, as none of the Queen’s Governor-Generals have ever refused to assent a law in the past.