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HASS Civics and Citizenship
Law
Different types of laws
Common Law
Laws made by judges and courts.
Can be referred to as legislation or statute law
When there are no legislative law or statute law in place for deciding whether an action is lawful or not, a judge must rule on the matter based on the facts and circumstances.
The judge creates new common law when the judgement is handed down.
Sometimes a judge must interpret the meaning of existing legislation. Clarifying the legislation sometimes creates new application of the law.
Statutory law
Created by parliament
The supreme law-making body.
Can change laws made by court and subordinate authorities if it has the jurisdiction to do so.
Can be created by state and federal parliaments through the development of a bill.
A bill is an idea or a draft law which the House of Representatives and the Senate must approve to become a new law.
Statuary Laws
Passed by parliament and subordinate authorities
Can be referred to as case law or statutory law.
Traditional or customary law
A mix of Aboriginal laws or lore including beliefs, traditions, and customs.
Laws made by the first nations people.
How they are made in Australia
The executive government decides policy, then drafts and introduces bills to parliament.
Bills are considered by parliament.
If passed by the parliament, the bills are approved by the governor general.
Bills become Acts of Parliament and therefore laws, which are administered by Government Departments.
Civil and Criminal Law
Civil Law
Law that relates to the private matters of a community,
Criminal Law
Law that relates to crimes and their punishment. This includes offences, charges, and suspicion.
How can Australian Laws be changed?
The three main ways Australian laws can be changed include use of the media, demonstrations, and petitions.
Media can include use of newspapers, television, social media and radio.
Demonstrations can include rallies or protests that are organised to get the governments attention. The bigger the demonstration, the more likely that a change will be made.
Petitions are formal requests that call for parliament to review and respond to. Petitions must be addressed by only one house of parliament. The parliament does not have to respond to some petitions.
Society
Multiculturalism
Australia is multicultural because we are a land of migrants, originating from different parts of the world such as Europe, Asia and Africa. The numbers of countries of birth, languages we speak, and religious affiliations are expanding.
Multi-faith society
Multi-faith societies are societies where people have lots of different beliefs and are free to share them with each other.
Australian Values
•Individual freedom
•Freedom of Religion, Speech, and Association
•The rule of law and democracy
•Equality and 'a fair go'
•Respect, tolerance and compassion
Democracy + Rule of Law
.
Together, it means that every citizen of a state has the right or power to participate.
Parliament is answerable to the people and must initiate laws that are supported by most of the people.
Australians value the rule of law, a concept in which everyone is subject to the law and the law must be followed by all, including the lawmakers.
The word democracy comes from two Greek words, demos (meaning people), and kratos (meaning power or rule).
Secular Society
Secular societies are where the power of the church and state are separate.
Diversity
Diversity is important because we can share knowledge, ideas and skills with each other.
Diversity involves all kinds of people from a range of different social and ethnic backgrounds and of different genders, sexual orientations, etc.
Democracy in Australia
Australia's representative democracy is enshrined in the Australian Constitution.
Both houses of Federal parliament need to be 'directly chosen by the people'.
The parliament and government must protect rights and freedoms that allow participation in the political and legal system
Five fundamental freedoms and rights in Australia
•Freedom of Religion
•Freedom of Movement
•Freedom of Speech
•Freedom of Assembly
•Freedom of Association
Freedom of Religion
Individuals are entitled to freedom of thought conscience, and religion.
Every person can choose to believe, worship, and pursue knowledge and understanding of a higher power, God, or gods.
People can also choose not to believe in any religion
The practices of religions may be limited in circumstances of public safety, order, health or where it might breach the rights and freedoms of others.
Freedom of Movement
The freedom of movement gives people the right to move between countries and states, as well as go to different places in public.
Freedom of Speech
The freedom of speech allows from people to express their opinions and ideas without being silenced or receiving a legal penalty.
Freedom of Assembly
The freedom of assembly allows for people to gather in public and private locations.
This is important for people to gather and hold peaceful protests
Freedom of Association
Allows for people to be included in a specific group of people, as well as remove themselves from any group relations.
Australia's freedoms and rights originate from the Australian constitution.
Participating in democracy
Voting
Protesting
Petitions
Contacting local members/representatives
Creating/participating in a political party
Voting in Australia
Compulsory Voting
Compulsory voting is when all the people in a country must vote in elections and referendums otherwise they may receive a legal consequence.
Voting in Australia is compulsory and you get to decide who your local representative will be for parliament.
Participating in Democracy
Some ways a person can participate in democracy include:
Voting
Contacting a local representative
Holding or participating in protests and petitions
Joining or creating a political party
Non-Government Organisations (NGOs)
Runs Independently
Can be partially funded by government
Free to develop and implement their own policies and programs
Identity and Australian Identity
What is Identity?
Identity is knowing who you are as a person in terms of your qualities and characteristics as well as your values and goals.
People are often identified from which nation they came from.
Identity helps us distinguish people from different countries.
Significant cultural and historical events, songs, food, and symbols help develop an Australian Identity and allow for connection between individuals and communities.
Speech and slang is also a part of a persons identity
