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The Australian Legal System

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chris nguyen

on 31 January 2016

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Transcript of The Australian Legal System

Basis of Australia Government
The Australian Legal System
Constitutional Monarchy
Separation of Powers
Federation
Rule of Law
Constitutional Monarchy
Separation of Powers
Federation of States
hereditary king or queen is head of state
represented in Australia by the Governor General
The Constitution outlines the law making powers of the Commonwealth
What about a Republic?
system of government where a nation appoints or elects its own head of state
position gained by merit
Legislature
Executive
Judiciary
-make laws
-enforce laws
-resolve disputes
Referred to as the Commonwealth of Australia
to maintain social cohesion the three branches of government must adhere to the rule of law
Supremacy of law
Constitutional law is the supreme law
the law must be the ultimate guide in deciding the differences between right and wrong
Equality before the law
law applies equally to everyone
laws are made in a democratic manner free from arbitrary power
people contesting a case in court would be treated equally
Respect for Human Rights
all people have fundamental rights that can only be taken away by an institution of government if very strong and socially acceptable reasons exist
http://www.nknews.org/2014/07/how-law-and-order-works-in-north-korea/
Case Study: Organised Crime
Organised crime involves criminal activity conducted by people to make money off illegal activities
Organised crime cost Australia an estimated $15billion annually
Australian governments response has been to pass laws that diminish equality before the law
Breaches of equality before the law
Punishing the right to remain silent
Mandatory sentences
Shifting the burden of proof away from the prosecution
Consorting Law (NSW)
Consorting
allows police to persecute a person who has consorted with at least two convicted offenders on two separate occasions
Consorting holds a sentence of up to 3 years
Case: R v Foster [2012] Local Court NSW
Charles Foster was the first person to be
found guilty of consorting with convicted
offenders in July 2012.
Foster had ‘consorted’ with convicted
offenders who were long time friends, one
of which he was living with at the time. He
had no links with criminal organisations
despite having served time in jail for other
offences.
He received a sentence of 12 months
with a non-parole period of 9 months.
He appealed his conviction in the District
Court of NSW and was allowed a retrial.
High ranking members of the Nomads
Motorcycle Club were also charged with
consorting in late 2012.
Foster, along with the members of the
Nomads have been granted special leave
to appeal the consorting offence in the
High Court. The hearing for the case will be
on 10 June 2014.
One of the arguments against the
consorting law is that it interferes with
the freedom of political communication
that has been found in the Australian
Constitution
"In North Korea, the law exists to protect those in power and to eliminate those opposed to it. The North Korean law is only a device to retain the dictatorship of Kim family. No one is entitled to protection under the law...that's the rule of law in North Korea"
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