Legal Studies

Prelim Notes
Linus Wang |2022
Table of Contents
Table of Contents 1

Syllabus 1 5
Basic Legal Concepts 9
Meaning of law 9
Customs, rules and law 9
Values and ethics 9
Characteristics of just laws 9
Nature of justice 9
Procedural fairness (principles of natural justice) 10
Rule of law 10
Anarchy 10
Tyranny 11

Sources of Contemporary Australian Law 11

Common law 11
British Origins 11
Courts (NSW) 12
Court Hierarchy 13
Statute Law 13
Role and structure of parliament 13
Legislative process 13
Delegated legislation 14
The Constitution 14
Division of powers 14
Separation of powers 14
Role of the High Court 14
Aboriginal and Torres Strait Islander Peoples’ Customary Laws 15
Diverse nature of customary laws 15
Spiritual basis, significance of land and water 15
Relevance to contemporary Australian law 15
International Law 15
Differences between domestic and international law 15
State sovereignty 16
Sources of international law: 16

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 Relevance to contemporary Australian law 18

Classification of Law 19
Public law 19
Criminal law 19
Administrative law 19
Constitutional law 19
Private law 20
Contract law 20
Tort law 21
Property law 21
Criminal and Civil Court Procedures 21
Legal Personnel 22
Common and Civil Law Systems 23
Common Law 23
Civil Law 23

Law Reform 24
Conditions That Gives Rise to Law Reform 24
Changing Social Values 24
New Concepts of Justice 24
Agencies and Mechanisms 25
Agencies 25
Meachnisms 25

Law Reform in Action 26

Native Title 26
Terra nullius 26
The roles of the High Court and federal parliament 26
Major Native Title Decisions 26

Syllabus 2 28
Your Rights and Responsibilities 30
The nature of individual rights 30
Relationship between rights and responsibilities 31

Resolving Disputes 31
Roles of Law enforcement agencies 31
State and Territory Police 31

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 Federal Police (AFP) 32
Government Departments (ATO) 32
Australian Border Force 32
Australian Criminal Intelligence Commission 32
Australian High Tech Crime Centre 33
Australian Security Intelligence Organisation 33
Resolving Disputes Between Individuals 33
Alternative dispute resolution 33
Tribunals 35
Courts 35
Resolving Disputes With the State 36
Non-legal methods 36
Legal methods 36

Contemporary issue: The Individual and Technology 38

Impacts of technology on the individual 38
Legal implications 38
Difficulties with enforcing rights future directions – the role of law reform 39

Syllabus 3 40
Alcohol-Related Violence (ARV) 42
R v Loveridge 2013 and 2014 42
R v McNeil 2015 42
Law Reforms (legislation) 42
Mandatory Sentencing 43
Aggravating Factors 44
Mitigating Factors 44
Legal Responses 44
Compliance and Enforcement 44
‘Operation Rushmore’ 45
Transport Changes 45
‘People and Places’ 45
Non-Legal Responses 45
Government Initiatives 45
Alcohol industry 46
Media 46
Parent/community activism 46

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 Effectiveness of Lockout Laws 47
Proponents 47
Opposition 47

Women 48
Direct Discriminiation 48
Indirect Discrimination 48
Legal responses 48
Women’s Legal Status Act 1918 (NSW) 48
The Anti-Discrimination Act 1977 (NSW) 48
Sex Discrimination Act 1984 (Cth) 48
Workplace Gender Equality Act 2012 (Cth) 48
Family Law Act 1975 (NSW) 48

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Syllabus 1
Part I: The legal system
Principal focus: Students develop an understanding of the nature and functions of
law through the examination of the law-making process and institutions.

Themes and challenges to be incorporated throughout this topic:

● The need for law in the operation of society
● The importance of the rule of law for society
● The relationship between different legal institutions and jurisdictions
● The development of law as a reflection of society
● Influences on the Australian legal system

Students learn about: Students learn to:

1. Basic legal concepts

● meaning of law ● define law
● customs, rules and law ● distinguish between customs,
● values and ethics rules, laws, values and ethics
● characteristics of just laws ● describe the characteristics of
● nature of justice: just laws and the nature of justice
- Equality ● define and investigate
- Fairness procedural fairness and the rule
- access of law
● procedural fairness (principles of ● define anarchy and tyranny
natural justice)
● rule of law
● anarchy
● tyranny

2. Sources of contemporary
Australian law
common law
● British origins, including: ● outline the origin of common law
- development of common ● examine the hierarchy and
law jurisdiction of state and federal
- equity, precedent courts

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 - adversarial system of trial
● court hierarchy:
- jurisdiction of state and
federal courts
statute law ● outline the role and structure of
● role and structure of parliament parliament and the legislative
● legislative process process
● delegated legislation ● describe the function of
delegated legislation
the constitution
● division of powers ● explain the difference between
● separation of powers division and separation of
● role of the High Court powers
● examine the role of the High
Aboriginal and Torres Strait Islander Court in the interpretation of the
Peoples’ customary laws constitution
● diverse nature of customary laws
● spiritual basis, significance of ● examine the characteristics of
land and water Aboriginal and Torres Strait
● family and kinship Islander Peoples’ customary laws
● ritual and oral traditions ● outline the extent to which
● mediation and sanctions Aboriginal and Torres Strait
● relevance to contemporary Islander Peoples’ customary laws
Australian law have been integrated into
Australian law
international law
● differences between domestic ● distinguish between domestic
and international law and international law and
● state sovereignty examine the impact of state
● sources, including: sovereignty
- international customary ● examine the sources of
law international law describe the
- instruments (declarations role of the various organisations
and treaties) involved in international law
- legal decisions, writings ● examine how international law
● role of: impacts on and is incorporated
- United Nations into Australian law

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 - courts and tribunals
- intergovernmental
organisations
- non-government
organisations
● relevance to contemporary
Australian law

3. Classification of law
● public law ● outline different types of law
- criminal law ● compare the purpose of
- administrative law different types of law
- constitutional law

● private law (civil law)

- contract law
- tort law
- property law

● criminal and civil court ● distinguish between civil and

procedures including legal criminal court procedures
personnel ● identify the role of legal
● common and civil law systems personnel involved in the court
process
*It is strongly recommended that if ● compare and contrast common
possible students should have the and civil law systems
opportunity to observe the operation of
one or more courts or tribunals in civil
and criminal cases.

4. Law reform
● conditions that give rise to law ● examine the conditions that give
reform including: changing social rise to law reform
values, new concepts of justice, ● describe the role of agencies
new technology involved in law reform
● agencies of reform including law ● examine the operation of the
reform commissions, different mechanisms of reform

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 parliamentary committees, the
media, non-government
organisations
● mechanisms of reform including
courts, parliaments, United
Nations intergovernmental
organizations

5. Law reform in action

Two examples of law reform must be
studied. Law reform in relation to native
title is mandatory. Another example
may be taken from list B or may be a
topic of the student’s choice.

A) native title ● explain why terra nullius was an

- terra nullius obstacle to achieving native title
- the roles of the High Court ● examine the roles of the High
and federal parliament Court and federal parliament in
- major native title decisions recognising native title
- Legislation ● examine major Australian native
title decisions
● assess the effectiveness of the
law reform process in achieving
just outcomes in regard to native
B) a contemporary law reform issue title
(examples of topics that may be
studied): ● identify and investigate a
- young drivers and the law contemporary law reform issue
- sport and the law ● examine the conditions that give
- animal welfare rise to the need for law reform,
- drug use and the law. the agencies of reform and
mechanisms of reform
● assess the effectiveness of law
reform in achieving just
outcomes with regard to a
contemporary law reform issue.

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Basic Legal Concepts
Meaning of law
Law: Body of legal rules, which govern the conduct of human beings in their
relationships with others. The basic structure and codes of behaviour within
the society.
● Law must reflect society and its values for it to work effectively.
● Must be: acceptable, discoverable and enforceable.
The purpose of law is to
● Protect general safety
● Ensure rights as citizens

Customs, rules and law

Customs: collective habits or traditions that develop in a society over a long
period of time, not enforceable by law.
Rules: Applicable in certain places or situations, not enforceable by law
Law: A set of rules imposed on all members of a community that are officially
recognised, binding and enforceable by persons or organisations such as the
police/or courts.

Values and ethics

Values are moral standards that are considered desirable in society
Ethics tell people the correct way of behaving in a certain situation

Characteristics of just laws

● Characterised by: Equality, fairness and equal access.
● Applies to all members of society
● Officially recognised and enforced by the legal system
● It is utilitarian and seeks to benefit the majority of the society

Nature of justice
Equality: All people in society are treated in the same way with respect to
political, social and civil rights and opportunities.
Fairness: Legitimate and proper conduct in performing an act/duty. Honesty
and integrity. If laws are not fair they can be changed.
Access: Refers to the ability to obtain or make use of something. Equal access
to the legal system includes an awareness of the laws affecting them and
understanding their rights and responsibilities under those laws.

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Procedural fairness (principles of natural justice)
The idea that there must be fairness in the processes that resolve disputes.

Case Study:
● Kioa v West (1985): Procedural fairness upheld
● Mohamed Haneef (2007): Procedural fairness denied

Rule of law
A legal tradition in Australian society, the law is applied equally and fairly; no
one is above the law.

Case Study:
● Maloney v. the Queen: Alcohol restriction laws in QLD racially
discriminates against Indigenous Australians living on Palm Island.

Anarchy
Literally means “without law”. Could be either positive or negative. Either the
law in society breaks down or people agree to live without a set of laws.
Example: Sri Lanka is in a state of anarchy due to a crippling economic crisis,
the absence of a president and collapsing government.

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Tyranny
Rule by a single leader holding absolute power in a nation-state.
Example: Saddam Hussien’s rule in Iraq.

Sources of Contemporary Australian Law

Common law
● Common law is created by the courts and can persuade and bind future
situations.
○ set standards known as precedents.
○ Binding (Obiter Dictum): Occurs when a court must follow the decision
set previously by a higher court. Courts are bound by the decisions
made by courts higher in the heirachy.
○ Persuasive (Ratio Decidendi): Occurs when a judge is influenced but
does not have to follow a decision set by another court. Set by courts
in other jurisdictions, or of equal or lesser ‘rank’ in the heirachy.

British Origins
● Development of common law
○ Originated in Britain, common law is based on the idea of travelling
judges enforcing precedent.
● Equity and precedent
○ Equity: The body of law that supplements the common law and
corrects injustices by judging each case on its merits and applying
principles of fairness.
○ Precedent: Judgement that is authority for a legal principle to provide
guidance for deciding cases that have similar facts.
● Adversarial system of trial
○ Australia follows the adversarial system of trial, rather than the
inquisitorial system.
○ The burden of proof lies with the prosecution/plaintiff, the defense must
cast elements of doubt.
○ In a trial, two opposing sides of the case try to prove their version of the
facts and disprove the other side.
○ Allows cross-examination.
○ Theoretically, the defendant in a criminal trial does not need to prove
anything. (presumption of innocence)

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 ○ In practice, however, the accused person's legal team will attempt to
highlight flaws in the prosecution case.
○ An impartial judge, sometimes a jury, will hear the evidence and
decide guilt or innocence.
○ system resolving conflicts, used in common law countries such as
England and Australia, that relies on the skill of representatives for each
side (e.g. defence and prosecution lawyers) who present their cases to
an impartial decision-maker.

Courts (NSW)
High Court
● Highest and final court of appeal in Australia
● Hears matters involving a dispute about the meaning of the
Constitution, as well as final appeals in civil and criminal matters from
all courts in Australia.
● Has both original and appellate jurisdiction.
Supreme Court
● Highest court in NSW and only hears the most serious criminal matters.
District Court
● Intermediate court in the state's judicial hierarchy. It is the largest trial
court in Australia and has an appellate jurisdiction. It hears serious
criminal offences, appeals from lower courts and civil proceedings.
Drug Court
● Judicially supervised court dockets that provide a sentencing
alternative of treatment combined with supervision for people living
with serious substance use and mental health disorders.
Local Court
● Deals with civil claims up to $100,000. It also deals with most criminal
matters including summary offences, which are crimes such as stealing,
assault and possession of drugs.
Coroners Court
● An inquest is a court hearing where the Coroner considers evidence to
determine the identity of the deceased and the date, place, manner
and cause of death of the deceased.
Children's Court
● Established pursuant to the Children's Court Act 1987 (NSW) which
deals with criminal offences committed by children aged over 10 years

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 and under 18 years, as well as with proceedings relating to the care
and protection of children.

Federal Circuit Court

● The court hears less complex disputes in matters including family law
and child support, administrative law, admiralty law, bankruptcy,
copyright, human rights, industrial law, migration, privacy and trade
practices.
Family Court
● Australia’s specialist court dealing with family disputes, and hears
appeals from decisions in family law matters of the Federal Circuit
Court

Court Hierarchy
Jurisdiction of state and federal courts:
● Original jurisdiction: Ability to hear cases for the first time
● Appellate jurisdiction: Ability to hear appeals from lower courts

Statute Law
● Statute law is created in parliament by a group of elected representatives.
● Australian parliament uses a bicameral system. Laws must be passed in both
the house of representatives and the senate

Role and structure of parliament

The Parliament debates public policy and passes laws (including those to
appropriate money), providing and checking the government, and
represents the people

Legislative process
1. Proposed change (bill) introduced in the house of representatives,
usually by cabinet minister (anyone can introduce a backbenchers
bill)
2. Bill is read, then discussed and amended if necessary
3. A vote is taken after the third and final reading. If it passes it moves to
the Senate
4. The process repeats in upper house
5. If passed, moves to the governor-general for royal assent
6. It is now an Act of Parliament

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 Delegated legislation
Legislation made not directly by an Act of Parliament but under its authority.
● Concerns less important matters

The Constitution
Division of powers
The constitution allows for law-making powers to be divided between the
commonwealth, states and territories, and local government.

Legislative: Federal government can create laws

Concurrent: State and federal may create laws
(Federal always overrides state law)
Exclusive: powers exclusive to the federal parliament
Residual: powers maintained only by the states

Separation of powers
Separation of powers is essential to effective democracy - ensures that no
section of the law is corrupt by maintaining independence between legal
areas.
The three branches of government are outlined in the doctrine:
Executive: Enforces the law
Legislative: Parliament makes and amends the law
Judiciary: Interprets the law

Case study: NBNB v Minister for Immigration and Border Protection (2014)
● Asylum seekers denied protection visa by immigration (decision
made by the executive branch and supported by legislation
made by the legislative branch), overruled by the judicial
branch of government since they were denied procedural
fairness.

Role of the High Court

● Created by Section 71 of the Constitution
● Both original and appellate jurisdiction

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Aboriginal and Torres Strait Islander Peoples’ Customary Laws
Diverse nature of customary laws
● 'principles and procedures that have developed through general usage
according to the customs of a people or nation, or groups of nations, and are
treated as obligatory.'

Spiritual basis, significance of land and water

● Land, native flora, fauna and water are sacred and cannot be owned.
● It is intrinsically linked to spirituality, traditional and carefully used for survival.
● People are ‘custodians’ of the land and must look after it for future
generations.
● ‘Collective guardianship’ is a key feature of customary law

Relevance to contemporary Australian law

● Legislature has been reluctant to formally incorporate customary law into
Australian law, although in the past 20 years there has been greater
recognition.
● Aboriginal and Torres Strait Islander land rights are now recognised.
● The concept of custodianship and sustainability can be seen (to an extent) in
environmental law
● Conciliation and mediation are used to resolve disputes, e.g. Circle
sentencing and Youth Justice Conferences.
● In some cases, if an offender has committed an act that is an offence under
Australian law but required by customary law, it may be used as a mitigating
factor.
○ Mitigating factor: A judge will consider factors that make an offence or
sentence less severe.

International Law
Differences between domestic and international law
Sources of domestic law:
● Common law
● Statute law
● The Constitution
● ATSI Customary law
Domestic laws are laws that a country has made for its own people.

Sources of international law:

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 ● United Nations
● Individual treaties between nations
International laws aims to foster stability and international cooperation:
● Govern the relationship between states
● Enables trade and provides mechanisms for security and conflict
resolution.
● Covers fundamental human rights

State sovereignty
Every nation is equal, in that it has a right to control itself and make its own
decisions without outside interference.
No nation can be:
● forced to sign a treaty.
● forced to join the UN.
● forced to go to court (the International Court of Justice).
Nations have a choice. International law is (mostly) voluntary.
● However, countries are bound by certain international customary laws
such as the UDHR that enables other countries to intervene when rights
are violated.

Generally, to be considered a 'state', a place must have

● A defined territory
● A permanent population
● A functioning government
● The capacity to enter into international negotiations.

Sources of international law:

International customary law (jus cogen)
● Not contained within a written document. Instead, it is based on
long-established traditions or common practices followed by many
states to the point that they are accepted as being fair and right by
the international community.
● Any crimes against humanity
● It can be difficult to establish the existence of international customary
laws.
● The time delay involved in it being accepted as law has rendered it
secondary to treaties and conventions as a source of international
obligations.

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Instruments (declarations and treaties)
● Treaties:
○ The most common source of international law
○ Defined by the Vienna Convention of the Law of Treaties (1969)
as ‘an international agreement between two states in written
form and governed by international law’
○ Treaties are used to make specific laws and control conduct
and cooperation between states
Treaties can be either:
● Bilateral:
○ Between two nations
○ E.g: Agreement between the Republic of Indonesia and
Australia on the Framework for Security Cooperation
(Lombok Treaty 2006)
● Multilateral:
○ Between many states
○ E.g. Charter of the United Nations (1945)
○ Declarations do not impose legally binding provisions that
must be followed

Legal decisions
The International Court of Justice (ICJ) part of the United Nations (UN) is the
judicial body that deals with disputes between states

● Stare decisis (precedent) does not apply to the decisions of the ICJ
● E.g. International Criminal Court (ICC)
● European Court of Human Rights (ECHR)

United Nations
Founded in 1945, the United Nations is committed to maintaining international
peace and security, developing friendly relations among nations, promoting
social progress, better living standards and human rights.

Courts and tribunals

The main principle behind international courts and tribunals is the
commitment to resolve disputes between states by peaceful means. There
are a number of international courts and tribunals in the world. Some operate

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under the frameworks of the United Nations, whereas others operate
independently.
Examples:
● ICJ
● ICC

Intergovernmental organisations
The term intergovernmental organization (IGO) refers to an entity created by
a treaty, involving two or more nations, to work in good faith, on issues of
common interest. In the absence of a treaty, an IGO does not exist in the
legal sense.
Examples:
● The European Union (EU)
● Arab League
● Association of Southeast Asian Nations (ASEAN)
● NATO

Non-government organisations
Non-governmental organisations (NGOs), voluntary groups of individuals or
organisations, usually not affiliated with any government, that is formed to
provide services or to advocate a public policy. Although some NGOs are
for-profit corporations, the vast majority are nonprofit organisations.
Examples:
● Salvation Army
● Red Cross
● Amnesty International

Relevance to contemporary Australian law

Australia is committed to enhancing the adherence to international law to
prevent conflict and restore peace and security. Australia supports the
International Criminal Court and its goal of ending impunity for the
perpetrators of the most serious crimes.

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Classification of Law
Public law
The branch of law governing the relationships between individuals and the state.

Criminal law
● A body of rules under which an act, or an omission of an act is
punishable by the state.
● Designed to maintain public safety and order for the whole society.
● Each state and territory has its own criminal law, although the actions
and punishments are similar.
● In NSW, the main criminal statute is the Crimes Act 1990 (NSW)

Administrative law
● Looks at government powers and decisions
● Exists to ensure accountability of governments and departments
● Cannot be used to challenge government dealings, for example,
policy decisions such as an increase in taxes
● Complicated by the different levels of government and their different
responsibilities
● Three ways that an individual can seek a review of a government
decision:
○ Internal review: When a member or officer of an agency has
made a decision, it can be reviewed by someone else within
the agency.
○ External review: More formal system where a person or body
outside the agency reviews the merits of a decision made by an
agency.
○ Judicial review: Courts provide a review of administrative
decisions made by a public authority, to ensure the decision is
legal, reasonable and fair.

Constitutional law
● Focuses on the rules governing the executive, legislative and judicial
functions of government.
● Specifies the powers given to levels of government and stipulates that
when there are inconsistencies between state and Commonwealth
law, the latter will prevail

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 ● If a law violates the rules in the Constitution, the case will be heard in
the High Court
● Proceedings of a High Court hearing:
Similar to other courts as in they are very formal, but differ in the
following ways:
● Heard by one or more judges (justices); cases involving the
interpretation of the constitution and of great public
importance will be heard by all 7 justices.
● Decisions are not given at the end of the hearing, delivered
after much deliberation
● Majority decision prevails and each justice makes an
independent decision.
● Binding on all courts in Australia.

Categories of Crime:
● Preliminary offences: attempted attack
● Offence against the person: assault, murder, battery
● Offence against the sovereign: treason, overthrowing the government
● Public order offences: swearing, urinating
● Economic offences: fraud, white collar, piracy
● Driving offences: speeding, drunk driving
● Drug offences: possession of drugs, dealing drugs

Private law
Civil law governs the relationships between individuals and organisations. It aims to
protect the private rights outlined in statute and common law.

Contract law
● An agreement between two or more parties, recognised by law
● Concerned with recognising and enforcing these agreements, and
dealing with breaches
● Remedies available include:
○ Damages: monetary compensation to substitute performance
of the contract.
○ Injunction: a court order directing a party not to do something.
○ Specific performance: ordering the breaching party to perform
the contract.

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 Tort law
● Tort is a ‘civil wrong’ (comes from the French word for ‘wrong’)
● Occurs when someone breaches or fails to fulfil a duty that they owe
to someone
● Tries to restore the plaintiff to the position they were in before the
wrong was committed.
● Commits one of the following actions:
○ Negligence
○ Nuisance
○ Trespass to land
○ False imprisonment
○ Defamation

Property law
● A wide area of law governing things and interests with commercial
values.
● Cover physical possessions and actual property to intangible things or
intellectual property.

Criminal and Civil Court Procedures

Criminal law Civil Law

Who are the ● Prosecution (State) v Defense ● Plaintiff v Defendant

parties in the (Defendant)
case?
● Prosecution:
How are they ○ R (Crown)
written? ○ DPP (Director of Public
Prosecutions)
○ Regina (Crown)
○ Police
● Defence:
○ Individuals
○ Groups
○ Organisation

Who brings the The state An individual or organisation

case?

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What is the burden On the prosecutor On the plaintiff
of proof?

What is the The prosecutor must prove the case The plaintiff must meet the
standard of proof? beyond reasonable doubt. (Higher balance of probabilities. (Lower
standard of proof than is required in standard of proof than is
civil cases.) needed in criminal cases.)

What are the ● Guilty or not guilty ● Compensation

possible outcomes ● Imprisonment ● Cost and fees
of the case? ● Fine

Legal Personnel
Judge/ Magistrate:
● Preside over court cases ensuring the proper procedure is followed
● Magistrate decides verdict and suitable punishment
● Adjudicate, instruct the jury and determine admissible evidence
● Decides on the punishment, and verdict if no jury

Judges Associate:
● Maintain records, administer oaths, empanel and take verdicts from
juries
● Provides assistance to a judge and responsible for all the administration
required by the judge

Barristers/Solicitors:
● Barristers and solicitors are the two main types of lawyers in NSW
● Barristers: specialists who have sound knowledge of the rules of
evidence and court procedure, they provide legal advice in specific
areas of law.
● Solicitors: first point of contact for individuals and businesses for legal
issues; they can also provide legal advice and help draft contracts.
● solicitors do most of their work outside courtrooms, barristers focus on
practising litigation inside courtrooms.

Witness:
● An individual who gives evidence in a case, who swears an oath to
speak truthfully

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 Court Officer:
● Organises court lists and calls witnesses
● Ensures smooth running of the trial, essentially an ‘errand runner’
● Looks after the courtroom
● Also assists judge where necessary and answers questions from jurors

Reporter:
● All court proceedings are recorded and transcribed

Corrective Services Officer:

● Guards and escorts the accused

Jury:
● A panel of randomly selected citizens whom consider evidence and
decide a verdict
● 12 in criminal cases, jury of 4 in some civil cases
● Chosen from electoral roll
● Can be challenged by either prosecution or defence

Common and Civil Law Systems

Many countries have a system of law based on the common and civil principles of
law or the combination.

Common Law
● Statute law and common law
● Precedents can be binding
Adversarial system of trial
Example: Crimes Act 1900 (NSW)

Civil Law
● Statute law
● Precedents are not binding
Inquisitorial system of trial
Example: Canada’s Criminal Code

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Law Reform
Definition: Law reform is the process of examining existing laws, and advocating and
implementing changes in a legal system, usually with the aim of enhancing justice or
efficiency.

The term ‘reform’ tends to imply “an improvement or advance: not just for change,
a change for the better”
- Hon Justice M.Kirby
(former HCA Judge)

Conditions That Gives Rise to Law Reform

Changing Social Values
Social Values: Ethical standards which guide an individual's view of their
society and found beliefs of right and wrong. These change as society
evolves over time.
● The law should reflect the values of the majority of the community to
stay relevant
● In Australia this can be difficult as it is such a diverse and multicultural
society
● The law lags behind social values in most cases, however this also
ensures that changes to the law are deliberate and well designed

Case study: Same-sex relationships

● Property (Relationships) Act 1984 (NSW) was implemented to establish
rights for people living in de-facto relationships, including same-sex
couples.
● Marriage Amendment (Definition and Religious Freedoms) Act 2017
(Cth) included same-sex couples in the Marriage Act and allowed
them to marry

New Concepts of Justice

When the law cannot deliver just outcomes to individuals and the community,
it may need to reform. If criminal law cannot achieve justice for victims,
offenders and the community may need to reformulate how justice is
understood.
● As society evolves, its view of justice may change

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 Examples:
● Removal of capital/corporal punishment
● The introduction of Aboriginal and Torres Strait Islander Peoples’
customary procedures such as Circle Sentencing
● Youg Offenders Act 1997 (NSW) established Youth Justice Conference
to focus on rehabilitation
● Domestic Violence

New Technology
Technological innovations bring with them the requirement for law reforms to
how the technology is used.
● Changing technology puts the law under pressure to maintain current
and relevant
● Law needs to be made to regulate the use of technology
● Technology may mean that existing laws are no longer appropriate or
relevant
● Technology gives new powers to law enforcement

Examples:
● Reproductive technology: new laws to distinguish biological versus
family obligations and responsibilities associated with the donation of
genetic material.
● The Crimes (Forensic Procedures) Act 2000 (NSW) has to be introduced
to set guidelines for the use of DNA samples for forensic use
● Fraud and identity theft

Agencies and Mechanisms

Agencies
Advocates for law reform:
● Law reform commissions
● Parliamentary committee
● The media: raise public awareness, provide a platform for discussion
● Non-government organisations: Provide resources for awareness,
political pressure
● Lobby groups

Meachnisms
Make changes in law reform:

25
 ● Courts: change common law through precedents
● Parliaments: reform statutes (legislation)
● United Nations: Develop and implement international treaties
● Intergovernmental agencies: Subsidiaries of the UN
● Other agencies: Royal Commissions, NSW Coroner, Australian Human
Rights Commission

Law Reform in Action

Native Title
The right to an area of land, claimed by people whose ancestors were the original
inhabitants before European settlement and who can prove that they have had a
continuous connection with the land.
Terra nullius
The idea of ‘terra nullius’ was an obstacle to Native Title as it declared
Australia uninhabited territory with no system of law, social or political
organisation.
Doctrine of Reception: the process in which the English law becomes
applicable to a British Crown Colony, or protectorate.

State legislation: Aboriginal Land Rights Act (1983) NSW

● Declared on british colonization, legally eliminated any indigenous
claims to Australian land
● Need for law reform identified in the 20th century

The roles of the High Court and federal parliament

Stakeholders in the decision of native title rights in major native title cases.

Major Native Title Decisions

Mabo v Queensland (1988) HCA
● Questioned the validity of a state law that attempted to abolish
native title by asserting state ownership of the islands
● Outcome: HCA upheld that the Queensland law was
inconsistent with the Racial Discrimination Act 1975 (Cth)
Mabo v Queensland (No.2) (1992) HCA
● Concerned the Meriam peoples’ rights to occupy and control
Murray Islands

26
 ● Outcome: HCA replaced the doctrine of terra nullius with native
title. After the decision was made, the Native Title Act 1993 (Cth)
was passed.

Wik Peoples v The State of Queensland & Ors

Thayorre People v The State of Queensland & Ors [1996] HCA 40 (‘Wik’)
● HCA held that native title rights could coexist on land held by
pastoral leaseholders

27
Syllabus 2
Part II: The individual and the law
Principal focus: Students investigate the way in which the law impacts on individuals
by referring to legal and non-legal institutions, laws and media reports.

Themes and challenges to be incorporated throughout this topic:

● Relationship between justice, law and society
● Relationship between rights and responsibilities
● Balancing the rights of individuals with the needs of the state
● Role of the law in regulating technology
● Effectiveness of legal mechanisms for achieving justice for individuals and
society.

Students learn about: Students learn to:

1. Your rights and responsibilities ● identify the types of rights to

● the nature of individual rights which individuals are entitled
● relationship between rights and ● outline the responsibilities of
responsibilities citizens within a society
● explain the interrelationship
between rights and
responsibilities

2. Resolving disputes ● outline the roles of law

● the roles of the federal and state enforcement agencies
police and other law ● identify and examine methods of
enforcement agencies resolving disputes between
individuals
Resolving disputes between individuals: ● compare and contrast disputes
● Alternative dispute resolution between individuals and those
● Tribunals between individuals and the
● Courts state
● assess the effectiveness of
Resolving disputes with the state: methods of resolving disputes
● non-legal methods: ● distinguish between non-legal
- Media and legal methods of enforcing
- members of parliament rights and resolving disputes
- trade unions ● assess the effectiveness of
- interest groups, including dispute resolution processes in
nongovernment achieving justice for and

28
 organisations between individuals
● legal methods:
- internal review
- external review:
administrative, judicial,
ombudsman, statutory
bodies including
Australian Human Rights
Commission, Independent
Commission against
Corruption (ICAC), Royal
Commissions

3. Contemporary issue: The ● explain the difficulties with

individual and technology enforcing rights
● impacts of technology on the ● assess the role of law reform in
individual addressing emerging
● legal implications technological issues and
● difficulties with enforcing rights enforcing rights
future directions – the role of law ● discuss the legal implications of
reform the use of technology and its
impact on the individual.
● Examples that may be studied
could include:
- misuse of interactive
technologies
- Cyber-bullying
- genetic profiling
- Cyberspace
- privacy issues
- security and surveillance
- mobile phones
- copyright

29
Your Rights and Responsibilities
The nature of individual rights
Individual Rights: rights needed by each individual to pursue their lives and goals
without interference from other individuals or the government.

Protection of individual rights comes from:

The Constitution
● Explicit (express) rights: rights which are written into law and are clearly
defined as ‘right to’ or ‘freedom of’ something, or right to be treated in
a certain way
Example: Freedom of Religion (s.116) stops the Commonwealth
parliament from passing laws that force people to follow a religion or
ban people from practising a religion.

● Implied rights: rights that are not defined in law, but exist because they
are an assumption on which a law and the legal system are based
Example: Right to Life (s.291) killing a human being is unlawful unless
such killing is authorised or justified or excused by law.

● Problem with Constitutional Rights is that they have been narrowly

interpreted by the courts.
- The Constitution was written to divide power between the states
and the Commonwealth, it is not written to protect rights.
- Rights in the Constitution are static, change or reform requires a
referendum, which is costly and time-consuming.

Statute Law
● Legislation that gives or protects rights
Example: Anti-discrimination Act 1977 (NSW)

● Problems with Statutory Rights

- Rights come from so many different statutes that it is difficult to
interpret for most people.
- If the right is not in the Constitution, it can be taken away
(suspended) at any time by the government in power.

30
 Common Law
● Rights from precedents
Example: The right to a fair trial (Dietrich v The Queen 1992)
Example: The right against self-incrimination (Sorby v Commonwealth
1983)

● Problems with Common Law Rights

- Can be overridden at any time by a statute law
- The HCA can allow people to have rights, byt there has to be a
case about it in the HCA

Relationship between rights and responsibilities

Rights: a privilege granted by a governing body that is written into law; a right can
be defended or challenged in a court of law.

Reponsibilities: legal or moral obligations that a person may have to another

person/group/state/society; responsibility to act in a certain way

Responsibilities come with rights

● Individuals have a responsibility to respect the rights of others
● An individual’s rights exist up until the point that they infringe on someone
else’s

Resolving Disputes
Roles of Law enforcement agencies
Law enforcement agencies are responsible for upholding statutes at state, federal
and local levels. Some agencies are responsible for making sure those agencies are
accountable and do not overstep their use of power.

State and Territory Police

Under the Australian Constitution, the state and territory policies are
responsible for upholding the law, preventing and investigating crime, and
providing community protection.

31
In addition, the police services manage emergency incidents, enforce road
and traffic rules and deal with missing persons reports.

Example: The Law Enforcement Act 2002 further sets laws police officers must
follow. For example, to ensure that evidence is collected correctly and thus
able to be used by prosecution in a court case.

Federal Police (AFP)

The AFP deals with enforcing federal laws and crimes/criminal law where a
crime crosses state boundaries, they may sometimes deal with Australians
overseas, depending on the circumstances.

The AFP can deal with specific crimes like drug importation and distribution,
crimes relating to Commonwealth entities (bribery of public officials). They
can also deal with terrorism, cybercrime, human trafficking and sexual
slavery.

Government Departments (ATO)

The ATO has jurisdiction relating to crimes involving tax australia wide, ATO
deals with disputes cybercrime (technology enabled crime) affecting the tax
and superannuation systems. offshore tax evasion. illegal phoenix activity. The
ATO looks over both individuals and businesses.

Australian Border Force

The Australian Border Force, facilitates the lawful passage of people and
goods, investigations, compliance and enforcement in relation to illicit goods
and immigration malpractice; and onshore detention, removals and support
to regional processing arrangements.
Crime legislation enforced by the AFP includes the Crimes Act 1914 (Cth) and
the Criminal Code 1995 (Cth).

Australian Criminal Intelligence Commission

The Australian Criminal Intelligence Commission (ACIC) is Australia’s national
criminal intelligence agency. They work with the law enforcement to improve
the national ability to respond to crime impacting Australia. The ACIC works
at a national level with other federal, state and territory agencies to combat
serious and organised crime. In NSW, the Australian Crime Commission (New

32
 South Wales Act) 2003 (NSW) was passed to enable the full operation of the
ACC in New South Wales.

Australian High Tech Crime Centre

The AHTCC provided a nationally coordinated approach to technology
enabling crime. Some core functions include:
● policy advocacy
● strategic intelligence support
● crime prevention
● education and capability development.
From the beginning, the AHTCC harnessed expertise from across private and
public sectors in order to deal with a new unfamiliar form of crime.

Australian Security Intelligence Organisation

ASIO deals with:
● Acts on foreign interference.
● Attacks on Australia's defence system.
● Politically motivated violence. (Eg. terrorisim, section 4 of the ASIO Act
1979)
● Threats to border integrity.
● Provide protective security devices.
ASIO is part of Australia’s Intelligence Community, its information is used by
more than 75 government departments, police and senior decision-makers.

Resolving Disputes Between Individuals

Alternative dispute resolution
Alternate dispute resolution (ADR) uses a variety of method to resolve disputes
between parties without involving the court processes. This includes:

Negotiation: Voluntary participants control the process and outcome

● Advantages
- Low-cost
- Faster than going through court
- Less stressful
- Only involves the two parties involved
- Take into consideration of both parties’ views.
- Participants control the process and outcome

33
 ● Disadvantages
- Not enforceable as it is a verbal agreement
- Not legally binding
- If people don’t follow the agreement they can be brought to
court.
- Voluntary

Mediation: Neutral third party helps the participants reach voluntary

agreement
● Advantages
- Confidential
- Neutral and independent third party to assist in negotiation to
come to an agreement
- People involved in the dispute decide the end result
- More flexible
- Quicker and lower-cost than court procedures

● Disadvantages
- Cannot be enforced
- Not legally binding
- If the case goes to court after mediation, parties involved can
use evidence told in mediation although it is confidential
- Mediator cannot force an agreement to be made.

Arbitration: Non-voluntary. Interested parties have the least control.

● Advantages
- Resolve disputes without going to court
- Formal process
- Efficient and flexible
- Less complicated
- Confidential
- Impartial third-party
- Less expensive that litigation

● Disadvantages
- Sometimes the impartiality of the arbitrator can be
compromised
- No jury

34
 - Lack of transparency
- No appeal if arbitration is binding

Tribunals
● Offer a less formal and expensive method of dispute resolution than
the court system.
● Individuals do not normally need legal representation: it is often not
even permitted; the person presiding over the tribunal may have
specialist expertise rather than specific legal training.
● Administrative tribunals are concerned with executive actions of
government. Civil tribunals are concerned with resolving private
disputes.
Example: Administrative Appeals Tribunal

● Advantages
- Much faster than court procedures
- Cheaper than going to court

● Disadvantages
- The rules of evidence do not have to be applied and tribunals
are considered more informal than courts
- Use fo legal representation is reduced
- The fast process may limit the amount of consideration put into
a dispute

Courts
● If the individuals involved in a dispute cannot resolve it by way of
alternative methods, they will need to take the matter to litigation.
Example: NSW Land and Environment Court (LEC)

● Advantages
- Become part of the public record therefore could be enforced
by law
- Allowing for faster dispute resolution with similar claims through
precedent
- Appeals are allowed
- Much more formal process
- Result will be achieved

35
 - Impartiality

● Disadvantages
- Higher cost
- Since its a formal procedure, it will take longer to go over the
evidence and come to a decision

Resolving Disputes With the State

Non-legal methods
Media: Aims to resolve disputes with the state by criticising flaws in the
legislature, broadcasting unjust legal outcomes and publicising upcoming
cases all to encourage and influence change for a positive outcome aligning
with social values.

Members of parliament: Aims to resolve disputes with the state by

representing the views and aspirations of the people that support their
parliament party.

Trade unions: help to negotiate a workplace agreement containing

important provisions about workplace safety, wages and conditions. They will
also take action when an employer proposes to change the conditions of
work in a way that is detrimental to employees.

Interest groups, including NGOs: formed to promote the interests or concerns

of their members. They are primarily concerned with influencing public policy.
Because a key function is to exert pressure on political decision-makers,
interest groups are sometimes referred to as 'pressure' or 'lobby' groups.

Legal methods
Internal review: permit government departments to review their own
decisions, procedures and behaviour.

External review:
Administrative: The process in which a decision is made by a
government department or government official is reviewed or possibly
reversed.
These reviews follow:
● Questions the policy and procedures made
● Checks the possible misapplication of regulations or instructions

36
 There are two types of administrative reviews, merits review and
judicial reviews. Merit reviews are made by an individual decision
maker on the merits of a decision, and a judicial review is a review
based upon if the decision was legally made

Judicial (courts): Aim to resolve disputes with the state by hearing both
sides of a case and deciding a fair outcome based on a number of
factors such as evidence, circumstances and nature of the offence,
relevant sentencing legislation and case law etc.
● Prohibition: an order that stops a decision from being made.
● Certiorari: an order that reverses a decision that has already
been made.
● Mandamus: an order that compels the decision maker to
perform certain types of public duties.
● Injunction: an order that prohibits the decision maker from
implementing an invalid decision.

Ombudsman:
An ombudsman is an official, usually appointed by the government,
who investigates complaints (usually lodged by private citizens) against
businesses, financial institutions, universities, government departments,
or other public entities, and attempts to resolve the conflicts or
concerns raised, either by mediation or by making recommendations.

Statutory bodies including:

Australian Human Rights Commission (AHRC): aims to resolve dispute
through the holding of public inquiries, advising parliament, conducts
research and investigates complaints regarding discrimination. The
AHRC can also review laws and make submissions to parliamentary
inquiries.

Independent Commission against Corruption (ICAC): aims to resolve

disputes with the state stems from its ability to investigate corruption
within the government.

Royal Commissions: aims to resolve disputes through investigating an

independent government into a matter of great importance. Royal
Commissions have broad powers to hold public hearings, call witnesses
under oath and compel evidence. Royal Commissions make
recommendations to the government about what should change.

37
Contemporary issue: The Individual
and Technology
Cyberspace: The ‘environment’ in which electronic communications occurs; the
culture of the internet.

Facilitates anonymity
Information can be distributed or accessed anonymously or by using pseudonyms.
While the IP number of the computer can be distinguished, software such as VPNs
can encrypt or hide activity.

Facilitates creativity
Computers allow information to be accessed, created and supplied. Programs and
software are constantly changing and improving.

Global
The internet lacks national boundaries. People can communicate with like-minded
individuals regardless or location.

Impacts of technology on the individual

Misuse of technology may lead to psychological and physical issues, such as
eyestrain and difficulty focusing on important tasks. They may also contribute
to more serious health conditions, such as depression. The overuse of
technology may have a more significant impact on developing children and
teenagers.
● Interations with people on the internet can also lead to serious crimes,
including cybercrimes such as computer fraud, computer hacking,
email spam, pornography (especially when it relates to children) and
stalking online.

Legal implications
Advances in technology have brought many benefits but also problems. The
use of new technology creates moral and ethical problems and conflicting
attitudes in society. The complexity of the issues and the pace with which
technology changes mean that legislators have difficulty making laws that
can keep in control of these changes.

38
 Technology affects all areas of society, forcing changes in a range of laws.
Advances in computer technology have resulted in a new brand of cyber
crimes such as computer fraud, computer hacking, email spam, pornography
(especially when it relates to children) and stalking online.

Difficulties with enforcing rights future directions – the role of law reform
The introduction of The Crimes Amendment (Intimate Images) Act 2017 (NSW)
Made Image-Based Abuse a specific crime which in turn improved the
protection of individuals and accessibility of the law. This included provisions
to ensure that indecent materials were taken down and harsher penalties for
failure to comply with a maximum of 3-year imprisonment and $11,000 fine.

Example: R v Lu (2017) NSW Charged and pleaded guilty to stalking and

intimidating, publishing an indecent article and using a carriage service to
harass. Sentenced to an 18-month suspended sentence and a $5000 fine.
However, this was before the introduction of the Amendment Act.

39
Syllabus 3
Part III: Law in practice
Principal focus: students investigate contemporary issues that illustrate how the law
operates in practice.

Themes and challenges to be incorporated throughout this topic:

● the relationship between justice, law and society
● the development and reform of law as a reflection of society
● the importance of the rule of law
● the responsiveness of the legal system in dealing with issues
● the effectiveness of legal and non-legal mechanisms in achieving justice for
individuals and society.

Students learn about: Students learn to:

Issues that involve an Australian in a ● examine at least two

domestic jurisdiction, or Australian contemporary issues that involve
citizen(s) in another jurisdiction, focusing Australian citizen(s) in either a
on the mechanisms for achieving justice domestic or another jurisdiction
and the responsiveness of the legal
system when attempts are made to ● describe the legal and non-legal
achieve justice. responses to this issue

Topics that may be studied include: ● evaluate the effectiveness of the

● groups or individuals suffering legal and non-legal responses to
disadvantage: this issue.
○ Aboriginal and Torres Strait Criteria to evaluate effectiveness
Islander Peoples could include:
○ people who have a ○ resource efficiency
mental illness or an ○ Accessibility
intellectual or physical ○ Enforceability
disability ○ Responsiveness
○ Migrants ○ protection of individual
○ people who are rights
socioeconomically ○ meeting society’s needs
disadvantaged ○ application of the rule of
○ members of other groups law
covered by human rights ○ has justice been
legislation, including achieved?

40
 anti-discrimination
legislation
○ women

● events which highlight legal

issues
● individuals or groups in conflict
with the state
● criminal or civil cases that raise
issues of interest to students.

41
Alcohol-Related Violence (ARV)
R v Loveridge 2013 and 2014
● Loveridge assaulted and killed 18-year-old Thomas Kelly in Kings Cross
● Originally sentenced to 5 years in prison for manslaughter (deemed that he
had not intended to kill Kelly.
● DPP appealed the leniency of the sentence after public outcry
● After appeal, the sentence was increased to 13 years, 8 months

R v McNeil 2015
● Shawn McNeil assaulted Daniel Christie (18) who hit his head on the road,
later dying in hospital.
● Sentenced to 7 years of prison for manslaughter
● Public outcry again as although he had not intended to kill, he had intended
to harm

A perceived increase in ‘one punch’ attacks (aka king-hits, coward punches) led to
increased pressure on the NSW government to have tougher penalties for
alcohol-fuelled violence

Thomas Kelly’s death (R v Loveridge, 2013) became a catalyst for legislative change
in NSW
● The NSW government began a Four Phase response of law reform 11 days
later.

Law Reforms (legislation)

● Liquor Amendment (Kings Cross Plan of Management) Act 2012 (NSW)
● Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and
Railway Drug Detection) Act 2012 (NSW)
● Passenger Transport Amendment Act 2012 (NSW)
● Liquor Amendment Act 2014 (NSW)

Amendments to the Crimes Act were also introduced, including mandatory

sentencing and ‘one punch’ laws:
Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW)

42
Mandatory Sentencing
Require that offenders serve a predefined term for certain crimes, commonly serious
and violent crimes. In the court of law, judges are bound by law to hand out
mandatory sentences, as they are produced through the legislature rather than the
judicial system.

Advantages:
● Can eliminate personal bias from sentencing. This could result in a fairer
process
● Keeps dangerous people out of society. Social views have adapted to cause
changes in the law in regards to mandatory sentencing.
● Satisfies public outrage and discontent
● Mandatory sentencing can act as a deterrent resulting in decreased serious
crimes.

Disadvantages:
● Cannot take mitigating circumstances into consideration; does not make a
specific sentence to a specific crime. This could result in an unjust outcome
for the offender.
● Crimes that result in mandatory sentencing can have differences in severity or
details, which may result in a harsher punishment than necessary.
● Mandatory sentencing is contradictory to the rule of law and due processing.
● Limits the judge's role in the case and their professional judgement (discretion)
when applying the law. (may go against Separation of Powers)
● Contributes to higher rates of recidivism (reoffending).

Mandatory sentencing for ‘one punch’ assaults:

● If someone unlawfully assaults a person and the victim dies as a direct or
indirect result – new minimum sentence of 4 years and a maximum sentence
of 20 years.
● If the accused was affected by alcohol or drugs, a minimum of 8 years and a
maximum 25-year sentence.
○ Deciding if the offender is intoxicated is established as 0.15BAC and
higher
○ Alcohol and drugs are no longer considered a mitigating factor in
offences
○ Police can carry out alcohol or drug testing on an offender at the
scene

43
Aggravating Factors
Make crimes worse/more serious
● Pattern of behaviour
● Relationship to the victim (position of trust/authority)
● Age of the victim
● Vulnerable (disability)
● Premeditation
● Violence or use of weapons
● Offence ‘in company’ (group)

Mitigating Factors
Partially excuses or explains/reduce the severity of punishment
● Circumstances (defence or provocation)
● Offenders circumstances (SES, education, mental health, disability)
● Lack of premeditation
● Age of offender
● Remorse and cooperation with police/courts

Legal Responses
‘Four-Phase’ Response by the government to change Kings Cross
Compliance and Enforcement
● Expanding the boundary of Kings Cross precinct and freezing new liquor
licences for three years (up to 24th December 2015)
● Restrictive liquor license conditions under the new amendments were applied
to all licenced venues in the Kings Cross precinct
● Linked ID scanners were also introduced, including a 48-hour ban and
12-month ban to confirm and record identities of persons entering premises in
the precinct.
● The creation of a small bar license to allow businesses to cater for ≤60 patrons.
● Introduction of sobering-up centres in the Kings Cross precinct and increase in
policing around licenced premises.
● Expected to have a Responsible Service of Alcohol Card.

Legislation:
● Liquor Amendment (Kings Cross Plan of Management) Act 2012 (NSW)
● Amending Liquor Act 2007 (NSW) and Liquor Regulation 2008 (NSW)
● Liquor Amendment (Kings Cross Plan of Management) Act 2013 (NSW)

44
 ● Liquor Amendment (Small Bars) Act 2013 (NSW)
● Intoxicated Persons (Sobering Up Centres Trial) Act 2013 (NSW)

‘Operation Rushmore’
● Targeting alcohol-related crime and anti-social behaviour in the Kings Cross
area.
● Use of Drug detection dogs without the need of a warrant.

Legislation:
● Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and
Railways Drug Detection) Act 2012 (NSW)

Transport Changes
● Improving the Kings Cross taxi rank to provide more transport
● Prepaid taxi service was trialled
● Late-night bus services were extended

Legislation:
● Passenger Transport Amendment (Kings Cross Taxi Fare Prepayment)
Regulation 2012 (NSW)
● Amended the Passenger Transport Regulation 2007 (NSW)

‘People and Places’

● Coordinated education and public information campaign about risky
drinking.
● Kings Cross Festival to invite a more diverse group of people to visit.

Legislation:
● Liquor Amendment Act

Non-Legal Responses
Government Initiatives
● Clean up the Cross was implemented by the NSW Government on the 18th of
September 2012.
● The Cleaning up the Cross campaign sought to implement increased public
transport, increased the number of police officers patrolling Kings Cross on
Friday and Saturday nights, and introduced liquor licensing reforms.

45
● A new form of liquor licences will be implemented which will limit the venues
to 60 customers or less as well as a sobering-up centre that will be operated
by police and provide a place for intoxicated individuals to stay for the night

Alcohol industry
● It's in the interest of the industry to monitor and discourage excessive drinking
to promote a generational change in the way Australians consume alcohol
● to increase the age that young Australians are introduced to alcohol, as
evidence has shown that alcohol can affect the development of the
adolescent brain.
● Website also provides alcohol-related topics to discourage excessive drinking
by highlighting the negative impacts.

Media
● The media expressed their opinions on the issues of alcohol-related violence
through their contribution to spreading awareness of cases where
alcohol-related violence has affected the lives of young people

● In the case of R v Loveridge 2013 and 2014 the media responded with
outrage over the sentencing time for Kieran Loveridge the media, as well as
the public, felt that the original sentencing carried out did not reflect the
severe nature of the crime committed, further outcry led to a review of the
original sentencing which resulted in larger sentence being imposed of 13
years and 8 months

● The media had a strong, active movement towards the removal of lockout
laws in Australia primarily in the CBD, Oxford Street and Kings Cross

Parent/community activism
● Thomas Kelly Youth Foundation: The campaign focuses on promoting the
prevention of harmful behaviour, including that associated with alcohol
abuse, self-harm and suicide is at the core of the Foundation’s Take Kare and
Stay Kind work.

● Take Kare Safe Space is operated by the Foundation. Take Kare Ambassadors
are there to improve safety and amenity on Sydney’s streets. Every Friday and
Saturday night from 10 pm-4 am volunteers provide on-the-spot assistance to
young people and others who may seek support. The vultures do things like

46
 helping someone get to public transport or reconnecting them with their
friends, or handing out bottles of water. Take Kare Safe Space provides
somewhere where young people can rest their feet, get rehydrated, charge
their phones, get first aid, find transport home or wait for friends.

Effectiveness of Lockout Laws

● Reduction of assaults in inner-city areas
○ Kings Cross 32% and CBD 26% (BOCSAR, 2016)
● Increase in assaults in surrounding suburbs
○ Newtown, Bondi, Coogee and Double Bay (17%) (BOCSAR, 2016)
● Many bars and hotels in Kings Cross area have closed
○ Estimates by business owners that foot traffic has dropped by 70%
(Daily Telegraph, 2018)
● A Senate Inquiry was held in 2019 into ‘the need for a nationally consistent
approach to alcohol-fuelled violence”

Proponents
● Premier Gladys Berejiklian said the “city's night-life needs to be resurrected for
the sake of jobs, but community safety will always be the primary focus.”
(ABC, 2019)
● Supported by the music industry - artists reported previously being offered
unpaid gigs for food or beverages (ABC, 2019)
● Sydney Mayor Clover Moore and Independent Member for Sydney Alex
Greenwich supported the move to “improve night-time economy and
culture” in Sydney

Opposition
● Perceived inconsistency or hypocrisy in policy - supported the argument that
it was reactionary
● "This appears to be the Government prioritising a particular business over
public health" - President, Australian Medical Association
● St VIncent’s Hospital expressed disappointment - Emergency Department was
like a "conveyor belt of carnage" pre-lockout laws. Reported that since
lockouts:
○ not one alcohol-fuelled assault death
○ 25% reduction in alcohol-induced injuries
○ est. $500,000 savings

47
Women
● Traditional roles of men often saw them as the breadwinner and the head of
the household, while women were the wives and mothers.
● Because of these stereotypes women were seen as weak and men as strong-
men assumed control over many aspects of women’s lives:
○ Political
○ Financial
○ Reproductive

Stereotypes and gender norms have allowed discrimination and disadvantage to

become entrenched in society and historically in the law.

Direct Discriminiation
Occurs when there is an unreasonable rule or policy that is the same for everyone
but has an unfair effect on people whow share a particular attribute.

Indirect Discrimination
Occurs when a person, or a group of people, is treated less favourably than another
person or group because of their background or certain personal characteristics.

Legal responses
Women’s Legal Status Act 1918 (NSW)
Gave women the right to enter professions and be elected into parliament

The Anti-Discrimination Act 1977 (NSW)

Unlawful discrimination on the basis of sex, race, marital stuts, disability,
responsibility as a carer, sexuality and age

Sex Discrimination Act 1984 (Cth)

Eliminate discrimination on the basis of sex, marital statue or pregnacy inareas
such as employment, education, accomdation and housing, provision of
goods and services, insurance and superannuation. Sexual harrassment
included as a form of discrimination in employment and education.

48
 Workplace Gender Equality Act 2012 (Cth)
Aims to improve and promote equality for both women and men in the
workplace.

Family Law Act 1975 (NSW)

Deals with divorce, parenting arrangments between seperated parents
(whether married or not),property separation, and financial maintenance
involving children or divorced or separated de facto parents.
● Introduced no fault divorce

Glass Ceiling and Sticky Floors Report

Barriers to the careers of women in the Australian finance industry Australian
Human Rights Commission, 1997
● Confirmed the results fo previous studies that women are concentrated
in part-time, lower-grade work with limited opportunities for training
and advancement.
● Gender pay gap
● Superannuation gap

Non-Legal Responses
Lobby Groups
Australian Gender Equality Council
● Responds to change in gender equality in Australia

Women’s Electoral Lobby (WEL)

● Works to ensure the rights of women are protected. Important in
introducing the equal pay for equal value principal in 1972.
● However they cannot take legal actions.

Trade Unions
The Australian Council of Trade Unions (ACTU) advocates for workplaces free
of sexism, racism and all forms of discrimination, violence, harassment and
prejudice.
● Equal pay for equal work
● Improved childcare
● Universal superannuation

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Women’s Legal Service
They provide specialist legal services that relate to domestic violence, sexual
assault, family law, discrimination, victims support, child protection, human
rights and access to justice.

Federal Office for Women (FOFW)

Provides policy advice to Minister for Women, implements programs to
combat issues, represents Australia internationally and has responsibility with
the government for implementing CEDAW.
● UN Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) 1981

Designated to design policies and programs that advocate for gender

equality and to improve lives for women around the whole of the Australia.
● The FOFW heavily relies on funding and grants to operate at full
capacity.

Women NSW
Part of the NSW Dept of Health. Advises state government and has
responsibility for Domestic Violence Prevention.

Aims to improve the lives of all women in NSW by achieving justice and
equality through policy, innovation and collaboration.

WGEA
A government agency created by the Workplace Gender Act 2012. WGEA
collects and communicates data regarding to gender workplace equality.
Using this data WGEA promotes and improves equality in the workplace in
Australia.
● Lengthy report submission process and the WGEA portal is only open
for 2 months every year.

National Council of Women Australia (NCWA)

A non-government organisation with primarily humanitarian and educational
goals. It aims to increase women and girls' awareness of their rights and
obligations as citizens and to promote their participation in all facets of
community life.
● Primarily used to spread awareness and education

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 ● Not able to take legal action

AHRC
Established by the Australian human Rights Commission Act 1996 (Cth)
● Administers the federal discrimination laws
● Develops policy and research
● Investigates complaints and organises conciliation
● Works with other agencies, i.e. Customs on trafficking

Vulnerable Groups
● Legal responses to issues faced by women have largely ignored the
intersectionality of disadvantage.
Intersectionality of disadvantage: explains how people may experience overlapping
forms of discrimination or disadvantage based on attributes such as Aboriginality,
age, disability, ethnicity, gender identity, race, religion and sexual orientation.

Domestic Violence
‘Violence, abuse and intimidation between people who are currently or have
previously been in an intimate relationship. The perpetrator uses violence to control
and dominate the other person. This causes fear, physical harm and/or
psychological harm.’
This includes:
● Physical assault
● Sexual abuse
● Verbal abuse
● Emotional abuse
● Finanacial Abuse

Domestic violence is a complex, multfaceted issue with many different drivers and
contributing factors.

Drivers:
● Gender norms
● Acceptance of violence
● Men controlling decision making
● Limits to women’s independence
● Aggressive and disrespectful interaction between men

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Contributors:
● Discrimination
● Experience of and exposure to violence
● Alcohol and substance abuse
● Some cultural and religious practices
● Lack of knowledge of Australian laws
● Loss of family and community support systems

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