C H A P T E R 1 : L A W I N S O C I E T Y

 Rules tell us what we can and cannot do
Classification Law-makers Enforcement
Non-legal rules
Legal rules
Made by private individuals or groups, e.g. parents, schools
Cannot be enforced through the courts
Made by law-making bodies with the force of law, e.g. parliament, local councils
Can be enforced through the courts

 Main aims of the law:
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Protect society
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Keep society functioning
Protect individual rights
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Stop behaviours that affect the good order of society
Provide guidelines of acceptable behaviour and prevent conflict

Known to the Public
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If a new law is not communicated to the public it cannot be followed
Major law changes are often reported in the media
Speed laws change along the roads, signs inform the public
Acceptable to the community
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If the law is not acceptable people may disregard it
If a law is no longer acceptable to the community it needs to be changed

Able to be enforced
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If people break the law they must be able to be caught and bought to justice
If not people will not follow the law
Stable
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If the law is constantly changing no-one would know what the law was and there would be chaos

Able to be changed
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A law needs to be able to change with changes in community values
Laws need to change to keep up with changes in technology
Learning Activity 1.3,
Question 7
Online Investigation for homework

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 a) Criminal and Civil law b) Way laws are made
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Laws made by parliament – acts of parliament
Laws made by sub-ordinate authorities – e.g. local councils
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Laws made by courts

 Aims:
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To apprehend, prosecute and punish people who have broken the law
To deter others from breaking the law
Examples of Criminal Law Words commonly used
Crimes against:
-person (e.g. murder, assault, rape)
-property (e.g. theft, vandalism, fraud)
-morality (e.g. prostitution, drug use)
-the legal system (e.g. perjury, contempt of court)
-the state (e.g. treason)
-prosecution, the Crown, the state (party bringing the case on behalf of the state)
-accused, the offender (the person who has been charged with an offence)
-suspect (person who is suspected of a crime)
-guilty/not guilty
-charge
-sentence
-conviction

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Civil law involves a dispute between two parties
The aim of civil law is to return the person whose rights have been infringed back to their original position
Examples of Civil Law Words commonly used
-tort law (e.g. negligence, nuisance)
-family law (e.g. marriage, adoption, divorce)
-industrial and workplace laws (e.g. OHS, workplace agreements)
-consumer law (e.g. advertising law, tenancy agreements)
-property law (e.g. wills, real estate purchases)
-plaintiff
-defendant
-sue
-compensation
-damages
-civil wrong
-defamation
-negligence

 When deciding if a case is civil or criminal, you should look at:
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The consequences
The intention of the case (Does the case seek a civil remedy such as compensation? Or does it seek to punish the offender?)
 Learning Activity 1.4 Questions 2-3

 3 Levels of law-making bodies:
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Commonwealth Parliament – makes laws for the entire country in a range of areas
State and territory parliaments – laws given in the constitution for each state to make separately
Local councils – address minor issues in their area within the state

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Modelled on the British Westminster system
Relies on the government of the day having the support of the majority of the members of the lower house of parliament to govern
Role of parliament is to pass laws for the good government of the country or state
Commonwealth and Victorian Parliaments are
bicameral which means two separate houses.

Basic Structure of Parliament
Commonwealth
Parliament
Victorian Parliament
Queen’s representative
Upper House
Lower House
Governor-general
Senate
Governor
Legislative Council
House of Representatives Legislative Assembly

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Government: Members of the political party that holds the majority of seats/members in the LOWER house. They propose bills, but the whole of parliament has to pass them.
Opposition: Next largest political party in the lower house. They question the government about policy matters.

Prime Minister or Premier
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The leader of the winning political party becomes the head of government
Prime Minister at the federal level, Premier at the state level
Cabinet
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Head of government selects a cabinet made up of senior ministers
Cabinet is the policymaking body of government
It proposes new policies and directions
It decides what proposed laws will be presented to parliament for debate

House of Representatives
(Lower House)
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 role is to represent the people, introduce and pass proposed laws
(bills) and for the government those elected hold seat for three years
150 members
Senate (Upper House)
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76 senators elected altogether (12 per state, 2 for territories) election for half senate seats every 3 years, elected for 6 years role to introduce and pass bills, to review bills passed by the House of
Reps

Legislative Assembly
(Lower House)
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Role is to introduce and pass bills and to form government for state those elected hold seats for 4 years
88 members
Legislative Council (Upper
House)
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40 members
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 review bills passed by the Legislative
Assembly, can reject of amend bills hold seats for four years

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 parliaments are elected by the people and should therefore make laws that reflect the needs of the people law must change when the need arises for people to succeed in influencing a law, it is important that the media backs the change

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Government decides what changes in the law to initiate a bill (proposed law) is drawn up and presented to parliament
 Copy Diagram of a bills journey though parliament from page 27

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Parliaments do not have the time or expertise to pass all the laws necessary for running the country they delegate some of their law-making power to subordinate authorities
The are experts in their field and are more accessible to members of the public
Enabling Act: gives the subordinate authority power to make laws, outlines guidelines for law-making

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Statutory Authorities: bodies that are created by an act of parliament (e.g. Environment Protection Agency,
Australia Post)
Government Departments: government decides on general policies to be administered by government departments such as the Department of Human Services
Executive Council: made up of state governor and relevant ministers, make many regulations on behalf of statutory authorities and government departments
Local Councils: make local laws for their area. Each area has different needs and local councils are more aware of the needs of people in their area

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Learning Activity 1.3 questions 1, 2, 3, 4
Learning Activity 1.6 questions 1, 4, 5, 6, 7
Learning Activity 1.7 questions 1 – 4
Learning Activity 1.8 questions 1-3
Learning Activity 1.9 questions 3-5
Learning Activity 1.10 questions 1-4
Practice Exam Questions 1-4