Chapter 2 – The
presumption of innocence
2.1 Laws and the Australian Legal
System
 Laws and rules prevent anarchy (a state of chaos)
 Laws are legal rules generally made by parliament
 Enforceable by courts
 Sanctions (penalties) may be applied
 Laws which have been passed by parliament are referred to as Acts of
Parliament
 Non-legal rules
 Made by private individuals or organisations (e.g. school uniform rules)
 These are not enforceable by courts, but they may have other
consequences if breached (not followed)
2.1 Laws and the Australian Legal
System
 Read the “Introduction to the Australian Legal System” section
1. Describe the difference consequences that may apply if you break a
law as opposed to a non-legal rule.
2. Describe what Australia looked like before federation (1901).
3. Outline the role of the Australian Constitution and what it does
(function).
4. Identify five laws that, as an Australian citizen, you must obey. For
each law justify (give reason/s) why the law was made and the
consequences for breaking the law
2.2 Parliaments and Courts
 Definitions – draw up and complete the following table
Term
Parliament
Governor-general
Bicameral parliament
Political party
Independents
Courts
Court Hierarchy
Definition
2.2 Questions and Activities
1.
2.
3.
4.
Be ready to share your
responses. Anyone could
be called upon to share
State the number of parliaments in Australia.
Outline what is meant by a bicameral parliament.
Identify two federal courts and two Victorian courts.
Access the parliament of Australia’s website.
a)
b)
c)
d)
Which political party is in government?
When is the next federal election (year)?
Find the calendar. State when each of the Houses sit next.
Find two interesting facts about the Commonwealth Parliament and share with the
class.
5. Access the parliament of Victoria’s website
a)
b)
c)
d)
Which political party is in government?
When is the next federal election (month, year)?
Find the calendar. State when each of the Houses sit next.
Find two interesting facts about the Victorian Parliament and share with the class.
Other ways of knowing (choose one
or two)
 Draw a diagram which shows:
a) The structure of parliaments in Australia
b) The Victorian and federal court hierarchy in Australia
 Tell someone about:
a) A law that someone might have broken
b) The consequence of breaking that law
 Create a table:
a) With political parties (see p.37), one key politician, one main political
belief of the party
2.3 The rule of law
1. Describe what is meant by the rule of law.
2. Explain why the rule of law is important referring to the
example contained in the text.
3. Identify the principles designed to uphold the rule of law.
Outline an example of where each principle might not be
upheld.
4. There are many instances where individuals or businesses
breach (brake) tax laws. Referring to the legal principles
above, identify and explain which principle might cause the
problem.
5. Ignorance of the law is not a defence. Explain why you think
this might be the case.
Summary: Chapter 2
 Acts are laws created by parliament
 When individuals or groups break laws they incur sanctions
 There are legal and non-legal rules
 The Commonwealth and the States/Territories have parliaments
 Most are bicameral, but some are unicameral
 Lower and upper houses of parliament
 Different political parties, and independents, are in the parliaments
 Courts
 Hierarchy (which you will learn more about as we go along)
 Rule of law
 Applies to everyone
 Principles designed to uphold laws