This is just an introductory PP to Law and government in Queensland Australia.

1. government
and the law

2. Objective
For you to:
 gain a basic understanding of how our
legal system works
 become familiar with some terms that are
used in legal processes
 find out which court is which
 find out why we must have laws
 See the difference between rules & laws

3. Some Legal terms
 burdon of proof – prosecution must prove that the person accused is guilty of
the crime.
 actus reus – “guilty act” the prosecution must prove that the accused
committed the crime voluntarily
 indictable offences – serious offences that require a full trial with a jury.
(armed robbery, murder, serious drug offences)
 legally binding decision – an order given by a court that must be followed.
 presumption of innocence – innocent unless proven guilty
 Judge – a highly trained legal professional who presides over District, Supreme
and High Courts. His role is to advise the jury and pass sentence
 summary offence – criminal, less serious crime dealt with by the Local Court
(shoplifting)
 Remand – a person held in custody while they await trial
 Discretionary power – to exercise personal or professional judgment in
decision making

4. More terms
 fundamental rights – rights every person is entitled too
 age of majority – 18 judged as adult
 contract – a legally enforceable agreement
 witness - one who testifies or gives evidence in court
 anarchy – no law or government, people free to do as they please, society
unable to function
 Statute Law – Laws made by Parliament
 Common Law – also known as judge-made law, used when there is no
appropriate Statue Law
 Civil Law – Laws that govern the legal relationship between individuals and
individuals and organisations
 Contract Law – a legally binding agreement between two or more parties
 Tort Law – Civil wrongs
 legal capacity – the legal rights & responsibilities associated with a
person’s age
 doctrine of precedent – a judgement or decision of a court of law used in
similar offences, (stare decises), to stand by a decision

5. Why have laws and rules ?
 to regulate our society
 to protect us and our property
 to ensure everyone in our community behaves the way
society expects
 to protect our environment
 to protect our health
 to protect our privacy
 to protect business
Laws and rules influence every aspect of our lives
If you choose to break the law, the law will impose
consequences

6. Laws in our society must be
 JUST – no one is disadvantages or favoured
 ENFORCABLE – punishment of some kind is
necessary if laws are broken
 ACCEPTABLE – needs to fit in with the communities
it governs
Is a law and a rule the same thing? NO, but both
of them:
• set clear expectations
• have consequences if broken = punishment
• are acceptable to the group they govern

7. A law is ‘binding’ or applies to all
A rule is ‘binding’ only to members of a smaller organisation
 The smoke Free Environment Act makes smoking in any enclosed
public place illegal = law
 A club may have a rule that collared shirts must be worn at all times
in their premises = rule
What about regulations?
 These are different again. The term is often used incorrectly when
really meaning a rule.
Remember that rules and regulations are NOT laws
 Rules are specific and apply only to some people, some of the time
and regulations are more general
 Eg. School has regulations about the type of uniform to be worn, but
the school rules that state specifically how it is to be worn.

8. What happens if I break the Law?
Consequences are enforced by the police and/or court
system
The punishment may be:
 a fine for less dangerous crimes to lifelong prison terms for highly
vicious crimes like murder.
Other options:
 community service hours (only given to offenders not considered
dangerous)
 good behaviour bonds (criminals agree to stay out of trouble and report
to authorities regularly)SYSTEM
THE LEGAL & GOVERNMENT
Strongly connected - federal, state and local governments are
responsible for making and reforming laws.
Australian government is based on the principles of democracy = we elect
our government so citizens ultimately make the decisions.
We also use the federal system = 1 central government for the whole
country as well as 6 separate state and 2 territory governments.

9. DIVISION OF POWERS
Refers to the way federal, state and (to an extent) local governments
split up their areas of responsibility of power after federation (1901)
If State and Federal laws clash in an area they share, sect.109 of the
Constitution states that Federal law prevails.
So, the federal government can do whatever they
like?
NO – the powers of the Federal Government are mostly listed in
sect.51 of the Australian Constitution – remember the voters
SEPERATION OF POWERS
Refers to which part of government makes the law and which part has
to enforce it. Enforcement is distributed between 3 arms of g’ment
1. Legislative – responsible for passing Acts of Parliament
2. Executive – puts into practice the Acts passed by legislature
3. Judiciary – applies the law to individual situations. Settles disputes by
using the court system and law enforcement authorities (judges &
magistrates)

10. THE COURT HIERARCHY
High Court of Australia
Family Court of Australia Federal Court of Australia
State Supreme Court
Criminal – most serious
Civil - $200,000 and over
State District Court
Criminal – indictable offences
Civil - $40,000 to $200,000
State Local Court
Magistrate – Criminal – minor offences
Civil – under $40,000

11. FAMILY LAW
Deals with family issues such as marriage, de-facto,
AREAS OF LAW same sex relationships and the relationship between
parents and children
CRIMINAL LAW (beyond reasonable doubt)
Laws to protect the general public from harm.
A criminal case is between the accused and the
state. The prosecution must prove the elements of a
Family Law crime, often referred to as actus reus (the criminal
act) and mens rea, (intention to commit the act).
Various types are:
• crime against the person
• crime against property
• regulatory offences – affects smooth running of
Criminal Law society = traffic
(PUBLIC)
COMMON (precedent) CIVIL LAW
Governs the legal relations between individuals and
organisations. Launched by individuals or
organisations who seek the courts assistance to
solve a dispute that has arisen between them.
Common Law
Main areas are: Contract, Property & Tort Law.
(PRIVATE)
Mainly related to issues of trespass, negligence or
defamation.

12. Activities to complete
1. Why do we need laws
2. Should there be some areas in society where no laws exists?
Outline why/why not – give examples
3. Outline why society uses a system of L and P plates to designate
less experienced drivers?
4. Why are there laws about how to use a roundabout or traffic lights?
5. Explain, why are there demerit points tied to drivers licences?
6. Distinguish the difference between a rule and a law.
7. Explain what is meant by a hierarchical system of courts.
8. What is meant by public behaviour laws? Give two examples.
9. Explain the difference between an indictable and a summary
offence.
10. If the school had no rules, what do you think would happen? What
does that say about the importance of law to society?
11. What is the legal age a person can be employed full-time?

13. Moral values
The Law Ethical values
MORALITY – what is “good”, both public and private morality
ETHICAL – what is “right”, not necessarily what is good
As influences on our society change so do our moral and ethical values.
CHANGING the LAW
Effective laws are those that reflect the wishes of the majority of
society.
• To change Statute Law, a new Bill must be passed by the relevant
parliament.
• To change Common Law is much easier and this makes many
people critical of it. The process is affected by the court hierarchy.
If a lower court judge makes a decision that creates a Common
Law, the law can be changed by the decision of a judge of a
higher court.

14. Accessing the Law
COST:
Accessing the Law is very costly ie, in excess of $1000 a day in court
The Government provides legal service to people – Legal Aid
 The financially disadvantaged
 The disabled
 Those from non-English speaking backgrounds
 Disadvantaged Aboriginal and Torres Strait Islanders
TIME:
Cases may take a long time to be heard. The reliability of evidence is
reduced and people are remanded unnecessarily due to the backlog of
claims to be heard.
PROCEDURES:
Often lengthy, expensive and a highly complicated system combined
with citizens poor legal knowledge often affect their willingness to take
part. Migrants may have had to deal with a legal system that is highly
corrupt, serving those with money and influence.

15. European / English Law
CIVIL LAW – the basis of most legal systems in
Europe, it emphasis rights.
 uses the written code
 known as inquisitorial
COMMOM LAW civil law (person 2 person) – the basis of
English & Australian, it emphasis remedies.
 uses the doctrine of precedent
 known as accusatorial

16. THE END at last
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 If you have any queries about anything seen in
the show please ask your assessor.
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