23 Topic 1 The Australian Legal System Australia s legal system is one based on democratic principles and the protection of fundamental commonly held values and beliefs of the community. Our system of laws has developed over time from Rules Customs Religious beliefs or Creeds Codes Customary law Common law Received law (the Acts of Parliament of Britain) Rules are either legal or non-legal. Courts cannot enforce non-legal rules. Such rules are usually of a social nature for example the rules of a club. Legal rules can be in the form of Acts of Parliament (statutes) or regulations or by laws or judge made case law. Courts can enforce legal rules. Customs are the socially acceptable conduct of a group. Religious beliefs are often reflected in creeds such as the Ten Commandments. Codes are a written form of the laws of a society. They may also indicate appropriate sanctions for a breach of the code. Customary law is based on long-established traditions of behaviour that form the basis of acceptable behaviour in a society. Such law may include religious beliefs. Common law or case law is the body of judgments made by judges in courts over time. These decisions can be distinguished from the statutes or Acts of Parliament that were received by the early colonies in Australia and known as received law. Legal Systems Legal systems differ from country to country. Australia is a Constitutional Monarchy with the Queen of England as the Head of State, represented in Australia by a Governor-General. Australia could become a Republic. This is a system of government where the nation either appoints or elects a Head of State. There are different models of a Republic around the world. The leadership of countries around the world is varied. Some countries operate as a military dictatorship while others are partly democratic and some wholly democratic. Australian citizens are subject to the laws of other countries when they visit as tourists. Australia operates as a parliamentary democracy. This means that the people elect the representatives to make laws on their behalf. So the people decide who will be the lawmakers. B. Bash 2005. All rights reserved and photocopying is prohibited.
24 SACE 2 Legal Studies Essentials Workbook Functions Of Law The two main functions of law are to Establish and maintain social cohesion (the maintenance of society through the upholding of shared beliefs = social harmony) Facilitate social progress within a culturally diverse society 1 It is through social cohesion that we can provide for the future of society and so make social progress for the next generation, and we can only do this if we make laws to uphold rights and values and provide a means of ensuring that those rights and values are upheld. How do we achieve social cohesion? By providing laws which identify and reinforce the social, moral, economic, religious, and political values of society which may from time to time be subject to change. Examples of values include the banning of backyard burning to protect the environment (social), the requirements for a legal marriage (social, moral and legal), the upholding of contracts (economic), freedom of religion (religious), the secret ballot (political) By setting the standards of acceptable conduct and setting sanctions for unacceptable conduct. An example of a law that sets a standard of acceptable conduct is that of the Equal Opportunity legislation which sets out the types of unlawful discrimination. This law regulates relationships between people in the workforce, in education and in the provision of goods and services. By establishing dispute settling mechanisms to resolve disputes between individuals, or between the State and individuals. Our courts (Magistrates, District and Supreme in South Australia), and tribunals such as the Equal Opportunity Tribunal are the institutions that resolve disputes. By acknowledging the need to change laws in response to our changing, evolving society. The values of society set the standards of acceptable conduct which give rise to rights. When standards are breached disputes may arise. Over time society changes the values and NEW standards of conduct are set, NEW rights arise and NEW disputes arise that require dispute resolution. An example of this need can be seen in the changing attitudes of people to family law issues such as divorce and the recognition of de facto relationships. The Federal and State Legislature have responded by passing laws to recognise these changes in societal attitudes. Disputes arose as to how ex-nuptial children should be dealt with and the legislators resolved this issue by referring state power over these children to the Commonwealth Parliament. By establishing laws that acknowledge and uphold the rights of individuals and groups, while at the same time promoting the welfare and interests of society as a whole. The law and the legal system seeks to protect a range of rights including common law rights (right to a fair trial), Constitutional rights (freedom of trade between the States), statutory rights (right not to be discriminated against under Equal Opportunity legislation), democratic rights (right to vote), legal rights (right to silence), civil rights (right to freedom of association), social rights (right to marry the person of your choice), economic rights (right to buy and sell property), and rights gained through treaties (right not to be discriminated against because of your race Racial Discrimination Act 1975 Cth.) B. Bash 2005. All rights are reserved and photocopying is prohibited.
25 The conferring of rights gives rise to corresponding obligations. For example the right to life means we have to respect other people s right to be free from violence. The right to own property and the freedom to enjoy such property in peace means that we have an obligation to respect other people s property and not damage it in any way. The acronym VADER may be used to remember the ways in which we achieve social cohesion. We need laws that will uphold and maintain V A D E R Values of society Acceptable conduct Dispute resolution mechanisms Evolving society requires changing laws Rights of individuals and groups The institutions that carry out these functions are The Legislature L Parliament the principal lawmaker The Executive E Cabinet administers and enforces the laws The Judiciary J Judges in courts resolve disputes How do we achieve social progress? By making and enforcing laws that maintain social cohesion. By reforming the law in response to a recognised need for change e.g. society s values change over time (especially in an area like family law) and technology brings changes in the way we live we therefore need structures to change the law and processes for reviewing the law as society chooses new values and redefines existing values over time. By facilitating progress from one generation to the next. For example making laws that will protect the environment, provide for economic development, assist the development of young people and preserve the family unit. Examples of how social cohesion may be achieved. The Legislature passed a law making road rage illegal so setting a standard of behaviour to reflect society s values. An appropriate sanction for such a breach of the law could be a bond for good behaviour or Community Service Order. A dispute about the behaviour described above would be resolved in the Magistrates Court. The new legislation had become necessary because of community concern over the increasing number of incidents of road rage. The rights of the accused person would include the right to be presumed innocent until proven guilty, and the right to a fair trial and an impartial judge. B. Bash 2005. All rights reserved and photocopying is prohibited.
26 SACE 2 Legal Studies Essentials Workbook Types Of Law (Classification) Laws may be contained in statutes (Acts of Parliament), regulations, or in case law. Laws set the standards of acceptable behaviour and exist to bring about just outcomes to disputes that arise. Laws may be classified into PUBLIC LAW or PRIVATE LAW. Public Law 1 This kind of law relates to disputes between individuals and the State and may forbid certain conduct that is likely to disrupt social cohesion. Constitutional disputes These are disputes between governments called inter se disputes. The dispute between Tasmania and the Commonwealth in the Tasmanian Dam case is an example. Constitutional disputes may also involve a challenge to Commonwealth legislation with claims that the legislation has been made ultra vires (outside the lawmaking powers granted to the Commonwealth). Criminal disputes Industrial disputes Administrative disputes International disputes Disputes between the State and the individual. See below for details about criminal offences. Disputes about award wages or working conditions. Disputes between the individual and the government the outcome of which may affect others for example income tax disputes with the Taxation Department. These disputes may involve war crimes, extradition. Criminal offences Types of criminal offences range from Summary offences (those for which imprisonment of up to two years or fines of up to $120,000 apply e.g. common assault. Minor indictable offences include those for which the maximum term of imprisonment is five years and/or a fine not exceeding $120,000 e.g. indecent assault, breaking and entering. Indictable offences (those for which imprisonment may exceed five years) include more serious offences such as assault occasioning grievous bodily harm, murder and treason). Criminal offences are punished by the State if the individual is found guilty, while an offence like drug smuggling is a Federal offence. There are elements of an indictable criminal offence. They include actus reus (guilty act) and mens rea (intent). Criminal disputes can be classified according to whether they are against the person (e.g. assault), against property (shop stealing), or against public order (offences such as disorderly behaviour, prostitution, carrying offensive weapons, driving under the influence or possession of drugs. Some offences are regarded as strict liability offences such as parking and speeding offences where the person has been recorded as offending. Such offences do not require the proof of mens rea. B. Bash 2005. All rights are reserved and photocopying is prohibited.
27 Victimless Crimes Examples include drug users and prostitutes who willingly participate in an illegal activity so they are not regarded as victims. Victims of Crime The Victims of Crime organization (VOCS) supports victims in the court and Victims Compensation Levy is payable by all offenders. This levy is attached to speeding fines and other on the spot fines and goes into a fund for victims. It is only at a Family Conference for youth offences that the victim has any right to participate in our legal system. Victim Impact Statements can be made to a court and the judge may consider them along with other factors when sentencing. Private Law This kind of law relates to disputes between individuals and regulates dealings between individuals. Tort Contract Family Property Succession These are disputes that are civil wrongs such as nuisance, negligence, and defamation of character. See below for details about negligence. Both personal contracts and laws that regulate business transactions, and cover business contracts. Disputes regarding the residence and contact orders and parenting orders or disputes about property on the dissolution of marriage or the end of a de facto relationship. Disputes about ownership or payment for property. Disputes about wills, estates and trusts and property. Negligence occurs when a person has a duty to take reasonable care in the circumstances and does not do so. The standard of care required is that of a reasonable person in the circumstances. The person should have been able to reasonably foresee the consequences of their actions or omissions. The principle of duty of care has been well established by the courts and requires a person to prove their case by establishing that a duty of care existed, the duty of care was breached and a loss resulted from the breach. There is also a need to establish that the negligent person could have reasonably foreseen the injury or loss that resulted from the breach. Students need to be able to classify laws when answering Fictitious Situations as the first question often requests this information. If the question relates specifically to criminal or civil matters. It is useful to give examples of specific laws to demonstrate your understanding of the type of laws that will promote social cohesion and social progress and in so doing use the classification to identify the type of law involved. B. Bash 2005. All rights reserved and photocopying is prohibited.
28 SACE 2 Legal Studies Essentials Workbook Citation of cases For civil cases Original jurisdiction Plaintiff v Defendant e.g. Bowman v Wilson Appellate jurisdiction 1 If Wilson appeals the case could be cited Wilson (appellant) v Bowman (respondent) or the reverse if it is Bowman who appeals. If there is more than one party It is usual to use the name of the first party listed and then et al (meaning and the rest) or and ors to mean others e.g. Bannister et al v Christie OR Bannister ors v Christie. If the State is involved in the case The case would be cited State of South Australia v Coe or simply South Australia v Coe. If the Crown is a party to the litigation The case is cited The Queen v Samuelson If the State challenges the Commonwealth the case is cited as South Australia v Commonwealth. For criminal cases Original jurisdiction In the Magistrates Court the police may be prosecuting so it is the police v the accused e.g. Constable Roe v White, but in indictable cases in higher courts it is the crown or prosecuting authority such as the Director of Public Prosecutions (DPP) who prosecutes the accused (or defendant) e.g. R v Simpson. (R represent Rex for King or Regina for Queen) or it may be cited DPP v Simpson. Simpson is the accused or defendant. Appellate jurisdiction As for civil appellate citations e.g. if a Mr Lawson was convicted of murder and appealed the severity of the sentence the appeal would be cited Lawson v R. If the crown appeals a light sentence in a serious matter then the case is cited R v Lawson. B. Bash 2005. All rights are reserved and photocopying is prohibited.
29 STUDENT REVIEW EXERCISE Identify the types of law in the following i.e. classify the laws. a. Your house has been broken into and many items stolen..... b. Your neighbour keeps pruning your rosebush that overhangs his garden. You do not want him to do this..... c. Your uncle has invested money for you to inherit. On his death your aunt claims he did not know what he was doing when he made his will.... d. There is a break up of the family of your friends. They cannot agree about the residence of the children and are having difficulty making a parenting agreement.... e. The painting firm that you hired to paint your house has used the wrong paint.... f. An historian discovers an older version of the official map of the SA/Victorian border. Victoria disputes the validity of the map, as they would lose Territory.... Answers may be found on Page 240. ESSAY EXERCISE These types of questions require analysis. Practice your analysis here. 1. Discuss whether it is possible to make laws to uphold every value held by members of Australian society... B. Bash 2005. All rights reserved and photocopying is prohibited.
30 SACE 2 Legal Studies Essentials Workbook 2. Should Australian laws be more responsive to community concerns?.. 1 3. Outline the major influences on the development of Australian law... 4. What is the role of our lawmakers in upholding the functions of law?.. 5. How effective is the Judiciary in protecting the rights of people in disputes?.. An outline answer may be found on Page 240. B. Bash 2005. All rights are reserved and photocopying is prohibited.
31 The Basis of Government in Australia (a) The Australian structure of government (i) (ii) (iii) (i) A Constitutional Monarchy. The Separation of Powers between the three institutions of government. The Federation of the States. What is a Constitutional Monarchy? The hereditary King or Queen is the Head of State, but is represented in Australia by an appointed Governor-General at Commonwealth (Federal) level and by a Governor at State level. A Constitution is a set or rules by which a country will be governed. It can be unwritten (UK) or codified (written) as our Constitution. Some authorities do not regard the Queen as the Head of State as authority is vested in the Governor-General and the Queen is seen only as a titular head of state. Australia has a written Constitution that outlines the roles and powers of the Federal (Commonwealth) institutions of government and outlines the Division of Powers between the Commonwealth and State Parliaments. (ii) What are the three institutions of government? The Legislature is the Parliament that consists of two houses within which the elected government is formed by the party with the majority of seats in the lower house and operates as a Parliamentary democracy. Their principal role is to pass laws in the form of Acts or Statutes. The Executive consists of a Cabinet of Ministers of the Crown. All Ministers must be members of Parliament. The Executive administers and enforces the law. The Judiciary consists of the judges operating independently in courts to administer justice and who cannot be members of either the Legislature or the Executive. Their principal role is to resolve disputes. These institutions operate at both State and Federal level. A useful acronym to remember them is LEJ. (iii) What is a Federation? The union of the Australian colonies in a Federation resulted in the colonies giving up some powers to a Federal (central) national government in the interests of all the colonies which then became States. Our federation is called the Commonwealth of Australia. (b) Features and Role of LEJ to support Social Cohesion 1. Legislature (Parliament) Parliament is the sovereign or principal lawmaker and therefore lawmaking or legislating is their principal role. The powers of Parliament are defined by the Constitution/s. Laws passed by previous Parliaments do not bind them, for example it would be possible for a future labour government to amend the law relating to the GST. B. Bash 2005. All rights reserved and photocopying is prohibited.
32 SACE 2 Legal Studies Essentials Workbook 1 Parliament is based on the democratic operation of Responsible and Representative Government so the party with the majority of seats in the lower house forms government. This is an unwritten rule or convention adopted from the British Westminster system. Parliament is the only regularly elected institution and Parliament has a role in scrutinising its own performance through question time, and the establishment of Committees of Review. Royal Commissions, and Parliamentary enquiries may also throw light on the operation of Parliament and lead to reform. Parliament must approve government spending in the form of budget bills. These are also called money bills, appropriation bills or supply. The Governor-General is head of the Executive but also head of Parliament at Federal level. He is responsible to the Queen as her representative. He summons and dissolves Parliament or prorogues Parliament, which means that he suspends Parliament at the end of a session without an election intervening. He also signs writs for the double dissolution of both houses for a general election (on the advice of the Prime Minister). 2. Executive (Cabinet) role of government Governments have an administrative role that requires them to enforce the acts and regulations, oversee government departments, collect taxes, and spend public monies on services. The Executive oversees delegated legislation (regulations) and therefore has a democratic role and is responsible to Parliament as the power to make regulations comes from Parliament through an Enabling Act or Parent Act. The Executive has a scrutinising role through ministerial review. The Cabinet is the policy forum for the government and provides the majority of the bills that go before the Parliament. The Federal government negotiates agreements with other governments in Australia and overseas and signs international treaties on behalf of Australia. By convention the Federal Cabinet advises the Governor-General. 3. Judiciary (Judiciary in courts) Dispute resolution is the principal role of judges when a legal dispute is before them. Judges create, apply and develop case law over time. Judges interpret the meaning of the Acts and Regulations (statutory interpretation). Judges decide if a body has acted ultra vires (outside their powers as outlined in legislations and the Constitution/s) and may declare legislation invalid. This is a scrutinising role. B. Bash 2005. All rights are reserved and photocopying is prohibited.
33 The Doctrine of the Separation of Powers The Doctrine is designed to prevent the concentration of power in the hands of just one institution of government. How does the Doctrine operate? Each institution is notionally separate and independent but related. Each provides checks and balances on the others. Each is derived from the British Westminster system. Each has features that are aimed at maintaining social cohesion and each operates at Federal (Commonwealth) and State level. Overview of the Relationship between the LEJ The Legislature is the sovereign lawmaker and can revoke delegated power given to the Executive or disallow regulations as well as override case law made by the Judiciary (the exception being the High Court interpretations of the Constitution). The Judiciary can declare an Act of Parliament to be ultra vires the Constitution and therefore invalid. Judges undertake statutory interpretation to give meaning to Statutes (Acts) when a dispute comes before them. This may result in an interpretation that changes the intention of Parliament. The Full Bench of the High Court of Australia is the final interpreter of the Constitution. The Executive is responsible to Parliament for the operation of the government departments and the spending of public monies. They may be scrutinised through question time and urgency debates. The Executive appoints judges to the bench and may call upon Parliament to dismiss a judge for proven misbehaviour or incapacity. The Executive provides the money from the public purse for the operation of the courts. The Judiciary can declare Regulations to be ultra vires the Parent Act (Enabling Act that established the delegated authority) or the Constitution. Judges interpret the meaning of Regulations when a dispute comes before them and may change the intention of the Executive by the way they interpret the Regulations. See Pages 65-67 for details of the interrelationship of LEJ. (b) The principles of our legal system (i) Representative Government Australia s system of law and government is based on the principle of a Parliamentary Democracy. This means that the members of Parliament are elected from time to time by the people i.e. it has Representative Government. The key features of Representative Government include Universal franchise provides for all adult citizens who are residents to vote in regular elections. The elected representatives are accountable to the voters. B. Bash 2005. All rights reserved and photocopying is prohibited.
34 SACE 2 Legal Studies Essentials Workbook 1 Equality of voting is a feature of the system as there is one vote one value and the ballot is conducted in secret. Members of Parliament are paid so that all sectors of society can participate. Parliamentary debates and question time are open to the public this provides for an open Parliament. The Separation of Powers doctrine operates so that each of the three institutions of government is separate and can guard against the misuse of government power. This avoids the concentration of power in the hands of just one institution. Parliamentary privilege provides for full and frank debate as members of Parliament are protected from being sued for defamation for comments made within Parliament. Civil rights are upheld. These include freedom of political expression, freedom of association, and freedom of assembly. These key features support the maintenance of social cohesion. Summary of Parliamentary Democracy It is based on the principle of Representative Government and this means that the people elect Parliament. Parliament operates as a two-house or bi-cameral system. The government is formed by the majority party/parties in the lower house. The Ministers of the Crown (Cabinet) are responsible (answerable) to Parliament and this principle is called Responsible Government. (ii) Responsible Government Government department public servants are answerable to the Chief Executive Officer (CEO) of the department who in turn is answerable to the Minister responsible for the department. Ministers hold a portfolio for that department and are answerable to their Cabinet colleagues and to Parliament and ultimately to the people at the ballot box. (iii) Independence of the Judiciary The judiciary is a separate body from Parliament and the Executive so a person cannot be a member of the judiciary and a member of Parliament. Parliament should not interfere with the independence of judges, nor should the Executive attempt to influence their decisions in any way. Parliament recommends the appointment of judges to the Governor (Governor-General at Federal level). Judicial independence is necessary to uphold the basic freedoms of all citizens. (iv The rule of law In order for the three institutions of government to maintain social cohesion they must support the rule of law. B. Bash 2005. All rights are reserved and photocopying is prohibited.
35 What are the elements of the rule of law? (v) No one is above the law and even governments must obey the law. Laws must be made in a democratic manner free from arbitrary power (power that has been exercised in an irrational manner or exercised by the individual whim of a person or group in power). Everyone should have the right to have their case heard by an impartial, independent judge according to law. Constitutional law is the supreme law. Implicit in the rule of law are individual human rights including the right to life, to freedom of speech, political and religious freedoms and equality of all people before the law. Natural Justice This is an element of the rule of law and relates to the preservation of freedoms and rights of individuals against the arbitrary use of power. The elements of natural justice include the following The right to a fair trial and a speedy hearing and the opportunity to present one s case and the right to a defence when accused of a crime. All people should be treated equally before the courts and an accused person is entitled to an independent, impartial judge. (c) An overview of the Australian Court System Our system of courts operates through a court hierarchy. This means that the courts in the system are graded in order of seniority or importance. The basic structure of the hierarchy in the state is that of Superior Court at the top (Supreme Court), intermediate court in the middle (District Court), and lower or inferior court (Magistrates Court) at the bottom of the hierarchy. The hierarchy has the following features Courts are involved in both civil and criminal cases but these types of cases are conducted separately. There are specialist courts and tribunals these are all inferior courts that cannot hear appeals from other inferior courts. Examples of the specialist courts include the Children s Court, the Coroners Court, and the Nunga Court. There is a system of appeals from inferior courts to superior courts with the High Court of Australia in the federal hierarchy being the highest court in the land. Appeals from state Supreme Courts may be heard by the High Court. The hierarchy is necessary to provide for the system of appeals and is a more efficient allocation of resources and is more administratively convenient. Imagine the delays if everyone had to wait to use the same court! The Federal Court Hierarchy has the High Court of Australia as the superior court with Federal Courts such as the Family Court, the Federal Court, and the Federal Magistrates Courts all being inferior to the High Court. Appeals may be made from these courts to the High Court. B. Bash 2005. All rights reserved and photocopying is prohibited.
36 SACE 2 Legal Studies Essentials Workbook The Federal Court has both civil and criminal jurisdiction, but the Family Court is a specialist court and the Federal Magistrates Court hears civil matters. There are also a number other specialist courts and tribunals such as the Bankruptcy Court and the Human Rights and Equal Opportunity Tribunal. STUDENT REVIEW EXERCISE 1 Indicate the principles revealed by the following a. Migrants are granted the right to vote at a general election if they have been naturalised..... b. The Minister for Fisheries reported to Parliament on the findings of a Committee of Enquiry into the welfare of white whales.... c. The Attorney-General advises a District Court Judge to be lenient on the photographers on trial because they were caught filming whales inside the 200-metre limit.... d. Tan who is permanently employed applies for accommodation in a block of flats that have just been built. Tan is turned away in favour of Tom who has only part time work.... e. Leah and Daniel want to turn off the life support machine attached to their daughter who was in a car crash and has brain damage. Rick as godfather, wants the machine left on. f. Mildura wanted to secede from Victoria following announcements that the Commonwealth would locate a low level nuclear waste dump outside the city. Essay Questions Make some notes for your answers here. (Answers may be found on Page 241) 1. Can there ever be a complete separation of powers? 2. Are there too many courts in Australia? B. Bash 2005. All rights are reserved and photocopying is prohibited.
37 SUMMARY Laws developed from rules, customs, religious beliefs, customary law and common law. Legal systems differ from country to country. Law is necessary to keep society functioning (social cohesion) and to provide for the future (social progress). Laws reinforce values held by society by imposing sanctions on those whose conduct is unacceptable and by protecting rights so as to uphold the rule of law and natural justice. Laws may be classified as Public or Private, Criminal or Civil. Institutions such as Parliament, the Executive and the Courts make, administer and enforce the laws and provide the means for settling disputes. As society changes and evolves so does the need for change in the law and we need structures (institutions) to make the change possible. Legal issues arise out of the application of legal principles (rules). The three institutions of government the Legislature, the Executive and the Judiciary are interrelated with the judicial arm being independent of the others. This is reflected in the Doctrine of Separation of Powers. Australia s legal system is currently based on a Constitutional Monarchy, which operates on the principles of Representative and Responsible Government within a Parliamentary Democracy. Our court system is an essential mechanism for resolving disputes. Brief Review Questions CONFIRM YOUR UNDERSTANDING 1. What is meant by a bi-cameral Parliament? 2. What is a Cabinet? 3. What is the main function of the Legislature? 4. What is the main function of the Executive? 5. What is the main function of the Judiciary? 6. Explain the reason for the Separation of Powers... B. Bash 2005. All rights reserved and photocopying is prohibited.
38 SACE 2 Legal Studies Essentials Workbook 7. What is a court hierarchy and why do we have a hierarchy?. 1 Answers may be found on Page 241. SAMPLE EXAMINATION QUESTIONS Note Form Answers are provided on Page 241. Part A Short Response Questions Short Answer Questions 1. Briefly explain the functions of law in the Australian legal system. 3 marks 2. What is the purpose of the separation of powers? 2 marks 3. Explain the term representative government. 2 marks B. Bash 2005. All rights are reserved and photocopying is prohibited.
39 4. How is a government chosen at election time? 2 marks 5. What is a court hierarchy? 1 mark Media Analysis Cats and dogs are not likely to be a menu item in South Australia following the passage of the Summary Offences (Consumption of Dogs and Cats) Amendment bill 2004. Under the legislation if you should unwittingly process, supply or consume dog or cat meat you will not be guilty of an offence. Debate on the Bill raised the issue of cultural differences in eating habits. The bill was prompted by perceived community discomfort at the thought of eating animals that are pets and companions. However, this does not reflect the cultural beliefs of all members of our community. It would seem that the legislation is directed at protecting the aversion of the dominant culture in Australia to such practices. Adapted from The Advertiser, article by David Howard, Points of Law, February 21, 2004. 1. What is the role of Parliament in relation to this issue? 2 marks 2. How does this Bill provide protection of the rights of people, not just cats and dogs? 2 marks 3. How should the lawmakers handle the issue of competing values? 3 marks 4. Comment on the issue in relation to the functions of law. 4 marks Total 10 marks Make some note form answers in the space below and then check your answers on Page 241. B. Bash 2005. All rights reserved and photocopying is prohibited.