This document provides an overview of the Australian legal system for a Year 10 Commerce class. It discusses several key points: 1. It explains the need for laws in society to provide protection, freedom, and to resolve disputes. The main roles of laws are to protect citizens, allow certain freedoms, and settle disagreements. 2. It outlines the structure of the Australian legal system, including the institutions of parliaments, courts, and prisons. It also discusses the professionals involved like judges, lawyers, and police officers. 3. It examines different types of laws including public law, private law, and family law. It also explores how laws are made through statutes and common law, and how they can

1. Law and Society
Year 10 Commerce, Mr Shipp 2015

2. 1. The Legal
Framework

3. Reasons for Laws
The law is a collection set rules
that society must follow
A main difference between a rule
and a law is its level of
enforceability
In extreme cases, an absence of
law (Government) can lead to a
state of anarchy
click here for news article
and here

4. Discussion Time
EXPLAIN THE NEED FOR LAWS IN SOCIETY
7:30 Report on the Loveridge Case
Syllabus point: explain the need for laws in society

5. Individual Society

6. Protection Freedom

7. There are three main roles of the law:
1. Protection - Laws can protect us from others and ourselves.
e.g. driving a boat while drinking
2. Freedom - to allow citizens certain rights and privileges. e.g.
buy property and move freely between states
3. Resolving Disputes - to stop individuals from abusing the
law. e.g. taking down your neighbours fence

8. Question Time
1. List two laws that strive to protect citizens in NSW
2. List two laws that allow individuals to act upon their
freedom
3. Argue for a law that may over protect us in society. In your
answer you must give relevant evidence to support your
argument
8 mins to complete
these questions

9. Reason why we need laws to protect us

10. Discussion Time
examine the rules and regulations applied in schools
and explain the similarities and differences with
established laws in society
5 mins to write down
as many school rules
(two column table)

11. The Legal System
The Australian Legal System is
based on the Westminster System
(England)
There are a number of institutions
such as Parliaments, Courts and
Prisons
It involves professionals such as
Judges, Lawyers, Police Officers,
Corrective Service Officers and
Politicians
Click Here

12. Marriage Act 1961 (Cth)
Crimes Act 1900 (NSW)
Racial Discrimination Act 1975 (Cth)
Anti-Discrimination Act 1977 (NSW)
Examples of Legislation
Syllabus point: assess how laws empower individuals and groups in
our society

13. Court Structure
The court hierarchy works similar to a school discipline hierarchy
The court structure is used to develop efficiency in order to deliver
justice.
A major problem in the legal system is the cost of a court appearance

14. Syllabus point: graphically represent the structure of court
hierarchy and explain the role of court personnel

15. no jury, magistrate decides case, hears summary offences and committal hearings
(prima facie)
civil - hears disputes of claims up to $40000
criminal - summary offences such as larceny, drink driving
This court hears 95% approx. of all cases
The Local (Magistrates) Court

16. Cases heard by Judges, hears
indictable offences, jury
present (not all cases)
civil - claims up to
$750000
criminal - indictable
offences such as armed
robbery, sexual assault
The District Court

17. Highest Court in NSW, deals with serious indictable
cases such as murder
The Supreme Court
Hears cases that interprets the constitution. Federal
Court
The High Court

18. Local specialised - coroner’s, children’s and Land &
environment courts
Court of Criminal Appeal
Federal - Family, Federal Circuit (magistrates), Federal
courts
Drug courts - only adult drug court and youth court
discontinued
Other Courts

19. Court Personnel

20. Judges
Magistrates
Lawyers/Solicitors
Crown Prosecution
Tipstaff
Judges Assistant
Court Reporter
Sheriff Officer
Court Personnel

21. Juries
Trial by Jury originated in the
13th century in England
A fundamental principle of the
legal system is “presumption
of innocence”
In the 21st century juries are
not used as much as they
were but still hold a strong
feature of the justice system

22. Juries are used in the District and Supreme Court of NSW
(Not local)
They decide verdict (guilt) not sentence (Judge)
Chosen from the electoral role and there can be exemptions

23. Jury System in NSW

24. Jury Act NSW (1977) - outlines the procedures of juries
The Jury Amendment (Verdicts) Act 2006 - introduced
majority verdicts under judges allowance
Jury Amendment Act 2010 - increased the number of
citizens who could sit on a jury
Main Jury Legislation
Syllabus point: evaluate the role of juries

25. Out of Class Time
Watch the following youtube clip on the
process of jury service
This must be
completed by the
next lesson
Syllabus point: explain the process of being summoned for jury duty

27. Discussion Time
Argue for and against a jury system in
NSW
Ten mins to build an
argument, you can
individually choose a
side for this one

28. 2. Areas of Law

29. Classifying Law
Public Law - Criminal, Administrative, Constitutional
Private Law(civil) - Contract, Property, Torts
Family Law - form of civil law
Syllabus point: identify the difference between public and private
law

30. These categories are the same in the HSC Crime Topic

31. Donoghue v Stevenson
Duty of Care

32. Donoghue v Stevenson 1932

33. Syllabus point: identify the key differences between criminal and
civil law

34. How Laws are Made
The Australian Legal System is based upon British
common law, there are two main sources
Statute Law - made by parliaments
Common Law - precedents made by judges
Syllabus point: investigate the difference between judge-made law
and parliament-made law using cases

35. The most common area of reforms to the law
State and Federal parliament enact legislation(statute)
This legislation is then interpreted by the courts, making
parliament law the supreme of authority of creating laws
Statute Law
click here for video

36. Current Government 2015

37. Judgements made that are similar to previous decisions in the
courts
Judges need to follow precedent set by higher courts
If no previous decision exists, a judge can set a new precedent
The Doctrine of Precedent

38. Judgements made that
are similar to previous
decisions in the courts
Judges need to follow
precedent set by higher
courts
If no previous decision
exists, a judge can set a
new precedent
Statutory Interpretation

39. There exists state and federal constitutions
If these constitutions develop conflict it can be interpreted
through the High Court
The constitution can be changed through a referendum
The Constitution

40. This Maintains the Rule of Law

42. High Court decision on Same Sex Marriage
Click Here

43. The Relationship of Laws to
Values, Morals and Ethics
We develop a sense of what is right and wrong (ethics)
from the moral and ethical values of our society
Usually society’s moral and ethical values reflect the
beliefs, attitudes and values of religious institutions.

44. Death Penalty in 2013

45. How Laws are Changed
Changing bills are known as amendments and must
go through the same process as any other Bill
Law Reform Commissions exist in each state and at
the federal level. They provide advice to Govt
departments

46. Changing Common Law - precedents decided in higher
courts must be followed by lower courts in the structure
Changing the Constitution - requires a referendum. 50%
of all Australians must agree and a majority of states
Only 8 from 42 proposals have been passed into law

47. Australian Republic 1999

48. Activity Time
click here for video
If you could change one law in Australia, what would
it be and give a reason regarding fairness of the
reform

49. Statistics Time

51. Crime Statistics 2012

54. 3. Using the Legal
System

55. Accessing the Legal System
Access means equal opportunity for all people to make use
of the legal system
Cost, Time, Procedures, Language can all be barriers towards
gaining equality under the law

56. Established under the Whitlam Govt, Legal Aid Commission of NSW
1979
15 mins of free legal advice can be given. For more specific needs:
Legal Aid

57. Issues of Fairness in using
the Law
Assessment Task 2