PRELIMENARY: LEGAL STUDIES

CORE 1: THE LEGAL SYSTEM 40% Procedural fairness (principles of natural justice):
ensure justice/fairness of the decision making
1. Basic legal concepts procedures in court. Involves the:
 right to know the case against you
Meaning of law: officially recognised, binding and  present your case
enforceable set of rules on all members by  freedom of bias by decision makers
institutions with sovereign power.  decision based on relevant evidence.

Possible questions: Rule of law: ensures power of lawmakers and law

 define law enforces; no one is above the law. Arbitrary
power (decisions with no reference to law)
Customs, rules and law: eliminated.
 Customs: ways of behaviour established
through long-standing tradition and enforced Possible questions:
through social pressure. E.g. greeting friends  define and investigate procedural fairness
and family. and the rule of law
 Rules: established to ensure smooth
operation of society and apply only to certain Anarchy: absence of law and government; rule of
situations. Enforced through consequences. law and constitution abolished. E.g. common after
E.g. school rules, sport. war or natural disasters.
 Laws: reflect values of society. E.g. bus
courtesy stickers. Tyranny: oppressive leader holding absolute
power in a state. E.g. dictator.
Values and ethics:
 Values: principles, standards, qualities Possible questions:
considered important in society. E.g. private  define anarchy and tyranny
property.
 Ethics: morally right/wrong; proper conduct. 2. Sources of contemporary Australian law
E.g. death penalty abolished. common law

Possible questions: British origins, including:

 distinguish between customs, rules, laws,  development of common law: England upon
values and ethics British colonisation, as legal principles and
rules from judges on higher courts.
Characteristics of just laws:  Equity: King used equity and conscience to
 Based on widely held values and known. modify a deficient common law remedy, or to
 Aim to reduce inequalities. However impact develop remedies unrecognised, or provide
may not be equal, e.g. fining on wealthy vs. injunctions.
poor  Precedent: judgement made by a court
establishing a new point of law and base for
Nature of justice: future cases. Courts must follow precedents
 equality: without discrimination or specific set (binding precedent), or not bound to
impact on an individual. follow e.g. lower court’s decision (persuasive
 Fairness: free of bias, dishonesty or injustice. precedent)
 Access: to legal representation.  adversarial system of trial: each side may
argue their case presided by a third party with
possible questions: control over evidence presented. (critics:
 describe the characteristics of just laws and creates legal system based on persuasiveness
the nature of justice rather than evidence)
equality, fairness and justice ensures all
citizens have equal access to the law – Possible questions:
distinguishing good law from bad law.  outline the origin of common law

Court hierarchy:

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jurisdiction of state courts:  Federal court of Australia: est. 1976,

inferior courts jurisdiction of federal trade practices,
 Local court (magistrate court): criminal industrial relations, intellectual property
jurisdiction of summary offences (less serious (copyright), taxation, migration
e.g. drink driving, shoplifting, debt claims of  High court of Australia: est. 1901 under
$60,000) and committal proceeding to section 71, dealing with appeals from Federal
demonstrate a prima facie case (preliminary Court of Australia, Family Court of Australia
hearings of indictable offences) and state/territory Supreme Courts, matter
 Coroners court: in NSW/ACT investigate on interpretation of Australian Constitution.
unexplained deaths and fires, can commit
defendant to trial in higher court through Possible questions:
inquisitorial approach (prima facie case).  examine the hierarchy and jurisdiction of state
 Children’s court: in NSW/ACT protection of and federal courts
young people or summary/indictable offences
involving persons under 18 or less than 21 statute law
when charged. Exceptions of murder (to role and structure of parliament:
Supreme court)  parliament is a body of elected
 Land and environment court: in NSW representatives debating legislation
enforcing environmental law relating to  bicameral: upper and lower house, e.g. NSW
environmental planning e.g. zoning of park has Legislative Council:Legislative Assembly or
lands, offences, illegal dumping, and appeals Federal Parliament has Senate:House of Reps
of local council rulings.  Unicameral: lower house called Legislative
Assembly ACT.
Intermediate courts  Ministers are members of particular
 District court: in NSW with a judge and may departments forming the cabinet to make
have a jury. Criminal/civil jurisdiction of decisions to be drafter to parliament
indictable offences, civil matters of $60,000 to  Executive Council made of Governor General
$750,000, hears appeals from inferior courts and ministers selected.
(appellate jurisdiction). E.g. manslaughter,
malicious wounding, assaults, property House of representatives (lower house)
offences, fraud, drug imports.  Most powerful, majority, Prime Minister
 150 MPs, each representing electorate
Superior courts  Role: make new laws and amend existing
 Supreme court: highest involving difficult
points of law and judge and jury. Criminal/civil Senate- ‘state’s house’ (upper house)
jurisdiction on most indictable offences e.g.  76 senators – equal representation
murder, manslaughter, attempted murder,  12 senators each 6 state and 2 for 2 territories
kidnapping, civil matters over $750,000,  Reviews House of Rep. proposed legislation
personal injury, breach of contract,  Not allowed to amend ‘Money Bills’- Taxes,
professional negligence, appellate jurisdiction. Govt. expenditure

jurisdiction of federal courts legislative process: bills are proposed by ministers

 Federal Magistrates Court of Australia: est. or backbenchers “private members bill”.
1999, jurisdiction of family law and child
support, administrative law, bankruptcy, delegated legislation: by non-parliamentary
human rights, consumer protection/trade bodies (Governor General, Executive Council,
practices, privacy, migration, copyright and departments or local councils) involving less
industrial law (no criminal matters) important laws. Create inconsistencies (flexibility)
 Family court of Australia: est. 1975,
jurisdiction of complex family matters relating Possible questions:
to divorce, parenting orders, division of  outline the role and structure of parliament
property, spousal maintenance, appellate and the legislative process
jurisdiction from federal magistrate or single  describe the function of delegated legislation
family court judge.

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 explain the difference between division and

the separation of powers
 examine the role of the High Court in the
interpretation of the constitution

Aboriginal and Torres Strait Islander Peoples’

customary laws
 diverse nature of customary laws: Aboriginal
people arrived 60-80,000 years ago, 500
known ATSI nations with own territory,
traditions, rituals, laws – identify as general
aspects.
 spiritual basis, significance of land and water:
spiritual beliefs to land and water reflected in
customary law (orally based, agreements of
whole group, based on ritual and traditions,
family and kinship ties) e.g. belief as
custodians for future generations, Dreamtime.
 family and kinship: kinship is significant family
relationships and extended family ties
 ritual and oral traditions: regular behaviours
e.g. various interpretation of Dreamtime, oral
law being word of mouth through songs,
dance and stories.
 mediation and sanctions: strong bonds cause
mediation/negotiating disputes, conciliation
follows with elders, sanctions include revenge,
constitution: 1901, rules that establish how a trial by ordeal, social ridicule, isolation.
country is governed and how laws are made, role  relevance to contemporary Australian law:
is to determine powers (division of power), only features of customary law influence
changed by a referendum. Australian Law e.g. common mediation,
overtime law is better at reflecting ATSI
division of powers (REC): constitution divided needs, ATSI groups work to ensure Indigenous
power between Exclusive: Federal s51 perspectives are validated.
enumerated powers e.g. trade, foreign relations,
defence and Residual: State powers leftover e.g. Possible questions:
health, public transport, education, may have  examine the characteristics of Aboriginal and
Concurrent powers for both e.g. healthcare. Torres Strait Islander Peoples’ customary laws
 outline the extent to which Aboriginal and
separation of powers (JEL): constitution separates Torres Strait Islander Peoples’ customary laws
independent bodies to ensure no power dominate have been integrated into Australian law.
 judiciary: high court
 executive: prime minister/departments international law
 legislature: parliament/governor general.  differences between domestic and
international law:
role of the High Court: est. 1903, s71 created High
Court, role in judicial review (validity of law), International law: body of Domestic law:
constitutional interpretation, ensuring power to law governing relationship law that
between nations applies within
federal parliament over state, state/federal
nation
agreements on issues.
Applied Applies to nations that Universal
agree to be bound by law (applies to all)
Possible questions:
Enforce Complex legal tribunals Law
exist but countries are enforcement
permitted to exempt from agencies e.g.
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cases. police, courts.  the General Assembly: main forum for

Creation Negotiations between Made by multilateral discussion
nations. When new laws judgement or  Security Council: has final say over security
are made, nations can ruling by and peacekeeping operations, five
participate, ratification judges and permanent/ten non-permanent members,
follows in enacting courts. needs unanimous permanent votes
domestic law in accepting  ICJ: 15 permanent members
T&C of international law.
 Secretariat: administrative staff
 Economic and Social Council: economic,
 state sovereignty: nations right to make social, health educational issues
decisions on behalf of nation and right to  Trusteeship Council: independence of
refuse participation in international courts nations, disbanded in 1994.
and tribunals. Barrier: no enforcement of
international law, no consequences (argued courts and tribunals:
that the UN interferes with domestic policies
 International Court of Justice (ICJ) judicial
breach nations sovereignty rights)
body on disputes between nations and offer
of legal advice (nations may refuse
Possible questions:
participating – state sovereignty)
 distinguish between domestic and
 War Crimes Tribunal ensuring individuals
international law and examine the impact of
conduct within rules of war
state sovereignty
 International Criminal Court (ICC) dealing in
genocide, crimes against humanity, serious
sources, including:
war crimes.
 international customary law: unwritten rule
established long tradition followed by most,
intergovernmental organisations: IGOs represent
however too many independent nations cause
governments of nations e.g. UN, European Union,
difficulty in finding common practices.
African Union.
 instruments (declarations and treaties): bound
by conditions of a legal agreement between non-government organisations: NGOs represent a
nations (treaties, conventions, protocols, variety of special interest groups and apply
covenants), benefit of trade and publicity, can political pressures
be bilateral/multilateral – more nations
powerful; declarations are not bounding – relevance to contemporary Australian law:
only state position Australia active role and is founding member,
 legal decisions: ICJ deals with disputes on international treaties influences domestic law. For
treaties, ICC deals international law, e.g. part of peacekeeping treaty in East Timor.
 legal writings: 16th-18th century writings of
lawyers, judges, scholars focus attention on
Possible questions:
defects and influence ratification of faults.
 describe the role of the various organisations
involved in international law
Possible questions:
 examine how international law impacts on
 examine the sources of international law
and is incorporated into Australian law
role of:
3. Classification of law
United Nations:
 formed end of WWII in aim of world peace
Public law (social norms of behaviour expected)
e.g. encouraged human rights, reduced
Criminal law: statute law, brought by prosecution
disease/hunger, stopped a world war
and police on behalf of society.
 Charter of UN in 1945 outlines principles,
rules and ideas members commit
Types of crimes:
 192 members, headquarters in New York
 crimes against persons (injury/threat e.g.
 critics: ineffective e.g. peacekeepers not
homicide/assault)
permitted to use force on killing of civilians
 crimes against property (theft/damage e.g.
unless attacked directly as self-defence.
robbery)
6 organs:
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 crimes against state or sovereign (damage  Jury of 12 people selected at random: role to
country e.g. treason) determine if accused is guilty based on
 public order offence (disrupt society e.g. evidence, jury must be convinced beyond
drunk, swearing) reasonable doubt, trial must only deal with
 white-collar crimes (professionals e.g. tax charges relating to the case, previous
evasion, fraud, computer hackings) convictions are not mentioned to jury
 drug offences (e.g. importation, supply/use) (ensures no influence of other factors)
 Judge: role: advise jury and deal with
administrative law: relate to government questions of law, if jury finds accused guilty,
departments, Acts outline powers of bodies when required to order a sentence hearing
first established. Proceeded by: internal review  sentence hearing: prosecution: convince
(by another agency), external review judge a more significant sentence (discuss
(ombudsman, tribunals), and judicial review previous convictions, victim impact
(federal/high courts). statements), defence: convince judge a more
lighter sentence (discuss migrating
constitutional law: legal document outlining circumstance, childhood, etc.)
operation of government, separation/division of  standard and burden of proof: standard of
power, High Court deals matters with 3-7 judges. proof is beyond reasonable doubt, burden of
proof is with prosecution (must prove the
Private law (civil law – relationship between case)
individuals and organisations)
Civil court procedures
contract law: failure of fulfilling a legal binding  plaintiff: refers to the person bringing case,
agreement, must ensure validity and first issues a Statement of Claim: legal
enforceability for both sides to benefit. Resolved document identifying dispute
through remedy’s or injunctions (order of  defendant: refers to the accused, then issues
behaviour) a Statement of Defence
 trial: if matter is not resolved, each side
tort law: civil wrongs; introduces evidence and witnesses (cross
 negligence: duty of care in no harm examination), at conclusion, judge will make a
 nuisance: interfering rights e.g. neighbours ruling, compensation will be made to plaintiff
loud music if in favour
 defamation: damaging reputation e.g.  standard and burden of proof: standard of
misleading information published proof is the balance of probability (who is
 trespass: interference of property more likely to be telling the truth), burden of
proof lies with the plaintiff
property law: anything bought or sold
tangible/intangible, e.g. Trade Practices Act 1974 Possible questions:
and Fair Trading Act 1987 ensure businesses act  distinguish between civil and criminal court
appropriately. procedures

Possible questions: Legal personnel

 outline different types of law  judges: in intermediate and superior courts,
 compare the purpose of different types of law role: adjudicate (decide points of law and
issue instructions to jury) and issue sentences
criminal court procedures and rulings, note: civil law matters may not
 Prosecution: represents community, in trials require a jury
(Crown), in most criminal trials (Office of the  magistrates: in inferior courts, role: determine
Director of Public Prosecutions) in Local Court a verdict and issue rulings and sentences
(Police Prosecutor)  barristers: receive work through a solicitor,
 Defendant: accused person, in trials role: provide legal advice (indication of likely
(represented by a barrister & some self- outcome) and present client’s case (after
represent) being briefed by solicitor)

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 solicitors: first person a client is seeking legal  examine the conditions that give rise to law
advice, involve no court appearance reform
(barristers role), role: prepare wills, family law
issues, conveyancing, drawing legal agencies of reform including:
documents to prepare the case for a barrister  law reform commissions: Australian Law
Reform Commission (ALRC) 1975 and Law
Possible questions: Reform Commission of NSW (NSWLRC)
 identify the role of legal personnel involved in provides advice on law reform to Australian
the court process government through Attorney General
engaging vigorous public debate.
Common and civil law systems  parliamentary committees: specialised
 common law systems: ability of judges to committees investigating matters to include
make laws, judges make law based on all members of political and specialisation, e.g.
evidence presented through adversarial road safety committee concerns on biking
system, statute law overpowers common law safety.
 civil law systems: developed in Ancient Rome  the media: informal means of influencing
and used commonly, no development of judge public opinion such as lobby groups.
made laws, Judges gather evidence though  non-government organisations: use platforms
inquisitorial system to raise awareness on special topics.

Possible questions: Possible questions:

 compare and contrast common and civil law  describe the role of agencies involved in law
systems reform

4. Law reform mechanisms of reform including:

 courts: developing and reforming law through
conditions that give rise to law reform including: precedents and common law, modifying legal
 changing social values: law reflects changing doctrines.
social values to improve justice and efficiency,  Parliaments: statutory law and amending
failure of existing laws (obsolete - obsolete laws, passing bills, special interest
unnecessary, poorly worded), international groups and law reform commissions apply
laws and conventions to promote ideas pressure.
between countries as an influence. E.g. same  United Nations intergovernmental
sex marriage, euthanasia. organizations: IGOs are sovereign states
 new concepts of justice: societies views alter (independent), members have common goals
on justice, multiculturalism enables different in facilitating conflict between countries,
perspectives. E.g. death penalty/physical encouraging cooperation, building a forum,
punishment lost, anti-discrimination laws. support members and provide long term
 new technology: advances in technology benefits. E.g. United Nations, European Union,
result in constant review of existing laws, e.g. World Trade Organisation.
privacy, cyberbullying, enforcement of law,
hacking, ethics in genetic science. Possible questions:
 examine the operation of the different
Possible questions: mechanisms of reform

5. Law reform in action

A) native title
terra nullius:
 Latin term ‘land belonging to no-one’
appeared in 17th Century
 Based on British possessing land and imposing
their legal system through doctrine of

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reception, assuming natives as primitive and  assess the effectiveness of the law reform
inhabitant in 1788. process in achieving just outcomes in regard
to native title
The roles of the High Court and federal parliament misinterpretation of terra nullius, doctrine of
 Overturning terra nullius in 1967 with 90% reception, differed perspectives of law and
voting towards ATSI as Australians. society delayed process – impacted ATSI
 Numerous cases: e.g. Milirrpum v. Nabalco people significantly throughout, however just
Pty Ltd (1971) 17 FLR 141 (the Gove Land outcomes of Native Title Act (Cwlth) 1993 and
Rights case) Yolngu people petitioned land to Native Title Amendment Act (Cwlth) 1998
court. resolved.

Major native title decisions B) a contemporary law reform issue (examples

 Mabo v Queensland (No. 1) (1988) 166 CLR of topics that may be studied):
186 (the Mabo Case): QLD Governor claimed  young drivers and the law
Murray Islands as part of QLD, Eddie Mabo  sport and the law
acted against State of QLD. Court found QLD  animal welfare
limiting land rights subject to race.  drug use and the law.
 Mabo v Queensland (No. 2) (1992) 175 CLR 1:
investigated status of terra nullius, ruled Conditions:
invalid, recognition of native title.  Increase in trend of young deaths as 1/3 of
 The Native Title Act 1993 (Cwlth): passed road fatalities
following Mabo cases, recognised land rights  P-plate drivers are 4 times more likely to crash
of ATSI and traditional links.  Young males overrepresented
 The Wik peoples v The State of Queensland &  Night crashes (take risks).
Ors (1996) 141 ALR 129 (the Wik case): against
QLD claiming native title subject to pastoral Agencies:
leases, granted native title, leases do not  NSW Roads & Maritime Services Authority
extinguish native title (co-exist). (RMS) administers laws under Road Transport
 The Native Title Amendment Act 1998 (Driver Licensing) Act 2008 (NSW) and Road
(Cwlth): Howard government in 1966 changed Transport (Car Hoons) Act 2008 (NSW).
policy (ten-point plan) to stop favour of ATSI,
as Australians fear rights are taken. Act states Mechanisms:
native title extinguishment, rights of pastoral  Road Transport (Driver Licensing) Act 2008
leases, tougher native title tests. (NSW) outlines a graduated licensing system.
 Stage 1: 16yr Learner’s License, 80 hours of
Legislation driving supervised, Stage 2: 17 yr P1 license
 The Native Title Tribunal and the Native Title and 18 P2 license after Hazard Perception
Amendment Act 1998: agreements between Test.
government and ATSI to seek justice under  Restrictions: speed (L - 80km/h, P1 – 90km/hr,
frustrating amendment Act. P2 – 100km/h) fined 4 demerit points and loss
 Removing an obstacle to native title: beyond license 3 months, banned phones L/P1, P1
the Native Title Amendment Act 1998: carry 1 passenger between 11pm to 5am
designed to improve effectiveness of ATSI under 21, logbooks of 120 hours/20hours
communities in navigating complex legal night, alcohol limit of 0.
obstacles, Rudd government allowed changes
made to Native Title Amendment Act. Effectiveness:
 Restricting to 1 passenger saves 18 lives a
Possible questions year.
 explain why terra nullius was an obstacle to
achieving native title Possible questions
 examine the roles of the High Court and  identify and investigate a contemporary law
federal parliament in recognising native title reform issue
 examine major Australian native title
decisions

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 examine the conditions that give rise to the  identify the types of rights to which
need for law reform, the agencies of reform individuals are entitled
and mechanisms of reform  outline the responsibilities of citizens within a
 assess the effectiveness of law reform in society
achieving just outcomes with regard to a  explain the interrelationship between rights
contemporary law reform issue. and responsibilities

CORE 2: THE INDIVIDUAL AND THE LAW 30% 2. Resolving disputes

1. Your rights and responsibilities the roles of the federal and state police and
other law enforcement agencies
the nature of individual rights  State police forces must comply with
 Rights are entitlements which no one can take jurisdiction
away.  AFP collaborates with overseas organisations
 Equality in law is interrelated with rights. For in drugs, fraud, smuggling.
e.g. anti-discrimination laws.
 Claims are an assertion made to establish a Possible questions
right when rights are not determined. E.g.  outline the roles of law enforcement agencies
ownership of property claim.
resolving disputes between individuals:
Legal rights are contained in the  alternative dispute resolution: negotiation:
 Australian Constitution e.g. right to freedom between 2 parties, mediation/conciliation:
 Acts of Parliament e.g. Anti-discrimination law between 3rd party helps negotiate, arbitration:
 Criminal law e.g. when arrested right to 3rd party formally resolves a conclusion.
innocent till guilty/silence/lawyer  Tribunals: members
 common law (unstable as statute overrides)  Courts: expensive formal closure last resort
 International law e.g. UN Declaration of
Human Rights, International Covenant on Civil Possible questions
and Political Rights (1976), Covenant on  identify and examine methods of resolving
Economic, Social, and Cultural Rights (1976). disputes between individuals
 Environmental rights that aim to protect
environment for future generations Resolving disputes with the state:
(intergenerational equity).
 Consumer rights that protects interests of non-legal methods:
business and consumers. E.g. Trade practices  media: citizens inform media of unfair actions
Act 1974 (Cwlth) and the Fair Trading Act  members of parliament: citizens speak to local
1987 (NSW). MPs who may take further action
 trade unions: negotiate issues, e.g. workplace
relationship between rights and responsibilities and wages for teachers
 Social, moral, ethical, religious responsibilities  interest groups, including non-government
are interrelated. organisations: apply pressures
 Social responsibilities where public opinion
regard appropriate (moral views). Not legal methods:
enforceable. E.g. responsibility to look after internal review: governments undertake internal
aged parents, give attention to studies, reviews and may be biased
recycle waste.
 Responsibilities may be imposed by common external review:
or statute law. E.g. duty of care, nuisance to  administrative: hears appeals against federal
neighbour, tax paying, copyright. decisions
 Rights have corresponding responsibilities  judicial: ensuring nature of justice
attached. E.g. right to have social security but  ombudsman: formal external power used to
others need to be responsible in paying tax. investigate citizens complaints
 statutory bodies including Australian Human
Possible questions Rights Commission

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 Independent Commission against Corruption  explain the difficulties with enforcing rights
(ICAC)  assess the role of law reform in addressing
 Royal Commissions emerging technological issues and enforcing
rights
Possible questions
 compare and contrast disputes between Examples that may be studied could include:
individuals and those between individuals and  misuse of interactive technologies
the state  cyber-bullying
 assess the effectiveness of methods of  genetic profiling
resolving disputes  cyberspace
 distinguish between non-legal and legal  privacy issues
methods of enforcing rights and resolving  security and surveillance
disputes  mobile phones
 assess the effectiveness of dispute resolution  copyright.
processes in achieving justice for and between
individuals Possible questions
 discuss the legal implications of the use of
3. Contemporary issue: technology and its impact on the individual.

The individual and technology: CORE 2: THE INDIVIDUAL AND THE LAW 30%

impacts of technology on the individual Issues that involve an Australian in a domestic

 privacy: invasion CCTV, opal cards, phone, jurisdiction, or Australian citizen(s) in another
location, data jurisdiction, focusing on the mechanisms for
 medical technology: contradicts ethical issues, achieving justice and the responsiveness of the
e.g. gene modification, euthanasia. legal system when attempts are made to achieve
 Cybercrime: difficult to regulate, justice.
transnational, electronic communication,
virtual world, bullying, online predators. Topics that may be studied include:
 groups or individuals suffering disadvantage:
legal implications/difficulties with enforcing  Aboriginal and Torres Strait Islander Peoples
rights  people who have a mental illness or an
 Crime is global, facilitates anonymity and intellectual or physical disability
creativity  migrants
 Laws constantly need to adapt  people who are socioeconomically
 Barriers in jurisdiction areas disadvantaged
 members of other groups covered by human
future directions – the role of law reform rights legislation, including anti-discrimination
 Must ensure individuals rights are not violated legislation
 International regulation of cyberspace  women
 events which highlight legal issues
Possible questions  individuals or groups in conflict with the state
 criminal or civil cases that raise issues of
interest to students.

(refer to second assessment)

Possible questions
 examine at least two contemporary issues
that involve Australian citizen(s) in either a
domestic or another jurisdiction
 describe the legal and non-legal responses to
this issue

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 evaluate the effectiveness of the legal and  Sporting Shooter’s Association of Australia
non-legal responses to this issue. protested 27,000 members in Melbourne.

Criteria to evaluate effectiveness could include: Effectiveness:

 resource efficiency  Reduced firearm related crimes each
 accessibility consecutive year by 3-5% as of 1998.
 enforceability  Illegal trafficking increased with 90% of
 responsiveness homicides committed with unregistered
 protection of individual rights firearms (link to effectiveness of buy-back
 meeting society’s needs
scheme)
 application of the rule of law
 Change in weapons with stable crime
 has justice been achieved?
rates.

Introduction:
 Port Arthur Massacre 28 April 1996, injuring
23 and murdering 35 people.

Legal responses:
 Victorian government introducing ‘Shooter’s
License’ after 2 deaths by sporting shooters.
 Federal Hawke Government established
National Committee on Violence report in
1990 containing 30 recommendations incl.
registration of highly powered rifles.
 NSW government introduced tougher laws
after Strathfield Shooting in 1991, but
‘Shooter’s Party’ opposed this.
 Supreme Court of Tasmania sentenced Martin
Bryant on 13 November 1996 to 35 life
imprisonments and 21 years for others.
 John Howard established National Firearms
Agreement in 1996: privilege not a right,
strictly controlled, registered and stored, 28
day cooling-off period.
 Buy back scheme and amnesty: 640,000 guns
 Australian Crime Commission discovered an
increase in illegal handgun trafficking in 2002
after Monash University Shooting.
 Federal Government: National Handgun
Control Agreement (2002) and National
Firearm Trafficking Policy Agreement (2002)

Non-legal responses:
 Alannah and Madeline Foundation as anti-gun
violence advocate after Nanette Mikac and
daughters died.

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Dotpoint/Dashpoint Syllabus | Key Information | Example | Possible Questions