Year 5: Civics And Citizenship

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Ready-Ed Publications

Year 5: Civics And Citizenship © 2014 Ready-Ed Publications Printed in Australia Author: Lindsay Marsh Typesetting and Design: Shay Howard Illustrators: Terry Allen, Alison Mutton Acknowledgements i.

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The purchasing educational institution and its staff have the right to make copies of the whole or part of this book, beyond their rights under the Australian Copyright Act 1968 (the Act), provided that:

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Any copying of this book by an educational institution or its staff outside of this blackline master licence may fall within the educational statutory licence under the Act. The Act allows a maximum of one chapter or 10% of the pages of this book, whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational purposes provided that

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Published by: Ready-Ed Publications PO Box 276 Greenwood WA 6024 www.readyed.net info@readyed.com.au

ISBN: 978 186 397 898 9 2


Contents

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National Curriculum Links Teachers' Notes Section One: Government And Democracy What Is A Democracy? Democratic Values - Freedom Democratic Values - Equality Who We Vote For - Our Representatives A "Good" Representative The Secret Ballot Who Has The Right To Vote In Australia? 1 Who Has The Right To Vote In Australia? 2 Preferential Voting 1 Preferential Voting 2 Preferential Voting 3 Preferential Voting 4 Preferential Voting 5 Preferential Voting 6 Which Votes Count? Proportional Representation 1 Proportional Representation 2 Proportional Representation 3 The Election Process Election Crossword 1 Election Crossword 2 Definitions 1 Definitions 2 Quiz Section Two: Democratic Laws Laws 1 Laws 2 Types Of Laws 1 Types Of Laws 2 Enforcing Laws 1 Enforcing Laws 2 Enforcing Laws 3 The Legal System 1 The Legal System 2 The Legal System 3 Laws And The Indigenous Community Section Three: Working In Groups Working Together 1 Working Together 2 Working Together As Global Citizens Developing Sustainable Communities Together 1 Developing Sustainable Communities Together 2 Answers

4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49-52

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National Curriculum Links Civics and Citizenship Knowledge and Understanding Government and Democracy • The key values that underpin Australia's democratic system of government (ACHCK022) • The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023) • The key features of the Australian electoral process (ACHCK024) Laws and Citizens • How laws affect the lives of citizens, including experiences of Aboriginal and Torres Strait Islander Peoples (ACHCK025) • The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)

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Citizenship, Diversity and Identity

Civics and Citizenship Skills

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Questioning and Research

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• Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)

• Develop questions and gather a range of information to investigate the society in which they live (ACHCS028)

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Analysis, Synthesis and Interpretation

• Identify over-generalised statements in relation to civics and citizenship topics and issues (ACHCS029) • Use and evaluate a range of information to develop a point of view (ACHCS030) Problem Solving and Decision Making

• Interact with others with respect, identify different points of view and share personal perspectives and opinions (ACHCS031) • Work in groups to identify issues and develop possible solutions and a plan for action using decision making processes (ACHCS032) Communication and Reflection • Present civics and citizenship ideas and viewpoints for a particular purpose using civics and citizenship terms and concepts (ACHCS033) • Reflect on personal roles and actions as a citizen in the school and in the community (ACHCS034)

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Teachers' Notes Year 5: Civics And Citizenship is part of a series which helps teachers in Australia to implement the new Civics and Citizenship national curriculum with ease. Which part of the curriculum each activity page in this book is assessing is clearly marked at the bottom of each sheet. Students have the opportunity to demonstrate civics and citizenship skills throughout the entire book. The book is divided into three sections: Government And Democracy, Democratic Laws, and Working In Groups.

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The first section of this book helps students to identify the fundamental values of a democracy - freedom, equality, fairness and justice. It also makes clear our responsibilities as electors and the responsibilities of those wishing to be elected. The electoral process is explored in some detail - the secret ballot, compulsory voting, preferential voting and proportional representation are all discussed.

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The second section is entitled Democratic Laws and examines the types and importance of laws in Australia. It encourages students to identify our law enforcers and explain the laws that they are responsible for enforcing. The Australian legal system, the courts and the key people within the courts are all investigated.

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The third and final section in this book is entitled Working In Groups. It asks students to think about the benefits of working in groups rather than as an individual. Students are prompted to investigate local, regional and global groups, as well as Aboriginal and Torres Strait Islander organisations. To demonstrate their knowledge and skills, students will be asked to use their research skills, work in groups, question, sequence, experiment, create, organise, interpret and voice their opinion. The pages in this book can be used sequentially or in no particular order. To make life even easier for the teacher, the answers are provided at the back of this book.

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Activity

Section One:

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Government And Democracy

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Activity

What Is A Democracy?

RR Read the information, then answer the questions below. Every country has a government – a system of management. Not every country has the same type of government. There are democracies. Australia is an example of a democracy. There are autocracies – North Korea is an example of an autocracy. These two forms of government operate differently, but both types of government make decisions for their people.

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The people who live in democracies have a lot of influence over their governments’ decisions – which is why democracies are often referred to as ‘rule by the people’. The word democracy derives from two Greek words demos meaning the people and kratos meaning power. The people who live in autocracies have no influence over their governments’ decisions. One person is in charge of an autocracy and therefore one person makes all of the decisions.

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In Australia the values which underpin our democratic system are: freedom, equality, fairness and justice.

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1. What type of government is in place in Australia?

_____________________________________________________________________

2. How do you think Australian people influence their government’s decisions? _____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

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3. Refer to a recent event that was designed to influence decisions made by our government.

_____________________________________________________________________

_____________________________________________________________________

4. In your opinion which type of government is the fairest – a democracy or an autocracy? Support your answer.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

5. Use your research skills to name some autocratic countries other than North Korea.

_____________________________________________________________________ Curriculum Link: The key values that underpin Australia's democratic system of government (ACHCK022)

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Activity

Democratic Values – Freedom

RR Read the information, then answer the questions. Australia adopts a liberal democratic system of government. One of the key values which underpins this system of government is freedom. There are many types of freedoms which Australians enjoy compared to other nondemocratic countries. Two are: freedom of religion and freedom of the press. Freedom Of The Press In Australia the media is not to be controlled by any political party or government body. The government is not to censor material printed in the media according to the interests of a political party or government body.

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Freedom Of Religion In Australia people are free to practise any religion that they wish, as long as they obey the law. Australians are also free not to have a religion. Australia therefore rejects the notion of a state religion.

1. Why would it be unfair to have a state religion in Australia? _____________________________________________________________________

_____________________________________________________________________

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2. How could your local government ensure that people are free to practise their chosen religions? _____________________________________________________________________

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3. What is censorship and how can it prevent freedom of the press?

_____________________________________________________________________

_____________________________________________________________________

4. Name a country which heavily censors the media. Say how this affects the people in this country.

_____________________________________________________________________

_____________________________________________________________________

5. Go to 4http://immi.gov.au/living-in-australia/choose-australia/about-australia/ five-freedoms.htm to find out about four other freedoms which underpin Australia's democratic system of government. What are these four other freedoms?

____________________________________________________________________

6. Split into groups. Each group should be allocated a 'freedom'. Work together to define each freedom, say why it is important in Australia and find a country which doesn't have this freedom. Present your findings to the rest of the class. 8

Curriculum Link: The key values that underpin Australia's democratic system of government (ACHCK022)


Activity

Democratic Values – Equality

RR Read the information, then answer the questions. Australia adopts a liberal democratic system of government. One of the key values which underpins this system of government is equality. There are many ways in which Australia ensures that people living in Australia feel equal. One is our voting system. Every Australian citizen above the age of 18 has the right to vote in political elections. This means that all Australians’ interests are represented in parliament, not just a select few. Australia believes that males and females are equal and that one sex should not be privileged over another. Both sexes are entitled to equal opportunities in the workplace and in educational institutions such as schools and universities.

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Equal Opportunities

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1. Why would it be unfair to deny one social group (i.e., men or women) from voting? Think about the consequences of doing this. _____________________________________________________________________ _____________________________________________________________________ 2. What does equal opportunities in the workforce mean? _____________________________________________________________________ _____________________________________________________________________ 3. List one way that an employer can practise equal opportunities in a place of work. _____________________________________________________________________ 4. Give an example of inequality in the workforce. _____________________________________________________________________ _____________________________________________________________________ 5. What is an educational institution? _____________________________________________________________________ 6. Give an example of inequality in an educational institution. _____________________________________________________________________ _____________________________________________________________________ 7. How might a primary school ensure that all its students feel equal? _____________________________________________________________________ _____________________________________________________________________ Curriculum Link: The key values that underpin Australia's democratic system of government (ACHCK022)

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Activity

Who We Vote For - Our Representatives

RR Read the information, then complete the task. Matters of importance to the nation as a whole are the responsibility of the national or federal government. This government is located in Canberra and the building itself is known as Parliament House. There are three parts to the federal government. The Queen is the first part. She is the head of state and is represented by the Governor-General in Australia. Because Australia has a monarch as the head of state, Australia’s system of government is known as a constitutional monarchy. The other two parts are the two Houses of Parliament. They are: the House of Representatives (or lower house); the Senate (or upper house). Both Houses have very different roles. Any parliament that is made up of two Houses is known as a bicameral parliament, such as England and the USA. In Australia the people elect representatives for each House.

The Senate This House is sometimes known as the state’s house. When the idea of federation (the joining of the colonies together) was proposed, many of the smaller states were worried that their interests would be overlooked and their concerns not listened to. The Senate was established as a state’s house where each state would elect the same number of senators regardless of the size of their population. As political parties have grown over the years, the role of the Senate as a state’s house has changed, with senators often voting according to the views of their political party rather than their state. The Senate also operates as a house of review for proposed laws (called bills). For a bill to become law it must be voted for by a majority in both Houses. There are 76 senators (12 representing each of the six states and two senators representing each of the two territories). Members are elected for six-year terms. The decor in the Senate is red.

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This House is traditionally the more powerful of the two. The Prime Minister must come from this House and its most important role is to form the government. The government is formed by the political party with the majority of members in the House of Representatives. Usually proposals for laws start in this House and it is this House (the lower house) that is responsible for laws to do with taxation and spending money. The 150 members of the House of Representatives represent the people who live in their electorate and they often spend a large part of their time in their electorate dealing with local issues. Members are elected for a period of three years. The decor in the House of Representatives is green.

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The House of Representatives

RR After reading this information, write a paragraph on the back of this sheet explaining why electors should vote responsibly. Read your paragraph out to the class. 10

Curriculum Link: The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023)


A "Good" Representative

Activity

RR Read the information on this page to help you to complete the tasks. Each member of the House of Representatives is elected to represent an area known as an electoral division (or constituency). Each electoral division within a state or territory contains about the same number of people on the electoral roll. The electors in each division elect one person to represent them in the House of Representatives. Members of the House of Representatives seek re-election every time there is a federal election. They are re-elected by the people. The House of Representatives has a number of important functions: it determines the government, debates and passes laws, surveys government administration and expenditure, and provides a forum for public debate on issues of national importance related to: foreign affairs

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justice and customs transport and regional services health and ageing

education and immigration trade agriculture, fisheries and forestry communications

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defence

taxation industry, tourism and resources environment

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RR Individually or in pairs, create a job advertisement for a member of the House of Representatives on the back of this sheet. You must include in this advertisement: characteristics needed to fulfil the role, skills, hours and typical day to day duties. Before you create this advertisement, brainstorm some ideas below and make a plan. Display your advertisement in the classroom.

Brainstorm

RR Find out who is eligible to stand for election in Australia. Write your response in your workbooks. Curriculum Link: The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023)

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Activity

The Secret Ballot

RR Read the information, then complete the questions on the back of this sheet. The secret ballot is also known as the Australian ballot because it originated in Australia in 1856. It was first put into practice in South Australia and Victoria. In 1858, New South Wales and Tasmania adopted the secret ballot, followed by Queensland in 1859 and Western Australia in 1893. All federal elections in Australia since 1901 have used the secret ballot. The secret ballot is a form of voting designed to ensure that people’s votes are kept private and confidential. Its intention is to reduce bribery, intimidation and coercion, so voters do not feel pressured to vote for one party over another. The secret ballot therefore supports freedom – a fundamental value of democracy.

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To ensure secrecy, The Commonwealth Electoral Act requires the Australian Electoral Commission to provide separate voting compartments for voters to mark their ballot papers in private. Voting papers must contain no other information apart from the names of the candidates. Voters are then instructed to post their ballot papers into a non-transparent ballot box to be counted by hand. Those voting by post have their votes sealed in two envelopes to ensure secrecy. As voters enter polling booths, they get their names crossed off on an electoral roll – in this way a person’s attendance is noted, but there is no way of tracing each vote to a voter.

1. What does the Australian Electoral Commission (AEC) have to provide to ensure the smooth running of the secret ballot? 2. Many people have argued that it is time to replace the secret ballot with an online voting system. After discussing the pros and cons of the secret ballot in small groups, answer the questions below. i. The secret ballot means that each vote is counted by hand – what is the main problem with this? ii. If we voted online, what might the advantages and disadvantages be? iii. Some people have argued that the secret ballot ensures that people attend a polling booth but does not ensure that they vote, because they may not mark the ballot paper. How could voting online ensure that people actually vote and don't just get their names ticked off on the electoral roll? 3. How does the secret ballot support democratic values? 12

Curriculum Links: The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023) The key features of the Australian electoral process (ACHCK024)


Information

Who Has The Right To Vote In Australia? 1 Australia is one of the few countries where voting at federal elections is compulsory. After a federal election in 1919 when only 69% of voters actually voted, it was agreed that voting should be made mandatory in federal elections. On average today, around 95% of Australians turn out to vote in federal elections. All Australian citizens over the age of 18 who are of sound mind and do not have serious criminal convictions are required to vote. Australians living and travelling overseas can vote via a postal system. It is the responsibility of all eligible electors to ensure that their names are on the electoral roll, to know where their local polling booth will be on election day and when election day will be. There have been occasions when fines have been imposed on people who have failed to register for voting on election day. Some fines have been waived due to sickness, etc.

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Voting in local elections is not compulsory for those living in South Australia, Tasmania and Western Australia. Voting is compulsory both at federal elections and at elections for the state and territory legislatures for those living in Queensland, The Australian Capital Territory, The Northern Territory, New South Wales and Victoria. when voting rights were granted in state/ territory elections

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Not every Australian has always had the right to vote. Australia’s first systems of European government only allowed men with a certain amount of property or wealth to vote. Groups who have had to argue for their right to vote are: Indigenous Australians, migrants and women. By turning up to vote and voting responsibly we are showing our respect to all Australians in the past who have fought to have the right to vote - we are also supporting the fundamental values of a democracy, such as equality and fairness.

State

Men

Women

South Australia

1856

1894

Western Australia

1893

1899

New South Wales

1858

1902

Tasmania

1900

1903

Queensland

1859

1905

Victoria

1857

1908

*Officially Indigenous Australians had the same rights as others, but from 1902, because they were denied the right to vote in federal elections they were often denied the right to vote in state/territory elections.

Women And The Vote Suffrage is the term used to describe the right to vote. Women, for example, were not granted the right to vote in federal elections until 1902 following the lead of New Zealand who gave women this right in 1893. Voting in state/territory elections was different for each state/ territory. Indigenous women, however, were not granted suffrage until 1962. A woman who campaigned for the right to vote in elections was known as a suffragette.

Right to Vote

Curriculum Links: The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023) The key features of the Australian electoral process (ACHCK024)

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Activity

Who Has The Right To Vote In Australia? 2

RR Read the information on the previous page to help you to complete the questions below. 1. What are the responsibilities of Australian electors during federal elections?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

2. What are the responsibilities of electors in your state or territory on state and local election days? _____________________________________________________________________

_____________________________________________________________________

3. What does the term suffrage mean?

_____________________________________________________________________

4. What is a suffragette?

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5. Examine the table on voting rights on the previous page. Which state gave women the right to vote first? _____________________________________________________________________

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6. Which state was the last to give women the right to vote? _____________________________________________________________________

7. When were indigenous women given the right to vote?

_____________________________________________________________________

Research

Use your research skills to find out the rules for voting in: Lebanon, Brunei, Saudi Arabia, The Vatican City and The United Arab Emirates.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

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Curriculum Links: The roles and responsibilities of electors and representatives in Australia's democracy (ACHCK023) The key features of the Australian electoral process (ACHCK024)


Information

Preferential Voting 1 Federal elections occur in Australia approximately every three years. Australians vote for members of the House of Representatives using the preferential voting system. The preferential voting system means that voters place a number next to each candidate (1, 2, 3, etc.) on their ballot papers to indicate who they wish to win, and who their preferences go to, if the candidate who they picked to win is eliminated. In Australia, most of the major political parties hand out ‘How-To-Vote’ cards that show exactly how to number the boxes on the ballot sheets to vote for a particular political party. A ‘How-To-Vote’ card is a paper card issued by representatives of candidates to voters as they enter polling booths.

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This card provides helpful information for people who want to vote for a certain party but are unsure who their preferences should go to if the candidate that they voted for is eliminated after the first round of counting. Such cards clearly show the order in which to number the candidates so it is of maximum benefit to the preferred party. This usually means that the candidate who is the biggest threat is listed as a last preference.

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Voters do not have to follow ‘How-ToVote’ cards. It is entirely up to voters what they write on their ballot papers once inside the polling booths.

How to vote for

Young Energetic Party (YEP) You must number every box for your vote to count.

I. Wringe (IND)

2

R. West (HIP)

5

N. McGeown (NUP)

6

M. Young (IND)

3

J. Frances (YEP)

1

A. McInerney (IND)

4

Curriculum Link: The key features of the Australian electoral process (ACHCK024)

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Activity

Preferential Voting 2

RR Create a ‘How-To-Vote’ card for your own political party by following the steps below. Use the information and the example on page 15 to help you. 1. Create a name for your political party, e.g. Young Energetic Party (YEP). Write it in the box at the top of the 'How-To-Vote' card. Place your name in one of the six boxes on the card and mark it number 1. 2. Create a name for two more political parties. Choose the name of a class member to represent each party then choose the names of three fellow class members to be independent members. Fill in their names in any order. E.g. R.West (YEP), P. Michaels (IND). 3. Complete the 'How-To-Vote' card so that your party will have the best chance of winning by putting the biggest threat last.

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How to vote for

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Vote 1

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Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Preferential Voting 3

Activity

RR Read the information, then complete the task.

The first count: 100,000 people have voted. Candidate 3

70,000 votes

12,000 votes

Harry

Sarah

Candidate 2

Candidate 4

10,000 votes

8,000 votes

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Peter

Mary

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Harry is the clear winner as he has the majority (over half ) of first preference votes in the first count. Harry is elected.

Candidate 1

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When votes are first counted, a candidate with a clear majority of first preference votes (over half the number of votes) is declared elected. Look at the example right.

The Votes Are In ‌

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RR Draw another example (like the one above) to show a candidate gaining the clear majority of first preference votes. Imagine that 100,000 people have voted.

Curriculum Link: The key features of the Australian electoral process (ACHCK024)

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Information

Preferential Voting 4 The First Count: 100,000 people have voted. When no candidate receives a clear majority (over half ) of first preference votes in the first count, the voters’ preferences are considered. The candidate with the least number of first preference votes is eliminated. Look at the example below.

Candidate 1

Candidate 2

Candidate 3

Candidate 4

40,000 votes

20,000 votes

30,000 votes

10,000 votes

Peter

Mary

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Harry

Sarah

The Second Count

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In this example, no candidate has the clear majority (over half) of first preference votes. Sarah has the lowest first preference votes in the first count, so she is eliminated.

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The second preferences of the voters who placed Sarah first are then distributed among the remaining candidates. After this redistribution, if there is no clear winner (a candidate with over half the votes) the candidate with the least amount of preferences is again eliminated. Candidate 1 = Harry: 40,000 votes plus 1,000 from Sarah = 41,000 votes in total. Candidate 2 = Peter: 20,000 votes plus 5,000 from Sarah = 25,000 votes in total. Candidate 3 = Mary: 30,000 votes plus 4,000 from Sarah = 34,000 in total.

Candidate 1

Candidate 2

Candidate 3

41,000 votes

25,000 votes

34,000 votes

Harry

Peter

Mary

Candidate 4

Sarah

After the votes from Sarah have been redistributed, there is still no clear winner and Peter has the least amount of votes and so is eliminated. His preferences are then distributed among the remaining candidates. After this redistribution, if there is no clear winner, the candidate with the least amount of preferences is again eliminated. This procedure continues until all but the winning candidate has been decided.

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Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Preferential Voting 5

Activity

RR Use the example on the previous page to create your own examples of first and second counts below. Create a clear winner after the second count.

The Votes Are In … The First Count

Candidate 2

Candidate 3

Candidate 4

___________________

___________________

___________________

___________________

Votes

Votes

Votes

Votes

Candidate 2

Candidate 3

Candidate 4

___________________

___________________

___________________

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Candidate 1

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The Second Count

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Candidate 1

___________________

Votes

Votes

Votes

Votes

RR After the second count the clear winner is:_______________________________ Challenge: Not all countries use a preferential voting system, some countries use a system known as 'First-Past-The-Post'. This means that the candidate who polls the highest number of votes is elected. This method of voting is also known as ‘Winner-Takes-All’ or ‘Simple Plurality’. Find out which countries use the 'First-Past-The-Post' voting system. Record your responses on the back of this sheet. Curriculum Link: The key features of the Australian electoral process (ACHCK024)

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Activity

Preferential Voting 6

RR Use the information presented in the three tables to answer the questions below. 1. Look at Table 1. 337 people have voted. Does any candidate have a clear majority?

___________________________________

2. Which candidate would be eliminated and have his/her second votes counted?

Candidate Gillard Abbott Howard

Table 2 1st Pref. 111 114 112

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3. Look at Table 2. Which candidate has the greatest number of votes now that second preferences have been distributed? ___________________________________

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Candidate Gillard Abbott Howard

Table 1 1st Preference Votes 111 114 112

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4. How many votes does this candidate have? ___________________________________

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5. Look at Table 3. Name the candidate who wins this election after second preference votes have been distributed.

Candidate Rudd Hockey Palmer

Table 3 1st Pref. 160 220 260

___________________________________

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6. The example shown in Table 1 means that the candidate with the most number of votes does not win the election. Do you think that this is fair? Support your answer.

___________________________________

__________________________________

7. In the 'First-Past-The-Post' voting system, the person with the greatest number of votes wins the election. What advantages or disadvantages do you see here?

___________________________________

___________________________________

___________________________________

___________________________________

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Ballot Box

Curriculum Link: The key features of the Australian electoral process (ACHCK024)

2nd Pref. 21 90

2nd Pref. 140 20


Which Votes Count?

Activity

RR Read the information and study the ballot papers to help you to answer the questions. The preferential voting system requires each voter to number every box on the ballot paper for his/her vote to count. There are three different types of votes: a donkey vote, an informal vote and a formal vote. A donkey vote is a vote where the voter marks the ballot paper 1, 2, 3, 4, 5, etc. An informal vote is when the ballot paper has been filled in incorrectly or not at all. A formal vote is a vote which has been cast following the correct rules of the election.

 McMahon  Chifley  1 Hughes  Curtin  Holt  Howard

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1  2 McMahon  3 Chifley  4 Hughes  5 Curtin  6 Holt 

Howard

ballot PAPER c

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1  5 McMahon  3 Chifley  4 Hughes  6 Curtin  2 Holt 

Howard

ballot PAPER b

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ballot PAPER a

ballot PAPER d 4  2 McMahon  1 Chifley  3 Hughes  6 Curtin  5 Holt 

Howard

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1. Which ballot paper above would be classified as a donkey vote? _____________________________________________________________________

2. Which ballot paper would be classified as an informal vote?

_____________________________________________________________________

3. Why do you think people make donkey votes and informal votes?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

4. It can be argued that people who make informal votes and donkey votes are not supporting a democracy. Why?

_____________________________________________________________________

_____________________________________________________________________

5. Which ballot papers have been correctly completed? ________________________ Curriculum Link: The key features of the Australian electoral process (ACHCK024)

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Information

Proportional Representation 1 Senators are elected by a system of voting known as proportional representation. Senators are elected for a total of six years. This system aims to produce election results which ensure that winners gain seats in proportion to the votes that they secure. For example, in the Senate, there are eight electorates: six states and two territories. Twelve senate members are elected in each state and two senate members are elected in each territory. This makes 76 members in the Senate altogether.

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Senate Members

Queensland

Tasmania

Victoria

South Australia

Western Australia

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New South Wales

Northern Territory

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Australian Capital Territory

Senate members are elected when they gain a quota of the vote. This quota is calculated by dividing the total number of formal ballot papers by one more than the number of senators to be elected and adding “1� to the result – ignoring any remainder. For example, the votes for a candidate in one of the six states would be divided by 13, then one would be added to the result. The votes for a candidate in one of the two territories would be divided by three, then one would be added to the result. Proportional representation increases the chances of minor parties and independents winning seats. It produces closer results in the struggle between major parties and makes it difficult for a major party to gain control of the Senate.

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Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Proportional Representation 2

Activity

RR Read the information on the previous page, then complete the tasks below.

Complete The Diagrams

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RR Complete the diagrams to explain the formulas used to calculate a candidate’s quota of votes when using proportional representation. The formula used to calculate a candidate's quota of votes in an Australian state is different from the formula used to calculate a candidate's quota of votes in an Australian territory.

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Western Australia Total number of ballot papers =

147

The Northern Territory Total number of ballot papers =

147

divided by

divided by

plus 1 =

plus 1 =

RR In your own words, explain why proportional representation is fair. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Curriculum Link: The key features of the Australian electoral process (ACHCK024)

23


Proportional Representation 3

Activity

RR Read the information then complete the questions below. The Senate ballot paper is divided into two sections. Voters complete the ballot paper in two ways. They can complete the section above or below the line. If voting above the line, a voter should place a number '1' in one box only above the black line. The rest of the ballot paper should be left blank. By casting a vote in this way, voters allow the order of their preference to be determined by the party or group for which they are voting. A Senate group may issue a Group Voting Ticket which outlines the preference order of all candidates in the election. Instead of a voter numbering all of the boxes, the Australian Electoral Commission will automatically allocate preferences in the order specified by a particular party or group.

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Voters can choose to fill in every box below the line in order of preference by putting the number '1' in the box next to the candidate who they want as their first choice, number '2' in the box next to the candidate who they want as their second choice, and so on, until all of the boxes have been numbered. Voters should leave the top part of the ballot paper blank. If voters choose to vote below the line, they must number every box for their vote to count.

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Senate Ballot Paper

You may vote in two ways: Above or Below the black line

Either:

Party 2

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Party 1

Party 3

Party 4

Above the line

Or:

Party 1

Below the line

Party 2

Party 3

Party 4

Davies Milner Tom Smith Green Rossi Jones Howard Evans Lee Slee Beckett

1. Number the parties on the Senate ballot paper above and below the lines according to the rules.

_____________________________________________________________________

2. Explain what a Group Voting Ticket is.

_____________________________________________________________________

_____________________________________________________________________

24

Curriculum Link: The key features of the Australian electoral process (ACHCK024)


The Election Process

Activity

RR The lead-up to any election, whether it’s a federal, state or a local council election, usually follows a similar process. Number the steps below to show the correct order of this process.

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 Voters’ names are crossed off the electoral roll.  First preference votes are counted.  Scrutineers watch as electoral officers prepare the votes for counting.  Candidates make speeches and visit electors.  Ballot papers are filled in by voters according to preferences.  Voters collect 'How-To-Vote' cards from party supporters.  The winning candidate is declared a Member of Parliament.  Second preference votes are counted.  Voters go to the polling booth.  Preselection occurs to decide which candidates from each political party should stand for election.

 

Candidates prepare pamphlets and posters as part of their election campaign.

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Voters place completed papers in ballot boxes.

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Find Out

RR Go to 4www.aec.gov.au/Voting/counting/index.htm to find the answers to the questions below. 1. What does scrutiny mean?

__________________________________________________________________

2. At what time does each polling booth close?

__________________________________________________________________

3. When does the counting of the votes commence?

__________________________________________________________________

4. If an election for the House of Representatives and an election for the Senate are held on the same day, which votes are counted first?

____________________________________________________________________

5. Who are Divisional Returning Officers?

__________________________________________________________________ Curriculum Link: The key features of the Australian electoral process (ACHCK024)

25


Election Crossword 1

Activity

RR Read the clues on the following page to help you to complete the election crossword. One across and one down have been done for you.

S W I N G I N G

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E A T

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A

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Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Activity

Election Crossword 2

RR Read the clues to help you to complete the election crossword on the previous page. One across and one down have been done for you.

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Across 1. A ______________ voter regularly changes his/her voting pattern from one swinging election to the next. 2. A candidate must have a clear ________________ of the votes to be elected. 4. When a voter incorrectly fills out a ballot it is known as an ________________ vote. 7. The ___________ of Representatives. 8. The Australian Electoral _________________ organises the counting of the votes in an election. 10. A _____________ is a person who is standing for election into Parliament. 11. A federal election is held approximately every three __________. 12. The Prime _______________ is the leader of the party with the most seats in the lower house. 14. Voters must attend a __________________ place to register their vote. 16. An ________________ is held to decide which political party holds the most seats in Parliament. 18. Parliament is divided into the __________ and lower houses. 20. Voters fill out a ___________ paper to show their voting preference. 21. The ____________ house is also known as the House of Representatives. Down 1. A __________ refers to an electorate or constituency. seat 3. A candidate acts as a ____________________ for a political party. 5. When a voter numbers his/her preferences according to the order in which they appear on the ballot paper, (e.g. 1, 2, 3, 4, etc.) it is a __________ vote. 6. After an election, the successful candidate becomes a ________________ of Parliament. 9. ______________ is compulsory in Australia. 13. The upper house is also known as the legislative _______________ in most states. 15. The _____________ is known as the upper house (in federal parliament). 17. Scrutineers pay close attention as election officers __________ the votes. 19. The Prime Minister is the leader of a particular political _____________.

Curriculum Link: The key features of the Australian electoral process (ACHCK024)

27


Definitions 1

Activity

RR Match the definitions at the top of the page with their meanings.

electoral roll division

How-To-Vote card ballot paper

formal vote

provisional vote

safe seat

recount

seat

donkey vote informal vote

1. The percentage of enrolled electors who have voted on polling day.

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2. A sheet of paper that shows the names of candidates standing for election. Each candidate has a box next to his/her name that must be numbered in the voting process to show preferences.

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3. A division or electorate in which the same party or candidate has won each election for a long period of time, especially where the winning candidate usually gains more than 60% of the vote.

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4. A vote where the voter marks the ballot paper 1, 2, 3, 4, and so on.

5. A list of all voters entitled to vote in an election.

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6. A second or further count of votes for a particular seat. 7. This takes place when an elector’s name cannot be found on the electoral roll. The voter’s name must be checked at the divisional office before his/her vote can be counted. 8. Each electorate is divided up into these. They contain approximately the same amount of voters. 9. A vote that has correctly been cast following the correct rules for the election. 10. A card that shows how a particular party or candidate would like voters to fill out the ballot paper. 11. Another word for division or electorate. 12. A ballot paper that has either been filled in incorrectly, or not been filled in at all. 28

turnout

Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Definitions 2

Activity

RR Match the definitions at the top of the page with their meanings.

quota

general postal voter

ballot box

swinging voter pre-poll votes

scrutineers

ordinary vote

mobile teams polling place

absent vote ballot

1. A method of private voting, usually involving a pen or paper.

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2. Someone who doesn’t have a steady pattern of voting. For example, they may vote for the Greens one time, the ALP in another election and then the Liberal Party in another election.

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3. Visitors to places such as prisons, hospitals, nursing homes, ships and so on to allow electors to vote.

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4. A vote that is not considered to be a postal, absentee or informal vote.

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5. When voters are unable to attend a polling booth in their electorate they must make one of these votes at another electorate’s polling place. 6. Votes that are cast before an election, usually because the voter knows in advance that they will not be able to attend a polling place on election day. 7. The location that voters must attend in order to cast their vote. There are several of these in a division. 8. The container into which voters place their completed ballot papers. 9. The number of votes needed by a candidate to be elected. 10. A voter who cannot get to a polling place on polling day (e.g. people in remote communities, people who are overseas) is one of these. 11. People who check the counting process at polling places on behalf of the candidates. Curriculum Link: The key features of the Australian electoral process (ACHCK024)

29


Quiz

Activity

RR Complete the quiz below to test your knowledge of the Australian election process. 1. A _ _ _ _ _ _ _ election is held at least once every three years. 2. There are 150 members in the House of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 3.

_ _ _ _ _ _ _ is a democratic value.

4. An _ _ _ _ _ _ _ _ _ is very different than a democracy. 5. The government is located in _ _ _ _ _ _ _ _ . 6. The Queen is the head of _ _ _ _ _ .

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7. The _ _ _ _ _ _ is also known as the upper house or the legislative council. 8. The House of Representatives and the Senate make up _ _ _ _ _ _ _ _ _ _ .

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9. There are _ _ senators altogether.

10. The _ _ _ _ _ _ _ _ _ _ _ _ originated in Australia in 1859.

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11. The current head of state is represented in Australia by the Governor _ _ _ _ _ _ _. 12. A _ _ _ _ _ _ _ _ _ _ is sometimes held to decide a question by the people that

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may alter Australia’s Constitution.

13. _ _ _ _ _ _ _ _ _ _ is the national law-making body of Australia. 14. _ _ _ _ _ _ _ _ is a term used to describe the right to vote. 15. Voting in _ _ _ _ _ elections is not compulsory in all states and territories. 16. We vote for candidates from the House of Representatives using the _ _ _ _ _ _ _ _ _ _ _ _ voting system. 17. We vote for parties from the Senate using the _ _ _ _ _ _ _ _ _ _ _ _. 18. _ _ _ _ _ _ in Australian federal elections is compulsory. 19. Australia has a _ _ _ _ _ _ _ _ _ _ government, meaning representatives are elected by the people.

30

Curriculum Link: The key features of the Australian electoral process (ACHCK024)


Section Two:

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Democratic Laws

31


Information

Laws 1 Australian laws apply to all people who enter Australia. Laws are made by the Australian government and are important to everyone in society. Laws protect people, their property, their rights, their freedoms. People who enter Australia have rights but they also have a responsibility to obey the law. Rights can be taken away from people who do not obey the law. From the time you could talk you would have been aware of rules and laws. In fact even when you were a baby there was probably a rule that you couldn’t throw food from your high chair!

Where Have Our Rules And Laws Come From?

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Many civilisations realised that for there to be order they needed to make laws based on what was important to them. According to the Bible, for example, the ten commandments were written on stone and handed to the Jewish holy man, Moses, as laws for the Jewish people to follow.

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The ancient civilisations of Greece and Rome also had legal codes for their citizens to follow. Draco drew up the earliest Greek legal code in 621 BC. These laws were very harsh and even today, extremely severe laws are known as Draconian. Between 100 BC and 400 AD the Roman Empire was a significant part of the world and laws were created to deal with people living both in Rome and in the Roman Empire in other parts of the world. It was the Romans who started the democratic belief that people are innocent until proven guilty. The area that is now known as the Middle East contained the ancient civilisations of Mesopotamia. It is these people who are believed to be amongst the first to create codes of law. The oldest written set of laws is the Code of Hammurabi written by King Hammurabi of Babylonia (which is now Iraq). These laws – there were more than 280 of them – were carved in stone and placed throughout the city so that people would know about them. The laws dealt with issues like: private property, business, family relations, work, and personal injury. The punishments for breaking the codes were very severe – this is where the saying “an eye for an eye” comes from.

32

Curriculum Link: How laws affect the lives of citizens, including experiences of Aboriginal and Torres Strait Islander Peoples (ACHCK025)


Laws 2

Activity

RR Read the information below and on the previous page to answer the questions. The laws that we have in place today in Australia have been created to complement fundamental Australian values shared by the majority. We live in a democratic society which believes in values such as: freedom, equality and justice.

Freedom Equalit y

Justice

1. Look at the laws below. Explain why each law would not be in place in Australian society. Write what you think the Australian law might be for each crime specified.

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a. If a man or woman damages the eye of another, his/her eye will be damaged. ___________________________________________________________________

___________________________________________________________________

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b. If anyone breaks into a house to steal, he/she shall be put to death.

___________________________________________________________________

___________________________________________________________________

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c. If an employee decides to leave his/her work place, his/her ear will be removed by the employer.

___________________________________________________________________

___________________________________________________________________

2. Who were the ten commandments first written for?

_______________________________________________________________________

3. What laws did Draco create and how are these laws perceived today?

_______________________________________________________________________

_______________________________________________________________________

4. What democratic belief did the Romans create which still underpins our legal system today?

_______________________________________________________________________

Curriculum Link: How laws affect the lives of citizens, including experiences of Aboriginal and Torres Strait Islander Peoples (ACHCK025)

33


Information

Types Of Laws 1 Everyday serious crimes, such as car theft and murders, are reported in the news. These types of crimes, among others, are dealt with in court. Court cases involve either criminal or civil law.

Criminal Law

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Murder, burglary and physical assault are all examples of criminal acts, and the law, which deals with them, is criminal law. Criminal law involves a situation in which a person has done something which is seen as a threat to the whole community. The government (also known as the state) takes responsibility for taking people accused of these crimes to court to ensure that they are adequately punished for disobeying the law. When the accused appears in court it is said to be “‘the state versus the person”.

The four main types of criminal law are:

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laws which protect property; laws which protect people;

laws which protect society; and

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laws which protect the nation and legal system.

Civil Law

Civil law doesn’t affect everyone. This type of law is between two people about a matter which affects only them. For example, a dispute between you and your neighbour about their barking dog could be dealt with in a court if the matter cannot be settled any other way.

The three main types of civil law are: contract law (to do with agreements); family law (such as births, deaths, marriages and divorces); and the law of tort (French for “wrong” and related to things like trespassing or negligence).

34

Curriculum Link: How laws affect the lives of citizens, including experiences of Aboriginal and Torres Strait Islander Peoples (ACHCK025)


Types Of Laws 2

Activity

After reading the information on the previous page, complete the tasks. RR Examine the list of crimes (offences) listed below and classify them into civil or criminal laws. 1. A group of looters cause havoc in the streets of Sydney.

q civil q criminal q civil q criminal

3. A teenage computer hacker obtains Australian defence secrets and sells them on the Internet.

q civil q criminal

4. Two parents both want sole custody of their three children.

q civil q criminal

5. The local bank is held up at gunpoint - three people are killed and one is injured.

q civil q criminal

6. Tenants of a property are seven months behind in paying their rent.

q civil q criminal

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2. A neighbour’s tree drops its leaves over your fence and causes your swimming pool to turn green.

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Research

Name and date of newspaper:

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Civil

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RR Use either your local newspaper or a state newspaper to find two articles about the law – one about a criminal offence and one that relates to a civil dispute. Read the articles and underline any key ideas. Cut the articles out and fill in the details below.

________________________________

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Crimina

Name and date of newspaper:

________________________________

Headline of article:

Headline of article:

________________________________

________________________________

Summarise what the offender is accused of (i.e. what crime have they allegedly committed?):

Summarise what the offender is accused of (i.e. what crime have they allegedly committed?):

________________________________

________________________________

________________________________

________________________________

Give your opinion of the case. If the person has been found guilty does the punishment seem fair?

Give your opinion of the case. If the person has been found guilty does the punishment seem fair?

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

Curriculum Link: How laws affect the lives of citizens, including experiences of Aboriginal and Torres Strait Islander Peoples (ACHCK025)

35


Enforcing Laws 1

Activity

RR Read the information, then complete the tasks. When laws are introduced into society, they must be enforced. The majority of laws are enforced by the police, however some laws are enforced by public servants (people who work for the government), such as health inspectors and rangers.

park ranger

police officer

public health inspector

parking inspector

fisheries and boating officer

customs official

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1. Obey speed limits on the water.

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RR Choosing from the people pictured above, write down who enforces the laws listed below. 2. You must show a valid passport on entry into

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Australia.

3. Wear a helmet when riding a motorbike.

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4. All dogs must be placed on a lead in public parks. 5. Do not park on the verge. 6. Do not feed the ducks.

7. Do not sell undersized fish. 8. Register all mobile food premises. 9. Food preparation areas are required to be clean and sanitised. 10. Keep to the speed limit on the freeway. 11. Wipe down and switch off all park barbeques after use. 12. Declare all food items being brought into the country. RR On the back of this sheet write down three laws that an environmental protection officer would enforce and three laws that a quarantine officer would enforce. 36

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)


Information

Enforcing Laws 2 The government has three functions or arms: its legislative arm is responsible for making laws, its executive arm is responsible for enforcing the laws and its judicial arm is responsible for settling disputes in courts. So what happens once a Three Functions Of Government crime has been committed or police have reason to believe legislative arm making laws one has been committed? executive arm enforcing the laws

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Dependent upon judicial arm settling disputes in courts the crime committed several courses of action may occur: the offender could be issued with a caution (for example a minor traffic offence); an on-the-spot fine may be issued; the courts can summons someone to appear in court; a warrant can be issued which allows the police to bring someone to court; the offender can be arrested.

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What Happens After The Arrest? An arrest is the process of bringing someone into police custody so that he/she can be charged with an offence. It can occur anywhere and a crime does not need to have taken place (police just need to have strong suspicion of a crime being committed). During the arrest the police will inform the alleged offender that he/ she is under arrest and why. The police may use words such as: “James Halwit, I am arresting you for spraying a bus stop with graffiti. You are not obliged to say anything, but anything you do say may be used in evidence against you.� If the offender has been arrested and the police ask him/her to accompany them to the police station the offender is required to do so. At the police station there are set procedures that are followed. These may include: fingerprinting; photographing the alleged offender; asking the person to empty his/her pockets; conducting an interview which is usually recorded. The two principles of our legal system are: it must be proved beyond reasonable doubt that an offence was committed; and everyone is presumed innocent until they are proven guilty.

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)

37


Activity

Enforcing Laws 3

RR Read the information on the previous page to help you to complete the questions below. 1. Explain the three arms of the government in your own words.

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

2. If somebody is arrested and taken into police custody, what four steps are usually followed when the offender is at the police station? __________________________________________________________________ __________________________________________________________________

__________________________________________________________________

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3. It is said that laws protect our human rights. For example the law that says that all Australian citizens over the age of 18 should vote in federal elections, protects our human right to be treated equally regardless of our gender, race and disabilities. Think of two laws. Write them down and say what human rights they protect. Share your ideas with two or three other classmates. __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

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4. If a person is found guilty of a crime by a police officer but is not taken back to the police station, what punishment have they most likely received?

___________________________________________

___________________________________________

5. Why do you think the two principles of the Australian legal system are important?

___________________________________________

___________________________________________

___________________________________________

___________________________________________

38

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)


Information

The Legal System 1 Although police officers are responsible for bringing before the court people who they believe have broken the law, it is not their duty to decide whether or not offenders are guilty. The Australian legal system, known as the judicial function of the government is responsible for the settling of disputes in courts. Not every dispute, however, comes before the formal courts of Australia. In addition to courts there are other bodies, which are designed to hear complaints and decide on issues, which are more minor. Some of these are: the small claims tribunal; the equal opportunity board; and the ombudsman.

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If cases do go to court, the seriousness of each case will determine which court is attended. For example, someone who has sprayed graffiti on a wall is not likely to be dealt with in the same court as someone who has committed murder.

Federal High Court

There are two levels of courts in Australia – the federal courts and those in the states and Supreme Court territories. The highest of Northern court in Australia is Territory Supreme Court known as the high court. of Queensland Supreme Court This court hears cases to of Western do with the states and Australia Supreme Court Supreme Court international law. Each of South of New South Australia state and territory has its Wales own hierarchy of courts Supreme Court with the Supreme Court of Victoria being the highest. As well Supreme Court as hearing more serious of Tasmania cases, the higher courts in each state are also able to hear appeals from people who have already had their cases heard in the lower courts. There are special courts dealing with family issues and juveniles.

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states and international law

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)

39


The Legal System 2

Activity

RR Use the information on the previous page together with your research skills to answer the questions below. 1. Are police officers involved in the settling of disputes in court? What is their role?

_____________________________________________________________________

_____________________________________________________________________

2. What is the small claims tribunal?

_____________________________________________________________________

____________________________________________________________________

3. What is the ombudsman? _____________________________________________________________________

_____________________________________________________________________

4. Why are there different types of courts?

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_____________________________________________________________________

_____________________________________________________________________

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5. What are the two levels of courts in Australia?

_____________________________________________________________________

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6. What is the highest court in Australia known as and what is its role?

_____________________________________________________________________

_____________________________________________________________________

7. Find out what other courts there are, apart from the Supreme Court, in your state or territory.

_____________________________________________________________________

_____________________________________________________________________

8. What are lower courts?

_____________________________________________________________________

_____________________________________________________________________

9. Typically what issues do you think a family court would deal with?

______________________________________

______________________________________

40

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)


Activity

The Legal System 3

RR Read the information, then answer the questions.

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Juries are people who appear in court to help decide whether a person is guilty of a crime. Members of a jury are made up of 12 to 18 Australian citizens who are selected at random. To be eligible to be chosen to sit on a jury you must be on the electoral roll and be between 18 and 75 years of age (this may vary from state to state). Members of a jury must attend all court hearings and present their decisions to the judge. A judge can preside over court proceedings alone, without a jury. In a courtroom a judge usually wears a black robe, and sits in the most elevated position in the courtroom. A judge, after considering all evidence presented to him/her, makes a final decision about the case and is responsible for handing down punishments fitting of crimes. A magistrate plays a similar role to a judge but usually handles more minor cases. Sometimes a magistrate is appointed by a judge. Magistrates usually do not wear black robes. The accused are usually represented by lawyers in the courtroom. There are two types of lawyers - solicitors and barristers. Lawyers usually wear robes and sit at the bar facing the judge. 1. Why do you think that it is important to have a jury as well as a judge in some hearings? _____________________________________________________________________

_____________________________________________________________________

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2. Why do you think jury members are selected randomly?

_____________________________________________________________________

_____________________________________________________________________

3. Why would a judge sit in the most elevated position in a courtroom?

_____________________________________________________________________

4. Explain the difference between a judge and a magistrate in your own words.

_____________________________________________________________________

_____________________________________________________________________

5. Legal representation (the hiring of a lawyer to defend yourself in court) can be costly. Find out what legal aid is and why this is important in a democracy.

_____________________________________________________________________

_____________________________________________________________________

6. Use your research skills to find out the roles and responsibilities of a judge's associate and a judge's tipstaff. Write your response on the back of this sheet. Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)

41


Activity

Laws And The Indigenous Community

RR Read the information, then complete the questions and the challenge tasks.

When European settlers arrived in Australia in 1788 the many groups of Aboriginal Peoples living here already had a well-established system of laws. These laws were handed down to each generation through stories known as The Dreaming. Indigenous Australians believed that if they follow the laws handed down from their ancestors, it will help them to live in harmony with nature and each other.

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Laws within indigenous communities determine who a person can marry, who has to pay off another person’s debts and who has to look after the elderly and the sick. An interesting law is ‘the mother-in-law ban’ which forbids a man or woman from ever talking to his/her mother-in-law. This ban was introduced perhaps to avoid fighting or to show respect to the position of the mother-in-law in the family. Laws can differ between language groups – for example laws regarding how the land should be cared for may differ depending on the clan that an indigenous person belongs to.

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There are many places in Australia where Aboriginal laws exist and in some cases, judges have allowed traditional law to be applied to court cases. When Europeans arrived in Australia they brought with them many of their traditions from their home country so now much of Australia’s legal and parliamentary system is similar to that in the United Kingdom.

1. How are Aboriginal laws passed onto the younger generation?

_____________________________________________________________________

2. Do you believe traditional Aboriginal law and modern law can exist together in society?

_____________________________________________________________________

_____________________________________________________________________

3. Use your research skills to find out what payback means in indigenous communities.

_____________________________________________________________________

_____________________________________________________________________

Challenge Tasks RR Go to4www.dreamtime.net.au/main.htm to access a Dreaming story which relates to an indigenous law. Retell this story to the class. RR Do some research on tribal law and describe it on the back of this page. 42

Curriculum Link: The roles and responsibilities of key personnel in law enforcement and in the legal system (ACHCK026)


Section Three:

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Working In Groups

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Activity

Working Together 1

RR Read the Aboriginal Dreamtime story, then complete the questions below.

Tiddalick The Greedy Frog

(adapted by Lisa Craig)

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A long time ago before people lived on the Earth, there was a big frog called Tiddalick. Tiddalick lived in the hot Australian desert and he thought that he was the boss of all the animals. One day Tiddalick was very thirsty. He went to the only pond of water in the desert garden and he started to drink all of the water. He drank and drank and drank. He grew bigger and bigger and bigger. He didn’t leave one drop of water in the pond. The other animals in the desert came to the pond to drink. There was no water! They were so thirsty. Then they saw big, fat Tiddalick. "Tiddalick drank all the water!” said the kangaroo. "What can we do?” asked the kookaburra. “I know!” said the sleepy wombat. “Let’s make him laugh and laugh and laugh, then all the water will come out of his mouth.” The kangaroo hopped on one leg. Then she hopped on the other. She hopped up and down, up and down, up and down. But Tiddalick didn’t laugh. “My turn,” said the emu. The emu danced the can-can and wobbled his big bottom at the frog. Tiddalick didn’t laugh, Tiddalick didn’t even smile! The frill-necked lizard was very confident. “Watch me, you big bad frog,” she cried. The lizard turned around and around and around like a ballerina on the desert sand until she was very dizzy, but Tiddalick didn’t laugh. The eel that lived in the pond wriggled over to Tiddalick and started to tickle his leg with his tail…then he tickled him on the tummy…then under Tiddalick’s arms. Now the eel was around Tiddalick’s neck and suddenly Tiddalick started to laugh. He laughed and laughed and laughed. Tiddalick laughed so much that all the water came out of his mouth and there was water again for the animals of the desert. The kangaroo, the kookaburra, the emu, the eel, the wombat and the lizard laughed too and they danced under the desert sun. All the animals were happy again.

1. Which animals worked together as a team? ______________________________________ __________________________________________________________________________ 2. What was this team’s shared belief? ____________________________________________ 3. What was the team’s aim? ____________________________________________________ 4. Did the team achieve its aims? How? _________________________________________ _______________________________________________________________________ 5. Which animal was not part of this team? _________________________________________ 6. What does this story tell us about the advantages of working as a team? ____________________________________________________________________________ 44

Curriculum Link: Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)


Activity

Working Together 2

RR There are many different types of groups. Look at the groups below. In pairs identify the name of each group and its possible shared aims and/or shared beliefs. Team up with another pair and share responses.

2

RR There are advantages and disadvantages to working in a group. Look at the two pictures below. Underneath each, identify one possible disadvantage of working in a group.

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1

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___________________________________ ___________________________________

3

____________________________________ ____________________________________

RR There are advantages and disadvantages to working in a group. Look at the two pictures below. Underneath each, identify one possible advantage of working in a group.

___________________________________

____________________________________

___________________________________

____________________________________

Curriculum Link: Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)

45


Activity

Working Together As Global Citizens

RR Some groups form to help people in need around the world. This is known as global citizenship - the belief that we are all citizens of the globe and should unite to help each other in times of need. Visit the websites listed below and find out how each group helps people. UNICEF 4www.unicef.org Aims/Objectives Mission Statements

Aims/Objectives

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Mission Statements

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RED CROSS 4www.redcross.org.au

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Successes

Successes

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WORLD VISION 4www.worldvision.com.au Aims/Objectives

Mission Statements Successes

BILL AND MELINDA GATES FOUNDATION 4www.gatesfoundation.org Aims/Objectives Mission Statements Successes

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Curriculum Link: Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)


Activity

Developing Sustainable Communities Together 1

RR Read the information, then complete the questions below.

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We can work together as local and regional citizens to develop sustainable Australian communities. Ecotourism helps to develop sustainable communities because it enables tourists to experience a place’s natural attractions without damaging its environment, so that a place can be enjoyed by future generations. We can support eco-tourism by staying in ecofriendly resorts and going on eco-friendly trips. Some examples of ecotourist trips in Australia include: nature walks with indigenous guides in The Top End to see rock art, camping out to stargaze in the desert and having brekkie with tiny darting penguins and albatross in Tasmania.

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There are many local and regional groups in Australia that are committed to being eco-friendly and developing more sustainable Australian communities. Instead of building tourist accommodation for resorts by bulldozing the natural vegetation, building resort facilities and landscaping new gardens with plants placed carefully around buildings are now encouraged. Eco-friendly resorts preserve the natural environment in several ways: by keeping as much of the native vegetation as possible - building around mature trees and not cutting them down; implementing educational programmes to teach tourists about the local culture, history, plants and wildlife; installing water and energy-saving technology; including tourists in surveys to monitor threatened species. 1. How many people/groups need to be involved to make eco-tourism a success? Give examples of the types of groups that need to be involved.

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2. Why would people volunteer to join groups which promote eco-tourism?

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____________________________________________________________________ Curriculum Link: Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)

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Activity

Developing Sustainable Communities Together 2

RR Read the information, then complete the questions below.

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Even though less than 600,000 people live in the northern tropical savannahs (3% of Australia’s total population), this landscape is an important natural, cultural and economic resource for Australia. The savannahs cover about 20% of the continent’s land mass and are the world’s largest remaining grasslands. The savannahs of Africa, Asia and South America have been greatly reduced and damaged by forest clearing, over-grazing by cattle and the increase in people living in this environment. Northern Australia is still an immense wilderness that has been cared for by its indigenous communities for thousands of years. The tropical savannahs are rich in natural resources that contribute more than $14.5 billion to Australia’s economy each year. It is important to strike a balance between the growth of the mining, pastoral and tourism industries and the conservation of the biodiversity of the savannahs. The Australian federal and state governments are working with research institutions and local people to make decisions about how to manage savannah lands in a sustainable way. For example, ecologists are looking at applying traditional indigenous methods of fire management to prevent bushfires.

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1. Why should we work as a team to look after our tropical savannahs – why are they important?

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2. Identify four groups of people who need to work together to preserve our tropical savannahs. Say what you think each group’s role would be in preserving the savannahs.

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3. Why would it be very difficult to conserve our savannahs without group work? Give an example of one group not working as a team.

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Curriculum Link: Why people in groups achieve their aims, and how they can express their shared beliefs and values and exercise influence (ACHCK027)


Answers 4. Possible answers: Allowing only one social group to apply for a particular promotion, paying workers in the same position different rates of pay, etc. 5. A school, college, university or other recognised place of study. 6. Possible answers: Offering some courses of study to only men or women, etc. Not catering for people with physical disabilities, etc. 7. Possible answer: By offering all subjects, sporting opportunities and camps, etc. to all types of students, not just one particular group.

P8 1. Because we would not be honouring a key value which underpins our liberal democratic system of government - freedom. A state religion would not allow people the freedom to practise their own religions. In Australia, it is particularly important to allow people to practise their own religions because we are a multicultural society and migrants and people who descend from other countries may wish to practise their religions to remain connected to their cultures and their beliefs – and they should have the freedom to do this. 2. They could make places of worship specific to each religion available, such as temples, etc. They could teach people about the importance of valuing different religions in Australia. (Other responses may be acceptable.) 3. Censorship refers to the editing of information in an unfair way to serve the needs of a minority group. Censorship of the media by a specific political party prevents freedom of the press. 4. Students might identify China as a country which heavily censors the media. Censorship prevents independent thinking and socially conditions people to view events from one perspective. 5. Four other freedoms are: freedom of association, freedom of assembly, freedom of speech and freedom of movement.

P10 Students might note that electors of Australia should vote responsibly because: it is in keeping with the spirit of a democracy and respectful of the people who have fought to obtain the vote for all Australians; it ensures that our local needs are met as well as our needs as a nation; our voices are heard and parties in power affect our day to day experiences.

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P7 1. A democracy. 2. By voting; through petitions; through peaceful protests; writing letters; through speeches; through the media. 3. Students' own responses. 4. Students should say a democracy because they should realise that an autocracy only serves the needs of one person or at the very least a few people. 5. Possible responses: The Maldives, Zimbabwe and Iran.

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P11 People who wish to nominate themselves to be elected are known as candidates. Candidates must be Australian citizens and eligible to vote. This means that they must be over 18 years of age, of sound mind and have no serious criminal convictions. Members of state parliaments, public servants and officers of the Electoral Commission must resign from their positions before they stand for election. People who have an allegiance to another country (including citizens of another country) and who are bankrupt are not eligible to stand for election.

P9 1. It would be unfair because the interests of the social group prevented from voting would not be heard or catered for. By denying one social group the vote, we would be assuming that one social group is more important than another - and in Australia we believe that everyone is important. 2. It means treating all workers in the same way and not privileging one person above another because of their gender, race or religion. 3. Possible answers: By providing the same facilities for all workers, by allowing all workers to apply for promotions, by paying workers in the same positions equally, etc.

P12 1. Separate voting compartments for voters to mark their ballot papers in private; unmarked voting papers; a non-transparent ballot box; an electoral roll which notes voters’ attendance. 2. i. It is time-consuming and there is room for human error. ii. It would be less time-consuming than the present system and more likely to be accurate. However, it may be harder for people who are not online and not accustomed to computers to vote. Technical errors might occur. (Other responses may be acceptable.) iii. Online voting could establish a system which required a voter to submit a marked voting paper in order to be registered as having voted. 3. The secret ballot supports the fundamental values of a democracy because it allows all Australian citizens to vote and therefore be heard – supporting equality. It ensures that all voters have the freedom to vote confidentially are not coerced to vote for any particular party – this supports justice and fairness.

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P14 1. All electors over the age of 18 and of sound mind have a responsibility to vote in federal elections. Australians living and travelling overseas must still vote via a postal system. This means that all electors should ensure that they are registered on the electoral roll, know where to go to vote and when to vote. 2. Students' own responses. 3. The right to vote. 4. A woman who fought for the right to vote in elections. 5. South Australia 6. Victoria 7. 1962 Research: Lebanon: partial suffrage – women are required to provide proof of elementary schooling to vote. Brunei: no suffrage for men or women. Saudi Arabia: no suffrage for women. The Vatican City: no suffrage for women. The United Arab Emirates: limited suffrage for men and women.

1. 2. 3. 4. 5.

The counting of the votes. 6pm The evening of election day. The House of Representatives They collect the results of the votes and enter them into the AEC’s national computerised system.

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P20 1. No 2. Gillard 3. Howard 4. 202 5. Hockey

10 = First preference votes are counted. 9 = Scrutineers watch as electoral officers prepare the votes for counting. 3 = Candidates make speeches and visit electors. 7 = Ballot papers are filled in by voters according to preferences. 5 = Voters collect ‘How-To-Vote’ cards from party supporters. 12 = The winning candidate is declared a member of parliament. 11 = Second preference votes are counted. 4 = Voters go to the polling booth. 1 = Pre-selection occurs to decide which candidates from each political party should stand for election. 2 = Candidates prepare pamphlets and posters as part of their election campaign. 8 = Voters place completed papers in ballot boxes.

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P26 Across 1. swinging 2. majority 4. informal 7. house 8. commission 10. candidate 11. years 12. minister 14. polling 16. election 18. upper 20. ballot 21. lower

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P21 1. Ballot Paper B 2. Ballot Paper C 3. Suggested answers: Because they are undecided about who to vote for; they do not value their right and responsibility to vote; they are disinterested in politics; they believe that political leaders’ policies are similar. 4. Because in a democracy all voices should be heard so that their needs are catered for. Voting shows our respect for those who have fought for the democracy that we have in place today. 5. Ballots Paper A and Ballot Paper D. P23 Western Australia: number of ballot papers = 147 147 divided by 13 plus one = 12 Northern Territory: number of ballot papers = 147 147 divided by 3 plus one = 50 P24 1. Students should place a number one next to any party above the line and leave the other parties blank. Students should number all candidates below the line. 2. A Group Voting Ticket is issued by individual senate parties. It informs the AEC how to number their preferences. P25 6 = Voters’ names are crossed off the electoral roll.

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P28 1. turnout 2. ballot paper 3. safe seat 4. donkey vote 5. electoral roll 6. recount 7. provisional vote 8. division 9. formal vote 10. How-To-Vote card 11. seat 12. informal vote P29 1. ballot 2. swinging voter 3. mobile teams

Down 1. seat 3. representative 5. donkey 6. member 9. voting 13. council 15. senate 17. count 19. party


4. ordinary vote 5. absent vote 6. pre-poll votes 7. polling place 8. ballot box 9. quota 10. general postal voter 11. scrutineers 11. general 12. referendum 13. Parliament 14. suffrage 15. local or state 16. preferential 17. proportional 18. voting 19. democratic

P40 1. No. They are responsible only for bringing those who they believe have committed an offence before the court. They can however give evidence in court. 2. Small claims tribunals typically deal with private disputes which don’t involve a lot of money, e.g. the collection of small debts, evictions, disputes between landlords and tenants, etc. 3. The ombudsman resolves disputes outside of the court system. It handles complaints and conducts investigations about actions and decisions made by Australian government departments and agencies. It is free and there is an ombudsman in every Australian state and territory. 4. Because people who work at each court specialise in handling and resolving different types of crimes, disputes, etc. 5. The federal courts and those in the states and territories. 6. The high court – it hears cases to do with the states and international law. 7. Students' own responses. 8. Any courts below the highest court in each state. 9. Divorce and separation issues, child custody issues, domestic disputes, etc.

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P33 1. a. In Australia we do not condone physical violence, therefore we do not punish people using physical violence. If a person deliberately damages another’s eye, he/she would most probably be imprisoned for an appropriate period of time, receive a fine, or in certain circumstances be asked to do community service. b. Australia does not have the death penalty. People who steal from another, depending on the circumstances, would either be imprisoned for an appropriate period of time, receive a fine, or be asked to do community service. c. In Australia, Australians have the right to choose their place of employment and serve notice if they wish to terminate their contract with an employer. Australians would not be formally punished for leaving a place of work. 2. Jewish people. 3. Draco created the earliest Greek legal code in 621BC. These laws are perceived today as very harsh. Extremely severe laws today are referred to as Draconian. 4. People are innocent until proven guilty.

P38 1. The legislative arm is responsible for making laws. The executive arm is responsible for enforcing laws. The judicial arm is responsible for settling disputes in courts. 2. Fingerprints are taken; a photograph is taken of the offender; the offender is asked to empty his/ her pockets and an interview is conducted. 3. Students' own responses. 4. The offender may have received an on-thespot fine or have received a caution. 5. It means that people cannot be arbitrarily accused of committing a crime; it reduces the risk of innocent people being sentenced for crimes that they did not commit.

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P30 1. federal 2. Representatives 3. freedom or justice 4. autocracy 5. Canberra 6. state 7. Senate 8. Parliament 9. 76 10. secret ballot

6. park ranger 7. fisheries and boating inspector 8. public health inspector 9. public health inspector 10. police officer 11. park ranger 12. customs official

P35 1. criminal 2. civil 3. criminal 4. civil 5. criminal 6. civil P36 1. fisheries and boating officer 2. customs official 3. police officer 4. park ranger 5. parking inspector

P41 1. So that the judge can see the case through different people’s eyes. The more points-ofview considered the fairer the final decision. 2. The likelihood of jury members having a vested interest in a particular case or sharing the same points-of-view on the case is lessened. 3. So that he/she has the best vantage point; all people can present their cases clearly

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P48 1. They are important because they are rich in natural resources, they would house many animals and they are important to indigenous communities. We need to work as a team to look after them because it would be too great a job for a small group to manage. 2. Indigenous Australians (using fire management methods to preserve them); the Australian federal and state governments (enforcing rules and laws re the preservation of savannahs); mining groups (being careful to mine only a small proportion of the savannahs and using methods which are kind to the environment); tourist groups (ensuring that they do not damage the savannahs when showing them to tourists). 3. If we did not work as a team to preserve the savannahs then their preservation would not be successful. For example if the mining industry did not mine responsibly then savannahs would be damaged.

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P42 1. Through Dreaming stories. 2. It is important that we allow traditional Aboriginal law and modern law to operate side-by-side in society to show that we respect the culture and practices of our indigenous communities and not to privilege one law above another. 3. A punishment which involves controlled violence. It is supervised and its intention is to right wrongs and restore social harmony in the community. Payback is also referred to as traditional violence.

groups and builders would need to get involved. People would need to support the resorts by staying there. Indigenous Peoples are well-known supporters of eco-tourism. 2. Because they feel passionate about sustainable living; because they want to be a part of something which is innovative and can be successful.

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to the judge; symbolises his/her position of power/authority in the courtroom. 4. A judge is generally more powerful than a magistrate, because a judge deals with more serious cases and can appoint magistrates. 5. Legal aid is free legal representation. This is important in a democracy because it ensures equality. 6. A judge’s associate is responsible for: drawing out the names of the jury, swearing in the jury, keeping a list of trial exhibits and documents, and recording the verdict of the jury. A judge’s tipstaff announces that the court is in session and swears in witnesses. They look after the jury, escorting them to and from the courtroom and jury room.

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P44 1. The kookaburra, the wombat, the kangaroo, the emu, the frill-necked lizard and the eel. 2. That water should be shared. 3. To extract the water from Tiddalick’s mouth by making the greedy frog laugh. 4. Yes, the eel tickled Tiddalick’s neck with his tail and made him laugh, “all the water came out of his mouth.” 5. Tiddalick 6. You can all use different approaches to achieve a shared aim.

P45 1. Groups: netball team (to win its matches), soldiers (to defeat the enemy), AFL team (to win its matches), class group (to complete an assigned piece of work). 2. First picture: somebody making all the decisions, being too bossy and not valuing all opinions in the group. Second picture: somebody not contributing to the group and wasting time or mocking group members’ ideas. 3. Both pictures: meeting friends, sharing ideas, getting lots of different points-of-view. P47 1. Many different types of groups need to be involved to make eco-tourism a success. For example in order to build an eco-friendly resort, government bodies such as planning

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