Assessment Task Knowledge (Learner Version)
Assessment Task Knowledge (Learner Version)
3: Victorian Courts and Tribunals; Civil and Administrative Law
Learner information
Learner name: Learner ID: Section A Program/Course details
Qualification code: 22294VIC Qualification title: Diploma of Justice
Unit code:
VU23166
VU23167 Unit title:
Apply foundation legalprinciples
Prepare to work in the criminal justice system cluster
Section B Assessment task details
Assessment number: 3 of 4 Semester/Year: Semester 2, 2024
Due date: Tuesday the 22nd of October 2024. Duration of assessment: Assessment task results: This assessment task will be marked as:
Ungraded result: Satisfactory or Not Satisfactory
Other (eg points):
Section C Instructions to Learners
Task instructions:
This task requires you to:
Answer ELEVEN (11) questions about Victorian courts and tribunals, and administrative and civil law
Prior to assessment you are expected to:
Participate in at least 80% of class and Brightspace learning activities
Attend at least 80% of classes
Instructions for the task:
Write your name and learner ID on page 1 and Section E on page 2.
Answer all questions in the task.
Read the questions carefully to ensure your answers meet the requirements.
Complete the task in your own time, but you may have opportunities to work on it in class.
Use your own words in your answers, but it's okay to select/names/indicate answers for some questions.
You can submit your answers digitally in a Word Doc or by scanning a printed version as a PDF.
All answers must be appropriately referenced and cited according to APA 7 referencing style. Failure to reference appropriately and consistently will result in a Not Yet Satisfactory grade for this assessment.
Your grammar, spelling and syntactical structure must be indicative of Diploma level ability and demonstrate the ability to create complex texts in line with sector expectations.
Resources allowed to students
This is an open-book assessment. You may use any notes, resources, textbooks, or online research to answer the questions if they are appropriately cited and referenced.
the direct use of Artificial Intelligence (AI) in the submission of this assessment will be deemed academic misconduct
Purpose of this assessment: For youto demonstrate the knowledge required for this subject and demonstrate your understanding of key concepts
Section D Conditions for assessment
Completing your assignment:
Use Microsoft Word or a similar program to type your answers in the answer boxes for each question
If you choose to hand-write your answers, follow these rules:
Arrange printing of the task yourself
Use blue or black pen and write legibly
Scan your pages in sequential order into a PDF and upload it to Brightspace
Contact your assessor if you need special arrangements (see Special consideration below)
Any assignments submitted up to 5 days late will deemed a first resubmission. Assignments submitted between 5 and 10 days late will be considered a second resubmission. Assignments submitted more than 10 days late will not be marked and you will have to repeat this unit.
If you are resulted Not Yet Satisfactory and are required to submit a resubmission, you will have 5 business days to complete and submit the resubmission.
Submitting your assignment:
Submit your assessment task on Brightspace in the Assessment submission area
Submit in .doc or .pdf format, not in a Zip folder
Don't submit via paper hardcopy or email (excepting Special consideration arrangements)
You don't need an assignment cover sheet for Brightspace submissions
Keep a copy of your assignment until at least the end of the course.
How your assignment is marked
You will receive a grade of either "Satisfactory" (S) or "Not Yet Satisfactory" (NS).
The assessor will use Brightspace to mark your task and provide feedback.
All of your answers must be correct to receive an "S" grade.
If one or more answers are incorrect, you will receive an "NS" grade and will need to provide a resubmission.
The assessor's feedback is meant to be positive and will include details on how to improve for a resubmission if necessary.
Resubmission:
Check your assessment feedback on Brightspace.
Make a copy of your original completed submission for a resubmission.
Update the required questions and upload the new version to Brightspace, unless otherwise arranged.
If you are submitting a scanned PDF, include page 1 of the task (completed) and only scan the pages with updated answers.
You are allowed 2 resubmissions
Seek LSC support when resubmitting if needed.
If your 2nd resubmission is not satisfactory, discuss your circumstances and options with the education manager and/or assessor.
Special Consideration
If you have special circumstances, talk to the assessor or Education Manager to discuss options such as due date extensions, paper/email submissions, or accommodations for disabilities/medical conditions.
Full details of your rights and obligations as students, we well as your right to appeal, is available at https://holmesglen.edu.au/Students/Student-Resources/Student-Rights-and-Obligations/Equipment/resources learners must supply: Equipment/resources to be provided by the RTO:
You need access to computing equipment and software to complete task in Doc format outside of class
If you wish to hand-write: arrange printing, use black or blue pen, scan into PDF, and upload to Brightspace
For on-campus classes, bring own laptop/tablet (if possible) or notebook and pen All learning materials available on Brightspace, including assessment tasks and digital learning materials.
Classroom space appropriate for learning purposes.
Computer labs are provided when available and appropriate.
Section E Marking Guide Learner Answer Sheet
Assessment number: 3 Assessment title: Victorian Courts and Tribunals; Civil and Administrative law
Learner ID:
ID.
Learner name:
Learner name.
Unit code: VU23166
VU23167 Unit title:
Apply foundation legalprinciples
Prepare to work in the criminal justice system cluster
Date:
22/10/2024
Questions: Provide your responses in the boxes below each question.
Question 1: What do we mean by the term civil law in Australia?
What is the standard of proof for civil matters?
Give an example of a matter that would be a civil action. Satisfactory response
Yes No Answer
Question 2:
What is administrative law? Why is administrative law important in our legal system?
(VU23166 PC 1.4)
Satisfactory response
Yes No Answer
Question 3:
Which of these are aspects of natural justice? Highlight the correct responses.
(a) If a person faces a prison term, the prosecution must prove the case beyond reasonable doubt
(b) If a person faces a potential adverse decision, they must be told the case to be met
(c) A person must be given a chance to respond to information/evidence that could be used to make a decision against them
(d) Everyone in Australia is entitled to legal representation paid by the government
(e) The decision maker must not know anyone involved in the case
(f) The decision maker must be impartial and not be affected by real or apprehended bias
(g) The decision must be made on the available evidence
(VU23166 PC 2.5, K9)
Satisfactory response
Yes No Answer
Question 4: This paper deals with the issue of bias in decision-making by judges. How does Justice Sackar describe the difference between actual bias and apprehended of bias?
https://supremecourt.nsw.gov.au/documents/Publications/Speeches/2018-Speeches/Sackar_20180116.pdf(VU23166 PC 2.5, K9) Satisfactory response
Yes No Answer
Question 5: Draw a diagram showing how Victorian courts and Tribunals are organised. Make sure you include specialist courts operating in the State
(VU23166 PC 2.1) Satisfactory response
Yes No Answer
Question 6: Which courts or tribunals have jurisdiction to deal with the following matters?
An application for probate on a will when a person has died
A sudden death that has no apparent cause
The trial of a 15 year old for murder
An application by person to be made guardian for another person
A person whose licence was suspended is caught driving
An armed robbery trial
A committal hearing for a person charged with drug trafficking
A Family Violence Intervention Order application
A drug trafficking trial
A dispute about a boundary fence
A local council refuses a building permit to a resident wanting to put a granny flat on their land they want that decision reviewed
A 15 year old is charged with shoplifting
(VU23166 PC 2.1) Satisfactory response
Yes No Answer
Question 7 Eleanor Rigby applies to the Architects Registration Board of Victoria (ARBV) to be registered as an architect. The ARBV refuses her application, on the basis that Eleanor has been found guilty of a dishonesty offence in the past 10 years (section 10A Architects Act 1991 (Vic)).
Eleanor wants to contest this decision. She believes ARBV did not assess her application properly. Answer the following questions (make sure you quote the relevant section of the Act and/or the webpage for the court or Tribunal):
Which court or tribunal can consider the merits of decision made by ARBV?
How soon after the decision does Eleanor need to make her application for review?
What decisions can the body make after considering Eleanors case?
If Eleanors application had been approved, but she wanted to complain about intrusive questions ARBV asked her the application process, who could she complain to?
(VU23166 PC 2.1, 2.2, K3)
Yes No Answer
Question 8:
Soraya goes to McDingles, a fast food outlet in Glen Waverley, and orders a coffee and fries. James, a McDingles employee, makes the coffee. Hes never been training in making coffee, but the barista is on a break, so the duty manager tells him to do his best.
When the coffee is handed to her, Soraya takes a sip. The coffee is so hot, it burns her mouth and throat. She drops the cup in shock, and boiling coffee spills on her arm.
Soraya is taken by ambulance to the nearest hospital and treated for third degree burns to her mouth and throat and second degree burns to her arm. She has to have a tracheotomy so she can breathe until her throat heals, and she is off work for three months.
Soraya goes to see a solicitor who says that Soraya has a legal claim against McDingles.
What sort of common law claim does Soraya have? Explain the basic principles of this kind of claim.
Which Victorian Act deals with litigiation of this kind?
If Soraya takes legal action, who would she direct her claim to and why?
What would be the first step in taking action?
What sort of remedy is Soraya likely to seek?
If this step does not settle the matter, which court is Soraya likely to take her case to?
What steps will Sorayas solicitor take to start proceedings and to ensure the other party is notified?
What options does the other party have when it receives notice that Soraya has commenced proceedings?
Who has the onus of proof in this case?
What is the standard of proof in this type of claim?
(VU23166 PC 1.4, 2.1, 2.2, K3) Satisfactory response
Yes No Answer
Question 9: Sorayas case proceeds to trial. What is the role/function of each of the following people?
The judge
The jury
Plaintiffs solicitor
Respondents barrister
Expert witness
Judges associate
Tipstaff
(VU23166 PC 2.3, 3.1, PE 1) Satisfactory response
Yes No Answer
Question 10 Soraya loses her case against McDingles. Her solicitor and barrister believe the judge in the case made errors in law by:
Allowing evidence that was inadmissible and
Mis-directing the jury in summing up.
Which court can Soraya appeal to? Are there any time limits on this?
(VU23166 PC 2.1, 2.2, K3) Satisfactory response
Yes No Answer
Question 11 What does on the balance of probabilities mean in law?
(VU23166 K6) Satisfactory response
Yes No Answer
Section F Feedback to Learners
Has the learner successfully completed this assessment task? Yes No
Additional Assessor comments (as appropriate):
Click here to enter text.Resubmission allowed: Yes No Resubmission due date:
Click here to enter a date.
Assessor name: Alana Hewitt-Rau
Assessor signature: Date:
Click here to enter a date.
Assessment Task Knowledge (Learner Version)
1: Prepare a reference list on a justice topic
Learner information
Learner name: Learner ID: Section A Program/Course details
Qualification code:
22594VIC
Qualification title: Diploma of Justice
Unit code:
VU23168Unit title:
Apply writing and presentation skills within a justice environment
Section B Assessment task details
Assessment number: 1 of 3 Semester/Year: Semester 2/2024
Due date: 03/09/24 at 11:59pm Duration of assessment: Assessment task results: This assessment task will be marked as:
Ungraded result: Satisfactory or Not Satisfactory
Other (eg points): Click here to enter text.Section C Instructions to Learners
Task instructions:
Prior to assessment you are expected to:
Participate in at least 80% of class and Brightspace learning activities
Attend at least 80% of classes
Instructions for the task Part 1:
Write your name and learner ID on page 1 and Section E on page 2.
Answer all questions in the task.
Read the questions carefully to ensure your answers meet the requirements.
Complete the task in your own time, but you may have opportunities to work on it in class.
Use your own words in your answers, but it's okay to select/names/indicate answers for some questions.
You can submit your answers digitally in a Word Doc or by scanning a printed version as a PDF.
All answers must be appropriately referenced and cited according to APA 7 referencing style. Failure to reference appropriately and consistently will result in a Not Yet Satisfactory grade for this assessment.
Your grammar, spelling and syntactical structure must be indicative of Diploma level ability and demonstrate the ability to create complex texts in line with sector expectations.
Instructions for the task Part 2:
According to Perrin (2016) a reference list: provides comprehensive information on each of the sources used in a paper. By listing the author (or authors) of each source- along with publication dates, full titles, and information about publishers (producers, distributors, or websites)writers ensure that readers can locate sources for further study (p.63).For this task, you are required to prepare a reference list using the Holmesglen APA 7th Referencing Style. You will need to choose ONE justice topic from the list below. Female Offenders Gang Violence Family & Domestic Violence Alcohol-related Violence Youth Offenders in AustraliaPlease keep in mind that your chosen topic from this assessment will also be used in Assessment Tasks 2 & 3.The task of compiling a reference list will help you think about the relevance and quality of your research material. In preparation for your reference list, you will need to complete the FIVE (5) questions below. There will be time allocated in class to work on this task, however, it is expected that you will work on this task outside of class time as well.
Resources allowed to students
This is an open-book assessment. You may use any notes, resources, textbooks, or online research to answer the questions if they are appropriately cited and referenced.
he direct use of Artificial Intelligence (AI) in the submission of this assessment will be deemed academic misconduct
Purpose of this assessment
For you to demonstrate the knowledge required to research, analyse, and evaluate, document and present, information that meet organisational requirements across a range of justice environment contexts.
Section D Conditions for assessment
Conditions:
Completing your assignment:
Use Microsoft Word or a similar program to type your answers in the answer boxes for each question
If you choose to hand-write your answers, follow these rules:
Arrange printing of the task yourself
Use blue or black pen and write legibly
Scan your pages in sequential order into a PDF and upload it to Brightspace
Contact your assessor if you need special arrangements (see Special consideration below)
Any assignments submitted up to 5 days late will deemed a first resubmission. Assignments submitted between 5 and 10 days late will be considered a second resubmission. Assignments submitted more than 10 days late will not be marked and you will have to repeat this unit.
If you are resulted Not Yet Satisfactory and are required to submit a resubmission, you will have 5 business days to complete and submit the resubmission.
Submitting your assignment:
Submit your assessment task on Brightspace in the Assessment submission area
Submit in .doc or .pdf format, not in a Zip folder
Don't submit via paper hardcopy or email (excepting Special consideration arrangements)
You don't need an assignment cover sheet for Brightspace submissions
Keep a copy of your assignment until at least the end of the course.
How your assignment is marked
You will receive a grade of either "Satisfactory" (S) or "Not Yet Satisfactory" (NS).
The assessor will use Brightspace to mark your task and provide feedback.
All of your answers must be correct to receive an "S" grade.
If one or more answers are incorrect, you will receive an "NS" grade and will need to provide a resubmission.
The assessor's feedback is meant to be positive and will include details on how to improve for a resubmission if necessary.
Resubmission:
Check your assessment feedback on Brightspace.
Make a copy of your original completed submission for a resubmission.
Update the required questions and upload the new version to Brightspace, unless otherwise arranged.
If you are submitting a scanned PDF, include page 1 of the task (completed) and only scan the pages with updated answers.
You are allowed 2 resubmissions
Seek LSC support when resubmitting if needed.
If your 2nd resubmission is not satisfactory, discuss your circumstances and options with the education manager and/or assessor.
Special Consideration
If you have special circumstances, talk to the assessor or Education Manager to discuss options such as due date extensions, paper/email submissions, or accommodations for disabilities/medical conditions.
Full details of your rights and obligations as students, we well as your right to appeal, is available at https://holmesglen.edu.au/Students/Student-Resources/Student-Rights-and-Obligations/Equipment/resources learners must supply: Equipment/resources to be provided by the RTO:
You need access to computing equipment and software to complete task in Doc format outside of class
If you wish to hand-write: arrange printing, use black or blue pen, scan into PDF, and upload to Brightspace
For on-campus classes, bring own laptop/tablet (if possible) or notebook and pen All learning materials available on Brightspace, including assessment tasks and digital learning materials.
Classroom space appropriate for learning purposes.
Computer labs are provided when available and appropriate.
Section E Marking Guide Learner Answer Sheet
Assessment number: 1 of 3 Assessment title: Prepare a reference list on a justice topic
Learner ID: Learner name: Unit code: VU23168Unit title:
Apply writing and presentation skills within a justice environment
Date: 03/09/24
Questions: Provide your responses in the boxes below each question.
Question 1: Before you begin this task, it is important to know the differences between sources of information.
1. Define a primary, secondary and tertiary source.
Satisfactory response
Yes No Answer:
Primary source:
Secondary source:
Tertiary source:
Comment:
Click here to enter text.Question 2: Once you have chosen your justice topic from the list provided in the instructions, list FIVE key words or phrases that you can use in your search engine to help in your research. Satisfactory response
Yes No Answer:
1) Key word or phrase:
2) Key word or phrase:
3) Key word or phrase:
4) Key word or phrase:
5) Key word or phrase: Comment:
Click here to enter text.Question 3: Using your key words that you have identified in Question 2, begin your research to develop a reference list.
You will need to research reputable sources that reflect your chosen topic.
You must locate the following sources:
TWO books (HINT: They can be online books)
TWO journal articles (HINT: Try searching the Holmesglen Library databases)
TWO webpages (HINT: .edu & .gov)
ONE piece of legislation that is relevant to your chosen topic.
*For this question, you only need to list the author and title of the sources you have located. The full reference for these sources needs to be listed in Question 5. Satisfactory response
Yes No Answer:
BOOK 1 Author & Title:
BOOK 2 Author & Title:
JOURNAL ARTICLE 1 Author & Title:
JOURNAL ARTICLE 2 Author & Title:
WEBPAGE 1 Link:
WEBPAGE 2 Link:
LEGISLATION 1:
Comment:
Click here to enter text.Question 4: Now that you have located your sources, chose ONE (1) book and write one example of in-text citation for a direct quote.
HINT: (Brown, 2018, p. 28) Satisfactory response
Yes No Answer:
Comment:
Click here to enter text.Question 5: Now it is time to prepare your reference list using the Holmesglen APA 7th style guide! Remember, this will need to be in alphabetical order based on the authors surname. There should be a total of 7 sources in your reference list. HINT: If there is no author, you can use the name of the organisation. Don't forget to include your legislation in your reference list.
Please refer to the Holmesglen referencing page for assistance http://holmesglen.libguides.com/apareferencing and the VU23168 Student Guide book provided. Satisfactory response
Yes No Answer:
References
Comment:
Click here to enter text.Section F Feedback to Learners
Has the learner successfully completed this assessment task? Yes No
Additional Assessor comments (as appropriate):
Click here to enter text.Resubmission allowed: Yes No Resubmission due date:
Click here to enter a date.
Assessor name: Assessor signature: Date:
Click here to enter a date.
Assessment Task Knowledge (Learner Version)
2: Making law: Statute and Common law in Australia
Learner information
Learner name: Learner ID: Section A Program/Course details
Qualification code: 22294VIC Qualification title: Diploma of Justice
Unit code:
VU23166
VU23167 Unit title:
Apply foundation legalprinciples
Prepare to work in the criminal justice system cluster
Section B Assessment task details
Assessment number: 2 of 4 Semester/Year: Semester 2, 2024
Due date: 29th August 2024 Duration of assessment: Assessment task results: This assessment task will be marked as:
Ungraded result: Satisfactory or Not Satisfactory
Other (eg points):
Section C Instructions to Learners
Task instructions:
This task requires you to:
Answer TEN (10) questions about how laws are made in Australia. These questions consist of short answer and true/false statements.
Prior to assessment you are expected to:
Participate in at least 80% of class and Brightspace learning activities
Attend at least 80% of classes
Instructions for the task:
Write your name and learner ID on page 1 and Section E on page 2.
Answer all questions in the task.
Read the questions carefully to ensure your answers meet the requirements.
Complete the task in your own time, but you may have opportunities to work on it in class.
Use your own words in your answers, but it's okay to select/names/indicate answers for some questions.
You can submit your answers digitally in a Word Doc or by scanning a printed version as a PDF.
All answers must be appropriately referenced and cited according to APA 7 referencing style. Failure to reference appropriately and consistently will result in a Not Yet Satisfactory grade for this assessment.
Your grammar, spelling and syntactical structure must be indicative of Diploma level ability and demonstrate the ability to create complex texts in line with sector expectations.
Resources allowed to students
This is an open-book assessment. You may use any notes, resources, textbooks, or online research to answer the questions if they are appropriately cited and referenced.
the direct use of Artificial Intelligence (AI) in the submission of this assessment will be deemed academic misconduct
Purpose of this assessment
For you to demonstrate the knowledge required for this subject.
Section D Conditions for assessment
Completing your assignment:
Use Microsoft Word or a similar program to type your answers in the answer boxes for each question
If you choose to hand-write your answers, follow these rules:
Arrange printing of the task yourself
Use blue or black pen and write legibly
Scan your pages in sequential order into a PDF and upload it to Brightspace
Contact your assessor if you need special arrangements (see Special consideration below)
Any assignments submitted up to 5 days late will deemed a first resubmission. Assignments submitted between 5 and 10 days late will be considered a second resubmission. Assignments submitted more than 10 days late will not be marked and you will have to repeat this unit.
If you are resulted Not Yet Satisfactory and are required to submit a resubmission, you will have 5 business days to complete and submit the resubmission.
Submitting your assignment:
Submit your assessment task on Brightspace in the Assessment submission area
Submit in .doc or .pdf format, not in a Zip folder
Don't submit via paper hardcopy or email (excepting Special consideration arrangements)
You don't need an assignment cover sheet for Brightspace submissions
Keep a copy of your assignment until at least the end of the course.
How your assignment is marked
You will receive a grade of either "Satisfactory" (S) or "Not Yet Satisfactory" (NS).
The assessor will use Brightspace to mark your task and provide feedback.
All of your answers must be correct to receive an "S" grade.
If one or more answers are incorrect, you will receive an "NS" grade and will need to provide a resubmission.
The assessor's feedback is meant to be positive and will include details on how to improve for a resubmission if necessary.
Resubmission:
Check your assessment feedback on Brightspace.
Make a copy of your original completed submission for a resubmission.
Update the required questions and upload the new version to Brightspace, unless otherwise arranged.
If you are submitting a scanned PDF, include page 1 of the task (completed) and only scan the pages with updated answers.
You are allowed 2 resubmissions
Seek LSC support when resubmitting if needed.
If your 2nd resubmission is not satisfactory, discuss your circumstances and options with the education manager and/or assessor.
Special Consideration
If you have special circumstances, talk to the assessor or Education Manager to discuss options such as due date extensions, paper/email submissions, or accommodations for disabilities/medical conditions.
Full details of your rights and obligations as students, we well as your right to appeal, is available at https://holmesglen.edu.au/Students/Student-Resources/Student-Rights-and-Obligations/Equipment/resources learners must supply: Equipment/resources to be provided by the RTO:
You need access to computing equipment and software to complete task in Doc format outside of class
If you wish to hand-write: arrange printing, use black or blue pen, scan into PDF, and upload to Brightspace
For on-campus classes, bring own laptop/tablet (if possible) or notebook and pen All learning materials available on Brightspace, including assessment tasks and digital learning materials.
Classroom space appropriate for learning purposes.
Computer labs are provided when available and appropriate.
Section E Marking Guide Learner Answer Sheet
Assessment number: 2 of 4 Assessment title: Making law: Statute and common law in Australia
Learner ID:
ID.
Learner name: Unit code: VU23166
VU23167 Unit title:
Apply foundation legalprinciples
Prepare to work in the criminal justice system cluster
Questions: Provide your responses in the boxes below each question.
Question 1: Research the legal system the operated in Victoria prior to federation and explain in your own words how the law evolved from the 1836 to 1901. Make sure you provide references (websites are fine, but they must be reputable sources) and that your answer includes the following points:
The date that Victoria became a separate colony (and what was it before then?)
A short summary of Victorias first Constitution including
when it was drafted
who gave Assent to the Constitution and when
What its correct name is, and
when it came into effect.
Who was Governor of Victoria when the Constitution came into effect?
Under the original Constitution, who could vote?
When was the Victorian Supreme Court established and who was the first Chief Justice?
Find the Acts passed by the Victorian Parliament in 1861. Choose three (3) of these Acts: What subjects did they cover?
What were some of the reasons the colonies began to push for federation?
In 1898 and 1899, eligible Victorians voted on whether Australian colonies should become a federation. What were the numbers (Yes/No) for Victorians in those referendums?
What date did the Commonwealth Constitution come into operation?
(VU23166 PC 1.1, KE 1)
Suggested websites:
Parliament of Victoria HistoryParliamentary Education OfficeParliament of Victoria: ConstitutionVictorian Public Sector CommissionSupreme Court of Victoria HistoryMuseum of DemocracyNational Museum of AustraliaGovernors of VictoriaVictoria Historical Acts (Austlii)Australian Electoral CommissionSatisfactory response
Yes No Question 2: Using the Parliament of Victoria website, draw a flowchart showing how legislation is made in Victoria. https://new.parliament.vic.gov.au/about/how-parliament-works/how-a-law-is-made/
(VU23166 PC 1.2, K2, K4) Satisfactory response
Yes No Answer
Question 3: Find an Act that has been passed by the Victorian Parliament in the last year and write a short summary covering the following points:
The full name and number of the Act
What is its purpose?
The name and position (office) of the Member who introduced the Bill to the Legislative Assembly, and the date it was first introduced
The date of the second reading speech in the Legislative Assembly
The name and position (office) of the Member who introduced the Bill to the Legislative Council, and the date it was first introduced
Whether any amendments were proposed (and if so, by whom)
The date the Bill was passed by the Legislative Council
The date the Bill received Royal Assent
The date the Act commenced or will commence operation
A link to the Bill details on www.legislation.vic.gov.au
(VU23166 PC 1.2, K2, K4) Satisfactory response
Yes No Answer
Question 4: Go to www.legislation.vic.gov.au and find the Mental Health Tribunal Rules 2023. Answer the following questions, quoting relevant sections:
What is the object of these Rules?
What is the number of the Rules?
Which legislation authorises the making of these rules?
Which section of the Act gives power to make rules?
Who is given that power? If more than one person, identify all of them
(VU23166 PC 1.2, K2, K4) Satisfactory response
Yes No Answer
Question 5: For each of these laws, identify the Act that makes this rule, as well as the paragraph in section 51 of the Commonwealth Constitution that gives Commonwealth Parliament the power to make that law.
The only ground for divorce is that the marriage has broken down irretrievably.
The Act and the section that establishes this rule Which paragraph in section 51? The denominations of money in the currency of Australia are the dollar and the cent.
The Act that establishes this rule Which paragraph in section 51? An Australian citizen who enters Australian must, without unreasonable delay present their Australian passport or prescribed other evidence of their identity and Australian citizenship
The Act that establishes this rule Which paragraph in section 51? (VU23166 PC 1.2, K4) Satisfactory response
Yes No Question 6: Both Victoria and the Commonwealth have legislation that deals with discrimination.
If the Victorian statute had a provision in the Equal Opportunity Act 2010 that was inconsistent with a provision in the Sex Discrimination Act 1984 (Cth), what does section 109 of the Australian Constitution say will be the result? Highlight the correct answer.
The Equal Opportunity Act is invalid
The Sex Discrimination Act is invalid
The provision in the Sex Discrimination Act will prevail, but only to the extent of the inconsistency
The provision in the Equal Opportunity Act will prevail, but only to the extent of the inconsistency
Both provisions are valid and a person can choose which one to use.
(VU23166 PC 1.3, K2, K4) Satisfactory response
Yes No Question 7: The Commonwealth government decides that it wants to introduce a new law that changes the definition of the term murder to apply in all States of Australia. Can it do this? Why or why not?
(VU23166 PC 1.3, K4) Satisfactory response
Yes No Answer
Question 8: Common law is law made by courts.
Australian law originally came from the United Kingdom so Australian courts have to follow decisions made by English courts
Lower courts have to follow precedents set by higher courts
A court must always follow a precedent that it has previously made
If a court does not like legislation that Parliament has made, it can use common law to override that legislation
(VU23166 PC 1.3, K4) True/False
True/False
True/False
True/False
True/False
Satisfactory response
Yes No Question 9: Analyse the following case in approx. 500 words
Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR
Which court heard the case?
Which judges decided the case?
What specific area of law did the case deal with?
Briefly, what was the background to the case?
In your own words, what arguments did each of the parties put to the court?
What precedent did the case set?
Was the case decided unanimously or by a majority? If by majority, which judges dissented?
Find a case in which this decision has been referred to. Give the full citation for the other case.
(VU23166 PC 1.2, K1, 2) Satisfactory response
Yes No Answer
Question 10: Research one of the following current issues within the criminal justice environment and prepare a short report (500 words).
Option 1: Bail laws
Option 2: The age of criminal responsibility
Option 3: Public drunkenness laws
Option 4: Mandatory sentencing
Option 5: Modern slavery
Summarise the issue (what is it about?) and address the following points:
What is the history of this issue? Is it a long-running issue, or has it recently been raised?
Who are the major stakeholders and players in this issue?
Is the issue mainly concerned with investigation, adjudication, sentencing, imprisonment or a mix of those?
Which courts/investigative agencies/prisons are involved?
What are the changes proposed/implemented?
Has legislation been drafted/passed? When does/did it come into effect?
Can you find any recent cases about this issue? What were they? Did the courts say anything about the issue?
Is/was there opposition to or debate about the issue? G
Is it local, state-wide, Australia-wide or international?
What proposals or initiatives are in place/proposed?
Has there been recent press coverage of the issue?
Ensure you reference any sources you use.
Satisfactory response
Yes No Answer
Section F Feedback to Learners
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Additional Assessor comments (as appropriate):
Resubmission allowed: Yes No Resubmission due date:
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Assessor name: Wayne BogaarsAssessor signature: Date:
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