Law, Innovation & Technologies - Assessment

“Imagine a world where government rules are easy to find, understand and follow”

The Digital Transformation Agency (DTA) and Department of Human Services (DHS) have started a whole-of-government conversation about digital legislation, policy and rules. Their research confirms that people are often unsure about their entitlements and obligations when interacting with government. This can result in people applying for the wrong payments, missing a payment or not meeting their compliance requirements.

Digital legislation, policy and rules involves making legislation, policy and rules available so they can be consumed or interpreted by a machine. To borrow the NZ Government’s Better Rules for Government explanation, machine consumable means:

“Having particular types of rules available in a code or code-like form that software can understand and interact with such as a calculation, the eligibility criteria for a benefit or automated financial reporting obligations for compliance.”

A useful tool (and a common precursor) to implementing legislation as software is to draw the relationsships in the legislation as a flow chart or infographic. As example, when considering whether an applicant for an export permission is fit and proper under section 13 of the Export Control Bill

(https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1121 (Links to an external site.)) the applicant’s ‘associates’ must be considered, as follows:

Which could be rendered in flow chart form as:

Alternately, you could show the relationships in an infographic as:

In preparation for the Workshop:

1) Review the two examples above and decide which you consider more effective and why.
2) Pick one of the three following 'rules'. Think about how you would reproduce them in a flowchart (or infographic form) and prepare some rough sketches. In the Workshop, you will be working collaboratively with other students to refine your ideas (though not to a finished stage).

'Rule' 1

31 Nature of copyright in original works

(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right:

(a) in the case of a literary, dramatic or musical work, to do all or any of the following acts:

(i) to reproduce the work in a material form;
(ii) to publish the work;
(iii) to perform the work in public;
(iv) to communicate the work to the public;
(vi) to make an adaptation of the work;
(vii) to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in subparagraphs (i) to (iv), inclusive; and

(b) in the case of an artistic work, to do all or any of the following acts:

(i) to reproduce the work in a material form;
(ii) to publish the work;
(iii) to communicate the work to the public; and

(c) in the case of a literary work (other than a computer program) or a musical or dramatic work, to enter into a commercial rental arrangement in respect of the work reproduced in a sound recording; and

(d) in the case of a computer program, to enter into a commercial rental arrangement in respect of the program.

'Rule' 2 Out LBW

1. The striker is out LBW if all the circumstances set out in 1 to 5 apply.

1. The bowler delivers a ball, not being a No ball
2. the ball, if it is not intercepted full-pitch, pitches in line between wicket and wicket or on the off side of the striker’s wicket
3. the ball not having previously touched his/her bat, the striker intercepts the ball, either full-pitch or after pitching, with any part of his/her person
4. the point of impact, even if above the level of the bails, either is between wicket and wicket, or if the striker has made no genuine attempt to play the ball with the bat, is between wicket and wicket or outside the line of the off stump.
5. but for the interception, the ball would have hit the wicket.

2. Interception of the ball

1. In assessing points in 36.1.3, 36.1.4 and 36.1.5, only the first interception is to be considered.
2. In assessing point 36.1.3, if the ball makes contact with the striker’s person and bat simultaneously, this shall be considered as the ball having first touched the bat.
3. In assessing point 36.1.5, it is to be assumed that the path of the ball before interception would have continued after interception, irrespective of whether the ball might have pitched subsequently or not.

'Rule' 3 - Qualifications and Disqualifications to become (or remain) as member of the Federal House of Representatives, as detailed in the Constiution and Electoral Act.

Constitutional provisions

A person is incapable of being chosen or of sitting as a Member of the House of Representatives if the person:

• is a subject or citizen of a foreign power or is under an acknowledgment of allegiance, obedience or adherence to a foreign power;
• is attainted (convicted) of treason;
• has been convicted and is under sentence or subject to be sentenced for an offence punishable by imprisonment for one year or longer under a State or Commonwealth law;
• is an undischarged bankrupt or insolvent;
• holds any office of profit under the Crown or any pension payable during the pleasure of the Crown out of any Commonwealth revenues, but this does not apply to:
  • Commonwealth Ministers
  • State Ministers
  • officers or members of the Queen’s Armed Forces in receipt of pay, half-pay or pension
  • officers or members of the Armed Forces of the Commonwealth in receipt of pay but whose services are not wholly employed by the Commonwealth); or
  • has any direct or indirect pecuniary interest in any agreement with the Commonwealth Public Service in any way other than as a member in common with other members of an incorporated company consisting of more than 25 persons.

Electoral Act provisions

In order to be eligible to become a Member of the House of Representatives a person must:

• have reached the age of 18 years;
• be an Australian citizen; and
• be an elector, or qualified to become an elector, who is entitled to vote in a House of Representatives election.

A person is incapable of being chosen or of sitting as a Member if he or she has been convicted of bribery, undue influence or interference with political liberty, or has been found by the Court of Disputed Returns to have committed or attempted to commit bribery or undue influence when a candidate, disqualification being for two years from the date of the conviction or finding.

A person is disqualified by virtue of not being eligible as an elector, in accordance with section 163 of the Commonwealth Electoral Act, if the person is of unsound mind.

No person who nominates as a Member of the House of Representatives can be at the hour of nomination a member of a State Parliament, the Northern Territory Legislative Assembly or the Australian Capital Territory Legislative Assembly. We will supply some butcher's paper and post it notes for students to work with in the workshop.

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