Using Examples and Evidence Enhance your PAL writing

Using Examples and Evidence Enhance your PAL writing in the exam

Writing in paragraphs TEXT • T – Topic sentence • E – Explanation • X – e. Xamples and evidence • T – Tie back PEEAL • P – Point • E – Explanation • E – e. Xamples and evidence • A – Analysis • L – Link back

Examples and evidence • You MUST have a range of examples to illustrate your explanation / evaluation / analysis • The WACE essay marking key prioritises examples and evidence Discussion of relevant issues including pertinent examples Discusses relevant issues comprehensively using a well-structured format and supportive examples in a cohesive, logical sequence and relevant political and legal terminology Evaluation / assessment / analysis Evaluates/assesses/analyses the claim using specific evidence which demonstrates a comprehensive understanding of the topic 9 -10 7

Example Banking Syllabus Points Examples functions of the Commonwealth Parliament in theory and in practice, the decline of parliament thesis Medevac Bill roles and powers of the Governor-General Election 2019. Office of the GG budget roles and powers of the Prime Minister, Election 2019 lawmaking process in parliament and the courts, with reference to the influence of individuals Timber Creek Case Brown v Tasmania Roles and powers of the High Court Timber Creek Case Constitutional change Timber Creek Case A group’s experience of political and legal rights Timber Creek Case Accountability of the parliament Federal Election 2019 Auditor General Office of the Governor-General budget overruns How Australia protects rights Timber Creek Case. Brown v Tasmania

Guide to “example banking” • Read to succeed! • Read news sites, handouts, books, news updates • Ask your teacher for examples – press them on this • Choose examples that can be used across several syllabus points • This reduces the burden on memory • Understand your examples • You can “see the system in action” • Map your examples to the syllabus • Explore where your examples can be used – be creative and think outside the box. Diagrams are great!

Timber Creek Case (Griffith v the Northern Territory 2017) High Court appellate jurisdiction. Case heard “in the first instance” in the Federal Court. Appealed to High Court. Special leave to appeal granted. New common law via statutory interpretation – i. e “spiritual harm” now included within NTA meaning of “compensation”. Parliament responds to court actions with statute e. g. NTA was a response to Mabo and Wik. Timber Creek Case is a statutory interpretation case re: the NTA’s meaning of “compensation” for loss of native title. Roles & powers of the High Court Individuals influence law making through the courts Roles and powers of parliament A group’s experience of legal rights Ngaliwurru and Nungali native title holders represented by Lorraine Jones and Chris Griffiths (who continued the case begaun by their late fathers) influenced new law made through the courts. Ngaliwurru and Nungali native title holders access court, fair hearing, legal representation, legal equality, just outcome.

“Medevac” Bill 2019 Dr Kerryn Phelps – independent MHR for Wentworth (NSW) introduced the Medevac Bill in 2018. It influenced law making by causing amendments to another bill in the Senate to include medical evacuation of refugees from Nauru. The bill introduced by Phelps in the House was the Migration Amendment (Urgent Medical Transfers) Bill 2018 Refugees and asylum seeker have no formal political rights but protest (using speech and assembly) to communicate their plight. MHRs have responded in parliament. Legal rights have been enhanced because of access to lawful evacuation on medical grounds Individuals influence law making through the parliament Roles & powers of the parliament A group’s experience of political & legal rights Decline of parliament thesis Representative = Phelps won Wentworth from the Liberals in a by-election. Wentworth voters wanted change to refugee rights. Legislative = the parliament passed a bill. Responsibility = the bill was opposed by the Morrison minority government. Parliament can hold government accountable by laws. The bill amended by the Senate and forced through the House was the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2019 A rare example of the Ho. R exerting its power over the executive. When government is in minority, the Ho. R is able to impose its will on government. The law was made through amendments to a bill in the Senate. The bill had already passed the House and so had to return to the House where the amendments were approved against the wishes of the government.

• • • as possible Power to manipulate election timing – for political purposes Power to dissolve parliament (s 28) – formal power Issue writs for election – formal power Accountability Power to call an election – late Roles & powers 2019 Federal Election Prime Governor. Minister General Parliament Through elections House of Reps – Labor lost seats, Tony Abbott lost seat, reduction in number of independents Half the Senate – reduction in size of crossbench Morrison came to power via a party room “coup” months before the expiry of 45 th parliament (s 28). Labor looked to be in an election winning position. Morrison needed maximum time to establish himself, get known to the people, repair political damage caused by Turnbull’s sacking and build an election campaign strategy. He used his power as PM to delay the election so he could achieve these political purposes. This use of this power arguably won the election. The GG has no role other than to follow the advice of the PM. The GG’s s 28 power is a formal power (used on advice only). It can be a reserve power if a government cannot be formed. The 45 th parliament was wracked by s 44 citizenship crises. It had passed laws against the wishes of government (Medevac). It had not passed laws arguably mandated by the previous election (tax cuts). The electors in many seats responded by strengthening the Coalition’s hold over the 46 th parliament. They had passed judgement on the previous three years and held parliament to account by removing parties and MPs who they judged responsible. Tony Abbott lost his seat to independent Zali Steggall due to his views not representing the views of Warringah electors.

Office of Governor. General overruns budget Roles & powers of the GG Senate Estimates hearings inquire into how government spends public money. The Finance Minister was questioned about the Office of the GG budget overruns. The GG’s constitutional, ceremonial and community roles have to be funded by the federal budget approved by parliament each year. The GG has a salary, staff, travel, accommodation and other expenses. 8 Years of GG Budget Overruns Acct of Exec via Senate Estimates Acct of Exec via Auditor. General The Auditor-General examines spending and compliance by all government agencies – including the GG’s office. Reports by the AG to the Public Accounts Committee of Parliament allow parliament to hold the public service (i. e. all government agencies) to account.

Brown v Tasmania 2017 Roles and Powers of the High Court Informal constitutional change when the High Court interprets the Constitution, changing the meaning of its words Constitutional change Brown v Tasmania 2017 Influence of individuals in law making in the courts Original jurisdiction (s 76) to interpret constitution How Australia upholds human rights High Court discovery of implied constitutional rights Bob Brown case invalidated state laws banning protestors from workplaces where the protest has a political purpose and where the law is not consistent with representative democracy