Law exam

• Public Laws: 
• - Relationship between the
• government and the governed.
• - Comprised of constitutional,
• administrative, international and criminal laws.

• Private Laws:
• - Relationship between private
• individuals.
• - Involves “one on one” disputes.

• The principle that every person
• and organisation, including the government is subject to the same laws.

• Sets out the institutional
• arrangements by which nations or associations or other groups are
• governed. 

Creates:

-The federal system; and

-Separating the functions of government into the:

     -Judiciary;

     -Executive; and

     -Parliament.

• Public health: law is the body of law
• that provides for good public health powers, responses and programs, and
• that applies the legal processes to securing public health outcomes.

Environmental: 

World Health Organisation.. 

• Addresses all the physical,
• chemical, and biological factors external to a person, and all the related
• factors impacting behaviors.

• Investigate and manage public
• health incidents in the built and natural environments

• Enforce laws and regulations
•  
• Conduct and monitor risk
• assessments

• A body of rules that define:
•  
• the rights and obligations of
• an individual or organisation (eg: corporation); and

• the consequences if those
• rights are violated or obligations are not upheld or violated.

• They set out the institutional
• arrangements by which nations, or associations or other groups or bodies are
• governed. 

They contain rules about Parliament, and the Courts are to operate, who has the power to make decisions and how the Constitution itself can be changed.

A federal system is a system of government in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. 

• In a federal system,
• citizens are subject to two sets of laws and governed on two levels:

Commonwealth; and State/Territory.

Described as having “specific legislative power” which is limited to the matters enumerated in the Constitution.

• Most of the Commonwealth
• legislative powers are shared with the States

• The general power to legislate for the peace,
• welfare and good government of their respective areas.  This power is a “general or residual legislative power”.

• Most of the Commonwealth
• legislative powers are shared with the States

• The Parliament shall, subject to this
• Constitution, have power to make laws for the peace, order, and good government
• for the Commonwealth with respect to:

• postal,
• telegraphic, telephonic and other like services

quarantine

• Fisheries
• in Australian waters beyond territorial limits

Legislative - make and change the law

Judiciary - Make judgements on the law

Executive - Put law into action

• Draft Bill
• House of Representatives
• Senate
• Governor-General
• Act of Parliament

Draft Bill -> House of Representatives (Bill presented, first reading, second reading, consideration in detail) -> Senate (Similar process of house of representatives) -> Governor-General (Assent) -> Act of Parliament

Plain meaning of the rule found in the intrinsic material

The purposive approach and the integrated Approach

• Explanatory memorandum
• law reform commission report
• Letter from a minister
• Statement of Prime minister
• Relevant quote from overseas judgment

Any information found within the act

• Materials that are not within the act but are
• relevant, such as the explanatory memorandum statement by prime minister etc.

Common law & Statute

The official power to make legal decisions and judgements.

The original court.  

The original jurisdiction of a court is the power to hear a case for the first time.