TASC Legal Studies Level 3 cheat sheet

Australia is a constitutional monarchy and a federation; the Commonwealth Constitution establishes the federal Parliament and distributes legislative power between the Commonwealth and the states.

The rule of law requires that law apply equally to individuals and government, that official power have legal authority, and that independent courts resolve disputes.

The separation of powers divides legislative, executive and judicial functions; in Australia the executive is drawn from the legislature, so the separation is not absolute.

Legislation is the primary source of law; a valid statute prevails over common law and earlier legislation, while common law is judge-made law based on precedent.

Equity is a supplementary body of principles and remedies, including injunction and specific performance, developed to mitigate the rigidity of common law.

The doctrine of precedent requires lower courts in a hierarchy to follow the ratio decidendi of higher courts; obiter dicta is persuasive but not binding.

In criminal cases the prosecution bears the burden of proving guilt beyond reasonable doubt; in civil cases the plaintiff usually bears the burden on the balance of probabilities.

The adversarial system leaves the parties to define the dispute and present evidence, with an impartial judge or jury deciding; the judge rules on law and the jury on facts.

Parliamentary sovereignty means a valid Act within constitutional power overrides common law and earlier statutes; courts may invalidate only legislation that exceeds constitutional authority.

A bill normally passes through introduction, second reading, committee stage, third reading, passage by both houses, royal assent and commencement.

The Commonwealth Parliament is bicameral: the House of Representatives determines government and the Senate represents states and territories; Queensland has a unicameral state Parliament.

Delegated legislation is made by the executive under an enabling Act; it must remain within statutory authority and is subject to parliamentary disallowance.

Exclusive powers belong only to the Commonwealth, such as defence and currency; concurrent powers are shared, such as taxation; residual powers remain with the states, such as education.

Section 109 of the Constitution provides that an inconsistent state law is invalid to the extent of the inconsistency with a Commonwealth law.

A constitutional referendum requires a double majority: a national majority of voters and a majority in at least four of the six states.

Statutory interpretation starts with the text, reads it in context and promotes the purpose of the Act; extrinsic materials may be considered where the Act permits.

Courts exercise original jurisdiction at first instance and appellate jurisdiction on appeal; the High Court has original jurisdiction in constitutional matters and appellate jurisdiction from state Supreme Courts.

In Tasmania, the Magistrates Court hears summary matters and committal proceedings, while the Supreme Court hears serious indictable matters and appeals.

A committal proceeding tests whether there is sufficient evidence for an accused to stand trial on an indictable offence; the magistrate does not determine guilt.

Bail legislation creates presumptions for or against bail and requires consideration of risks such as flight, reoffending and interference with witnesses; conditions may be imposed.

A criminal jury usually has twelve jurors and decides whether the prosecution has proved the charge beyond reasonable doubt; the judge determines the law and sentence.

Judicial review examines whether an executive decision was lawful, procedurally fair and within power; remedies include certiorari, mandamus and prohibition.

Alternative dispute resolution includes negotiation, mediation, conciliation and arbitration; mediation is generally facilitative, while arbitration produces a binding award.

Sentencing considers the maximum penalty, objective seriousness, aggravating and mitigating factors, proportionality, parity and purposes such as deterrence, rehabilitation and community protection.

Express constitutional rights include trial by jury for Commonwealth indictable offences (section 80), freedom of religion (section 116), and acquisition of property on just terms (section 51(xxxi)).

The implied freedom of political communication limits laws that burden communication about government and political matters unless the law serves a legitimate purpose and is proportionate.

Victoria, the ACT and Queensland have human rights statutes; courts interpret legislation consistently with protected rights where possible and may issue declarations of incompatibility.

Common law protects rights such as a fair trial and the presumption of innocence, but Parliament can override common law rights by clear statutory language.

Native title recognises Indigenous rights and interests under traditional laws and customs; it may be extinguished by valid acts such as freehold grants inconsistent with native title.

Anti-discrimination laws prohibit adverse treatment based on protected attributes in areas such as employment, education and accommodation, subject to statutory exceptions.

The Australian Consumer Law provides consumer guarantees, including acceptable quality and fitness for purpose, and remedies for failure to comply.

The Privacy Act 1988 (Cth) and Australian Privacy Principles regulate personal information handling by many organisations and agencies; Australia has no general constitutional right to privacy.