Using Examples and Evidence

1. Using Examples and Evidence Enhance your PAL writing in the exam

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

3. 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

4. Example Banking

5. 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!

6. Timber Creek Case (Griffith v the Northern Territory 2017) • 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. • 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”. • 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 • 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. • Ngaliwurru and Nungali native title holders access court, fair hearing, legal representation, legal equality, just outcome.

7. “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. • 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. • Individuals influence law making through the parliament • Roles & powers of the parliament The bill introduced by Phelps in the House was the Migration Amendment (Urgent Medical Transfers) Bill 2018 The bill amended by the Senate and forced through the House was the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2019 • A group’s experience of political & legal rights • Decline of parliament thesis • A rare example of the HoR exerting its power over the executive. When government is in minority, the HoR 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. • 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

8. 2019 Federal Election • Morrison came to power via a party room “coup” months before the expiry of 45th parliament (s28). 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 s28 power is a formal power (used on advice only). It can be a reserve power if a government cannot be formed. • The 45th parliament was wracked by s44 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 46th 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 ZaliSteggall due to his views not representing the views of Warringah electors.

9. Office of Governor-General overruns budget 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. Senate Estimates hearings inquire into how government spends public money. The Finance Minister was questioned about the Office of the GG budget overruns. 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.

10. Brown v Tasmania 2017 Original jurisdiction (s76) to interpret constitution Informal constitutional change when the High Court interprets the Constitution, changing the meaning of its words 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