Law, Government & Justice
Law Reform Report: Counter-terrorism
Trimester 2, 2019
Background and instructions: THE KEY IS TO BE ABLE TO IDENTIFY THE CORRECT BILL BY IT’S DESCRIPTION BELOW BECAUSE IF YOU IDENTIFY THE WRONG BILL YOU HAVE AUTOMATICALLY FAILED THE REPORT. THE BILL IS NOT GIVEN TO YOU BECAUSE FINDING IT IS PART OF THE ASSESSMENT.
Early this year, the Morrison government introduced a Bill into the federal Parliament following the June 2017’s incident in Brighton, Victoria. The bill was subsequently introduced in a context of improving community safety, and was subsequently referred to the Parliamentary Joint Committee on Intelligence and Security for review.
This bill is a controversial topic, as it leads to a debate between supporting liberalism (the rights of an individual) versus democracy (that of the community).
The questions below direct you to understand the above mentioned bill, some of the process of enacting laws in Parliament, and the impact of legislations on individual rights. You should rely on the core knowledge of law and government provided in this course, as well as your own research. In addition to the course materials, you can rely on media articles, submissions to the PJCIS and the PJCIS report, academic sources, and any other relevant materials. As a rule of thumb, you should aim for around 8-10 sources, but you can do as much needed to support your responses.
When referencing your sources, you should follow the standard APA format (6th ed), and include a reference list. You must provide references in support of ALL your answers.
The word limit for the report is 1800 – 2000 words. The reference list will not be included in the word limit. You should copy out each of the questions below into a new word document and address each separately. The marks available for each question are specified next to each – please check these carefully to judge how many words to allocate to each question. The questions total 40 marks (40% of the course).
Questions
- What was the name of the Bill?
(1 mark)
- What existing legislation, and what specific sections of the legislation does the bill intend to amend? In your own words, what are the sections about?
(4 marks)
- When was the Bill first introduced? What is the next step in the approval of the bill?
(3 marks)
- What is the normal flow of the legislative process, namely what is the normal process of a passing of a bill?
(3 marks)
- Which Minister was responsible for introducing the Bill in the House of Representatives (name and ministerial portfolio)? What is his/her current position in government?
(3 marks)
- What reasons did the government give for introducing the Bill?
(5 marks)
- When was it referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS)?
(1 mark)
- Who wrote submissions to the PJCIS inquiry?
(1.5 marks)
- Were there any issues brought up by the Law Council of Australia? If none, based on what rhetoric? If yes, what were these issues?
(3 marks)
- What were the recommendation/s made by the Law Council of Australia?
(5 marks)
- Does the Law Council of Australia support the bill?
(1 mark)
- Summarise the concerns raised by Dr Rebecca Ananian-Welsh (Senior Lecturer in Law, University of QLD), Dr Tamara Tulich (Senior Lecturer in Law, University of WA), Dr Nicola McGarrity (Senior Lecturer in Law, University of NSW), Professor George Williams AO (Dean, Faculty of Law, University of NSW)
(5 marks)
- Do you think the federal government struck the right balance between the need to protect the community and the need to protect individual rights?
(4.5 marks)
TOTAL = 40 MARKS (40%)
MARKING
CRITERIA
Excellent (7) (34 –40): Your law reform report was logical, thoughtful, well referenced, well researched and a pleasure to read –well done!!
Very Good (6) (30-33): This was a very good law reform report. It was well written and your answers to the questions displayed an excellent grasp of the concepts discussed in this course. Additionally, the report was well-referenced, with evidence of sound research and it made excellent use of sources, which was constructively integrated, to support your analysis of law reform process. Well done!
Very Good Attempt (5) (26-29): Overall, this was a very good attempt. You answered all of the questions, it was well written, and you displayed an understanding of the concepts presented in this course. Your paper was properly referenced and researched. However, some issues have been identified on the paper to assist you with future written assessment items.
Good (4) (21-25): Overall, you provided some good, logical answers to the questions. Your referencing may need more work. Be careful of making generalisations, which require additional support, research and/or references. Some issues have been identified throughout the paper that will assist you with future written assessment items. Good Effort: While you have put some effort into your assessment item, you have not entirely met the requirements for the law reform report. Your answers can be better supported with references to demonstrate your understanding of the key concepts. •Good with room for Improvement: Many students struggle with getting started on writing their report, especially if they have not undertaken formal study for many years. If you are keen to improve this skill next time you have a written assessment piece, remember that there are a number of learning services available through the library which can be very helpful
