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QUESTION 2 (5 marks) What type of right is the right to trial by jury? Explain two ways in which s 80 of the Australian Constitution limits the right to trial by jury. The Australian Constitution: Section 80 — Trial by jury The trial on indictment of any offence against any law of the Commonwealth shall be by jury and every such trial shall be held in the State where the offence was committed and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.
QUESTION 3 (5 marks) Explain how the Constitution strengthens and weakens the federal government`s power to legislate in response to human rights issues. Refer to two sections of the Constitution to support your answer.
QUESTION 4 (4 marks) Describe the purpose of royal commissions and explain their effectiveness in protecting human rights in Australia. Use an example from a relevant Australian royal commission to support your answer.
QUESTION 5 (18 marks) Referring to Stimulus 1-7 in the stimulus book examine two different viewpoints to analyse the effectiveness of the Disability Discrimination Act 1992 (Cth) in protecting the rights of people with disabilities who use assistance animals. Evaluate both viewpoints to decide the extent to which this legislation protects their human rights.
QUESTION 2 (5 marks) Identify an Australian special interest human rights advocacy group and explain two ways the group works to protect or advocate for human rights.
QUESTION 4 (6 marks) Explain two strengths and two weaknesses of the Australian Human Rights Commission in protecting human rights in Australia.
QUESTION 5 (27 marks) Using Stimulus 1-9 in the stimulus book examine two different viewpoints to analyse the validity of the limits that Australian and Queensland laws place on prisoners` right to vote. Present two different legal alternatives from your analysis. Justify a decision about the legitimacy of the limits.
QUESTION 3 (6 marks) One of the aims of the Queensland Council for Civil Liberties is to ‘Provide when necessary neutral observers at marches and demonstrations`. What are ‘neutral observers` and what is their role in this context? Explain two ways this strategy supports the protection of human rights in Australia.
QUESTION 5 (27 marks) Using Stimulus 1-9 in the stimulus book examine two different viewpoints to analyse the legal issue of freedom of speech in Australia. Present two legal alternatives from your analysis and justify a decision about the extent to which freedom of expression is protected under Australian law.
Difficulty: A
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Paper 1
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2022
Stimulus 2: Excerpt from Australian Law Reform Commission Report 129 — Traditional Rights and Freedoms — Encroachments by Commonwealth Laws, 2016 http://www.alrc.gov.au/wp-content/uploads/2019/08/fr_129ch_4._freedom_of_speech.pdf
Stimulus 4: Excerpt from French CJ in Monis v The Queen (2013) 249 CLR 92, [60] http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2013/4.html?context=1;query=monis%20v%%2020the%20queen;mask_path=
QUESTION 2 (2 marks) Explain how the express right contained in s 116 of the Australian Constitution provides equality under the law.
QUESTION 5 (4 marks) Describe the process used by the Australian Law Reform Commission to protect human rights in Australia.
QUESTION 6 (24 marks) Stimulus 1-6 relate to human rights and copyright in Australia. Using the stimulus analyse two legal problems associated with copyright. Evaluate the need for copyright law reform using legal criteria.
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