Free Essay

Legal Outcome

In:

Submitted By mannykara
Words 911
Pages 4
One High Court case that interp reted the Constitution in a way that impacted the law-making powers of the State and Commonwealth Part A 1. The article, feather’s fly over wind farm ban, is based on 52 wind turbines in the Gippsland area being banned due to the chance they may have an affect on a rare parrot species survival hopes. 2. This case is a sate area of law making it a residual power, as it lies in section 107 which says, any power not mentioned in the Constitution is automatically considered to be law-making areas of the state which relates to this issue. 3. The commonwealth may be able to stop the construction of the wind turbines as they have signed a treaty under the environment protection and biodiversity conservation act, which enables them to do so.

4. Senator Campbell stated he had decided to use the environment protection and biodiversity conservation act to block the wind farm because of the small possibility that it could cause up to one bird death per year and at this stage everything should be done to protect every bird.

5. Personally I think state parliament would win if this were taken to state parliament due to the simple fact that it is a residual area of law in which the commonwealth has no power over. But I do believe all precautions should be taken and that a ban should be placed.

6. In any case of conflict regarding state and commonwealth parliament on the basis of cyber bullying, stalking, and online gambling being things not mentioned in the constitution, the commonwealth parliament will always override the state law regarding this area.
Part B 1. The commonwealth cannot simply take this area of law making from the state as they have been stated in the constitution as powers of the state. 2. Tie grants or a referral of power must take place in the case that commonwealth parliament are able influence residual powers. 3. A: A referendum is a nation wide yes/no vote asking the people if they want to change the words of the constitution.
B: In order for it to be successful a double majority must occur which would be that 4 out of 6 states have the majority voting for the change due to this strict formula for change only 8 out of 44 referendums have been successful having a 18% success rate. Exam 2007- QUESTION 8
One High Court case that involved interpreting the Constitution in a way that impacted the law-making powers of the State and Commonwealth Parliaments is the Tasmanian Dam case. This case resulted in the Commonwealth now having the authority, through its external affair power to, to create broad-ranging legislation that has made invalid many pieces of state legislation that were inconsistent

Exam 2008- question 11
Changing the division of law-making powers between the Commonwealth and the States is difficult in some cases and sometimes can take a long period of time. There are 3 ways that the division of powers can be changed; referenda, high court decisions and referrals of power.

The division of law-making power outlined in the Constitution can be changed through amending the wording of the Constitution according to S.128, which requires holding a referendum. For a referendum to be successful not only must it be passed by a majority in both houses, it must also obtain a double majority, which means that a majority of voters in a majority of States must vote ‘YES’ and a majority of voters in all of Australia must also vote ‘YES’. Only 8 of 44 referendum proposals have been successful and it is because of this strict formula and because of the complexity of the proposal itself which unless understood by the public doesn’t usually get voted on.

High court decisions also have a great impact on the division of law-making powers between the States and the Commonwealth and have been the most successful way that this has occurred. When the Commonwealth was drafted, the High Court was established as the arbiter of disputes involving law-making power and jurisdiction, this means that they provide checks and balances on regarding the use of the Commonwealths power and they interpret the Constitution. The High Court usually hears cases involving claims that the Commonwealth has interfered with the residual powers of the States, disagreements between two or more States over law-making powers and claims that the States have exceeded their authority by creating law on a matter reserved exclusively for the Commonwealth. t.

Referrals of law-making power are the third way that the division of law-making powers can be changed between the Commonwealth and the States. An individual State can refer some of their law-making powers to the Commonwealth, not all States need to agree on a referral. This occurs under S.51 (xxxvii) of the Constitution and the Commonwealth is able to legislate on matters that have been referred to the Commonwealth by any State. The process is very simple, the states pass an Act giving the Commonwealth the law-making power and the Commonwealth passes an Act accepting the power that has been referred. The States have shown a willingness to refer some key areas of law-making power to the Commonwealth because they believe that the Commonwealth would do a better job, such as De facto relationships and Terrorism.

Similar Documents

Free Essay

Define a Nightmare

...of 1-10? 4) Are these things really permanent? 5) How likely do you think it is that they would actually happen? What Steps could you take to repair the damage or get things back on the upswing, even if temporarily? 1) How could you get things back under control? What are the outcomes or benefits, both temporary and permanent, of more probable scenarios? (need to reword) 1) Now that you have defined the nightmare, what are the positive outcomes, whether internal (confidence, self-esteem, etc.) or external? 2) What would the impact of these outcomes be on a scale of 1-10? 3) How likely is it that you could produce at least a moderately good outcome? 4) Have less intelligent people done this before and pulled it off? If you were fired from your job today, what would you do to get things under financial control? 1) Imagine this scenario and run through questions 1-3 above. 2) If you quit your job to test other options, how could you later get back on the same career track if you absolutely had to? What are you putting off out of fear? 1) What we most fear doing is what we most need to do, that phone call, that conversation, whatever the action might be- it is fear of unknown outcomes that prevents us from doing what we need to do. 2) Define the worst case, accept it, and do it! 3) This bears repeating: What we fear doing most is usually what we most need to do! What is it costing you- financially, emotionally, and physically- to postpone action? 1) Don’t only...

Words: 458 - Pages: 2

Premium Essay

Swot

...single most important change in the future must be the drawing of a clear line of accountability, from top to bottom, without doubt or ambiguity about who is responsible at every level for the well-being of vulnerable children.’ As a result, under the Children Act 2004, every local authority was required to enhance the arrangements for cooperation to safeguard children and young people and improve outcomes for them. This was to be achieved by integrating services around their needs. In creating Children’s Trusts, the aim was to improve the life chances of the most vulnerable children and young people by narrowing gaps in each of the five outcome areas identified in Every Child Matters. This was to be achieved by: focusing on prevention and early intervention through the early identification of additional need developing effective integrated working across agencies ensuring effective planning and joint commissioning of services. A Children’s Trust is not an entity in itself but comprises all the arrangements and partnerships between organisations that have a role in improving outcomes for children and young people. Organisations that are required to cooperate in the arrangements that are the ‘Children’s Trust’ are termed ‘statutory partners’ and include the services of the local authority, the primary care trust, the police, schools, further education and sixth-form colleges and Jobcentre Plus. Just as important are the non-statutory partners, for example, third sector organisations...

Words: 334 - Pages: 2

Free Essay

Personal Ethics Statement

...disappointed with myself or others. I have acknowledged that, and it is something I am working on by trying not to over analyze everything and let life unfold the way it is going to unfold. My strengths are my ability to analyze problems, compassion, free will, and experience. When I do something, whether it is meeting new people, taking a new class, starting a job, or taking a hike, I always plan for the occasion and prepare myself for several outcomes and strive to obtain the outcome I desire. I find that taking the time to prepare myself I stay motivated and determined to succeed. My weaknesses are that I don’t always take the time to reflect on situations and don’t always ensure that my heart and head agree with the decisions I make. Going forward, I will take more time to reflect prior to coming to a decision and not put so much pressure on myself to control the outcome that I plan for. I have taken a great deal of knowledge from the assignment. It has made me reflect inward, and I understand that I set to high of standards for certain outcomes. In conclusion, I will continue to handle every situation in my life with integrity, respect, a positive attitude, trust, confidence, and...

Words: 354 - Pages: 2

Premium Essay

Hrmn 302 Communication Skills - E Portfolio

...portfolio that you can include in your resume or applications for jobs. You should begin working it around Week 3, even though it is only due Week 8. Click here for directions how to create an E-portfolio/Google Site. The course outcomes for HRMN 302 are: 1. apply appropriate communication media and methods according to the situational need in organizational settings 2. apply communication theories to organizational communication challenges 3. recognize and respond constructively to cultural differences in communication 4. analyze and assess the communication dynamics of an organization to conduct a communication audit First, create your e-Portfolio. Creating an e-portfolio is easy. We recommend you use Google Sites. Go to: https://support.google.com/sites/answer/4417369?hl=en&ref_topic=23216&rd=1 Include an introduction page, one page for each of the three outcomes, and a citations page. You will have a minimum of 5 pages. On each outcome page: Provide the course outcome Explain in your own words and 1-2 paragraphshow each outcome relates to what you have learned in class Post one artifact for each outcome (video, paper, chart, or any type of file you wish to use) that you have createdand that demonstrates your mastery of each outcome Explain, in detailed sentences and approx. 2-3 paragraphs, how each artifact relates to the course...

Words: 265 - Pages: 2

Premium Essay

Concept-of-Ethics

...Ethics is a study of moral principles that determine whether the actions of individuals are right or wrong and outcomes are good or bad (McShane and Glinow, 2008); as Drucker (2000) mentioned, “Ethics deals with right actions of individual”. For a company, ethics of employees are important, for example, to avoid for employing wrong employees who will embezzling company’s fund or who are commercial espionage. Thus, module of ethics indeed enhance student’s employability as student will learn about the expected behaviour and attitude of conducts, i.e. honesty and loyalty, represent one’s trustworthiness on work. Ethics relate with how one make decisions on own set of rules of what to do or not to do, it may also affecting the company’s image. For example, the dishonesty action of an employee might causes public feel distrust on the whole company. Hence, the employees with concept of ethics will enhance their reliable and trustable for the company to assign work, and then, enhance their employability. However, one of the critiques is the conflict which may arise in different situations, for example, ethics may tell student to be hardworking; yet, hardworking may not applicable on current working environment as it does not always equals to effective and efficient work. Because, what the company wants from employees nowadays is to work smart, to achieve good outcome with effectiveness and efficiency. Drucker, P. F. (2000) The Ecological Vision: Reflections on the American...

Words: 267 - Pages: 2

Premium Essay

Hupppp

...final ratings are provided by the appraiser for the quantifiable and measurable achievements of the employee being appraised. The entire process of review seeks an active participation of both the employee and the appraiser for analyzing the causes of loopholes in the performance and how it can be overcome. Outcome: In the process employee acquires awareness from the appraiser about the areas of improvements and also information on whether the employee is contributing the expected levels of performance or not. The employee receives an open and a very transparent feedback and along with this the training and development needs of the employee is also identified. The appraiser adopts all the possible steps to ensure that the employee meets the expected outcomes for an organization through effective personal counselling and guidance, mentoring and representing the employee in training programmes which develop the competencies and improve the overall productivity. 2. Rewarding good performance: This is a very vital component as it will determine the work motivation of an employee. During this stage, an employee is publicly recognized for good performance and is rewarded. OUTCOME: This stage is very sensitive for an employee as this may have a direct influence on the self esteem and achievement orientation. Any contributions duly recognized by an organization helps an employee in coping up with the failures successfully and satisfies the need for...

Words: 367 - Pages: 2

Premium Essay

Sdkfn

...Group work can seem like a daunting task, particularly in an asynchronous environment in which communication occurs primarily online or, at a distance. Even if you are enrolled in a course that meets weekly, conflicting schedules can make it difficult to arrange outside meetings with your group members. However, with proper planning and clear communications, teams can work effectively and efficiently with little or no face-to-face contact. Achieving good outcomes requires that individuals with different strengths, weaknesses, and perspectives come together to arrive at consensus. Several tools have been created to help your group get started, get organized, and stay on task. With these tools and tips, you will find that working as a team of educated professionals is not only more efficient but more rewarding as well. This professional collaboration is after all, the nature of nursing. Nurses work with others to help others. Working in teams produces the best outcome for patients and the nursing profession. de: What the outcome or final product should look like? What the objective is and what method should be used to achieve it? Who should be responsible for doing what tasks, given their experience and talents? What approach should a way of approaching a task, taking into consideration the unique needs of each group member and their contributions to the group work. Group think involves challenging one another to think critically, to be accountable to one’s own opinions and...

Words: 362 - Pages: 2

Free Essay

Ethical Delima

...set goals for the next upcoming week. In this situation you are affecting the client because you are billing for time that has not been used and you have nothing to back that time up because during this time you were not working with the patient. The client is receiving "free services" today so you would not only be affecting the company, but you yourself have lied about time that you have not done and you are billing the patient for their "free service." The conflicted values and areas of agreement are being broken because you have a commitment to the company that the time that you bill for is time that you have actually been working or doing actual therapy with the patient. As far as the outcomes for this situation, you are going to get paid for the time that you bill but the negative outcome is that you have not been honest and you are at risk at being audited. Also if someone were to find out then they could file a complaint on you and you could risk your license to practice. The patient is being billed for "free services" so they are being negatively impacted. If this were to happen to me I would talk with whoever is over me to see if possible to see another patient before Thursday and if not then I would just be honest about the situation and work harder the next work week! I would definitely not take a chance at losing my license to practice therapy over 1 unit when I could just be honest and know that going forward I am going to have to try and work as much as possible for...

Words: 369 - Pages: 2

Premium Essay

Bsbmgt515A

...Activity 4 Also known as an impact and risk analysis an impact assessment is the developmental tool to assist in defining the structure and content of the contingency plan. By performing an impact assessment it aids in providing accurate diagnosis relating to the definition of risk as outlined by the operation plan, what may occur. The impact of the risk on the operational plan and its projected outcomes, what is the rating of the risk, how will it manifest itself and how damaging will it be to the plan if it eventuates. Coupled with a series of alternatives, recognitions and formulated responses to the risks the information is fed back into the process and forms the contingency plan. This information can be collated in the form of a matrix; the information can then be measured for weight, possibility of outcome, severity of impact and presented with formulated recommendations for risk minimisation or alternatives. IMPACT MATRIX |Header |Description | |Change Impact |Summary of impact | |Description |Short description of impact | |Stakeholder |Include stakeholder groups and/or role (if required) ...

Words: 338 - Pages: 2

Premium Essay

Asdfa

...three distinct outcomes. 1. To become familiar with the 56 organizations in attendance. 2. To learn about different types of networking, the importance of networking in a business professional’s life, and taking the time to set your own personal networking goals. 3. To put your networking skills into action, test them out, and improve your skills. Since you were unable to attend Networking Night, you will need to fulfill these three objectives in alternate ways. While there is no way to replicate this event or the experience attendees had, we have provided guidelines so you can achieve similar objectives. Outcome #1- To become familiar with the 56 organizations in attendance. To achieve this outcome, you will need to interact with organizations and/or do research on them. Review the organizations that were in attendance at Networking Night at: http://www.uwosh.edu/cob/undergraduate/development/events/networking-night Submit an overview that addresses the following: 1. What 5 organizations did you pick to learn about? 2. How did you go about finding the information? 3. Provide the following information on each of the 5 organizations in a bullet format: a. Name of organization b. Location(s) c. Main business operations (what do they do?) d. Name of recruiting contact that you could reach out to e. Types of positions they recruit for (functions, internship and/or fulltime) Outcome #2- To learn about...

Words: 720 - Pages: 3

Premium Essay

Confirmation/Refutation

...Two children with the same name, both born in the same city and raised by single mothers, have completely different lives just by the outcomes of the choices they make. In The Other Wes Moore, written by Wes Moore himself in 2010, the author Wes ends up as a decorated combat veteran and Rhodes Scholar, while the other Wes serves a life sentence in prison for murder. While Baltimore is the similar hometown for both Wes Moores, the outcomes each experienced in the end exemplify the importance of choice making. The institutions and interpersonal relationships one encounters, for better or for worse, have a very influential role in the choices they make. The author Wes Moore reluctantly goes to Valley Forge after being forced by his mother, Joy. While Wes ultimately did not make this choice himself, the Military Academy sets the beginning guidelines for a prestigious and disciplined life ahead. However, the choice to work hard and eventually become the most respected student at Valley Forge was an outcome of his own choice to succeed. When Wes went to the pizza parlor with Dalio and experienced the drunken kids that threw a bottle at Wes’s face, Wes’s decision to not react and fight back was a test of his maturity. Instead of reacting in a violent way, he looked out for his friend’s safety and led him back via another safer route. In contrast, the other Wes Moore makes the continuous decision to be a part of the drug game. After getting caught up in the game’s mishaps several...

Words: 353 - Pages: 2

Premium Essay

Outcome Evaluation

...produces the results that it does. Outcome based evaluations are used to monitor the outcomes of a program, which helps decide if the program was useful and beneficial, or a failure. Process based evaluations are used to evaluate the way a program achieves its goals. It doesn’t evaluate the outcomes themselves, just the way the program does things in order to achieve those outcomes in a successful way for the clients. One form of process evaluation is staff recruitment, hiring, and training. These things will be documented to ensure this part of the program process is efficient. Without proper staff, the program would not have much of a chance. Another example of process evaluation comes in the form of “planning and development activity forms, meeting agendas and minutes, and participatory observation.” (Yuen/Terao, 2003) These things will be used to monitor program development, problems encountered, and solutions to the problems. Outcome based evaluations are used as a way to verify that the program is performing the right actions to produce the right outcomes, or benefits, for the clients. This kind of evaluation can be done by evaluating (through surveys, interviews, etc.) people that have gone completed or participated in the program and comparing their answers and results with people who have not been through the program, or with those that have been through a different program that was similar. Another way to do an outcome based evaluation would be to do a simple...

Words: 300 - Pages: 2

Premium Essay

Some Words of Caution

...MUHAMMAD AMIR HAMZAH BIN MOHD ARIS 4141005251 PMS 3293 CHANGE MANAGEMENT SOME WORDS OF CAUTION    1. Expect some unanticipated outcomes : Although there is a link between action and outcome is very controllable and predictable, there are likely to be some unanticipated consequences reinforcing outcomes and counteracting outcomes. 2. Be alert to measurement limitations : Assessing success of innovative practices is an inherently complex and ambiguous challenge, and that is why it is required to be wholly and watchfully studied and researched.   3. Don’t declare victory too soon :   Do not declare the victory too soon because the result can be changed, but we can celebrate a win. As one said “Declaring the war won can sometimes be catastrophic”.  4. Beware of escalation of commitment :  Escalation means intensification, and there are four factors that can lead to escalation, and these include :- (a) Project determinants, (b) Psychological determinants, (c) Social determinants, and (d) Organizational determinants.  Seven practices that can help reduce escalation : (A) Don’t ignore negative feedback or external pressure. (B) Hire an external assessor to provide an independent view on progress. (C) Don’t be afraid to withhold further resources/funding; as well as limiting losses, it has symbolic value in that it is a fairly emphatic signal that there is concern with progress. (D) Look for opportunities to redefine the problem and thereby generate...

Words: 285 - Pages: 2

Premium Essay

Project Proposal

...Industry trade groups, Investors, Labor unions, Local communities, National communities, Professional associations, Prospective customers, Prospective employees, Global community, Shareholders, and Suppliers, etc…) * The overall objective is for all managers across the country to train hands-on in a central location for at least 10 hours on the new platform as well as a host of new compliance policies being introduced. * Even though not all managers are going to be willing to commit to taking time out from their normal responsibilities just for some training the success of this project will be evaluated by the progress in the managers, the impact, the success, and the outcomes they bring back to their Office after the training. The most important evaluation would be your own satisfaction with the outcome of the project and how it will be achieved. In addition to being evaluated, your team will provide potential feedback and effectiveness of the training to your CEO. * Gather all data/feedback to measure the success of the new platform and policies. How has business benefited from the new technology/policies? Are manager’s well trained and bringing new information back to employees? How much has the company overall performance improved? What was the employee’s response to the impact of the new...

Words: 276 - Pages: 2

Free Essay

Managing Failures

...Even after investing over 10 lakhs in an MBA degree from one of highly advertised business school, Rajesh is still looking for an entry level job which can fetch him atleast 20-25,000 rupees per month so that he can start repayment of the loan his farmer father had taken from village landlord to finance his MBA. Rajesh completed his engineering from a private engineering college with a hope that he will be able to get a regular job which will minimize the uncertainty attached with the earnings from agriculture. He has seen his father losing sleep every year, when the rain gods played mischief. He has felt the anxiety at home till the time the payment for each crop was realised and all the small borrowings taken during the season for the crop were repaid. His father tried to fulfil all his financial needs so that he can be what he wants to be. Rajesh studied hard during his engineering course but he could not get any job during campus placements. After futile job search for over one year, few friends advised Rajesh to get an MBA degree. They said that MBA is a sure shot way to get a highly paid and high ranked job in a large MNC. He was lured by big advertisements of business schools which promised the students an ultra-modern campus and dream jobs. But even after attending over 25-30 job interviews, the best job he was offered was of sales executive with a “CTC” of rupees 2.5 lakh per annum but having fixed salary component of less than 10,000 rupees a month. Most of us reading...

Words: 1047 - Pages: 5