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1 Western Australian Certificate of Education Examination, 2014 Question/Answer Booklet POLITICS AND LAW Stage 3 Please place your student identification label in this box Student Number: In figures In words Time allowed for this paper Reading time before commencing work: Working time for paper: ten minutes three hours Materials required/recommended for this paper To be provided by the supervisor This Question/Answer Booklet To be provided by the candidate Standard items: Special items: pens (blue/black preferred), pencils (including coloured), sharpener, correction fluid/tape, eraser, ruler, highlighters nil Number of additional answer booklets used (if applicable): Important note to candidates No other items may be taken into the examination room. It is your responsibility to ensure that you do not have any unauthorised notes or other items of a non-personal nature in the examination room. If you have any unauthorised material with you, hand it to the supervisor before reading any further. Copyright School Curriculum and Standards Authority 2014 Ref:

2 POLITICS AND LAW 2 STAGE 3 Structure of this paper Section Section One: Short response Section Two: Source analysis Section Three: Extended response Part A: Unit 3A Extended response Part B: Unit 3B Number of questions available Number of questions to be answered Suggested working time (minutes) Marks available Percentage of exam Total 100 Instructions to candidates 1. The rules for the conduct of Western Australian external examinations are detailed in the Year 12 Information Handbook Sitting this examination implies that you agree to abide by these rules. 2. Write your answers in this Question/Answer Booklet. 3. You must be careful to confine your responses to the specific questions asked and to follow any instructions that are specific to a particular question. 4. Spare pages are included at the end of this booklet. They can be used for planning your responses and/or as additional space if required to continue an answer. Planning: If you use the spare pages for planning, indicate this clearly at the top of the page. Continuing an answer: If you need to use the space to continue an answer, indicate in the original answer space where the answer is continued, i.e. give the page number. Fill in the number of the question that you are continuing to answer at the top of the page.

3 STAGE 3 3 POLITICS AND LAW Section One: Short response 30% (30 Marks) This section has four (4) questions. You must answer three (3) questions. Part A: Answer one (1) question from a choice of two (2). Part B: Answer one (1) question from a choice of two (2). The third response can be chosen from either of the remaining questions in Part A or Part B. Spare pages are included at the end of this booklet. They can be used for planning your responses and/or as additional space if required to continue an answer. Planning: If you use the spare pages for planning, indicate this clearly at the top of the page. Continuing an answer: If you need to use the space to continue an answer, indicate in the original answer space where the answer is continued, i.e. give the page number. Fill in the number of the question that you are continuing to answer at the top of the page. Suggested working time: 45 minutes This space has been left blank intentionally

4 POLITICS AND LAW 4 STAGE 3 Part A: Unit 3A Question 1 (10 marks) (a) What is representative government? (2 marks) (b) Distinguish the role of the Shadow Ministry from the role of the Ministry in the Commonwealth Parliament. (3 marks)

5 STAGE 3 5 POLITICS AND LAW (c) Identify and discuss two powers of the Opposition in the Commonwealth Parliament. (5 marks)

6 POLITICS AND LAW 6 STAGE 3 Question 2 (10 marks) (a) What is judicial legalism? (2 marks) (b) Outline three separate judicial roles of the High Court of Australia. (3 marks)

7 STAGE 3 7 POLITICS AND LAW (c) Outline a contemporary issue involving legal power and discuss its effect on the Australian political and/or legal system. (5 marks)

8 POLITICS AND LAW 8 STAGE 3 Part B: Unit 3B Question 3 (10 marks) (a) What is meant by public confidence in the courts? (2 marks) (b) Outline how a judge in Australia may be censured or removed. (3 marks)

9 STAGE 3 9 POLITICS AND LAW (c) Discuss two ways in which the appeals process in Australian courts promotes accountability. (5 marks)

10 POLITICS AND LAW 10 STAGE 3 Question 4 (10 marks) (a) What is meant by a cultural right and an economic right? (2 marks) (b) What are international covenants and protocols and what is their status in the Australian legal system? (3 marks)

11 STAGE 3 11 POLITICS AND LAW (c) Identify two rights in Australia and explain how each is protected in Australia s legal system. (5 marks) End of Section One

12 POLITICS AND LAW 12 STAGE 3 Section Two: Source analysis 20% (20 Marks) This section has two (2) questions. You must answer one (1) question. Write your answer in the space provided. Spare pages are included at the end of this booklet. They can be used for planning your responses and/or as additional space if required to continue an answer. Planning: If you use the spare pages for planning, indicate this clearly at the top of the page. Continuing an answer: If you need to use the space to continue an answer, indicate in the original answer space where the answer is continued, i.e. give the page number. Fill in the number of the question that you are continuing to answer at the top of the page. Suggested working time: 35 minutes. Read Source 1 and answer all the question parts that follow. Source 1: Unit 3A The following is an edited extract of the submissions made by the company British American Tobacco Australia Limited (BATA) in July 2011 to the House of Representatives Health and Ageing Committee s Inquiry into the Commonwealth Government s Tobacco Plain Packaging Bill 2011(TPP Bill). A major provision of the Bill was to make companies, such as BATA that manufacture cigarettes, package their cigarettes in plain paper. The Bill subsequently became an Act of the Commonwealth Parliament in BATA is opposed to the introduction of plain packaging. We believe there are significant legal obstacles to its implementation, the policy is not supported by real evidence and there are significant consequences and implications which may arise if the TPP Bill is passed. The Government s power to introduce plain packaging is constrained by law, not only by the general principles of public law, but also by international law The introduction of plain packaging, including increasing the graphic health warnings from the current size, may result in significant costs to the Government and the taxpayer. The Government has relied on a number of studies, research and data to support its claims that plain packaging will achieve its desired purposes. BATA does not consider that those studies, research and data support plain packaging. There is no real world data to demonstrate that the plain packaging of tobacco products will be effective in discouraging youth initiation 1, encouraging cessation 2 by existing smokers or increasing the salience 3 of health warnings, a point acknowledged on a number of occasions by the Health Minister herself. Should the Government introduce the TPP Bill, BATA has serious concerns about its ability to comply with the legislation within the short timeframes provided by Clause 2 of the TPP Bill. BATA respectfully requests that the Committee recommend the TPP Bill not come into force until at least 12 months after the TPP Bill receives Royal Assent. 1 youth initiation the commencement of smoking by young people 2 cessation stopping, ending, quitting 3 salience most significant and important aspect

13 STAGE 3 13 POLITICS AND LAW Question 5 (20 marks) (a) What is Royal Assent? (2 marks) (b) With reference to Source 1, explain briefly two reasons why BATA opposed the Tobacco Plain Packaging Bill 2011 (TPP Bill). (4 marks)

14 POLITICS AND LAW 14 STAGE 3 Question 5 (continued) (c) With reference to at least one pressure group other than BATA, discuss the role and impact of pressure groups on the lawmaking process of the Commonwealth Parliament. (6 marks)

15 STAGE 3 15 POLITICS AND LAW (d) Evaluate the significance of minor parties and/or independents in the lawmaking process of the Commonwealth Parliament in the last 10 years. (8 marks)

16 POLITICS AND LAW 16 STAGE 3 Read Source 2 and answer all the question parts that follow. Source 2: Unit 3B The following is an edited extract of Chapter 4 of the Australian Government Electoral Reform Green Paper 1. The chapter discusses the current arrangements of who is eligible to vote in Commonwealth elections. The Australian Constitution provides that members of Parliament are to be directly chosen by the people (s.7 and s.24) and allows the Parliament to make laws regarding the qualification of electors (s.8 and s.30). The Australian Constitution does not clearly define the franchise, affording a large degree of discretion 2 to the Parliament to make laws providing for the qualification of electors. Since 1902, the franchise has slowly expanded to include more members of the Australian community. For example in 1962, all Indigenous Australians were enfranchised; and in 1973 the general voting age was lowered to 18 years. Under the Electoral Act, persons are generally eligible to vote in Commonwealth elections if they are Australian citizens who are 18 years of age or older. Particular exceptions apply, excluding the following persons from the entitlement to enrol and vote, including: - persons who are serving a prison sentence of three years or more; - persons who by reason of unsound mind, are incapable of understanding the nature and significance of enrolment and voting ; and - persons who have been convicted of treason or treachery and have not been pardoned. Some concerns have been raised about current provisions which exclude a person from voting by reason of unsound mind. Criticisms of this exclusion have largely focused on its potential impact on persons with a disability and it is arguable that the ageing of the Australian population may result in more electors with diminished capacity 3. 1 Green Paper a document written for a government to discuss matters relating to particular laws and to suggest possible reforms to existing laws. 2 discretion choice, ability to change 3 diminished capacity the reduction in the ability of a person to understand and carry out basic tasks.

17 STAGE 3 17 POLITICS AND LAW Question 6 (20 marks) (a) What is meant by the franchise in the Australian political system? (2 marks) (b) With reference to Source 2, explain briefly two exclusions from Australia s current franchise. (4 marks)

18 POLITICS AND LAW 18 STAGE 3 Question 6 (continued) (c) With reference to a country other than Australia, identify and discuss two ways in which it upholds or undermines popular participation. (6 marks)

19 STAGE 3 19 POLITICS AND LAW (d) With reference to one individual or group, identify and evaluate two aspects of their experience in the Australian political and legal system. (8 marks) End of Section Two

20 POLITICS AND LAW 20 STAGE 3 Section Three: Extended response 50% (50 Marks) This section has four (4) questions. Answer one (1) question from Part A: Unit 3A and answer one (1) question from Part B: Unit 3B. Write your answers in the spaces provided following Question 10. Spare pages are included at the end of this booklet. They can be used for planning your responses and/or as additional space if required to continue an answer. Planning: If you use the spare pages for planning, indicate this clearly at the top of the page. Continuing an answer: If you need to use the space to continue an answer, indicate in the original answer space where the answer is continued, i.e. give the page number. Fill in the number of the question that you are continuing to answer at the top of the page. Suggested working time: 100 minutes. Part A: Unit 3A Answer one (1) question from a choice of two (2). Question 7 (25 marks) There is only one reason for the present power of the Commonwealth government over State governments within the Australian federal system and that is the growth of the financial dominance of Commonwealth governments over a number of decades. Evaluate the validity of this claim. or Question 8 (25 marks) The powers of the Prime Minister are considerable, but so are the limits. Evaluate the validity of this claim.

21 STAGE 3 21 POLITICS AND LAW Part B: Unit 3B Answer one (1) question from a choice of two (2). Question 9 (25 marks) Discuss the powers that the Governor-General and Ministers, other than the Prime Minister, may exercise and assess the extent to which each is held accountable. or Question 10 (25 marks) Discuss the role of the High Court of Australia (HCA) and either the Administrative Appeals Tribunal (AAT) or Royal Commissions (RCs) in terms of the accountability of the executive and public servants and assess the extent to which each contributes to the operation of open government in Australia. End of questions

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40 INITIALS DATE ACKNOWLEDGEMENTS Section Two Source 1 Source 2 Adapted extract from: British American Tobacco Australia Limited. (2011, July 22). Submission on the Tobacco Plain Packaging Bill 2011 and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011: Submissions to the House of Representatives Health and Ageing Committee. [Potts Point, NSW]: BATA, pp Retrieved February 16, 2014, from ness/committees/house_of_representatives_committees%3furl%3dh aa/billtobaccopackage/subs/sub53.pdf&rct=j&frm=1&q=&esrc=s&sa=u &ei=u8eru6_desp5kgxyxoh4ba&ved=0cbsqfjab&usg=afqjcnf0 GyKukYn5dfO9n4NC_k2u9v8WtQ Used under the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 Australia licence. Adapted extract from: Electoral reform green paper: Strengthening Australia's democracy. (2009). [Canberra: Dept. of the Prime Minister and Cabinet], Part 1: Australia s electoral architecture, chapter 4: The franchise, pp , 42. Retrieved January 28, 2014, from y/docs/strengthening_australias_democracy.pdf This document apart from any third party copyright material contained in it may be freely copied, or communicated on an intranet, for non-commercial purposes in educational institutions, provided that the School Curriculum and Standards Authority is acknowledged as the copyright owner, and that the Authority s moral rights are not infringed. Copying or communication for any other purpose can be done only within the terms of the Copyright Act 1968 or with prior written permission of the School Curriculum and Standards Authority. Copying or communication of any third party copyright material can be done only within the terms of the Copyright Act 1968 or with permission of the copyright owners. Any content in this document that has been derived from the Australian Curriculum may be used under the terms of the Creative Commons Attribution-NonCommercial 3.0 Australia licence. Published by the School Curriculum and Standards Authority of Western Australia 303 Sevenoaks Street CANNINGTON WA 6107

pens (blue/black preferred), pencils (including coloured), sharpener, correction fluid/tape, eraser, ruler, highlighters

pens (blue/black preferred), pencils (including coloured), sharpener, correction fluid/tape, eraser, ruler, highlighters Western Australian Certificate of Education Examination, 2015 Question/Answer Booklet POLITICS AND LAW Stage 3 Please place your student identification label in this box Student Number: In figures In words