ATAR course examination, 2017 Question/Answer booklet POLITICS AND LAW 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: 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 material. If you have any unauthorised material with you, hand it to the supervisor before reading any further. Copyright School Curriculum and Standards Authority 2017 Ref: 17-070
POLITICS AND LAW 2 Structure of this paper Section Section One Short answer Section Two Source analysis Section Three Essay Part A: Unit 3 Number of questions available Number of questions to be answered Suggested working time (minutes) Marks available Percentage of examination 4 3 45 30 30 2 1 35 20 20 2 1 100 50 50 Part B: Unit 4 2 1 Total 100 Instructions to candidates 1. The rules for the conduct of the Western Australian external examinations are detailed in the Year 12 Information Handbook 2017. Sitting this examination implies that you agree to abide by these rules. 2. Section One: Consists of four questions. You must answer three questions. Write your answers in this Question/Answer booklet. Section Two: Consists of two questions. You must answer one question. Write your answers in this Question/Answer booklet. Section Three: Consists of two parts each with two questions. You must answer one question from each part. Write your answers in this Question/Answer booklet. 3. You must be careful to confine your answers to the specific questions asked and to follow any instructions that are specific to a particular question. 4. Supplementary pages for the use of planning/continuing your answer to a question have been provided at the end of this Question/Answer booklet. If you use these pages to continue an answer, indicate at the original answer where the answer is continued, i.e. give the page number. See next page
3 POLITICS AND LAW Section One: Short answer 30% (30 Marks) This section has four (4) questions. You must answer three (3) questions. Write your answers in the spaces provided. Supplementary pages for the use of planning/continuing your answer to a question have been provided at the end of this Question/Answer booklet. If you use these pages to continue an answer, indicate at the original answer where the answer is continued, i.e. give the page number. Suggested working time: 45 minutes. See next page
POLITICS AND LAW 4 Question 1 (10 marks) (a) What does a Federal Parliament consist of, according to section 1 of the Commonwealth Constitution? (2 marks) (b) Outline the significance of sections 24 and 53 of the Commonwealth Constitution in terms of the relative power of the two Houses of the Commonwealth Parliament. (3 marks) See next page
5 POLITICS AND LAW (c) Identify a legislature in a non-westminster political system and discuss two powers of that institution. (5 marks) See next page
POLITICS AND LAW 6 Question 2 (10 marks) (a) Explain what is meant by division of powers in the Australian political and legal system. (2 marks) (b) Outline how one High Court decision informally changed the Commonwealth Constitution. (3 marks) See next page
7 POLITICS AND LAW (c) Outline one proposed reform to the Commonwealth Constitution and discuss one argument in support of this change. (5 marks) See next page
POLITICS AND LAW 8 Question 3 (10 marks) (a) Explain the term constitutional monarchy as it applies in Australia. (2 marks) (b) Distinguish between how, in practice, a Governor-General of Australia is appointed and the provisions for the appointment under the Commonwealth Constitution. (3 marks) See next page
9 POLITICS AND LAW (c) With reference to the Hollingworth Affair, discuss how a Governor-General of Australia is removed from the position. (5 marks) See next page
POLITICS AND LAW 10 Question 4 (10 marks) (a) Explain what is a charter of rights within Australia s political and legal system. (2 marks) (b) Distinguish between civil rights and political rights. (3 marks) See next page
11 POLITICS AND LAW (c) With reference to one statute, discuss its impact on the experience of a particular group within Australia s political and legal system. (5 marks) End of Section One See next page
POLITICS AND LAW 12 Section Two: Source analysis 20% (20 Marks) This section has two (2) questions. You must answer one (1) question. Write your answer in the spaces provided. Supplementary pages for the use of planning/continuing your answer to a question have been provided at the end of this Question/Answer booklet. If you use these pages to continue an answer, indicate at the original answer where the answer is continued, i.e. give the page number. Suggested working time: 35 minutes. Question 5 (20 marks) Read Source 1 and answer all the question parts that follow. Source 1 The following is an edited extract from an article published in the Sydney Morning Herald entitled Australian federalism a case study in pride and prejudice, written by Geoff Gallop March 1, 2011. Despite the best intentions of the founding fathers of the Australian Constitution, we have never seen an uncompromised application of the federal principle in the government of our nation. It wasn t long before a mixture of elements saw power and influence moving to the centre the financial strength of the Commonwealth, the centralism of the newly emerged Labor Party, the pride and prejudices of Commonwealth politicians and public servants, and the expansive definition of Commonwealth powers by the High Court. Add to that the necessities associated with two world wars, the internationalisation of government that came with the United Nations and the embrace of centralism by the Liberal Party in recent times and it is clear that creeping centralism is a good way to describe our situation. As a result, the Commonwealth has more and the States less revenue-raising capacity than they need (vertical fiscal imbalance). In such circumstances the temptation on the part of the Commonwealth to intrude, influence and control is overwhelming. This being said, the States still play an important role in our system. See next page
13 POLITICS AND LAW (a) Explain what is meant by creeping centralism. (2 marks) (b) With reference to Source 1, discuss two reasons for the rise of centralism in the Australian federation. (4 marks) See next page
POLITICS AND LAW 14 Question 5 (continued) (c) Discuss two reasons why the States still play a significant role in the Australian federation. (6 marks) See next page
15 POLITICS AND LAW (d) Evaluate the extent to which the Council of Australian Governments (COAG) has impacted the federal balance of power. (8 marks) See next page
POLITICS AND LAW 16 Question 6 (20 marks) Read Source 2 and answer all the question parts that follow. Source 2 The following is an edited extract from ABC News entitled WestConnex funding to be scrutinised by Auditor-General after Anthony Albanese, Senate requests, written by James Bullen and staff, updated Thursday May 19, 2016. The Federal Government s decision to commit $3.5 billion to Sydney s WestConnex project will be investigated by the Auditor-General after requests from the Opposition s Anthony Albanese and non-government senators. The audit will consider whether the Government followed proper processes to ensure value for money before the funds were committed to the New South Wales Government. Mr Albanese said he requested the audit in January because he believed funding was improperly awarded to the project a 33 kilometre motorway network linking Sydney s west and south-west with the city, airport and Port Botany. In February, a Greens motion was passed by the Senate requesting the Auditor-General investigate Commonwealth funding approvals for both WestConnex and the Perth Freight Link project. It followed an Auditor-General report on the now-defunct East West Link project in Melbourne, which made a number of adverse findings the report (of the Auditor-General) is expected to be tabled in the Autumn 2017 session of Parliament. Meanwhile, the Federal Government has also accused the Opposition of taking contradictory positions on the WestConnex project in an attempt to win over Green votes in Sydney s inner west. While Mr Albanese said he requested the audit because the Government abandoned proper process, the federal Minister for Major Projects Paul Fletcher said Labor provided funding for the project when it was in government and Mr Albanese was trying to back away from his previous support for WestConnex. What we are seeing is Mr Albanese moving away from WestConnex because he is trying to secure votes from the Greens in his inner city electorate of Grayndler, Mr Fletcher said. See next page
17 POLITICS AND LAW (a) Explain the role of the Commonwealth Auditor-General. (2 marks) (b) With reference to Source 2, explain two reasons why the Auditor-General was requested to investigate WestConnex. (4 marks) See next page
POLITICS AND LAW 18 Question 6 (continued) (c) With reference to at least one example, discuss the role of the Administrative Appeals Tribunal (AAT) in terms of the accountability of public servants. (6 marks) See next page
19 POLITICS AND LAW (d) Evaluate the extent to which Senate Estimates promotes executive accountability in Australia. (8 marks) End of Section Two See next page
POLITICS AND LAW 20 Section Three: Essay 50% (50 Marks) This section has four (4) questions. Answer one (1) question from Part A: Unit 3 and answer one (1) question from Part B: Unit 4. Write your answers on the pages following Question 10. Supplementary pages for the use of planning/continuing your answer to a question have been provided at the end of this Question/Answer booklet. If you use these pages to continue an answer, indicate at the original answer where the answer is continued, i.e. give the page number. Suggested working time: 100 minutes. Part A: Unit 3 Answer one (1) question from a choice of two (2). Question 7 (25 marks) Analyse whether or not the decline of parliament thesis is applicable to recent Commonwealth Parliaments. or Question 8 (25 marks) Making reference to particular bills/legislation, analyse the relative power of the Prime Minister and Cabinet compared to that of the Opposition in the lawmaking process of the Commonwealth Parliament. See next page
21 POLITICS AND LAW Part B: Unit 4 Answer one (1) question from a choice of two (2). Question 9 (25 marks) Evaluate the extent to which the Australian court system is open and accountable. or Question 10 (25 marks) Evaluate the extent to which Australia and one other country uphold the democratic principles of political representation and judicial independence. End See of next questions page
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ACKNOWLEDGEMENTS Question 5 Question 6 Excerpt from: Gallop, G. (2011, March 1). Australian federalism a case study in pride and prejudice. Sydney Morning Herald. Retrieved March 31, 2017, from www.smh.com.au/federal-politics/political- opinion/australian-federalism--a-case-study-in-pride-and-prejudice- 20110228-1bbkw.html Excerpt from: Bullen, J. (2016, May 19). Westconnex funding to be scrutinised by auditor-general after Anthony Albanese, Senate requests. Retrieved March 31, 2017, from www.abc.net.au/news/2016-05-19/westconnex-billions-to-be-audited-albanese-questionsfunding/7427150 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 it is not changed and 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 4.0 International (CC BY) licence. Published by the School Curriculum and Standards Authority of Western Australia 303 Sevenoaks Street CANNINGTON WA 6107