POLITICS AND LAW

Stage 3
WACE Examination 2014
Marking Key

Marking keys are an explicit statement about what the examiner expects of candidates
when they respond to a question. They are essential to fair assessment because their
proper construction underpins reliability and validity.

Copyright School Curriculum and Standards Authority 2014

POLITICS AND LAW

STAGE 3

Section One: Short response

MARKING KEY
30% (30 Marks)

Question 1
(a)

(10 marks)

What is representative government?

Description
Outline two elements of representative government which could include:
members of the legislature are elected by the people; government
reflects the will of the majority; parliament is capable of expressing or at
least respecting the voices of minority groups in society; electoral
systems that provide citizens with equal voting power.
Outline one element of representative government
OR make a general statement about representative government.
Total

(b)

Distinguish the role of the Shadow Ministry from the role of the Ministry in the
Commonwealth Parliament.
Description
Identify at least two differences between the role of the Shadow Ministry
and the Ministry which could include: the Shadow Ministry is connected
to the Opposition whilst the Ministry is connected to the Government;
the Shadow Ministrys role is to propose alternative policies whereas the
Ministry proposes governmental policy; the Shadow Ministry questions
and scrutinises governmental policies, actions and legislation whilst the
Ministry proposes and justifies/defends governmental policies, actions
and legislation.
Outline the role of the Shadow Ministry and the Ministry.
But makes no distinction between the roles.
Outline the role of either the Shadow Ministry or Ministry
OR make a general statement about either.
Total

(c)

(2 marks)
Marks
2

1
2

(3 marks)
Marks

2
1
3

Identify and discuss two powers of the Opposition in the Commonwealth Parliament.
(5 marks)
Description
Identify two powers of the Opposition in the Commonwealth Parliament
which could include: ask questions of the government- with or without
notice; to bring a censure motion against a Minister; to move a vote of
no confidence in a Minister and/ or government; to amend, block or
defeat legislation in the Senate
Discuss each of the powers identified making some reference to specific
and valid examples.
Identify two powers of the Opposition in the Commonwealth Parliament.
Discuss at least one of these powers
OR outlines each of the powers identified.
Identify one or two powers of the Opposition in the Commonwealth
Parliament
OR makes a general statement about the role of the Opposition in the
Commonwealth Parliament.
Total

Marks

34

12
5

POLITICS AND LAW

STAGE 3

MARKING KEY

Question 2
(a)

What is judicial legalism?

Description
Identify two aspects of judicial legalism which could include: the
impartial/literal reading of the law and then applying the law on this
basis; in applying the law the outcome of the case is not a
consideration; in applying the law a desire to change legal and/or social
norms is not a consideration
OR identify one aspect and cite a relevant example.
Identify one aspect of judicial legalism
OR makes a general statement concerning judicial legalism such as
following the black letter of the law and/or the literal meaning of the
law
OR cite a relevant example.
Total

(b)

Outline three separate judicial roles of the High Court of Australia.

Description
Outline three separate judicial roles of the High Court of Australia which
could include: the final court of appeal for all judgements of common law
or statutory interpretation made by all other Australian courts; is the only
court to hear matters involving the Commonwealth Constitution; is the
court of first instance (original jurisdiction) on a range of matters
including treaties and disputes between States.
Outline two separate judicial roles of the High Court of Australia
Outline one judicial role of the High Court of Australia
OR list two or more roles
OR make a general statement concerning the role of the High Court of
Australia
OR outline one or more roles of a superior court.
Total

(c)

(10 marks)
(2 marks)
Marks

1
2
(3 marks)
Marks

2
1
3

Outline a contemporary issue involving legal power and discuss its effect on the
Australian political and/or legal system.
(5 marks)
Description
Outline a contemporary (last 3 years) issue of legal power which could
include: a particular judgement of a court; a decision by the High Court
not to hear a case; a decision not to allow an appeal; legislation which
authorises or precludes particular actions by a court.
Discuss the effect of the issue identified on the Australian political and/
or legal system using relevant information and /or examples.
Outline a contemporary (last 3 years) issue of legal power.
Attempt to discuss its effect on the Australian political and/or legal
system.
Identify a contemporary (last 3 years) issue of legal power
AND/OR make a statement regarding its effect on the Australian political
and legal system.
Total

Marks

34
12
5

POLITICS AND LAW

STAGE 3

MARKING KEY

Question 3
(a)

What is meant by public confidence in the courts?

Description
Identify two elements concerning public confidence in the courts which
could include: that certain qualities are met by judges such as
competence, independence, impartiality; that certain qualities and
standards are met by the courts such as unbiased hearings, public
hearings; openness.
Identify one element concerning public confidence in the courts
OR make a general statement regarding public confidence in the
courts.
Total

(b)

Outline how a judge in Australia may be censured or removed.

Description
Identify three elements which could include:
Removal of a Federal judge is subject to constitutional requirements
which could include: Section 72 of the Commonwealth Constitution; only
by the Governor-General in Council; requires an address (in effect a
vote) by both Houses of Parliament in the same session; removal only
on the ground of proved misbehaviour or incapacity.
OR discuss how a judge is removed in a particular State
Censure could include: reference to a complaints tribunal such as the
NSW Judicial Commission; a judge be subject to explanatory
accountability by which he/she may be asked to give an account of the
way they have behaved; informal censure through the media or
individual MPs in parliamentary debate
OR a relevant example could be used to show the above.
Identify one or two elements regarding how a judge is removed or
censured
AND/OR cite an example of the removal or censure of a judge.
Make a general statement concerning how a judge is removed or
censured in Australia.
Total

(10 marks)
(2 marks)
Marks
2

1
2
(3 marks)
Marks

2
1
3

POLITICS AND LAW

STAGE 3
(c)

MARKING KEY

Discuss two ways in which the appeals process in Australian courts promotes
accountability.
(5 marks)
Description
Identify two ways the appeals process in Australian courts promotes
accountability which could include: judges are accountable for their
decisions/judgements as these are subject to review/appeal for errors in
law; the accused/defendant/State have the right to seek review of
decisions to ensure fairness and correct legal practice including
upholding natural justice and avoiding bias.
Discuss each of the ways identified with relevant information /examples.
Identify two ways the appeals process in Australian courts promotes
accountability.
Outlines at least one of the ways identified.
Limited discussion.
Identify one or two ways the appeals process in Australian courts
promotes accountability
OR make a general statement concerning the function of the appeals
process.
Total

Question 4
(a)

What is meant by a cultural right and an economic right?

Description
Identify that a cultural right includes the celebration and protection of
humankinds creativity and tradition which may include language.
Identify that an economic right includes the right to work, the right to a
minimum wage, the right to form a trade union, the right to strike, the
right to own property.
Outline what either a cultural or economic right is
OR make a general statement concerning both a cultural and/or an
economic right.
Total

(b)

Marks

34

12
5

(10 marks)
(2 marks)
Marks
2

1
2

What are international covenants and protocols and what is their status in the Australian
legal system?
(3 marks)
Description
Indicate that international covenants are binding treaties coming into
force upon ratification by a certain number of countries.
Indicate that protocols set out the rules, conduct and procedures of the
covenant and sometimes the protocols are optional.
AND/OR give an example such as the International Covenant on Civil
and Political Rights (1966).
Indicate that covenants and protocols have no status in the Australian
legal system unless they have been enacted into domestic law (High
Court 1995) for example the Racial Discrimination Act (1975) gave
effect to provisions in the International Covenant on the Elimination of
Racial Discrimination.

Marks

POLITICS AND LAW

STAGE 3

MARKING KEY

Question 4(b) (continued)

Explain what are international covenants and protocols
OR explain their status in the Australian legal system
OR outline what are international covenants and protocols and outline
their legal status in the Australian legal system.
Outline what are international covenants and protocols
OR outline their legal status in the Australian legal system
OR give an example
OR make a general statement concerning international covenants and
protocols and what is their status in the Australian legal system.
Total
(c)

1
3

Identify two rights in Australia and explain how each is protected in Australias legal
system.
(5 marks)
Description
Identify two rights in Australia.
Explain how each right is protected in Australias legal system which
could include: by a section of the Commonwealth Constitution; the
common law, either as a common law right or as a result of a common
law decision; a statute.
Identify two rights in Australia.
Outline how one or both rights are protected in the Australian legal
system.
Identify one or two rights in Australia
OR make a general statement concerning rights in Australia
OR outline the source of one or two rights in Australia.
Total

Marks
5

34
12
5

POLITICS AND LAW

STAGE 3
Section Two: Source analysis

MARKING KEY
20% (20 Marks)

Source 1: Unit 3A
Question 5
(a)

What is Royal Assent?

Description
Identify two elements of Royal Assent which could include: approval of
the Crown (Governor-General/Governor) to a Bill passed by Parliament;
is the final stage of the legislative process; is granted when the
Governor-General/ Governor is satisfied that a Bill has been duly
passed by both Houses of Parliament (one House in Queensland);
following Royal Assent the Act becomes operational on its proclamation.
Identify one element of Royal Assent.
Total

(b)

(2 marks)
Marks
2
1
2

With reference to Source 1, explain briefly two reasons why BATA opposed the Tobacco
Plain Packaging Bill 2011 (TPP Bill).
(4 marks)
Description
Identify and briefly explain two reasons from Source 1 why BATA
opposed the TPP Bill (2011) from the Source which include: the Bill
contravenes general principles of both public and international law
hence the Bills provisions are contrary to established law and therefore
cannot be implemented; the Bills provisions will result in significant
costs for taxpayers and the government, being costs that are
disadvantageous to the community; the Bill is based on a false premise
that plain packaging of cigarettes will reduce rates of smoking, which in
BATAs opinion, is not supported by the evidence relied on by the
government; the Bill has overly short time frames which will make it
difficult for BATA to comply with the legislation and for that reason it
should be opposed.
Identify two reasons from Source 1 why BATA opposed the TPP Bill
(2011).
Identify one reason from Source 1 why BATA opposed the TPP Bill
(2011).
Total

(c)

(20 marks)

Marks

34

2
1
4

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)
Description
Identify an appropriate pressure group.
Discuss the role/ actions taken by the pressure group(s) in the
lawmaking process with reference to a particular Bill which could
include: actions/ lobbying that led to the initiation of a Bill; actions during
the passage of the Bill; actions taken against an Act such as judicial
review.
Discuss the impact of the pressure group(s) on the lawmaking process.
Identify an appropriate pressure group.
Discuss the role/ actions taken by the pressure group(s) in the
lawmaking process with reference to a particular Bill.
Make a statement rather than discuss the impact of pressure groups on
the lawmaking process.

Marks

56

34

POLITICS AND LAW

STAGE 3

MARKING KEY

Question 5(c) (continued)

Description
Identify an appropriate pressure group
AND/OR identify an action by a pressure group in the lawmaking
process
AND/OR make a general statement regarding the role and/or impact of
pressure groups on the lawmaking process.
Total
(d)

Marks
12
6

Evaluate the significance of minor parties and/or independents in the lawmaking process
of the Commonwealth Parliament in the last 10 years.
(8 marks)
Description
Identify appropriate minor parties and/or independents within the last
10 years which could include: Australian Democrats (until June 30
2008); Australian Greens; Family First; Nick Xenophon; Palmer United
Party; Adam Bandt; Bob Katter; Rob Oakeshott; Andrew Wilkie; Tony
Windsor.
Make reference to Bill(s) and discuss how minor parties and/ or
independents have participated in the lawmaking process of the
Commonwealth Parliament in the last 10 years
OR make reference to at least one minor party and/or independent over
time and discuss their particular role(s) in the lawmaking process in the
last 10 years.
Evaluate the significance of minor parties and/or independents in the
lawmaking process of the Commonwealth Parliament in the last
10 years.
Identify appropriate minor parties and/or independents within the last
10 years.
Make reference to Bill(s) and discuss how minor parties and/or
independents have participated in the lawmaking process of the
Commonwealth Parliament in the last 10 years
OR make reference to at least one minor party and/or independent over
time and discuss their particular role(s) in the lawmaking process in the
last 10 years.
Discuss, with no attempt to evaluate, the significance of minor parties
and/or independents in the lawmaking process of the Commonwealth
Parliament in the last 10 years.
Identify appropriate minor parties and/or independents within the last 10
years.
Make reference to Bill(s) and outline how minor parties and/ or
independents have participated in the lawmaking process of the
Commonwealth Parliament in the last 10 years
OR make reference to one minor party and/or independent and discuss
their particular role in the lawmaking process in the last 10 years
AND/OR make a statement regarding the significance of minor parties
and/or independents in the lawmaking process of the Commonwealth
Parliament.
Identify at least one minor party and/ or independent from the
Commonwealth Parliament within the last 10 years
AND/OR make a general statement concerning the role of minor parties
and/or independents in the lawmaking process
AND/OR make general reference to a Bill where minor parties and/or
independents played a role in the lawmaking process of the
Commonwealth Parliament.
Total

Marks

78

56

34

12

POLITICS AND LAW

STAGE 3

MARKING KEY

Source 2: Unit 3B
Question 6
(a)

What is meant by the franchise in the Australian political system?

Description
Identify two aspects concerning the franchise in the Australian political
system, which could include: who is entitled to vote in Australia; the right
to vote has been extended over time by Parliament; Australia has
universal suffrage today.
Identify one aspect concerning the franchise in the Australian political
system
OR make a general statement about the voter or voting.
Total

(b)

(2 marks)
Marks
2

1
2

With reference to Source 2, explain briefly two exclusions from Australias current
franchise.
(4 marks)
Description
Identify two exclusions, from Source 2, to Australias current franchise
which include: those serving a prison sentence of more than 3 years;
persons of unsound mind who are incapable of understanding the
nature and significance of enrolment and voting; persons who have
been convicted of treason or treachery and who have not been
pardoned.
Briefly explain each exclusion identified.
Identify two exclusions, from Source 2, to Australias current franchise
OR identify and briefly explain one exclusion to Australias current
franchise.
Identify one exclusion, from Source 2, to Australias current franchise
OR make a general statement about exclusion and the franchise.
Total

(c)

(20 marks)

Marks

34

2
1
4

With reference to a country other than Australia, identify and discuss two ways in which it
upholds or undermines popular participation.
(6 marks)
Description
Identify a country other than Australia.
Identify two ways it upholds OR undermines popular participation.
Ways popular participation is upheld could include: extensive franchise;
pressure groups and political parties operate without
censorship/limitations; elections being free and open to all; free media.
Ways popular participation is undermined could include: restrictive
franchise; censorship and restrictions imposed on pressure groups and
political parties; elections being restricted in terms of candidates and
voting; media censorship.
Discuss each way identified.
Cites specific and relevant information in the discussion.
Identify a country other than Australia.
Identify two ways it upholds OR undermines popular participation.
Outline each way identified.
Cites limited specific and relevant information in the discussion.

Marks

56

34

POLITICS AND LAW

STAGE 3

10

MARKING KEY

Question 6(c) (continued)

Description
Identify a country other than Australia.
Identify one or two ways it upholds OR undermines popular participation
OR make a general statement concerning how it does so.
Total
(d)

Marks
12
6

With reference to one individual or group, identify and evaluate two aspects of their
experience in the Australian political and legal system.
(8 marks)
Description
Identify the individual or group.
Identify two aspects of their experience in the Australian political and
legal system.
Discuss each aspect of the experience with specific and relevant
information.
Make an evaluation of the experience of the individual or group in the
Australian political and legal system.
Identify the individual or group.
Identify two aspects of their experience in the Australian political and
legal system.
Discuss each aspect of the experience with relevant information.
Identify the individual or group.
Identify two aspects of their experience in the Australian political and
legal system.
Outline one/two aspects of the experience with limited information.
Identify the individual or group.
Identify one or two aspects of their experience in the Australian political
and legal system
OR make a general statement about the experience of an individual or
group in the Australian political and legal system.
Total

Marks

78

56

34

12
8

POLITICS AND LAW

STAGE 3

11

Section Three: Extended response

MARKING KEY
50% (50 Marks)

Part A: Unit 3A
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.
Description
Note: Responses satisfying most of these criteria would achieve top marks.
Responses with some of these criteria would achieve at least 21 marks.

Marks

Identify and discuss the reasons for the growth in the financial dominance of
the Commonwealth governments over a number of decades which could
include: the Uniform Tax decision (1942); the growth of the excise power (s.90)
confirmed in the Ha decision (1997); the introduction of the GST and the power
of the Commonwealth to distribute revenue to the States; the decline in the
types of revenue collected by the States over several decades which now
mainly include payroll taxes, gaming taxes, stamp duty collections especially
from real estate transactions and licensing fees.
Discuss the consequences of the increased revenue base of the
Commonwealth compared to the States and the ensuing dominance which
could include: vertical fiscal imbalance; the Grants Commission; horizontal
fiscal equalisation; increased use of tied grants/ specific purpose payments
(SPPs) and control of residual powers such as health, education and the
environment.
Identify and discuss at least two other factors responsible for the imbalance in
the federal relationship which could include: High Court decisions expanding
the scope of legislative power of Commonwealth governments such as
external affairs power decisions s.51(29) and corporations power decisions
s.51(20); the referral of powers to the Commonwealth by the State(s) s.51(37);
the willingness of States to enter into co-operative arrangements with the
Commonwealth such as the management of the Murray River system,
complementary Commonwealth/ State legislation to bring about national
corporate regulation, national approaches to gun laws, school curriculum,
particular criminal matters; the effect of referendums of recent decades on the
federal balance.

2125

Make an evaluation and form a conclusion based on the evidence presented,

of whether the present power of the Commonwealth government over State
governments is due only to the growth of the financial dominance of the
Commonwealth governments over a number of decades or whether other
factors have also been involved, using relevant political and legal terminology.
The focus of the claim is evident throughout the discussion: the present power
of the Commonwealth government over State governments within the
Australian federal system; the growth of the financial dominance of the
Commonwealth governments over a number of decades.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 16 marks.
Identify and discuss some reasons for the growth in the financial dominance of
the Commonwealth governments over a number of decades.

1620

POLITICS AND LAW

STAGE 3

12

MARKING KEY

Question 7 (continued)

Description
Discuss some consequences of the increased revenue base of the
Commonwealth compared to the States and the ensuing dominance.

Marks

Identify and discuss at least one other factor affecting the imbalance in the
federal relationship.
Present a conclusion based on the evidence, with some attempt at evaluation,
regarding the claim whether the present power of the Commonwealth
government over State governments is due only to the growth of the financial
dominance of the Commonwealth governments over a number of decades or
whether other factors have also been involved, using relevant political and
legal terminology.

1620

The focus of the claim is evident throughout the discussion: the present power
of the Commonwealth government over State governments within the
Australian federal system; the growth of the financial dominance of the
Commonwealth governments over a number of decades.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 11 marks.
Identify and discuss some increments in financial dominance of the
Commonwealth governments over a number of decades.
Make reference to at least one consequence of the increased revenue base of
the Commonwealth compared to the States and the ensuing dominance.
Could identify other factor(s) affecting the imbalance in the federal relationship.
Present a discussion rather than any evaluation regarding the present power of
the Commonwealth government over State governments and whether or not it
is due only to the growth of the financial dominance of the Commonwealth
governments over a number of decades or whether other factors have also
been involved.

1115

Present a conclusion that addresses the claim to a limited extent using some
relevant political and legal terminology.
Some reference is made to: the present power of the Commonwealth
government over State governments within the Australian federal system; the
growth of the financial dominance of the Commonwealth governments over a
number of decades
OR discusses only financial dominance.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 6 marks.
Identify and outline some increments in financial dominance of the
Commonwealth governments over a number of decades
AND/OR make reference to the consequence of the increased revenue base of
the Commonwealth compared to the States and the ensuing dominance
AND/OR identify or make a general statement concerning other factor(s)
affecting the imbalance in the federal relationship.
Present statements regarding the present power of the Commonwealth
government over State governments and whether or not it is due only to the
growth of the financial dominance of the Commonwealth governments over a
number of decades or other factors are also involved.
Present a conclusion using limited relevant political and legal terminology.

610

POLITICS AND LAW

STAGE 3

13

MARKING KEY

Description
Note: Responses demonstrating no understanding would achieve at the bottom
of this range of marks.
Demonstrate minimal or no understanding of the power of the Commonwealth
government over State governments; the federal balance; the place of financial
dominance within the federal balance.
Present minimal statements with minimal or no political and legal terminology.
Total
Question 8

Marks

15

25
(25 marks)

The powers of the Prime Minister are considerable, but so are the limits.
Evaluate the validity of this claim.
Description
Note: Responses satisfying most of these criteria would achieve top marks.
Responses with some of these criteria would achieve at least 21 marks.

Marks

Identify at least three powers of the Prime Minister which could include: leader
of the political party in power; heads the Cabinet and sets its agenda; ability to
advise the Governor-General; has the power of patronage both within and
outside government; the timing of elections for the House.
Identify at least three limits on the power of the Prime Minister which could
include: the parliamentary party especially the ALP compared to the LPA;
coalition or minor party /independents alliances; constitutional restraints vis a
vis the Governor-General; the possible restraining influence of a Senate.

2125

Discuss the powers and limits identified making reference to at least two Prime
Ministers, events, issues using relevant information and examples.
Make an evaluation and form a conclusion regarding the claim on whether or
not the powers of the Prime Minister are considerable and whether or not the
limits are equally significant, based on the evidence presented using relevant
political and legal terminology.
NB: This is not a discussion concerning the sources of Prime Ministerial power
per se.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 16 marks.
Identify at least two powers of the Prime Minister.
Identify at least two limits on the power of the Prime Minister.
Discuss the powers and limits identified making reference to at least two Prime
Ministers, events, issues.
Use relevant information and examples.
Present a conclusion based on the evidence presented, with some attempt at
evaluation, regarding whether or not the power of the Prime Minister is
considerable and the limits on the power of the Prime Minister are significant
using some relevant political and legal terminology.
NB: This is not a discussion concerning the sources of Prime Ministerial power
per se.

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STAGE 3

14

MARKING KEY

Description
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 11 marks.

Marks

Identify some powers of the Prime Minister.

Identify some limits on the power of the Prime Minister.
Discuss the powers and limits identified making some reference to at least one
Prime Minister, event, issue and use some relevant information and examples.

1115

Present a discussion without evaluation regarding the power of the Prime

Minister and the limits on the power of the Prime Minister.
Present a conclusion that addresses the claim to a limited extent using some
relevant political and legal terminology.
NB: This is not a discussion concerning the sources of Prime Ministerial power
per se.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 6 marks.
Identify some powers of the Prime Minister.
Identify some limits on the power of the Prime Minister.
Outline or make general statements regarding the powers and limits identified.

610

Make limited reference to particular Prime Ministers.

Present statements concerning the claim that the powers of the Prime Minister
are considerable but so are the limits using limited political and legal
terminology.
Note: Responses demonstrating no understanding would achieve at the bottom
of this range of marks.
Demonstrate minimal or no understanding of the power of the Prime Minister
and the limits on those powers.
Present minimal statements with minimal or no political and legal terminology.
Total

15

25

POLITICS AND LAW

STAGE 3

15

MARKING KEY

Part B: Unit 3B
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.
Description
Note: Responses satisfying most of these criteria would achieve top marks.
Responses with some of these criteria would achieve at least 21 marks.

Marks

Identify the powers that the Governor-General may exercise which could
include: the reserve powers which are the power to dissolve the House of
Representatives (s.5), the power to appoint and dismiss ministers (s.64), the
power to dissolve both Houses of Parliament simultaneously (s.57); and the
express powers that the Governor-General in Council may exercise on the
advice of a Prime Minister.
Identify the powers that a Minister may exercise which could include: propose
policy; selection/removal of senior public servants; final administrative
decisions in relation to the portfolio such as immigration and the granting and
cancelling of visas.
Discuss the powers identified for each of the Governor-General and Ministers
but not necessarily equally. There is an expectation that particular GovernorsGeneral and Ministers are referred to in the discussion.
Identify the means or otherwise that the Governor-General is held accountable:
no formal means; importance of media and public opinion/ confidence.

2125

Identify the means by which Ministers are held accountable which could
include: Question Time in Parliament; censure motions /votes of no confidence
in the House of Representatives compared to the Senate; informal means such
as the media and public pressure advocating censure or resignation for
breaches of probity.
Make reference to particular Governors-General and Ministers in the
discussion to illustrate arguments.
Make an assessment of the extent to which the Governor-General and
Ministers are held accountable using relevant political and legal terminology.
Present a conclusion, based on the evidence regarding the powers the
Governor-General and Ministers may exercise and whether or not, or the
extent to which the Governor-General and Ministers are held accountable.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 16 marks.
Identify the powers that the Governor-General may exercise.
Identify the powers that a Minister may exercise
Discuss the powers identified for each of the Governor-General and Ministers
but not necessarily equally.
Identify the means or otherwise that the Governor-General is held accountable.
Identify the means by which Ministers are held accountable.
Make some reference to Governors-General and Ministers in the discussion.
Present a conclusion, based on the evidence regarding the powers the
Governor-General and Ministers may exercise and whether or not, or the
extent to which the Governor-General and Ministers are held accountable.

1620

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STAGE 3

16

MARKING KEY

Question 9 (continued)
Description
Present a mostly reasoned, balanced and coherent but limited assessment of
the extent to which the Governor-General and Ministers are held accountable
using relevant political and legal terminology.
If only one of the Governor-General OR Ministers is discussed and an
assessment is made then it could achieve at the lower end of this
mark range.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 11 marks.

Marks

1620

Identify some powers that the Governor-General may exercise.

Identify some powers that a Minister may exercise.
Discuss the powers identified for each of the Governor-General and Ministers
but not necessarily equally.
Identify how the Governor-General is held accountable.
Identify how Ministers are held accountable.

1115

Make some reference to Governors-General and Ministers in the discussion.

Present a conclusion stating the extent to which the Governor-General and
Ministers are held accountable.
Present a discussion with some reason, balance and coherence of the extent
to which the Governor-General and Ministers are held accountable using some
political and legal terminology.
OR discusses only one of, the powers the Governor-General or Ministers with
no assessment of the extent to which Governor-General or Ministers are held
accountable.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 6 marks.
Identify some powers that the Governor-General and/or Minister may exercise.
Present statements regarding the powers identified for the Governor-General
and/or Ministers.
Identify how the Governor-General and/or Ministers are held accountable.

610

Make limited reference to Governors-General and/or Ministers.

Present concluding statements regarding the powers that the GovernorGeneral and Ministers may exercise and the extent to which the GovernorGeneral and/or Ministers are held accountable with limited use of political and
legal terminology.
Note: Responses demonstrating no understanding would achieve at the bottom
range of marks.
Demonstrate little or no understanding of the powers of the Governor-General
and/or Ministers and the extent to which each is held accountable.
Present minimal statements with little or no political and legal terminology.
Total

15
25

POLITICS AND LAW

STAGE 3

17

MARKING KEY

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 accountability of the executive and
public servants and assess the extent to which each contributes to the operation of open
government in Australia.
Description
Note: Responses satisfying most of these criteria would achieve top marks.
Responses with some of these criteria would achieve at least 21 marks.
There is no expectation that each aspect of the question will be examined
equally but all would be considered.

Marks

The meaning of accountability of the executive and open government will be

apparent within the discussion.
Accountability of the executive and public servants could refer to the extent
that the actions, decisions of the Prime Minister/Cabinet/Ministers/public
servant can be scrutinised.
Open government could refer to the degree to which the processes of
government are transparent and/or sufficiently explained to the Parliament/
public.
Discuss the role of the High Court of Australia and either the Administrative
Appeals Tribunal or Royal Commissions in terms of accountability of the
executive.
Role of the High Court re executive accountability is its ability to review
decisions/actions of the executive through judicial review which could include:
decisions/actions by the executive in terms of the High Courts original
jurisdiction s.75 (3) and (5) ; the constitutional validity of executive decisions
including Combet and others v Commonwealth of Australia (2005) that the
Governments multi-million dollar industrial relations advertising campaign was
outside the authority of the Budget Bills the Court ruled that the campaign
was covered by the Appropriation Act; Plaintiff M70/2011 v Minister for
Immigration and Citizenship (2011) regarding the validity of the Australian and
Malaysian Governments arrangement to remove and resettle particular people
from Australia to Malaysia.
Role of the Administrative Appeals Tribunal re executive accountability is its
ability to review a broad range of government decisions made by (amongst
others) Ministers and public servants with delegated authority which have been
outlined in the appropriate Act. What can be reviewed is limited by the Act. The
tribunal has no power to consider the constitutional validity of particular laws or
the legality of government decision-making. The AATs reviews are of the merit
of decisions and whether a decision was correctly based on law and
government procedures. Any party affected by a decision of the executive may
appeal to the AAT- it is relatively straightforward and cheap and most
applications are concerned with Taxation and Social Security decisions.
Appeals are possible from the AAT to the Federal Court.
Role of Royal Commissions re executive accountability is, after being
established, its far reaching powers of investigation and questioning of
witnesses in relation to a specific matter or issue. The current (2014) Pink
Batts RC is an example of the scrutiny of executive actions in the Rudd
government- PM, Ministers, public servants and/ or decisions and who is
responsible for the mistakes that ensued. The (2005) Cole Inquiry into the UN
oil-for-food- programme and the questioning of PM Howard and Ministers
Downer and Vale.

2125

POLITICS AND LAW

STAGE 3

18

MARKING KEY

Question 10 (continued)
Description
Discuss how/if the HCA and either the AAT or RCs are able to keep the
executive and public servants accountable. Can the executive frustrate/limit/or
ignore these bodies in their accountability role making reference to pertinent
examples, information.
Discuss how/if the HCA and either the AAT or RCs, through their role
contribute to the operation of open government.

Marks

Make an assessment of the extent to which the High Court and either the AAT
or RCs contribute to the practice of open government using relevant political
and legal terminology.

2125

Present a conclusion, based on the evidence regarding the role of the High
Court and either the AAT or RCs in terms of executive accountability and
whether or not, or the extent to which each contribute to the operation of open
government in Australia.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 16 marks.
There is no expectation that each aspect of the question will be examined
equally but most would be touched on.
The meaning of accountability of the executive and open government will be
apparent within the discussion.
Accountability of the executive and public servants could refer to the extent
that the actions, decisions of the Prime Minister/Cabinet/Ministers/public
servant can be scrutinised.
Open government could refer to the degree to which the processes of
government are transparent and/or sufficiently explained to the Parliament/
public.
Discuss the role of the High Court of Australia and either the Administrative
Appeals Tribunal or Royal Commissions in terms of accountability of the
executive and public servants making reference to some examples in the
discussion
Discuss how/if the HCA and either the AAT or RCs are able to keep the
executive and public servants accountable. Can the executive and public
servants frustrate/limit/or ignore these bodies in their accountability role making
reference to pertinent examples, information.
Discuss how/if the HCA and either the AAT or RCs, through their role
contribute to the practice of open government
Present a conclusion with little assessment of the extent to which the High
Court and either the AAT or RCs contribute to the operation of open
government using relevant political and legal terminology.
OR if only one of the High Court of Australia, the AAT OR RCs is discussed
and an assessment is made then it could achieve at the lower end of this mark
range.

1620

POLITICS AND LAW

STAGE 3

19

MARKING KEY

Question 10 (continued)
Description
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 11 marks
There is no expectation that each aspect of the question will be examined
equally.

Marks

Accountability of the executive and open government will be addressed

within the discussion.
Discuss the role of the High Court of Australia and either the Administrative
Appeals Tribunal or Royal Commissions in terms of accountability of the
executive and public servants making reference to limited examples in the
discussion.
Discuss how/if the HCA and either the AAT or RCs are able to keep the
executive and public servants accountable.

1115

Outline how/if the HCA and either the AAT or RCs, through their role contribute
to the operation of open government.
Present a conclusion stating the extent to which the High Court and either the
AAT or RCs contribute to the operation of open government using some
relevant political and legal terminology.
OR discusses only one of the High Court, the AAT or RCs in terms of
accountability of the executive with no assessment of the extent that it
contributes to the practice of open government in Australia.
Note: Responses satisfying most of these criteria would achieve at the top of
this range of scores. Responses with some of these criteria would achieve at
least 6 marks.
There is no expectation that each aspect of the question will be examined
equally.
Outline the role of at least one of: the High Court of Australia, the
Administrative Appeals Tribunal, Royal Commissions in terms of accountability
of the executive and public servants and/or open government.
Limited reference to examples.
Outline how/if the HCA and/or the AAT or RCs are able to keep the executive
and public servants accountable.

610

Outline how/if the HCA and/or the AAT or RCs, through their role contribute to
the operation of open government.
Present concluding statements regarding the High Court and/or the AAT or
RCs and their contribution to the operation of open government using limited
political and legal terminology.
Note: Responses demonstrating no understanding would achieve at the bottom
range of marks.
Demonstrate little or no understanding of the role of: the High Court/
Administrative Appeals Tribunal/Royal Commissions; accountability of the
executive and public servants; the operation of open government.
Present minimal statements and no discussion with little or no political and
legal terminology.
Total

15

25

ACKNOWLEDGEMENTS
Section One
Question 4

Definition of a cultural right adapted from: Naik, A. (2003). Right to

culture. [United States]: Human Rights Education Associates. Retrieved
from www.hrea.org/index.php?base_id=157

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