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Report on the Australian Law

Category: Law Paper Type: Report Writing Reference: APA Words: 2250

Table of Contents

Introduction: 2

Constitution of Australia: 2

Functions of the high court in Australia; 3

Discussion: 3

Separation of powers: 3

Division of power: 3

Commonwealth Parliament: 4

Federal judicature: 4

Selection criteria: 4

Demonstration by applicants: 5

Selection processes: 5

Advantages of open selection system: 6

Challenges in open selection system: 7

Conclusion: 7

References:

Introduction of the Australian Law

Law of the country with its implementation is mandatory as it provides specific guidelines for society. There can be arises of conflict between different communities and societies in the absence of law so it is compulsory to form with its proper enforcement. Its proper enforcement in a system provides systematic and predictable mechanisms which can be helpful in resolving disagreements. There is parliamentary democracy in Australia. Its constitution was established in 1901 in the form of the federal system in the Australian government. Distribution of power is done under this system between the national government and its six states. With it, boundaries for lawmaking are defined between the states and commonwealth. Its six states are New South Wales, South Australia, Queensland, Victoria and Western Australia with the three governing territories that are Australian Capital Territory, Norfolk Island, and Northern Territory. At the time of colonization, the legal system of Australia was inherited from England as a common law system. The decisions are made on the basis of cases and on the basis of legal rules.  

A high court in Australia is considered as the highest court and it applies and interrupts all laws of Australia. It takes the decision on special cases of federal significance with acceptance of all the challenges for the validity of the law and responds to hear appeals by special leave from the state, federal and territory courts. Mostly it takes decisions on the cases against the lower courts. Its members are appointed by the Supreme Court after getting approval from the chief justice of the Supreme Court. Certain rules are provided by the government of Australia as they are followed strictly. There are almost 160 judges in the high court. All the people in Australia either they belong to this country or not are treated equally. Laws are there for assurance that there is no inequity behavior with non-Australian members.

Constitution of Australia act

Australian Constitution Act 1900 was passed by the United Kingdom and it has its proper significance because it created federal commonwealth that is compromising for the Commonwealth of Australia and all states. A federal system of government was established by this constitution and powers are distributed under the umbrella of this to different federal governments and its states (Turner, 2015). This explains executive power. There are independent legislative powers which are not assigned to the federal government. The first priority of the government of Australia is maintaining proper judicial functions and providence of proper rights to the people of Australia with less and reduced inequity.

Functions of the high court in Australia

They interrupt and apply the laws of Australia and fulfill them in an authentic way.
It takes decisions on challenges faced by the federal government and states.
 It takes a decision on the decisions that are not judged properly by lower courts.

Discussion on of the Australian Law

Separation of powers to govern Australia

There is a need for a lot of power to govern Australia. This power holding is divided into three various groups of people and they have the ability to balance each other. Power of each group is checked by the other two groups. In that way, the governance of Australia by one person is stopped and the legal structure is maintained in a proper way. Parliament has the right to take decisions in a legislative way and can make amendments in-laws for the country. Executive power has right for implementation of laws that are governed by the government of states. The high court has given power by judicial power to make decisions about laws that either they are legal or not according to the constitution.

Division of power Law

Legislative power that is not mentioned as part of commonwealth remains in the state. Between the Commonwealth parliament and state parliament, powers are equally divided. Concurrent power is the kind of power in which parliaments of both states and commonwealth has the right to make the decision of laws and its example can be taken as taxation power in different states of Australia. If the laws have consistency with commonwealth then states can be excluded from these areas. The powers included in it can be defense powers, custom duties and power to implement their decisions. The legal trend power is also included in it for making laws for the government (Bailey, H., & Bell., 2011).

Commonwealth Parliament of Australian national government

Australian national government heart is considered as a parliament. It is consisting of Queen that is represented by governor general and senate house with the House of Representatives. Australia is considered a constitutional monarchy and parliamentary democracy because of these three elements. Five important functions of the parliament of Australia are mentioned as:

·         It is providing the formation of the strong government of Australia.

·         It is providing a proper legislative system in Australia along with its proper enforcement.

·         Funds that are required by the government is provided by parliament which is further used by the government for the usage of people along with usage in the legal structure and implementation.

·         For popular representation all over the world, a forum is provided by it.

·         All the governmental actions are scrutinized by it.

Federal judicature of Australia

Other courts such as parliament with the establishment of the high court of Australia is created by the constitution provided. Governor-general in council appointed high court judges by following the advice of federal executive council and judges are hired on basis of open selection with passing out by tough criteria for making decisions in judiciary way. Laws of Australia are checked out by the high court that either they are implemented by people or not. 

Selection criteria of Australia

There is an open merit system for hiring along with better knowledge, personal qualities, and core skills with experience for the specific position and requirements are according to the desired position (Koerner, 2015). Assessment of any applicant in the high court is based on these qualities.  Experience is the basic demand with the developed skills under which selection is done and anyone can apply for positions in the high court as everyone is counted as equity in the legal system of Australia and a person with specific qualities will be hired as a member with no biases.

Demonstration by applicants of Australia

They must provide their higher level of experience with the knowledge-based skills with security management practices which include implementing required protective security policy framework.

There must be creative capabilities in the person with innovative ideas for making clear decisions. A person must have lateral approaches for delivery of required outcomes and new emerging technologies for security within a prescribed budget by considering large complex public building.

There must be proficiency in Microsoft applications with strong leadership skills and effective interpersonal skills. A person must have communication as well as organizations with contract management and problem-solving skills and must have enough experience to work under minimum supervision as part of a small team.

He must have the capability to demonstrate its knowledge and have the capacity to apply the code of conduct of high court with participative management practices and workplace diversity principles. He must have the experience to conduct work with safety conditions and cooperation with other team members in a specific environment. 

Selection of Australian high court members

Selection of Australian high court members are done on an open merit system in which conditions are announced and forms are collected from applicants. If someone falls in criteria selected by the high court then they are called for an interview and several processes. These selection processes are mentioned as below according to which a person gets hired in the high court for performing judiciary functions:

Firstly, knowledge is demonstrated with checking its capability to hire in high court according to the code of conduct and the selection criteria that are above mentioned. If a person is passed in these criteria then he will consider eligible for the desired post otherwise he will reject because hiring in the high court of Australia is based on open system and fair means with no biases (Weiden & L, 2011).

 For the advertised vacancy, the application is delivering to a selection advisory committee for proper consideration. If they measure required parameters then the applicant will be in further procedure. This overview is done on the basis of written assessment done by the applicant and they measure every criterion and its matching to the required qualities.

After that overview, call for an interview is conveyed to the applicant and they are provided with the information related to location and time for the conduction of the interview. The interview can be taken in the form of general question answers or practical assessments and even in the form of presentations. If there is a need to prepare anything specific than at the time of call, it is notified to the applicant.

After the interview was done, the referee comments will be taken into consideration. Choice of the referee is in the applicant who more can effectively judge their current skills and abilities with determining their experience and work performances and checking its relevance to the duties of the designated position.

If an applicant is approved in all criteria then an approval report is written on bases of which an applicant gets the desired job in the high court of Australia.

Advantages of open selection system

It ensures the qualification of applicants during open selection as candidates are in the basis of merit and they get a position by tough competition of examination and interviews. They are more skilled and are more beneficial for high court with the making decisions on the basis of their own skills and experiences.

From political and personal arenas, appointments and promotions are removed as it can cause more benefits to the high court.

 

Notice of position vacancies are received by all the concerned people via public notice and all the announcements are delivered with statement and eligibility criteria.

 Equal rights are provided to the public to get employment with proper hiring by professionals who do not bias and actual skilled persons are hired for making right decisions.

 Job is protected as people are hired on merit. Hired persons are passed through a specific probation period after that they get their job in high courts where they work under or with the judiciary to make better implementations of laws with proper enforcement.

Personal commission rules are maintained by the district and all the rules of the high court are clearly mentioned to applicants as they will properly follow it.

It gives assurance to the public that there is no biases and corruption in seats of the high court and rules related to it. People get satisfied with the open merit system.

The high court found the right persons with the help of open selection as a proper procedure is followed for hiring along with interviews and testing performances.

The people hired better know about high court objectives and make appropriate decisions with consideration of all laws and regulations.

Challenges in open selection system

There are certain challenges that are faced by the high court while doing a selection on an open system:

 The value of the hired person is determined by higher persons in a high court and in some cases, there is argue about favoritism by the higher authority.

The amount and concentration paid by the high court of Australia in determining competencies, measurements of skills of a person can better be spent on services that are provided by a high court to its public (HEATHFIELD, 2018).

Communication trouble arises by limiting the metrics and communication of supervisor to each of the employees.   

Conclusion on the Australian Law

Australia is a country with full of authentic rules and laws which have to be followed by the public of Australia and if not properly followed then application against him is submitted in judiciary committee of in court. If the person still did not get the actual decision, high court makes decisions on that cases and for it, the high court requires skilled and experienced persons which are able to take actual decisions on the base of laws set by government and parliament.

References of the Australian Law

Bailey, H., I., & Bell., M. B. (2011). Construction law in Australia. Lawbook Company.

HEATHFIELD, S. M. (2018). The Advantages and Disadvantages of Merit Pay. Retrieved 2019, from thebalancecareers:

https://www.thebalancecareers.com/the-advantages-and-disadvantages-of-merit-pay-1919083

Koerner, c. (2015). White Australian identities and Indigenous land rights. Journal for the Study of Race, Nation and Culture , 87-101.

Turner, R. (2015). The High Court of Australia and Political Science: A Revised Historiography and New Research Agenda. Australian Journal of

Political Science, 347-364.

Weiden, & L, D. (2011). Judicial Politicization, Ideology, and Activism at the High Courts of the United States, Canada, and Australia. sage j

ournals, 335-347.

 

 

 

 

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