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.
.