The Advantages & Disadvantages of Austrlaia's System of Governance

    Our federal system of government means that our states have quite different laws in some areas and that the courts in different states come to different conclusions. Discuss the advantages and disadvantages of this system.

The Australian Federal system of government entitles each state and territory to have varying laws. This system of governance allows for courts in different states to come to different conclusions when a court hears a case. The advantages and disadvantages of this system will be discussed further. Each state and territory has the explicit ability to create laws that they may have a vested interest in. Laws within Australia are built upon several doctrines that are specified in the Australian Constitution one of which is ‘separation of powers.’ The principal of precedent or the authority of appellate courts, binds all Australian courts, excluding the High Court of Australia. The Australian system of government allows each jurisdiction to enforce laws according to their interests.

The ability for states to create laws that they may have an interest in comes from the Australian Constitution. Section 51 of the Constitution of Australia specifies the areas, which the Federal Government has legislative power while powers not included are known as ‘residual powers.’ (AustLII) This system has advantages for the Federal Government which is able to introduce laws that will override state legislation if it exists on the matters specified in the section. This section lists 40 matters that the Federal government may legislate on. The introduction reads:

"The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth." (Section 51)

Although this may be seen as a disadvantage the matters covered are those that one would expect a "responsible government" to control such as international trade, taxation, postal and immigration. (Wikipedia) Matters not covered by Federal legislation are left for the states to determine. Commonwealth legislation also prevails should state legislation be inconsistent with the law of the commonwealth:

"When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid." (Section 109)

Furthermore the Australian federal system of government is divided up into three categories; legislative, executive and judicial. (PEO) In Australia there are nine legal systems, though confusing at first it breaks laws up depending upon the state you live in, which may be seen as an advantage for most Australians:

"The eight state and territory systems and one federal system. However, it is the state and territory criminal laws that mainly affect the day-to-day lives of most Australians." (DOFAT, paragraph 6)

The ability for states to have different laws means the courts of each state may come to a different conclusion. While many laws vary throughout the states one law of interest to journalists should be the Defamation Act for the state they reside in. Pearson & Polden specify the main variations in the acts are the roles of judges and the jury:

"Juries are not used in civil trials in South Australia, the ACT or the Nothern Territory, so judicial officers perform all roles in those jurisdictions."(Pearson, page 186)

The absence of a jury in the states mentioned could mean matters are not resolved as "openly" as what they could be if a jury was present. This would affect the decisions of courts in other states, however the inferior courts would look to similar cases resolved by higher courts.

Although Australia's system of governance varies between the states it allows each state to make laws in the best interests of their voters, those in court are still protected and entitled to a fair trial.

Works cited:

AustLII. "Commonwealth of Australia Constitution Act." Web 10 May 2013. 
                URL <http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/>

Australian Government, Department of Foreign Affairs and Trade (DOFAT)."Legal system." Inc February 2012. Web 8 May 2013.
                URL <http://www.dfat.gov.au/facts/legal_system.html>

Parliamentary Education Office (PEO). "Separation of Powers: Parliament, Executive and Judiciary." Inc. 18 October 2012. Web 8 May 2013.
                URL         <http://www.peo.gov.au/students/fact_sheets/separation_powers_parliament_executive_judiciary.html>

Pearson, Mark & Mark Polden." 4th Edition The Jouranlist's Guide to Media Law." Allen & Unwin, 2011. Print

Wikipedia: The Free Encyclopedia. Wikimedia Foundation, Inc. "Responsible government."         31 March 2013. Web 8 May 2013.
                URL <http://en.wikipedia.org/wiki/Responsible_government>

Wikipedia: The Free Encyclopedia. Wikimedia Foundation. "Section 51 of the Constitution of       Australia." Inc. Web. 7 May 2013. Web 8 May 2013.
                URL <http://en.wikipedia.org/wiki/Section_51_of_the_Constitution_of_Australia>

Newsrooms and the Video Journalists

How do you achieve equitable representation in new production? Inclusion in discussions/roles, positive images, integration, alternative channels of communication.

Video Journalism and the Press - Professional standards, rules of inverted pyramid, citizen journalism.

Privacy Laws and Australia

Confidentiality

Intruding into private lives of citizens, even though these people might appear as leading very 'public lives'.

Bodies of law protect people's 'right to privacy.' However, no tort of privacy in Australia.

Right to privacy has not received a great deal of attention until situations like the death of Princess Diana.

Given the rise to several privacy laws in the UK and other European countries.

No common law for right to privacy in 'Australia.'

The Australian Law Reform Commission, recommends that Australia should have a privacy law that identifies several types of invasions; interference with a person's home or family, subjecting someone to unauthories surveillance, interference with or disclosure of an individual's private communications.

ICCPR - International Covenant on Civil and Political Rights

Australia is a signatory to the ICCPR which in article 17 the ICCPR states

Article 17 mandates the right of privacy.^[50] This provision, specifically article 17(1), protects private adult consensual sexual activity, thereby nullifying prohibitions on homosexual behaviour,^[51] however, the wording of this covenant's marriage right (Article 23) excludes the extrapolation of a same-sex marriage right from this provision.^[52] Article 17 also protects people against unlawful attacks to their honor and reputation. Article 17 (2) grants the protection of the Law against such attacks ^[50]

The Australian Government accepts the principal right to privacy. 

Privacy in Australia works on the common law principle - If there is no precedent in Australia what do we do? What does this imply in terms of privacy.

Privacy Act 1988: Confers a degree of enforcement power upon the Federal Court and Federal Magistrates Court to protect privacy but focuses on private information held by government departments and large corporations.Designed to protect a consumer from having their personal details released.

Do we need a privacy tort? - Who would have predicted there would be serious talk of a statutory privacy tort in Australia, giving private individuals who feel their privacy as been breached the right to sue? But then again, who would have predicted a phone hacking scandal to engulf the Murdoch press?

Define: Tort is a common law, a civil wrong.

If you trespass you're liable for trespass if: You enter land or premises without the consent of the occupier, you remain there when permission to be there has been withdrawn, you place an object like a listening device or camera on someone else's land or in their premises.

Nuisance - Very limited area of law - Protects an occupier's use of enjoyment of his or her land from unreasonable interferences. Injuction can be granted or damages, a nuisance has to be persistent and annoying for it to be actionable.

Obscenity and Decency

• As much an issue of public taste as it is of privacy. 
• Good taste / bad taste v.right or wrong. 
• Public test. 
• Decision rest with the publisher and editor rather than the journalist. 
• A range of provision apply to obscene or indecent material. 
• Each state and territory has laws restricting this kind of publication. 

The Confidentiality of a Child - The right to privacy for children is in the best interests of the child partly because as they grow, they will learn to use their rights properly. Read A summary of the rights under the Convention on the Rights of the Child.

Exercise find a story where a journalist has faced jail time due to not revealing a source...  Fox News Reporter Facing Jail For Protecting Source - Mainstream Media Yawns, Raising Questions Of Liberal Bias

Summary of article: US Journalist Jana Winter was assigned by Fox news to cover the aftermath of "The Dark Night Rises” shooting. A few days after the incident Winter revealed information about the alleged killer James Holmes who had sent a notebook to a University of Colorado psychiatrist.

The allegations is that Winter's story was based on information obtained from unnamed law enforcement sources. Furthermore a county judge had previously issued a gag order in the days following the shooting.

The defense argued to the judge that it was necessary to force the Fox News reporter to disclose her sources.

"Sources that were, according to Mr. Holmes (the offender)’ defense attorneys, prevented from discussing the case pursuant to a gag order issued by County Judge William Sylvester."

Unlike the past travails of reporters put in this difficult position, few media outlets—with the exception of Fox News and some conservative blogs—are reporting the story. Never mind that each of these ignoring media services were all to willing to re-report the story after Winter broke it via Fox News.