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Australian Law Reform Worksheet

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Australian Law Reform Worksheet

Read the case study and use the law-reform pathway to answer the questions. For the final questions, give a reasoned view: more than one conclusion may be defensible.

Case study: Eatock v Bolt

In 2011, the Federal Court decided Eatock v Bolt. Pat Eatock and other people of Aboriginal descent brought a case about two newspaper articles written by Andrew Bolt. The articles questioned the identity of some fair-skinned Aboriginal people and suggested that they identified as Aboriginal for personal advantage. The applicants argued that the articles breached section 18C of the Racial Discrimination Act 1975 (Cth). In broad terms, section 18C makes certain public acts unlawful when they are reasonably likely to offend, insult, humiliate or intimidate a person or group because of race, colour or national or ethnic origin. The Court found that the articles breached section 18C. It also considered section 18D, which provides exemptions for certain things said or done reasonably and in good faith, such as genuine artistic work, academic discussion or fair reporting. The Court found that the articles did not qualify for an exemption. The case raised questions about how the law should balance protection from racial discrimination with freedom of expression. Australia does not have a general constitutional right to free speech, but political communication has some protection under an implied freedom in the Constitution. Parliament can also review laws when people raise concerns about how they work.

A possible law-reform pathway

A concern is identified → evidence and views are gathered → options are considered → a bill may be introduced to Parliament → Parliament debates and votes → if passed and given Royal Assent, the change becomes law. A law-reform commission, parliamentary committee, court decision, community organisation or member of the public may help bring an issue to attention. Not every concern leads to a change in the law.

1.Choose the strongest reason laws may need reform.

To ensure laws remain fair, relevant and effective as society changes
To make every law more complicated
To remove the need for courts
To guarantee that every person agrees with each law

2.Select all the options that could help bring a law-reform issue to attention.

A parliamentary committee
A law-reform commission
A community organisation
A member of the public
Only the High Court

3.According to the pathway, what must happen for a proposed change to become law?

4.Complete the sentence: The applicants argued that the newspaper articles breached section of the Racial Discrimination Act 1975 (Cth).

5.Choose the accurate summary of the Federal Court’s decision in Eatock v Bolt.

The Court found the articles breached section 18C and did not qualify for a section 18D exemption.
The Court found section 18C did not apply to public writing.
The Court found the articles were private conversations.
The Court ordered Parliament to repeal the whole Act.

6.In your own words, describe the kind of public act section 18C addresses. Include the role of race and at least one of the effects named in the passage.

7.Name the two interests that the case brought into tension. Explain briefly why protecting one does not automatically settle how the law should treat the other.

8.True or false: Australia has a general constitutional right that guarantees people can say anything they want.

TrueFalse

9.A community group proposes that Parliament review section 18C and section 18D, gathering evidence from affected communities, journalists, legal experts and the public before deciding whether to change either section. Give one strength and one possible limitation of this proposal.

10.Imagine you are advising a parliamentary committee. Should it keep the current provisions, propose a change, or recommend further investigation? State your recommendation and support it with two reasons linked to fairness, effectiveness or practical impact.