| NSW Department of Education

Stage 5 Commerce – Core 4: Law,

Society and Political Involvement

This resource has been designed to support teachers by providing a range of tasks based
on syllabus content. Tasks can be incorporated into context driven teaching and learning
programs in full or can be used to supplement existing programs. All content is textbook
non-specific to ensure equity.

education.nsw.gov.au
Contents
Overview...................................................................................................................................................
Outcomes.............................................................................................................................................
Learning sequence 1: The role and structure of the legal system............................................................
Nature of law and reasons for laws......................................................................................................
Roles and responsibilities of levels of government...............................................................................
Key features of Australia’s court system...............................................................................................
Role of legal personnel and role and selection of juries.......................................................................
How laws are made..............................................................................................................................
Significance of customary law for Aboriginal and Torres Strait Islander peoples.................................
Types of law.........................................................................................................................................
Learning sequence 2: Law reform, political action and decision-making.................................................
How and why laws are reformed..........................................................................................................
Influencing politicians...........................................................................................................................
HPGE extension activity.......................................................................................................................
The referendum process......................................................................................................................
Learning sequence 3: Participation in the democratic process................................................................
Rights and responsibilities in the democratic process..........................................................................
How an election is conducted...............................................................................................................
The role of political parties and independent representation................................................................
The process of developing government policy.....................................................................................
Significance of a parliament majority, hung parliament and minority government................................
The separation of powers.....................................................................................................................
Assessment task: Law reform..................................................................................................................
Outcomes.............................................................................................................................................
Syllabus content...................................................................................................................................
Task......................................................................................................................................................
Marking criteria.....................................................................................................................................
Appendix 1: Conducting a mock trial.......................................................................................................
Reviewing the crime scenario...............................................................................................................
Planning the case for court...................................................................................................................
Presenting the case at the mock trial....................................................................................................
Reflecting on justice.............................................................................................................................
References..............................................................................................................................................

1 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Overview
In this unit, students develop an understanding of how laws affect individuals and groups
and regulate society, and how individuals and groups participate in the democratic
process. Students examine various legal and political systems and learn how strategies
are used to resolve contentious legal and political issues.

The following skills should be integrated in this topic as appropriate: developing questions,
gathering and processing relevant information, analysing familiar and new situations,
evaluating options, developing and implementing plans, developing evidence-based
conclusions/decisions and reasoned arguments, working independently and
collaboratively.

Outcomes
A student:

 COM5-1 applies consumer, financial, economic, business, legal, political and

employment concepts and terminology in a variety of contexts

 COM5-2 analyses the rights and responsibilities of individuals in a range of

consumer, financial, economic, business, legal, political and employment contexts

 COM5-3 examines the role of law in society

 COM5-4 analyses key factors affecting decisions

 COM5-5 evaluates options for solving problems and issues

 COM5-6 develops and implements plans designed to achieve goals

 COM5-7 researches and assesses information using a variety of sources

 COM5-8 explains information using a variety of forms

 COM5-9 works independently and collaboratively to meet individual and collective

goals within specified timeframes

 Related Stage 4 outcomes: COM4-1, COM4-2, COM4-3, COM4-4, COM4-5,

COM4-6, COM4-7, COM4-8, COM4-9.

© NSW Department of Education, Apr-24 2

Outcomes and other elements of syllabus references in this document are from Commerce
7-10 Syllabus © 2019 NSW Education Standards Authority (NESA) for and on behalf of
the Crown in right of the State of New South Wales.

3 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Learning sequence 1: The role and
structure of the legal system

Note: This topic presents an opportunity for a site study to be integrated into the teaching
of commerce. Examples may include the law courts or NSW Parliament. Virtual options
are also available, for example, the Parliament of NSW Virtual tour. As parts of this
learning sequence relate to courts and their operation, sensitivity should be used to ensure
that students who have interacted with courts, for example the family court, are not
adversely affected.

Students:

 investigate the nature of laws and the reasons for laws in society in relation to values,
morals and ethics

 describe the roles and responsibilities of the three levels of government, including the
division of powers (ACHCK048)

 identify key features of Australia’s court system, including the High Court and its role
in interpreting the Australian Constitution (ACHCK077, ACHCK092)

 describe the role of legal personnel and the role and selection of juries

 explain how laws are made, including common and statute law (ACHEK063)

 investigate the significance of customary law for Aboriginal and Torres Strait Islander
Peoples and changes in its recognition over time (ACHCK064)

 outline types of law, including public and private, criminal and civil, domestic and
international (ACHEK064).

Nature of law and reasons for laws

Note: Laws are rules that help manage our society; they define how people and
organisations are expected to behave. Laws are designed to protect citizens by setting
expectations for how people interact with one another and resolve disputes. It is

© NSW Department of Education, Apr-24 4

sometimes helpful to relate laws to school rules as these are generally imposed on the
school population to set expectations of behaviour and protect students.

Use law from Cambridge Dictionary and What's the Difference Between Ethics, Morals and
Values? to complete definitions that include an example, for each of the following:

 law

 ethics

 morals

 values.

Laws regulate society and set expectations for how we act and solve problems. As a class,
brainstorm as many laws as you can think of and add these to a class Google Jamboard
or whiteboard.

Consider 5 of these laws and explain the reason for this law in one sentence. You may like
to use the table following:

Table 1 – Reasons for laws

Law Reason for the law

With a partner, discuss whether the laws you have selected reflect the morals, ethics, or
values that our society considers to be important.

Use the table to help write a paragraph in response to the following question: ‘Are laws just
about power and control, or something more? Discuss.’

5 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Open the Crimes Act 1900 No 40. Use the menu on the left-hand side to scroll through all
the different divisions of crimes that are listed. Choose one crime that you have never
heard of and complete the following:

 Identify the crime.

 Identify the penalty that applies for a person convicted of this crime.

 Suggest what moral, value, or ethic in society this law aims to protect.

 Assess whether you believe that the penalty is appropriate for this crime, that is, do
you think it should be higher or lower?

Conduct a media search to find a news article about someone who has been convicted or
found guilty in court, of a crime. For this crime, complete the following:

 Identify the crime committed.

 Identify the penalty applied by the court.

 Explain in 1-2 sentences why it is important to have laws prohibiting, or banning,

such behaviour.

Use the media research to complete a Step Inside activity to present to the class. Use the
following sentence stems as a guide:

 I am … (name and brief details about the convicted person)

 My crime was to … (briefly describe the crime)

 I think that the penalty is too high because … (why might the person feel that they
have been punished too harshly?)

 Society might think that the penalty is not enough because … (why might people in
society think that the person wasn’t punished harshly enough?)

Roles and responsibilities of levels of government

Note: The Parliamentary Education Office (PEO) has a large range of resources on the
Three levels of government, including its history.

Complete a fishbone diagram that summarises the responsibilities of the 3 levels of

government in Australia, that is, the local government, the state government, and the
federal government. The following parliamentary resources may be useful for this task:

© NSW Department of Education, Apr-24 6

 The roles and responsibilities of the three levels of government

 Levels of government

 Three levels of government: governing Australia.

Play the Parliamentary Education Office, Federal, state and local game to practice
distinguishing between the roles and responsibilities of each tier of government.

Key features of Australia’s court system

Note: For this activity, explicitly teach students the meaning of the terms ‘appeal’ and
‘hierarchy’. It can be helpful to explain the terms with a school example. For example, if a
student believes that the mark they have been awarded for an HSC task by their
classroom teacher is unfair or inaccurate, they might ask the faculty Head Teacher to
review the decision. When teaching this content, it is also important to remember that
Australia’s court system has undertaken reform in recent years. This has resulted in some
outdated resources on court structure and jurisdiction. Care should be taken to ensure the
most current information is provided to students. Access to ICT is required for students to
complete the following activity. Additional resources that may be of assistance in teaching
this topic may be found at the Supreme Court of Victoria: Court Education Program.

Use Justice Journey: Overview of the court system (1:10), Criminal Justice System in
NSW – Structure and Courts and tribunals to complete the following table for the NSW and
federal courts.

Table 2 – NSW and Federal Court hierarchy

Court Types of cases heard in this court

Local

District

Supreme

NSW Court of Criminal

Appeal

Federal Circuit and Fam-

7 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Court Types of cases heard in this court

ily Court of Australia

Federal court

High Court of Australia

Scenario: Your cousin has been convicted of an offence in the local court. She has heard
that she might be able to appeal to another court but is not sure what this means. Conduct
research, using NSW Communities and Justice, Appeals, to write a one paragraph email
to your cousin explaining:

 what an appeal is

 how an appeal may be able to help her.

One role of the High Court is to assess whether new laws made by the federal government
are legal, that is, there is permission to make such a law in the Australian constitution.
Examine the article Clive Palmer loses High Court challenge to Western Australia's
coronavirus border closure relating to a recent High court case and use this to work in
small groups to consider the following:

 Who is Clive Palmer?

 What did Mr Palmer attempt to challenge in the High Court and why?

 Did Mr Palmer win the case?

 How does the ability of the High Court to review government laws benefit society?

Use a Think-Pair-Share strategy to consider each of the following scenarios and determine
which court the matter would be heard in:

 A driver has been issued a speeding fine and wishes to contest or challenge the
charge.

 Mr Smith is in court to claim poor workmanship on his new home by Cheap as Chips
Building Company, which has resulted in structural faults that required the home to
be knocked down and rebuilt. He is claiming $700,000 in costs.

 A couple have separated and have been unable to resolve their issues relating to
where their children will live and how they will split their assets or possessions.

© NSW Department of Education, Apr-24 8

 Mrs Williams has been accused of murdering her boss. She denies the charges and
has been held in custody awaiting trial.

 A businessman believes that state ‘lockdown laws’ are illegal according to the
constitution and wants to challenge these.

 New evidence has been found about a murder case previously heard in the Supreme
court. The lawyers for the accused person wish to appeal the case.

Watch About Murri Court (3:36) and use this to create an infographic that highlights how
this initiative may benefit First Nations offenders in Queensland.

Role of legal personnel and role and selection of juries

Note: The activity can be presented using an interactive whiteboard, or other technology.
A mock trial may be used at this point as an engaging way for students to learn about the
role of various court personnel. You will need to establish the rules or procedure for the
mock trial in advance. Resources to support running a mock trial can be found in Appendix
1.

Explore the 3D Interactive Court Room from the old Melbourne Gaol and use this to
complete a table of key court personnel and a description of their role in proceedings.

Table 3 – Court personnel

Court personnel Role description

Judge

Defendant

Plaintiff

Prosecuting barrister

Defending barrister

Witness

Jury

9 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Court personnel Role description

Tipstaff or bench clerk

Scenario: Your uncle has received a letter stating that he has been selected as a possible
member for a jury. He is very confused about the process of jury selection and what will
happen next. To help your uncle, complete a Storyboard showing the steps in the process.
The written materials About jury service and the video Welcome to Jury Service (19:50)
may help with this task.

How laws are made

Note: In this unit, it is important that there is a clear distinction made between court made
common law and parliament made statute law. The Making a law in the Australian
Parliament fact sheet is a useful teaching resource for the making of statute law as it
includes diagrams to demonstrate the path of a bill. In the first activity, the simple example
will assist students to develop an understanding of precedent in common law. For the final
activity, students can work as a class to pass a bill. Resources and specific directions to
assist with this can be found at Make a law: House of Representatives.

Scenario: A commerce class is working on a poster task. Previously students have only
been allowed to use white paper. A student notices that the teacher has a large pile of
orange paper on her desk and asks if he may be able to use this. The teacher replies, ‘Of
course, Ben. I will look forward to seeing your orange poster when it is finished.’

Consider the scenario above and use this to discuss these questions as a class:

 Has a precedent been set? That is, would the next person who asks, expect to be
allowed to use orange paper?

 How would the class perceive the teacher’s actions if her reply to the next student
was, ‘No you cannot use orange paper. It is a rule that we only use white paper for
posters.’

Use Types of law and How Laws are made – Courts (8:31) to complete a concept map on
how laws are made by the courts.

© NSW Department of Education, Apr-24 10

Use the concept map to write a paragraph in response to the following question, ‘How do
the courts make law?

Use Parliament of Victoria Explains: How Parliament makes laws (2:38), How laws are
made – Parliament (10:47) or Making a law in the Australian Parliament, to create an
infographic in Canva to represent the process of creating a statute law in parliament.

Choose an area of emerging or new technology where new laws may be required to
regulate behaviour and operation of the technology. Examples may include drones,
driverless cars or gene technology. Try to think of your own. For this technology, complete
a bill, or proposal for a new law, that covers the following:

 an overview of the new technology

 a justification of why a new law is required in this area

 a suggestion of possible penalties for breaching this new law

 predictions of concerns or issues that both houses of parliament may raise when
considering whether to pass this bill.

Significance of customary law for Aboriginal and

Torres Strait Islander peoples

Note: Customary law refers to comprehensive systems of governance in Aboriginal and

Torres Strait Islander cultures, including ownership and custodianship, caring for
Country/Place responsibilities, kinship, ceremonial duties, marriage, and childcare, as well
as sanctions (punishments) and dispute resolution processes. Where circle sentencing
activities and content related to domestic violence are not suitable for the context or
maturity level of students, these may be replaced. The Koori Court may be a possible
alternative. Please note that in the resources provided on circle sentencing, there are
references to domestic violence and criminal matters. These should be watched prior to
teaching to ensure suitability for the context and maturity level of the class. Care should
also be taken to teach this material in a manner that complies with the Controversial
Issues in Schools policy.

Use Customary law (4:56) to write a one sentence definition for customary law.

11 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Customary law (4:56) explains that in sentencing Mr Djambuy and Mrs Yakayaka, the
judge took into consideration the Yolngu customary punishments that this couple would
receive. Identify what these punishments were and the benefits of this process for the
following:

 offenders

 victims and society.

One example of the integration of Aboriginal customary law into the broader Australian
legal system is through circle sentencing. This sentencing process involves community
and Elders in the sentencing of some Aboriginal people convicted of crimes. Access Circle
sentencing 'helping to keep our mob out of jail,' and watch the video, Circle Sentencing
Part 2 (13:59) to help explain the following in 2-3 sentences:

 How does circle sentencing operate?

 How does this process reflect elements of customary law, for example involvement of
Elders and community in sentencing?

 What are the benefits of programs like this for: victims, offenders, and broader
society?

Types of law

Note: This unit provides students with a brief overview of different types, or areas, of law.
Useful definitions may include:

 Public law deals with relationships between individuals and the government, for
example administrative law, tax law, and constitutional law.

 Private law deals with relationships between individuals and organisations.

 Civil law deals with disputes between people or corporations, involving money.

 Criminal law deals with crime, including investigation, enforcement, prosecution and
sentencing. Criminal actions can include crimes against a person, the state and
property.

 Domestic laws are the internal laws established within a nation state.

© NSW Department of Education, Apr-24 12

 International law consists of rules and principles which facilitate the conduct of states
and international organisations in their relations with one another.

Arrange the class into groups of 6 and assign each group one of the following types of law:
public; private; civil; criminal; domestic and international.

Use the resources following to create a cartoon or comic that explains the assigned type of
law in a memorable way for the class. Resources for this task may include:

 Chapter 4: What the law deals with

 What is international law? (1:00)

Nominate a spokesperson to briefly explain the cartoon to the class. As this person
presents, write a definition for this type of law into the following table:

Table 4 – Types of law

Type of law Definition Examples

Public

Private

Criminal

Civil

Domestic

International

13 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Learning sequence 2: Law reform,
political action and decision-making
Students:

 investigate why laws change, how they change and the effect of the changes

 research methods an individual or group has taken to influence politicians and

evaluate their effectiveness, for example individual action, actions of lobby groups
and political parties and the use of the media (ACHCK062, ACHCK076)

 outline the process by which referendums to change the Australian Constitution are
initiated and decided (ACHCK049).

How and why laws are reformed

Note: Comprehensive resources for teaching this topic are available at Conduct a law
reform inquiry. Care should be taken to ensure that they are suitable for the cohort and
context and that lessons comply with the Controversial Issues in Schools Policy. Where an
example is not suitable, it should be replaced.

Define law reform. Use school resources or Law Reform in Australia for this task.

Changing laws are often a reflection of advances in technology or changing societal

values. As a class, brainstorm examples of law reform in the past 100 years.

Use 14 of the most obscure Australian laws you’ve never heard of to identify 3 outdated
Australian laws. For each law, discuss the following:

 why the law may have been in force

 why the law is no longer relevant in our society.

As a class, research the 2014 law reform on sentences for alcohol-fuelled violence and
summarise this into the table below. Useful resources for this task may include:

 Parents of Thomas Kelly 'absolutely horrified' at sentence for king-hit killer Kieran
Loveridge

 ‘One punch laws': Sweeping changes to tackle alcohol-fuelled violence in Sydney

© NSW Department of Education, Apr-24 14

 A short review of the NSW Government’s “one-punch” alcohol control reforms.

Table 5 – Law reform summary

Law reform Why the reform Details of the new Effectiveness of

was needed law the new law

‘one punch’ laws

In small groups, research a law reform of your choice. Examples may include marriage
equality laws, data protection laws, or gun law reform. You should add your research to
the law reform summary table, at Table 5.

The Australian Law Reform Commission (ALRC) is an independent Australian

Government agency. It provides recommendations for law reform to Government on
issues referred to it by the Attorney-General of Australia. Use the Australian Law Reform
Commission website to research the ALRC and complete the following:

 Explain in 1-2 sentences how the ALRC influences law reform.

 Suggest the benefits of this commission being independent of the government.

 Explain the importance of the commission taking submissions from the public.

Influencing politicians

Note: Care needs to be taken when teaching about active citizenship.

Local members may be invited onto school grounds by arrangement between the principal
and the local member’s office. For political representatives other than the local member,
additional requirements are found in the Controversial Issues in Schools Policy. If the class
has previously studied the one-punch laws, you can introduce this section by discussing
the actions of Thomas Kelly’s parents and the media in successfully pressuring the
government for laws to reduce alcohol-fuelled violence.

Research the actions of an individual or group in pressuring the government to change the
law in a particular area. Examples could be the Lock The Gate alliance, or Carly’s law
introduced to Federal Parliament to protect minors from online predators. Your research
should cover the following:

15 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 issues of concern that led to action being taken

 a summary of the types of actions the group has taken to pressure politicians, for
example use of media or protests

 design a criteria that identifies 2 ways you can assess how effective the group has
been

 collaboratively write one paragraph to evaluate how successful this group has been.
You should use your criteria to make this evaluation.

Use your research to complete the following:

 Write a Headline that captures the important role of lobbyists and influencers in law
reform.

 Explain in 1-2 sentences how your headline may differ from what you may have said
last week.

HPGE extension activity

In small groups, identify an issue that may be affecting the local community or school.
These may include environmental concerns, public transportation or the use of personal
technology in schools. For the issue, complete the following:

 Describe the issue.

 Describe the extent of the issue, for example, the size of the issue, the number of
people impacted.

 Suggest solutions to resolve the issue.

 Construct a list of people and organisations who may be able to help resolve the
issue. These people may include local or state political representatives.

As a class, select one local issue from those studied and use this to construct a detailed
proposal to resolve it. Invite the local member to discuss what might be done to improve or
resolve the issue.

The referendum process

Note: Referendums (aka referenda) are usually carried out at the same time as a federal
election, reducing the number of times a person is required to attend a polling place and

© NSW Department of Education, Apr-24 16

reducing the cost of the vote. The Australian Constitution may only be changed with the
support of the majority of voters, and a majority of voters in at least 4 states.

A clear explanation of the requirements to pass a referendum can be found in the

Referendums and plebiscites factsheet. Prior to completing the online activity, students
should understand the meaning of the term monarchy and that Australia has the Queen as
our Head of State.

Use the Referendums and plebiscites factsheet, to complete the following:

 Briefly explain what a referendum is.

 Construct a Storyboard summarising the referendum process.

Access the AEC Case study: the 1999 referendum and use this to complete the interactive
activity that examines the 1999 referendum on whether Australia should continue to be a
monarchy.

Use the knowledge you gained in the interactive AEC activity to complete a T-chart
summarising strengths and weaknesses of the referendum process.

17 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Learning sequence 3: Participation in the
democratic process
Students:

 investigate the rights and responsibilities of individuals and groups in the democratic
process, including the right to vote (ACHCK061, ACHCK062)

 explain how an election is conducted and the range of voting methods – first past the
post, preferential, optional preferential and proportional

 describe the role of political parties and independent representation in Australia’s

system of government, including the formation of governments (ACHCK075)

 describe the process through which government policy is shaped and developed,
including the role of Prime Minister and Cabinet (ACHCK103)

 discuss the significance of a parliamentary majority, a hung parliament and minority

government (ACHCK075)

 explain how and why the separation of powers exists between the Parliament
(legislative), Executive and Judiciary (ACHCK048, ACHCK090).

Rights and responsibilities in the democratic process

Note: For the next 2 activities, the teacher resources at Voting in Australia may be a useful
reference for teachers and students.

As a class discuss what it means to vote in a parliamentary election in Australia.

Your teacher will provide you with access to a copy of Voting in Australia [PDF 6.6 MB].
Use this to write one paragraph explaining how voting rights in Australia have changed
since federation in 1901.

With a partner, discuss the following:

 Why is it important for our voting system to allow all Australians to participate?

 Why aren’t young people allowed to vote?

 Does this weaken the authenticity of Australia’s voting system?

© NSW Department of Education, Apr-24 18

Use Your vote – your privilege – and your responsibility to identify at least 2 rights and 2
responsibilities associated with voting in Australia.

Use a Think-Pair-Share strategy to complete 1-2 sentence responses to the following

questions:

 Why is voting both a right and a responsibility?

 What might happen if voting was voluntary rather than compulsory?

How an election is conducted

Note: The Australian Electoral Commission (AEC) provides a full set of resources to run a
free and fair election in your school. Get organised, provides many resources, including
automatic ballot paper and voter list generators. Get voting provides instructions on how to
set up the classroom on election day. Teachers can order a free Election Equipment Pack
from the AEC.

In this resource, students are running a class-based election to select a class captain. If
required, this activity can be adapted. Commerce students may, under supervision, be
able to run an election for school prefects, house captains, or Student Representative
Council (SRC).

As a class, use Get voting: Get started, to prepare for a class vote for a ‘class captain.’
Complete the following activities:

 Discuss what makes a good election.

 Discuss the types of rules that may need to be in place in the class to ensure a fair
and effective election.

 Establish the rules for who you can nominate to be elected for class captain.

 Establish the rules for who can vote for class captain.

Read AEC, instructions for election officials and summarise the role of each of the
following people on an election day:

 issuing officer

 queue controller

 ballot box guard.

19 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

Use Types of elections, to write one paragraph explaining the difference between ‘first-
past-the-post’ and ‘preferential’ voting.

Use Instructions for counting, to make notes on how votes are counted in ‘first-past-the-
post’ and ‘preferential’ elections.

In small groups, select one person from each group to nominate for election as class
captain. Provide the name to the teacher so that ballot papers and voter lists can be
printed. Then, use the resources at Get voting: Instructions for candidates, to prepare a
campaign to get your candidate elected. Steps in this process include:

1. Decide on how the class captain could benefit the class. Remember to choose ideas
that will interest the voting class members.

2. Create campaign posters to display around the classroom. Good campaign

advertising should introduce who the candidate is and why they would be a good
representative.

3. Collaboratively write a speech for the candidate to make to the class, explaining why
they would make a good representative.

4. Use Get voting to set up the classroom and hold an election for class captain. On
completion, one person will count and tally the votes with the whole class acting as
scrutineers to make sure that the count is fair and accurate.

At the conclusion of the election process, hold a class discussion on whether the electoral
process was fair and just.

The role of political parties and independent

representation

Note: The Parliamentary Education Office (PEO) provides a detailed description of the
formation and role of political parties. A political party is an organisation that represents a
particular group of people or set of ideas. An independent candidate is a politician not
affiliated to any political party. During an election, political parties provide the resources
required to support candidates through the electoral process in return for the support of
these individuals in parliament. Parties are complex and are required to register and
comply with the regulations of the Australian Electoral Commission. A candidate is not
required to have an affiliation with a political party and may instead choose to run as an

© NSW Department of Education, Apr-24 20

independent candidate. If elected, the independent candidate may have considerable
power if a clear majority is not held by one of the major parties.

Use Political parties to complete the following:

 Define ‘political party’.

 Identify the 3 steps in forming a political party.

 Explain in 1-2 sentences, the main role of a political party.

 Explain what is meant by a coalition party.

Use Prime Minister to complete a Step Inside thinking routine, using the following
sentence stems as a guide:

 I am a Prime Minister, and I am chosen by …

 My role is to …

 I am important because …

The Prime Minister works with 19 others in Executive government. These people make up
‘cabinet’. Use Cabinet to write short paragraphs to:

 describe what cabinet is.

 explain the role of cabinet.

Use Independents, to explain in 1-2 sentences, why an independent member of parliament

may be important.

Access House of Representatives current numbers. Use this to explain why the
Liberal/National coalition currently holds power at the federal level of government.

Review the websites of the 2 major Australian political parties, the Australian Labour Party
(ALP) and the Liberal Party of Australia. Use this to:

 identify and explain 2 major policies for each party

 create a Venn diagram to highlight similarities and differences in the policies of each
party.

21 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

The process of developing government policy

Note: Making government policy is the responsibility of ministers. Departments and

agencies provide policy advice to ministers to help ensure that government decisions are
appropriately supported and informed. Consultation is required, as ministers make policy
decisions on issues outside of their area of expertise.

In teaching this unit, care should be taken not to discuss government policy in a manner
that contravenes the Code of Conduct or the Controversial Issues in Schools Policy.

As a class, discuss:

 What is meant by government policy?

 Why is it important for governments to get expert advice before making decisions on
policy?

Review the graphic at From policy to law and use this to write 1-2 sentences explaining the
role that policy formation has on our lives.

Imagine that you are undertaking the process of constructing a government policy to
manage the invasive weed, ‘Cat’s Claw Creeper’, at a federal level. To decide on how to
manage this, conduct research at sites like DPI, Cat’s Claw Creeper and Save our
Catchment, Episode 2 (2:06) Use this research to:

 Identify the issues caused by this weed.

 Identify the experts on this problem.

 Identify the stakeholders in managing this issue.

 Outline in half a page, 5 key points that you would include in a policy to manage this
issue at a national level.

 Explain in 1-2 paragraphs, the impacts of this policy, for example the costs to the
government and the likelihood of success.

© NSW Department of Education, Apr-24 22

Significance of a parliament majority, hung parliament
and minority government

Note: Majority government is formed by the party or coalition of parties that has a majority
(more than half) of the 150 members in the House of Representatives. Hung parliament
results from no party or coalition winning a majority in the House of Representatives at a
federal election. Minority government is formed if any party or coalition can then gain the
support of a majority of members through an agreement with independent and/or minor
party members.

For the activity below, students should be assigned to a political party, the Yellow Party
(majority) or Pink (minority) Party. The Yellow Party should be significantly larger than the
Pink Party to enable modelling of how a majority government works. For the second vote,
the teacher should remove some of the Yellow Party and make these independents. There
should be 3 groups of equal size. The independents will then decide who they wish to vote
with as they are not restricted by party lines. This represents a hung parliament. Please
note, it is important that the parties do not all vote the same. If required, the teacher may
need to encourage one party to vote in a different way, perhaps by suggesting different
points of view that the group has not considered.

Watch What's the Difference Between a Minority & Majority Government? (3:52). Use this
to hold a class discussion about the difference between a majority and a minority
government.

In your assigned party, elect a leader. In your party, you must make decisions together
and then all vote for the same thing, that is, ‘along party lines’. If you can’t decide as a
party, often the leader will decide. Now, as a party, discuss how you will vote on the
following 3 bills:

 discount of 10% for Stage 6 students at the school canteen

 extending the school day by 1 hour

 abolishing school sport.

As a class, vote on each bill by raising hands or saying ‘I’ as the teacher reads out the bill.
Discuss the following:

23 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Which party had a decision made in their favour and why?

 What is the significance of majority government?

The teacher will now rearrange the Yellow Party and make some of the party
‘independents’ rather than part of the majority government. These people can now choose
which party they wish to affiliate themselves with and move to sit with this party. Count the
members of each party. If one party can secure the support of more independents than the
other, they become the government.

Write one paragraph explaining the importance of independent candidates in forming

government.

The separation of powers

Note: The separation of powers proposes that the power to govern should be divided
between different groups, to avoid any one group having all the power. In Australia, the
government is separated into the Parliament, the Executive and the Judiciary. Power to
manage federal laws is divided between the groups, however, there are some areas of
overlap that need to be highlighted.

Examine the Separation of powers: Parliament, Executive and Judiciary factsheet and use
this to complete the following:

 Describe the role of Parliament, Executive and Judiciary in 1-2 sentences

 Explain the concept of separation of powers in one paragraph.

 Predict what might happen in Australia if there was no separation of powers.

 Create a visual representation of the separation of powers.

As a class, discuss the benefits of separation of powers.

Write one paragraph in response to the following question, ‘Explain how exceptions to the
principle described in ‘Separation of powers’, weaken separation of powers.

© NSW Department of Education, Apr-24 24

Assessment task: Law reform

Note: When using this task, ensure it is placed on the school template and follows all
assessment requirements. Teachers should also ensure that the content for this task is not
explicitly taught in class.

Outcomes
 COM5-3 examines the role of law in society

 COM5-7 researches and assesses information using a variety of sources.

Syllabus content
Investigate why laws change, how they change and the effect of the changes.

Task
Research and explain a local community problem, emerging technology or change in
society that requires new statute law to be created. You should consider the reasons why
the new law is required and how the new law will benefit society. You will then draft a one-
page parliamentary bill for the new law that includes:

 a title for the bill that includes what the law is about and the year

 the aim and intent of the new law

 the effects of the new law, for example, benefits to society.

Investigate 2 different perspectives on the proposed law. Summarise each of these into a
half-page overview that covers:

 the viewpoint of this person or group

 why they may hold this viewpoint

 how this view might influence the government.

Choose the perspective on the proposed law that best aligns with your view. For this,
develop a one-page sample of support materials that may be used to promote your point
of view, persuade sceptics, and lobby the government. This may be in the form of a print

25 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

advertisement for social media campaign or a poster or a sign for use in a protest. The
material should be attention grabbing and make your stance on the issue clear.

Marking criteria
Table 6 – Assessment marking criteria

Grade Criteria

A  Demonstrates extensive knowledge and understanding of law reform

and the shaping of government policy

 Exhibits sophisticated skills to research and communicate complex

ideas and concepts in appropriate forms

B  Demonstrates thorough knowledge and understanding of law reform and

the shaping of government policy

 Exhibits high-level skills to research and communicate complex ideas

and concepts in appropriate forms

C  Demonstrates sound knowledge of law reform and different perspectives

that may exist

 Exhibits sound skills to research and communicate ideas in appropriate

forms

D  Demonstrates basic knowledge of law reform and some understanding

of different perspectives that may exist

 Exhibits limited skills to research and communicate ideas in appropriate

forms

E  Demonstrates elementary knowledge of law reform and/or different per-

spectives that may exist

 Communicates elementary information using a very limited range of

forms

© NSW Department of Education, Apr-24 26

Appendix 1: Conducting a mock trial

Note: Conducting a mock trial in Stage 5 Commerce allows students to develop a deeper
understanding of the role of court personnel. It also allows for exposure to the syllabus
general capabilities of creative and critical thinking, and development of ethical
understanding.

For those teachers working outside their teaching area, materials should be read carefully
prior to conducting the activity. For questions or concerns, the staff at the HSIE,
Secondary Statewide staffroom are available to assist.

It is expected that students will require 2 lessons to do the preliminary activities on court
personnel and juries as set out in the learning sequence. They will then need one lesson
to review the crime scenario, one lesson to prepare the case for court and 2 lessons to run
the mock trial.

Reviewing the crime scenario

Note: Prior to conducting this activity, permission should be gained from parents in
accordance with the Controversial Issues in Schools Policy. Where the scenario provided
is not appropriate for the school and context, alternate mock trial scenarios may be used,
for example, the scenario of the Three Little Pigs – The Guardian (2:01).

The following scenario will be used as the background story for conducting a mock
criminal trial of the accused person who has been arrested. After reading the scenario,
discuss the following as a class:

 Who has been accused of a crime?

 What has this person has been accused of doing?

 What is the law that may have been broken in this case?

 Where was the alleged crime committed?

 Who was the alleged victim of the crime?

 What is the evidence supporting the guilt of the accused?

27 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 What is the evidence supporting the innocence of the accused?

 Which side of the case that has a stronger argument?

R v Smith 2022 (NSW)

Adam Smith is 18 years old. He is known to the police for vandalising properties and
getting up to mischief. Last Saturday he was captured on CCTV images from cameras at
the front of Bill’s Holden car yard at 2am. The office of the Bill’s Holden car yard was
broken into sometime between 10pm when the Manager left and 7am when the cleaner
arrived and $2000 was stolen. The back fence was cut, possibly with bolt cutters. There
are no CCTV cameras at the back of the yard. Adam has been charged with stealing the
money. Adam has pleaded not guilty, so his case will go to trial.

Witness 1 Statement: I live across the road from the car yard. Now that I am retired, I
don’t sleep well. About 1am, I saw Adam standing near the front entrance of Bill’s Holden
car yard with a spray can in one hand and what looked like bolt cutters in the other hand.
He was looking around as if he was making sure no one was watching. He did this for
about 10 minutes and then walked off in the direction of the back of the Bill’s Holden car
yard.

Witness 2 Statement: Adam is my student in HSC metal work class. In the week before
the break in, I heard him say to his friend Eva that he hated the owner of Bill’s Holden car
yard, as he had sacked his Dad. He said he’d love to break in and smash some things up.
I also know that he has bolt cutters as he uses them for his metal work major work.

Witness 3 Statement: (Adam) I did not break into the office at Bill’s Holden car yard. I just
cut the fence at the back and climbed through the fence to do some spray painting on the
large white wall at the back of the car yard. When I saw a big truck arrive with 2 men in it
at about 2am, I got scared and ran. Because the truck was parked across where I cut the
fence, I ran straight through the car yard and out the front.

Witness 4: I am a cleaner and I work shift work at the hospital. When I was driving to work
at about 2.30am, I saw 2 men with balaclavas on near the front of Bill’s Holden car yard
office. One was smashing the CCTV camera with a pole while the other watched the road.
I drove away fast as I did not want to be involved.

© NSW Department of Education, Apr-24 28

Planning the case for court

Note: Prior to the trial, the classroom will need to be set up as a court room. The teacher
may choose to play the role of the Judge. The teacher will assign all class members to a
role. More than 12 students can be assigned to the role of jury if required. In this mock
trial, rules of evidence will not be strictly followed, and court processes have been
simplified to provide students with an overview.

Your teacher will now assign you to one of the roles set out in Table 7. This table sets out
who you will work with. You will now spend time working with this team to prepare for the
court case. Table 7 sets out what you will need to prepare.

Table 7 – Roles in court and preparation required

Role in the Preparation team

court case

The accused The defence team will:

Prosecution  prepare opening and closing statements, following the guide in

barristers (2) Table 8

Witnesses for  prepare arguments about why the accused is not guilty
the prosecution
 review the prosecution witness statements and work out ques-
(2)
tions to ask, that may draw out information supporting the idea
Solicitor that the accused is innocent

 review the defence witness statements. Work out questions to

ask that may discredit the witness and their information

 note that all questions asked in court must be fair. If they are
not, during the case, the opposing legal team may call out ‘ob-
jection’ and the judge will either state ‘sustained’ to agree that
the question should not be allowed or ‘overruled’ to allow the
question. Questions that are not allowed include

o where the barrister describes the story for the witness or

lead them in a particular direction. This is called a leading

29 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Role in the Preparation team
court case

question
o the witness gives information about something someone
else heard or saw. This second-hand information is called
hearsay
o the witness gives information that isn’t related to the story.
This is information that is immaterial to the case
o the witness gives an opinion about the facts, for example,
‘I think he is guilty’.

Defence barris- The prosecution team will:

ters (2)  prepare arguments about why the accused is guilty
Defence wit-
 review the defence witness statements. Work out questions to
nesses (2)
ask that may draw out information supporting the idea that the
Solicitor accused is guilty

 review the prosecution witness statements in the above scen-

ario. Work out questions to ask that may discredit the witness
and their information

 prepare opening and closing statements (see Table 8)

 note that all questions asked in court must be fair. If they are
not, the opposing legal team may call out ‘objection’ and the
judge will either state ‘sustained’ to agree that the question
should not be allowed or ‘overruled’ to allow the question. Ques-
tions that are not allowed include:

o where the barrister describes the story for the witness or

lead them in a particular direction. This is called a leading
question
o the witness gives information about something someone
else heard or saw. This second-hand information is called
hearsay
o the witness gives information that isn’t related to the story.

© NSW Department of Education, Apr-24 30

 Role in the Preparation team
court case

This is information that is immaterial to the case

o the witness gives an opinion about the facts, for example,
‘I think he is guilty’.

The judge The impartial team will:

Court Officer  review the arguments for both sides, but they won’t decide

Jurors (at least whether the accused is guilty or innocent until the trial occurs

12)  assist to set up the classroom as a court. Resources such as

Court artist The courtroom may be useful for this task.

Corrections Of-
ficers (2)

Presenting the case at the mock trial

Run the mock trial using the steps in the following table as a guide.

Table 8 – Steps in running a mock trial

Step Explanation

Opening state- The judge will welcome everyone to the court for the trial of Adam
ment – judge
Smith who has been charged with stealing from Bill’s Holden car
yard. The judge will first invite the prosecution and then the de-
fence to make their opening statements.

Opening address The prosecution summarises the case against the accused, that is,
– prosecution
the main reasons why they are guilty.

For example, ‘Your Honour and members of the jury, my name is

(insert) and I represent the prosecution in this case. We intend to
prove that (insert name) is guilty. Our case is based on (insert key
arguments). When you have heard all the facts, please decide a
verdict of guilty’.

Opening address The defence summarises the reasons why the accused is not

31 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Step Explanation

– defence guilty.

For example, ‘Your Honour and members of the jury, my name is

(insert) and I represent the defence in this case. We intend to
prove that (insert name) is not guilty. Our case is based on (insert
key arguments). When you have heard all the facts, please decide
a verdict of not guilty’.

Court officer When they get to the witness stand, the Bailiff faces the witness
swears in the wit-
and says: ‘Please raise your right hand. Do you promise to tell the
ness
truth, the whole truth, and nothing but the truth?’

Witness should say ‘Yes’ or ‘I do’ before they can be questioned.

Note about all Questions asked in court must be fair. If they are not, the opposing
witness evidence
legal team may call out ‘objection’ and the judge will either state
‘sustained’ to agree that the question should not be allowed or
‘overruled’ to allow the question.

Questions that are not allowed include:

 where the barrister describes the story for the witness or

leads them in a particular direction

 the witness gives information about something someone else

heard or saw. This second-hand information is called
hearsay

 the witness gives information that isn’t related to the story

 the witness gives an opinion about the facts, for example, ‘I

think he is guilty’.

Prosecution wit- Witness 1 statement.

ness 1 reads
their statement

Prosecution ex- The first barrister for the prosecution asks questions to get the wit-
amination in
ness to tell the court more about what happened in their own
chief
words and to provide more details in areas where it might help
their case. They should ensure that they do not ask leading ques-

© NSW Department of Education, Apr-24 32

 Step Explanation

tions, but rather encourage the witness to tell their own story of
what happened.

Examples of questions might include: ‘How do you know (the de-

fendant)’? ‘Tell us in your own words what happened on the day
(what happened)’.

Cross examina- The first barrister for the defence asks questions to find weak-
tion
nesses in witness statement or to determine if they are lying. They
should ask closed, that is ‘yes’ or ‘no’ questions, if possible.

Examples of questions might include: ‘on the day you witnessed

the accident what was the weather like? ‘Do you wear glasses?’
‘Do you have trouble seeing long distance in wet weather?’

Court officer When they get to the witness stand, the Bailiff faces the witness
swears in Wit-
and says: ‘Please raise your right hand. Do you promise to tell the
ness 2
truth, the whole truth, and nothing but the truth?’

Witness should say ‘Yes’ or ‘I do’ before they can be questioned.

Prosecution wit- Witness 2 statement.

ness 2 reads
their statement

Prosecution ex- The second barrister for the prosecution asks questions to get the
amination in
witness to tell the court more about what happened in their own
chief (2nd barris-
ter) words, and to provide more details in areas where it might help
their case.

Cross examina- The second barrister for the defence asks questions to find weak-
tion by the de-
nesses in witness statement.
fence

Court officer When they get to the witness stand, the Bailiff faces the witness
swears in Wit-
and says: ‘please raise your right hand. Do you promise to tell the
ness 3
truth, the whole truth, and nothing but the truth?’

Witness should say ‘Yes’ or ‘I do’ before they can be questioned.

Witness 3 reads Witness 3 statement.

33 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

 Step Explanation

their statement

Defence examin- The first barrister for the defence asks questions to get the witness
ation in chief
to tell the court more about what happened in their own words, and
to provide more details in areas where it might help their case.

Cross examina- The first barrister for the prosecution asks questions to find weak-
tion
nesses in witness statement.

Court officer When they get to the witness stand, the Bailiff faces the witness
swears in Wit-
and says: ‘Please raise your right hand. Do you promise to tell the
ness 2
truth, the whole truth, and nothing but the truth?’

Witness should say ‘Yes’ or ‘I do’ before they can be questioned.

Witness 4 reads Witness statement 4.

their statement

Defence examin- The second barrister for the defence asks questions to get the wit-
ation in chief
ness to tell the court more about what happened in their own
words and to provide more details in areas where it might help
their case.

Cross examina- The second barrister for the prosecution asks questions to find
tion
weaknesses in witness statement.

Recess A short break if required.

Closing address The prosecution summarises all the evidence presented against
prosecution
the accused and makes a summary of the case for his guilt. The
prosecution will ask that the jury find the accused guilty based on
the facts. For example, ‘Today we have heard evidence about the
accused (name). We have presented facts, including (insert).
These facts suggest that (insert) is guilty of the crimes (insert he/
she) has been accused of. We ask that you find a verdict of guilty.’

Closing address The defence summarises all the evidence presented in favour of
defence
the accused and makes a summary of the case for his innocence.
For example, ‘Today we have heard evidence about the accused

© NSW Department of Education, Apr-24 34

 Step Explanation

(name). We have presented facts, including (insert). These facts

suggest that (insert) is not guilty of the crimes (insert he/she) has
been accused of. We ask that you find a verdict of not guilty.’

Judge Reminds jurors that they must reach a decision based only on the
facts.

Judgement by The jury discusses the case in private. When they are ready, the
jury
judge asks the spokesperson, ‘Have you reached a verdict?’

This person will reply, ‘Yes, your honour, we have reached a ver-
dict. We find the accused (insert name), (guilty or not guilty of
theft).’

Judge Trial adjourned.

Reflecting on justice
Reflect on the mock trial and discuss the following questions as a class:

 Why is it important for legal personnel to perform their roles accurately, fairly and
without bias?

 Do you believe that justice was achieved in the mock trial? Why?

35 Stage 5 Commerce – Core 4: Law, Society and Political Involvement

References

Links to third-party material and websites

Please note that the provided (reading/viewing material/list/links/texts) are a suggestion

only and implies no endorsement, by the New South Wales Department of Education, of
any author, publisher, or book title. School principals and teachers are best placed to
assess the suitability of resources that would complement the curriculum and reflect the
needs and interests of their students.

If you use the links provided in this document to access a third-party's website, you
acknowledge that the terms of use, including licence terms set out on the third-party's
website apply to the use which may be made of the materials on that third-party website or
where permitted by the Copyright Act 1968 (Cth). The department accepts no
responsibility for content on third-party websites.

All material © State of New South Wales (Department of Education), 2021 unless
otherwise indicated. All other material used by permission or under licence. Except as
otherwise noted, this resource is licensed under the Creative Commons Attribution 4.0
International Licence. To view a copy of this licence, visit
http://creativecommons.org/licenses/by/4.0/

Commerce 7–10 Syllabus © 2019 NSW Education Standards Authority (NESA) for and on
behalf of the Crown in right of the State of New South Wales.

© 2021 NSW Education Standards Authority. This document contains NSW Curriculum
and syllabus content. The NSW Curriculum is developed by the NSW Education
Standards Authority. This content is prepared by NESA for and on behalf of the Crown in
right of the State of New South Wales. The material is protected by Crown copyright.

Please refer to the NESA Copyright Disclaimer for more information.

NESA holds the only official and up-to-date versions of the NSW Curriculum and syllabus
documents. Please visit the NSW Education Standards Authority (NESA) website and the
NSW Curriculum website.

© NSW Department of Education, Apr-24 36

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41 Stage 5 Commerce – Core 4: Law, Society and Political Involvement