1. Rules in our lives

Aim: For students to shape their understanding of the purpose and existence of rulesin their lives.

Activity: Brainstorm with students rules they have in their own lives e.g. Family Sport School Clubs – Chess, debating etc Social Media Social interaction with friends Laws

(A range of useful graphic organisers to shape the following activities can be found at page 30 of thefollowing link) http://static.moadoph.gov.au/ophgovau/media/docs/learning/getting-it-together/TeacherGuide/TeacherGuide.pdf

Work with colleagues to:

Discuss consequences for breaking any of the rules in your agreed list. Identify those on your list that are formal and informal rules. Identify those categories for which rules exist in writing e.g. Facebook, Sport, Chess Clubs

InformationA collection of written rules may be referred to as a ‘rule-book’.Sporting Clubs, a range of organisations and our own nation often have a set of rules that are outlinedin a rule book known as a ‘constitution’.Two of the most important ‘rule books’ in South Australia are known as The Australian Constitutionand the South Australian Constitution.

Each of these has a number of main features.

Work with colleagues to identify rules you think may be in the Australian ConstitutionStudents may come up with:

Included Not IncludedFreedom of religion. The right to free speech.Trial by Jury for serious federal offences. What it means to be an Australian.The right to compensation if the The right to bear arms.Commonwealth takes your property. How we select our Prime Minister.How we elect Members of Parliament How we select our Ministers.

FactThe Australian Constitution describes:The creation of a nation called the Commonwealth of Australia (the name of our country) that containsand a new national (Commonwealth or Federal) Parliament as well as state parliaments.

The main purpose of the Commonwealth Parliament is to make laws to make about national orAustralia-wide concerns for example, things like taxation, immigration and money.

The feature of the Australian Constitution that states what the Commonwealth and the States can dois known as the Division of Powers.

Learn more about the Division of Powers through the activity that follows:

Activity: The ‘Lolly Game’ - understanding the Division of PowersYou need: A number of large packets of coloured lollies e.g. M &Ms or jelly beans.

FACTFederation was a significant event in White Australia’s relatively short history.

A federation is usually associated with some sort of power sharing or division. Prior to 1900, Australiawas comprised of six colonies: New South Wales, South Australia, Victoria, Queensland, Tasmania andWestern Australia. Each was responsible for matters within their own borders.

Divide the class into groups and allocate each group a bag of lollies.

Have each group sort their lollies into the different colour groupings. (Aim for ten colour groupings)

Imagine each colour grouping represents an area of responsibility (power) of the colony. For example,Immigration, Health, Law and order, Education, Taxation, the Environment, Water + three others of yourchoosing.

Assign each power a colour. To do this you may need group agreement which can be reached throughdiscussion and debate.

FACTWhen Australia federated (became a nation) the colonies (provinces) became known as states and anew central authority called the Commonwealth was created. All of the colonies had the same powershowever the arrival of the Commonwealth in 1901 meant there was a new player to consider.

Why then have the new player, if there is nothing for it to do? Think of what it might be like for a principalin a school to be appointed but have no power and nothing to do as everything is already done byteachers and students. Do you get rid of the principal? What do you do?

Imagine that each of colours you assigned actually represent the powers of the states before theintroduction of the Australian Constitution in 1901 and that these are fixed.

You have to give the new player something to do.

Choose four – five of your coloured lolly groups that you think should be a ‘whole of Australia’responsibility. Discuss which responsibilities to assign so that your group reaches agreement on whichcolours to assign.

Push those colour groups to one side and look at the distribution of the lollies.

What has happened to the number of areas the states have control over?

What has happened to the number of areas the Commonwealth has control over?

FACTThis is known as the Division of Powers and highlights the fact that power sharing requires give andtake. This relationship is actually described in the Australian Constitution. In order to give theCommonwealth some powers the States have lost powers. It took them 30 years to decide! If youtranslate this to you and rights and responsibilities, often some of the things you want a say in, controlover or protection about, require you to give up something in return.

Hence we now have things that the Commonwealth can make rules about and things that the States canmake rules about.

What if there are arguments about some of these? An umpire in a court (The High Court of Australia)decides and the decision of the court affects the balance of the smarties. To formally change thisarrangement requires changes to the words of the Constitution through a process called a Referendum.

Eat the Lollies!

Other Resources

A visual explanation of how the Colonies came together as States in an Australian federationwww.letasa.asn.au/flash/08_division.swf

Federation video and fact sheethttp://www.peo.gov.au/multimedia/videos.html

Museum of Australian Democracy resource about SA’s Road to Federationhttp://moadoph.gov.au/learning/school-resources/getting-it-together-from-colonies-to-federation/#sa

The Australian Constitution also describes: The creation of The High Court of Australia and its powers. How the words of The Constitution can be changed.

The Australian Constitution is an Act of the British Parliamenthttp://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution

The South Australian Constitution

Included Not IncludedHow we elect Members of State Parliament. The right to Freedom of Speech.How many days Parliament must sit each year. Right to a Jury TrialHow to solve disputes between 2 Houses. How we select our PremierWhen we need a referendum. What SA stands for.

The South Australian Constitution is an Act of the South Australian Parliament:http://www.legislation.sa.gov.au/LZ/C/A/CONSTITUTION%20ACT%201934/CURRENT/1934.2151.UN.PDF

The structure of constitutions

Some constitutions have an introductory statement known as a preamble. It may be a statementabout what Australia stands for and believes in. Because the preambles to the Australian and SouthAustralian constitutions are not part of those documents they do not necessarily require a referendumto change them. This may make it easier to alter either to include Indigenous recognition.

But would it be as powerful and mean as much?

Read the preamble (below) to the Australian Constitution. Discuss whether or not itneeds to change. (Hint: Are the states included?)

THE CONSTITUTION ACT CONSTITUTING THE CWLTH.An Act to constitute the Commonwealth of Australia. [9th July 1900]

WHEREAS the people of New South Wales, Victoria, SouthAustralia, Queensland, and Tasmania, humbly relying on the blessing ofAlmighty God, have agreed to unite in one indissoluble FederalCommonwealth under the Crown of the United Kingdom of Great Britain andIreland, and under the Constitution hereby established:And whereas it is expedient to provide for the admission into theCommonwealth of other Australasian Colonies and possessions of the Queen:Be it therefore enacted by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, inthis present Parliament assembled, and by the authority of the same, asfollows: