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THE ANNUAL NSW SCHOOLS STATE CONSTITUTIONAL CONVENTION - 16 FEBRUARY 2009

The Convention will involve at least 100 students from 100 secondary schools. It will take place in the Legislative Chambers, the Parliamentary Theatrette and other rooms at NSW Parliament House in Macquarie Street, Sydney.
  • The first part of the day will include two keynote speakers talking on the topics with an opportunity for students to ask questions.
  • For the middle part of the event, students will be in workshop groups, discussing the topics and developing a report-back on them from the group.
  • The final part of the day will allow each group to report back to the whole group. Students will vote on the issues and there will also be a ‘soapbox’ opportunity where anyone can speak on any topic for 1 minute.
  • 30 students will be selected as delegates to the National Schools Constitutional Convention to be held in Canberra on March 17-19. The delegates will be elected by secret ballot from amongst the groups.

Program Feb 2009.pdf

The two topics to be discussed at the NSW State Convention will be:

Topic 1: The powers of the Commonwealth Parliament – too much or too little?
and
Topic 2: Should the Australian Constitution provide specific Human Rights protection?


ISSUES FOR GROUP DISCUSSIONS

At the State Convention, groups will discuss and report back on the two propositions. Group discussions will be guided by considering the following issues.

Proposition 1:
The powers of the Commonwealth Parliament – too much or too little?

The issues to consider are as follows:

1. Do the powers of the Commonwealth Parliament, as indicated in Sections 51 and 52 of the Australian Constitution, describe what currently actually happens?

2. Most commentators argue that the current situation involves some duplication and blame-shifting. Should there be a reallocation of powers through the Constitution between the Commonwealth and States?

3. If so, which kinds of powers should be fully transferred to the Commonwealth and which to the states? Should there also be shared powers?

4. How would the Territories fit into any new arrangements?

5. Should the powers of local government also be indicated in the Australian Constitution?

Proposition 2:
Should the Australian Constitution provide specific Human Rights protection?

The issues to consider are as follows:

1. Are the rights of individuals and groups in Australia adequately protected under the mixture of common law and legislative protection currently operating in Australia? What improvements to protection could be made under the current system? Have the creation of some state or territory bills of rights significantly changed the situation in Australia?

2. Would a Bill of Rights enforced through the courts provide better protection for individuals and groups in Australia? Should this be a legislative Bill of Rights or a Bill enshrined in the Constitution?


Some Suggestions for Reading on the Topics:
The more prepared students are, the more they will get out of the Convention. Some reading and thinking on the issues beforehand is essential. There are many books and articles on the topics as web searches will reveal. A few have been selected below and students should read or browse through at least some of them.

TOPIC 1:

Australian Federalism – Options for Reform - Anne Twomey
http://www.deir.qld.gov.au/pdf/ir/conference/aust-federalism-options-reform-twomey.pdf

Federalism in Australia – new life or old tricks? – A.J. Brown, ABC News Online,
February 9, 2007.
http://www.abc.net.au/news/opinion/items/200702/s1843993.htm

Federalism: the states - Oz Politics
http://www.ozpolitics.info/guide/inst/state/

Fixing Australian Federalism - The Hon Kevin Andrews MP, Opening remarks to the Menzies Research Centre Federalism Roundtable, The Como Hotel, Melbourne, 21 August 2008
http://www.kevinandrews.au.com/index.cfm?fuseaction=home.getItem&t=NationalNews&id=14

Fixing Federation Part 2: A how to - George Williams, Crikey.com 24 January 2008
http://www.crikey.com.au/Politics/20080124-Fixing-Federation-Part-2-a-how-to.html

Time to reshape Australian federalism - Professor Andrew Lynch, Sydney Morning Herald November 15, 2006
http://www.smh.com.au/news/opinion/time-to-reshape-australian-federalism/2006/11/14/1163266547681.html


TOPIC 2:

Bill of rights is essential to best serve human rights - John Von Doussa, SMH October 9, 2008
http://www.smh.com.au/news/opinion/bill-of-rights-is-essential-to-best-serve-human-rights/2008/10/08/1223145442732.html?page=fullpage

Does Australia Need a Bill of Rights? - Rt.Hon. Sir Harry Gibbs, Proceedings of the Sixth Conference of The Samuel Griffith Society, November, 1995
http://www.samuelgriffith.org.au/papers/html/volume6/v6chap7.htm

For and against a Bill of Rights – George Williams, extract from A Bill of Rights for Australia (University of New South Wales Press, 2000).
http://arts.anu.edu.au/democraticaudit/papers/200403_williams_bor.rtf

Charter of Rights Update - Gareth Griffith. NSW Parliamentary Library Research Services E-Brief No. 1/2009
Adobe PDF fileDownload the full paper as PDF  154Kb (Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.)

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How to get to Parliament House.pdf

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