Ruqayyah Snyder
Australia's legal system is a common law system inherited from England at the time of colonisation. The two major sources of Australian law are cases (decisions made by judges in courts) and legislation (legal rules made by parliament and those to whom parliament has delegated authority). In recent times, there have been calls for changes to certain laws in Australia. Some of the laws that have been changed recently include the introduction of a ban on the importation of all single-use disposable vapes, adjustments to pension arrangements for seniors and veterans, and a ban on children and teenagers under 16 from being able to use social media. Some other laws that have been suggested for change include the mandatory offshore detention of asylum seekers and refugees, and marriage equality.
| Characteristics | Values |
|---|---|
| Marriage equality | Allow same-sex marriage |
| Mandatory offshore detention of asylum seekers and refugees | Abolish mandatory detention and accept asylum seekers |
| Social media access for minors | Ban children and teenagers under 16 from using social media |
| Protection for vulnerable people in court proceedings | Implement enhanced protections, including greater restrictions on how people give evidence relating to a sexual experience |
| Taxation | Implement tax cuts for everyone, not just the highest tax bracket |
| Business mergers | Implement more targeted rules for business mergers, with more scrutiny in highly concentrated markets |
| Supermarkets | Implement new laws for supermarkets |
| Housing developers | Implement new laws for housing developers |
| Support for students | Abolish the 50% rule for university students to maintain eligibility for Commonwealth assistance |
| Pension payments | Increase the Work Bonus limit for seniors and veterans |
| Single-use, disposable vapes | Implement a prohibition on the importation of all single-use, disposable vapes |
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What You'll Learn
Marriage equality
Australia has made some progress in recognising same-sex relationships, but there is still a way to go to achieve full marriage equality. In 2013, the Australian Capital Territory (ACT) passed a same-sex marriage law, but this was struck down by the High Court due to inconsistency with federal law. Despite this setback, the ACT and Queensland still allow same-sex couples to enter into civil partnerships, which include state-sanctioned ceremonies resembling marriage. The Civil Union Act 2012 granted same-sex couples many of the same rights as married couples, and the Marriage Equality (Same Sex) Act 2013 would have permanently legalised same-sex marriage in the territory if not for the High Court's intervention.
Prior to the High Court's ruling, reports from the New South Wales Parliamentary Committee on Social Issues and the Tasmanian Law Reform Institute found that a state parliament could legislate on same-sex marriage, but any such law would likely face a challenge in the High Court. Aside from the ACT, Tasmania is the only other state or territory to have passed same-sex marriage legislation in a chamber of its legislature.
Public opinion is largely in favour of marriage equality. A 2014 poll found that 72% of Australians supported legalising same-sex marriage, while a majority of those identifying with major religions, including Catholics and Anglicans, also supported it. This reflects a broader global trend towards marriage equality, with countries such as Thailand, Greece, Estonia, and Chile all legalising same-sex marriage in recent years.
To achieve full marriage equality in Australia, the law must be changed to explicitly allow same-sex marriage nationwide. This would involve amending the Marriage Act 1961, which currently rules out the legal recognition of marriages between same-sex couples. Despite some opposition, there is strong support for this change, with 62 out of 546 local governments passing formal motions in support of legalising same-sex marriage as of 2018.
Achieving marriage equality in Australia would send a powerful message of inclusion and equality, bringing the country in line with international human rights obligations and the expectations of its citizens.
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Ban on single-use vapes
Australia has witnessed a rapid increase in vaping, especially among the youth. In response to this, the Australian government has banned the importation and use of single-use vapes, effective January 1, 2024. This ban applies to all single-use, disposable vapes, irrespective of nicotine content or therapeutic claims. This is a positive step for public health and the environment, as it will significantly reduce single-use vape waste.
The ban on single-use vapes is part of a broader legislative package aimed at curbing the popularity of vaping among young people. The Australian Border Force and the Therapeutic Goods Administration will receive additional funding to enforce the new rules. The legislative package will also include domestic manufacturers, who will face similar prohibitions. This comprehensive approach will ensure that the availability of single-use vapes is significantly reduced.
The decision to ban single-use vapes is a response to the growing concern over the marketing and targeting of these products to individuals under 18 years of age. With cartoonish labels and flavours like bubble gum and grape, these products have contributed to the high uptake of vaping among minors, leading to widespread addiction. By banning single-use vapes, the Australian government is addressing this issue directly and taking a proactive approach to protect the health and well-being of its younger generation.
While the ban on single-use vapes is a step in the right direction, there are still challenges to be addressed. The waste sector has expressed concern over the lack of clear standards for environmentally responsible e-cigarette waste disposal. There is a need for standardized processes for the disposal of e-cigarette devices, refills, and e-liquids. Additionally, the industry should be held accountable for adhering to proper waste disposal practices. This includes ensuring that importers, producers, or distributors of vapes take responsibility for the recycling and disposal of their products, rather than placing the burden on local governments and councils.
The ban on single-use vapes in Australia is a welcome development, demonstrating the government's commitment to addressing the public health and environmental concerns associated with the rapid increase in vaping, especially among the youth. However, to ensure the effectiveness of this ban, it is crucial to establish clear standards and hold the industry accountable for responsible waste disposal practices.
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Student support
Australia is one of the top international study destinations, with its vibrant culture, economy, and social life attracting students from around the world. The Australian government is committed to helping students succeed in their studies and has implemented various laws and policies to support them.
The Higher Education Support Act 2003 (HESA) ensures that higher education providers have a Support for Students Policy, outlining academic and non-academic support available to help students progress and complete their studies. The detailed requirements of this policy are set out in the Higher Education Provider Guidelines 2023, which include the minimum content that must be addressed and made publicly available.
The Education Services for Overseas Students (ESOS) Act 2000 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 further protect international students' rights. These laws require all CRICOS-registered education providers to follow strict rules regarding student support, information, and processes. The Tuition Protection Service (TPS) assists international students financially if their institution fails to deliver their course, and helps them find a different provider.
In addition, Australia's workplace laws and regulations protect the rights of all workers, including international students working part-time on student visas. The Fair Work Ombudsman helps students understand their rights and responsibilities under these laws, ensuring they receive the same entitlements as Australian workers, including minimum wages, superannuation, and workers' compensation.
Recent changes to student migration rules have caused some controversy. The government has introduced policies to identify and sort out 'genuine' students, with higher English proficiency and savings requirements, and increased visa application fees. Caps on international student numbers by education provider, campus location, and course are also being implemented, with the aim of steering students towards courses that meet Australia's skills needs. However, some argue that students should be free to choose their courses and providers, and that the education and migration systems are not ready for such rapid changes.
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Ban on social media for under-16s
Australia has passed a law banning social media for users under the age of 16, with enforcement set to begin in 2025. The law has sparked debate, with supporters citing mental health concerns and the potential for bullying, and critics arguing that it infringes on rights and could be ineffective.
The new law will force tech giants like Instagram, Facebook (Meta), TikTok, and X to prevent minors from logging in or face fines of up to 49.5 million Australian dollars ($32 million USD). This decision comes after a parliamentary inquiry in 2024 heard evidence from parents of children who had self-harmed due to social media bullying. The country's biggest newspaper publisher, Rupert Murdoch's News Corp, backed the ban with a campaign called "Let Them Be Kids."
While some critics argue that the ban could be ineffective, as children may find ways around it, supporters believe it is an important statement that social media is not considered appropriate for children. Some also argue that it will encourage parents to monitor their children's online activity and have important conversations about online content that may not be suitable for children.
The ban has faced opposition from privacy advocates and some child rights groups, and it may strain Australia's relationship with the United States, where X owner Elon Musk is a central figure in the administration of President-elect Donald Trump. However, the latest polls show that 77% of Australians supported the ban.
The Australian government is set to begin a trial of methods to enforce the ban in January 2025, with the ban taking full effect a year later. While the specifics of age verification methods are still under discussion, tech companies will need to comply with the new law to avoid hefty fines.
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Mandatory offshore detention of asylum seekers
Australia's mandatory offshore detention policy for asylum seekers has been widely criticised as cruel, illegal, and a violation of human rights. The policy, introduced to "support the integrity of Australia's immigration program" and "management of Australian borders", has caused immense harm to vulnerable individuals and wasted billions of taxpayers' dollars.
Under this policy, asylum seekers who arrive by boat are mandatorily detained in offshore facilities, such as the Regional Processing Centre in Nauru, while undergoing security and health checks to determine if they have a legitimate reason to stay in Australia. However, this process has often led to prolonged and indefinite detention, with insufficient water supply, sanitation, and inadequate healthcare. The UN Human Rights Committee has ruled that Australia is responsible for arbitrary detention and violations of the International Covenant on Civil and Political Rights (ICCPR), specifically Article 9 regarding arbitrary detention.
The conditions in these offshore detention centres have been described as inhumane, with reports of medical neglect, human rights abuses, and deterioration of physical and mental well-being among detainees. In one case, an Iranian asylum seeker and her family arrived on Christmas Island without valid visas in 2013 and were detained for over a year before being transferred to Nauru in 2014. Despite being granted refugee status, they remained in detention, illustrating the indefinite nature of the policy.
Amnesty International Australia has strongly opposed offshore detention policies, highlighting the irreparable damage caused to asylum seekers, including medical evacuations and systematic violations of the International Convention Against Torture. Dr Graham Thom, Refugee Rights Advisor at Amnesty International Australia, has urged the federal government to listen to human rights experts and prioritise the humane treatment and fair processing of asylum seekers.
To address these concerns, the Australian government has made some concessions, such as releasing asylum seekers more quickly and allowing access to legal advice and independent reviews. However, "boat people" in excised areas are still subject to mandatory detention and offshore processing, with their circumstances reviewed by the Immigration Ombudsman every six months. While some improvements have been proposed, a Migration Amendment (Immigration Detention Reform) Bill 2009 lapsed without being passed, indicating a need for more comprehensive legislative changes to uphold the human rights of asylum seekers.
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Frequently asked questions
Some people argue that laws regarding marriage equality should be changed in Australia. In addition, the mandatory offshore detention of asylum seekers and refugees has been deemed cruel and illegal, and there is community support for the decent treatment of these people.
Australia has recently passed a law banning children and teenagers under 16 from using social media. In addition, the 50% rule for university students has been abolished, meaning that students no longer need to successfully complete a minimum of half of their academic units to maintain eligibility for Commonwealth assistance.
Australia has recently amended its "Stage Three" tax cuts, meaning that there will be tax savings for everyone, not just those in the highest tax bracket. In addition, the government has blocked surcharges from being passed on by the Australian Tax Office and Services Australia.
Rules deciding which businesses can merge will be more targeted, with more scrutiny in highly concentrated markets like groceries and aviation. In addition, Buy Now, Pay Later schemes like Afterpay and Zip will now have to follow similar rules to credit card issuers.
There are a variety of other laws that have been changed or are in the process of being changed in Australia. For example, there is a new law prohibiting the importation of all single-use, disposable vapes, and vulnerable people involved in court proceedings as complainants or witnesses will have enhanced protections.
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