QCE Legal StudiesPractice Examination 10

This paper covers

• Indigenous Australians and the right to self-determination — ICCPR Article 1 and ICERD
• International human rights framework: UDHR 1948, ICCPR 1966, ICERD 1966
• Australian domestic implementation of international human rights obligations
• Racial Discrimination Act 1975 (Cth) and its application to land rights
• Native Title Act 1993 (Cth) and Mabo v Queensland (No 2) (1992) 175 CLR 1
• UN Declaration on the Rights of Indigenous Peoples 2007 (UNDRIP)
• Three generations of rights and collective versus individual rights frameworks
• Australian Human Rights Commission and enforcement limitations
• Queensland Anti-Discrimination Act 1991 and access to justice
• Constitutional protections and limits: s109 inconsistency, implied freedom of political communication
• Law reform: forces driving reform, reform commissions, criteria (justice, equity, consistency, accessibility)
• Effectiveness of international law: treaty bodies, Special Rapporteurs, ICJ, enforcement gaps

Students are permitted to bring into the examination the materials normally allowed for this subject. Answer all questions in the spaces provided.

This is an ATARMAxxing practice paper. It is not an official examination and is not affiliated with, endorsed by, or produced by the VCAA, NESA or the QCAA.