VCE Legal Studies.

Unit 1: The presumption of innocence.

AOS1: Legal foundations, including:
· the characteristics of an effective law.

Read the following extracts containing rules, by-laws and legislation:

Patterson River Secondary College Uniform Policy:

PE Uniform:
· Patterson River Secondary College PE/Sports Polo
· Plain navy sports shorts
· Runners
· Patterson River Secondary College logo tracksuit pants (for PE/Sport only)
(optional)
· Patterson River Secondary College rugby jumper (for PE/Sport only) (optional)

The PE uniform is compulsory for all Physical Education classes. Students may wear the
full PE uniform home if class finishes Period 6. All other classes will change to full school
uniform. The specified PE uniform is to be worn for all official sports excursions.

1. Does it reflect society’s values?

Type your response here:
No. Society does not see a student out of uniform as ‘not acceptable’. While it may reflect
on a person’s maturity and ability to follow instructions, and therefore disrupt how others
see said person breaking the rule, it is not breaking society's values.

2. Why is it important for laws to reflect social values?

Type your response here:
Social values change with location. If a law doesn’t reflect the social values of a specific
location, society is more inclined to ignore said law.

3. Is it enforceable?
Type your response here:
Yes, this rule is enforceable, but only in Patterson River Secondary College. Most
consequences will not affect a person outside of the school, and therefore cannot be
enforced outside of the schools jurisdiction.

4. Why is it important for laws to be enforceable?

Type your response here:
If a law is not enforceable, it will not be followed. People who disagree with the law will
break it as they please unless there is a reason not too, such as a consequence.

5. Is it known?
Type your response here:
This rule is well known through-out Patterson River Secondary College, and all persons of
power enforce this rule (e.g teachers giving out detentions for wrong uniform)

6. Why is it important for laws to be known?

 Type your response here:
If a law is not known, people without any intention of breaking a law may accidentally find
themselves in trouble. While they have broken said law, they may not have known it was
against social values.

7. Is it clear and understood?

Type your response here:
Yes, this rule is clear.

8. Why is it important for laws to be clear and understood?

Type your response here:
If people cannot understand a rule, they will not follow it. Whether they mean to break
said law or not doesn’t matter.

9. Could any of these rules, by-laws or legislation be written better? Why? How?
Type your response here:
This rule could be written better by outlining the consequences.

City of Frankston By-Law: Community Local Law 2020:

2.18 Balloons:
A person must not release a balloon into the open air.

1. Does it reflect society’s values?

Type your response here:
No. Society does not see a person letting go of a balloon as ‘not acceptable’. While it
disrupt how others see said person breaking the bylaw, it is not breaking society's values.

2. Why is it important for laws to reflect social values?

Type your response here:
Social values change with location. If a law doesn’t reflect the social values of a specific
location, society is more inclined to ignore said law.

3. Is it enforceable?
Type your response here:
No. This bylaw is not enforceable as there is no clear consequence, and therefore people
will undermine the importance of this bylaw.

4. Why is it important for laws to be enforceable?

Type your response here:
If a bylaw is not enforceable, it will not be followed. People who disagree with the bylaw
will break it as they please unless there is a reason not too, such as a consequence.

5. Is it known?
Type your response here:
No, this is not well-known throughout frankston.

6. Why is it important for laws to be known?

Type your response here:
If a law is not known, people without any intention of breaking a law may accidentally find
themselves in trouble. While they have broken said law, they may not have known it was
 against social values. Which results in punishments to an ignorant person.

7. Is it clear and understood?

Type your response here:
No this bylaw is not clear or understood. What if a small child accidentally lets go? What if
the wind blows it away? But most importantly, what happens to someone who breaks this
law, what consequences will be put in place, and who enforces this rule?

8. Why is it important for laws to be clear and understood?

Type your response here:
If people cannot understand a rule, they will not follow it. Whether they mean to break
said law or not doesn’t matter.

9. Could any of these rules, by-laws or legislation be written better? Why? How?
Type your response here:
By fully outlining a situation in which someone would be breaking a law, and taking into
account accidents. This by-law can also be improved by explaining the punishments.

Summary Offences Act 1966 (Vic).

Section 6(1):
A police officer or protective services officer on duty at a designated place, may give a
direction to a person or persons in a public place to leave the public place, or part of the
public place, if the police officer or protective services officer suspects on reasonable
grounds that:
· the person is or persons are breaching, or likely to breach, the peace; or
· the person is or persons are endangering, or likely to endanger, the safety of
another person; or
· the behaviour of the person or persons is likely to cause injury to a person or
damage the property or is otherwise a risk to public safety.

1. Does it reflect society’s values?

Type your response here:
Yes, someone who is disruptful, violent, or a risk to public safety is seen as unacceptable
to society's values.

2. Why is it important for laws to reflect social values?

Type your response here:
Social values change with location. If a law doesn’t reflect the social values of a specific
location, society is more inclined to ignore said law.

3. Is it enforceable?
Type your response here:
Yes, this law is enforceable with ease by law-enforcement such as police-force.

4. Why is it important for laws to be enforceable?

Type your response here:
In this case, this law being easily enforceable means safety for pupils. This law being
enforced could save lives, which is one of the most important values of a law.
 5. Is it known?
Type your response here:
Yes, because this law is enforced well, and publicly, people are aware of this law, also
because it goes against societies values.

6. Why is it important for laws to be known?

Type your response here:
If people cannot understand a rule, they will not follow it. Whether they mean to break
said law or not doesn’t matter.

7. Is it clear and understood?

Type your response here:
Yes, this law clearly outlines situations in which this law may be broken, and what the
consequences are.

8. Why is it important for laws to be clear and understood?

Type your response here:
If a law is not known, people without any intention of breaking a law may accidentally find
themselves in trouble. While they have broken said law, they may not have known it was
against social values. Which results in punishments to an ignorant person.

9. Could any of these rules, by-laws or legislation be written better? Why? How?
Type your response here:
This law could benefit by outlining what will happen if a pupil refuses to listen to the
direction given.