A tale of two cafes

Those of you who follow my Instagram and Tumblr will have seen that recently I have been lavishly indulging my love of cafes. I have just spent a month in Adelaide, Australia’s food and wine center. Best known for its churches and festivals, Adelaide is a small but exciting part of the country. Currently it features a population of just under one million and several different sandy beaches. It is the perfect relaxation destination for anyone who is tired of the city’s hustle and bustle.

I went to two different cafes both were very unique choices.  Although the intention was not to rank these cafes. The difference between these two places was fascinating and I thought you might be interested to read the difference as well. 

As we were in Adelaide, the capital of festivals and Art it seemed fitting to find cafes that followed these themes. I connected quickly to a blog that listed eight of the best cafes in Adelaide and I picked one of those from the list. The other choice was recommended to us by a family friend who had been there previously.

The first café was called SAD café – although the name is intended to connect to their partnering hair salon DAS, this café seems to match its title. When we first walked down the street to find the café we saw what looked like another customer resting on a bench taking photos of herself – which is a very good sign if you’re looking for a hipster café.

We all know that the selfie culture is perpetuated by these alternative and non-conforming photo takers. Therefore, we were thrilled to see this taking it as a good omen.

The café is quite small and features a monochrome appearance with light brown uncovered tables. I’m sorry to say I accidentally deleted the photo that I took of inside the café – but it is fairly standard. Although the layout was unusual in that the hairdressing salon connected directly to the café. At first, we thought this was an extra seating area- but once we saw those hair cutting chairs we realized that wasn’t quite right!

After shuffling around the inside of the café for a bit we determined that we’d rather wait outside and enjoy the sun that filters through onto the outdoor seats. It was a nice warm day – perfect weather for outside sitting. The tables hadn’t been cleared off yet and so we made ourselves useful and began moving the dishes – now I only mention this because as we did so the girl who we thought was a customer sitting on the bench jumped up and took the dishes to the kitchen.

Realizing that the girl was not a customer but in fact a silent and disinterested waitress we began to understand why the owners had felt that ‘sad café’ was an apt name for this little joint.

The menu is short but well laid out and provides some fairly tantalizing options for lunch and coffee. I chose the simple gluten free granola while my coffee partner inquired about gluten free bread. – Be aware they do not have gluten free bread (but they have gluten free granola?)

Lunch was very charmingly laid out with fresh fruit and greek yoghurt accompanying the granola and my friend’s lunch was also fresh. I am no food critic so I’ll leave that to the experts – but as for the coffee, it was clearly an organic blend. The type of bean was bitter and but not burned. It was made reasonably quickly and settled in a plain black cup.

The appearance of the food and type of plates used weren’t anything exciting. Certainly for a hipster café connected to a hair salon I had hoped for something a little upbeat – but perhaps the silent uniform requirement of all shaved heads should’ve told me that I don’t quite understand the image that this café presents.

The next café that we went to was out of the city in a smaller townside area of Adelaide called Lost in the Forest. Adelaide towns are well known for their boutique coffee and cake places – so I was keen to see why this café stood out to so many.

It is set in an old church on the side of the hill. There are only six parking spaces reachable off a little side road. The café itself, however, is very popular and requires you to book online in order to be seated for one of their meal rounds. The tricky thing about booking yourself in is that it is only open a few days per week and not for consistent meal times. You can find out about Lost in the Forest’s opening times and booking system [here].

Much like the previous café that we visited the staff are not dressed in the traditional black so they blend in with the patrons of the café as well (Be wary when asking someone which way to the bathroom – they may not be staff!) However, they are very friendly and we were greeted immediately upon entering the door.

The church is still clearly a church although it has been renovated with plain white walls, a recycled timber and glass bar and a pizza oven.

Pizza is the main feature of this café so forget about this café if that’s not what you’re looking for. Instead of coffee and cake we chose to select two of their gluten free gourmet pizzas to sample. While we were waiting it was impossible not to admire the art work that was sketched from the wall to the ceiling. It certainly matched that artistic/rustic feel that I had been hoping to find somewhere around Adelaide.

Overall the two cafes both provided decent food and match that artistic vibe that you want to find when you eat somewhere like Adelaide. The problem was that the level of service at the SAD café was actually ‘sad.’ You’ll have to forgive the puns – but when a name describes the object so perfectly one can’t help but use it. Customer service is the epitome of a café, especially in a city like Adelaide where cafes and wineries face strong competition.

I look forward to hearing your favorite café spots around the world and what makes them special! Leave a comment below to tell me what you think. 

HIGH COURT UNDER THE MICROSCOPE; R V BUCCA 2015 "The danger of identity assumptions"

HIGH COURT UNDER THE MICROSCOPE; R V BUCCA 2015 – AWAITING DECISION. 

The danger of identity assumptions 

The case today is a case awaiting a decision. So I thought it would be interesting examine the submissions of the appellant. Submissions are papers written by defending council that outline the issues at hand. They are interesting to read – particularly for young law students because they show the application of law to legal matters. 

 Today’s case is about the use of evidence and its implications in a court of justice. When we see evidence, we like to assume it favors one side more than the other. However, in this case, you will see the impact of circumstantial evidence. Circumstantial evidence is a two-edged sword. From one angle it will support an argument and from another, it can defeat it. Phones are strong circumstantial evidence. The courts will often refuse to take the view that the accused did not have their phone on them. They can be used to track locations, motive, messages and previous history.   

CASE FACTS 

In the supreme court of South Australia Wesley Gange was convicted of shooting an Adrian McDonald. McDonald was killed in Parafield, South Australia. The prosecution argued that Gange shot McDonald. They claimed he had hidden in the boot of a car not far from where McDonald stood. McDonald and Gange were once in a relationship.

 The relationship had broken down and caused issues between them. Both of them were involved in drugs, firearms, and violent behavior. Gange had previously sold drugs to McDonald. 

His assistant Tristan Castle was sitting in the driver’s seat. Telecommunication records were used to show the movements of Gange and Castle’s phones. Before this event, Gange had sent texts to McDonald which were derogatory and contained threats.

 There was the use of an alibi for Gange. Gange’s girlfriend ‘M’ remembered seeing him at home on that day. However, disputes arose about the veracity of the evidence. She suffered from psychosis, false beliefs, auditory hallucinations, detachment from reality, paranoia and impaired reasoning. It was appealed to the Court of Criminal Appeal. The appeal was on the basis that the judge had failed to direct the jury properly about the evidence of Gange’s involvement. 

The evidence was highly circumstantial. There is was brought to light that Gange and M used multiple phones interchangeably. It is hard to discern who made what texts and who had which phone. It became more impractical when both Gange and M admitted that because of drug use they often didn’t remember where they were or what they’d done. When the judge failed to show the holes properly in the evidence, the jury gave the circumstantial evidence too much weight. The judge should have given it little weight. The failure to do so made the conviction unjust and inevitable. 

 SUMMARY 

The court believed beyond reasonable doubt that the appellant shot the deceased. They based this belief on telephone records, motive evidence, proof of planning and a confrontation via text. The text messages recorded on the phone of the accomplice, Castle. There were documents placing Gange in a different location at the time of the shooting. 

There were also tracked movements through his phone that placed him at the crime scene. Expert evidence pointed out that phones were not a confirmation of identity. It could never be completely confirmed who was on the other end of the phone. However, the courts overlooked this and claimed the evidence was an important¬part of proof. They were allowed to be equally considered by the jury. 

 APPEAL TO HIGH COURT 

The case went to the high court for two reasons

 - Court of criminal appeal erred in holding that the learned trial judge correctly admitted evidence of the appellant’s past possession of firearms 

- The court of criminal appeal erred by not finding that the learned trial judge misdirected the jury about the weight given to each piece of evidence. 

You have to have specific legal reasons for going to the High Court. You can’t just decide that you don’t want to accept the verdict. The Court of Appeal has the right to refuse you ‘leave’ to go to the High Court. 

WHY NOT BELIEVE THE EVIDENCE? 

The evidence appears to be valid. 

However, if you examine the circumstances under which the evidence appears you will realize that it is highly circumstantial. 

 Firstly, the location of Gange’s phone was unimportant. He had left it behind in Castle’s car. They had not met up for a few days. That makes the connection between his placement and the murder further removed. 

Additionally, it was possible that his girlfriend was using the phone. M had purchased and paid for the phone. Their friends recorded that couple was close and mixed communication devices often. They shared friendship groups. 

If M had been using the phone, anything she said could not be taken into account against Gange. Her medical issues, including paranoia, hallucinations, and delusions suggest that anything she said may not be true. 

 Evidence also confirmed that while Gange used this phone, he also had an additional prepaid phone. M sometimes used this prepaid phone. Connecting a particular party to a phone is impossible. The two did not identify themselves before texting. A phone number is only associated with the phone and not its user at the time. Therefore, the courts had to assume an identity for the phone. That identity could never be guaranteed. 

It was shown that others might have been in possession of the tracked phone. Gange could not identify the exact date that he had it return to him. Some evidence suggested that it had been in possession of others during the day of the murder. 

The value of the tracked movements lessened when applied to the social habits of the accused. The shooting occurred during social hours. But because of the use of drugs neither Gange or Castle kept reasonable hours. Thus tracking whose movement was where and which may have been faked was a concern. While Gange admitted that he sometimes didn’t sleep for weeks, the courts had to apply some weight to the fact that the tracked movements reflected a pattern of someone with relatively normal waking hours.

 ISSUES

 There are many more issues connected to this case. In fact, the submissions of the appellant are 22 pages long. However, I wanted to focus on the use of circumstantial evidence in criminal law. 

When used the evidence appears to make a conflicting statement about the right to fair trial. We are all familiar with this right. Therefore, committing someone on a circumstantial case alone appears unfair. 

The Bucca Case has not yet come to trial, but it will be interesting to see the High Court’s remarks upon the extreme reliance on the assumption of identity. 

 New technologies have increased the ability for police to track charged individuals. However, it also leads to confusion and greater misunderstanding. Phone numbers are not identity codes, yet it appears the court has begun to treat them as such. It would be interesting to remove the evidence of Gange’s phone and re-run the trial. My prediction would be that without the critical assumption that a phone indicates the identity of a person, no case could be completed.

 I look forward to hearing your thoughts on this issue. Also for those who don't listen to the podcast. This week I am celebrating two years of running my studyblr and theunderagelawyer.blogspot.com. In celebration I will be releasing a 'printables' package which will be available online in the next episode.

How to speed read like an expert

Hello everyone and welcome to another blog post on the underage lawyer.

 One of the topics that have been coming up frequently in my conversations with others is speed reading. It’s a skill that you probably only think about when you have three days to complete an essay, and you haven’t started researching yet. However, speed reading is an important skill that can assist you in everyday life. It shouldn’t be disregarded as useless skills. 

Those who want to pursue a career in law need to know that they will spend every day of their life reading. 


Client’s files can be anything from one to forty volumes long – and it’s your job to read and study them all. Reading is also the best way to expand your vocabulary and improve your thinking capabilities.

 Think of reading as upgrading technology. The more you do it, the better it gets. The less you do it, you eventually fall behind. Here are a few ways to improve your reading speed:

 1. Read a lot

 This is a basic essential. The more you read the faster you get. The less the read the slower you will become. Some scientific studies suggest that reading things on the screen of a computer is actually different to reading on paper. I’m not entirely convinced, but just to be certain you’re actually reaping the benefits of reading make sure you read both on and off screen. To improve your reading, think of it a little like sprinting. You have to run as fast as you can regardless of whether you can maintain the speed or not. When you are first beginning training yourself to speed read, don’t worry so much about comprehension. As your retrain your eyes to move along the page at a faster rate, you’ll begin to take more in.

 2. Pick the operative words 

One fatal mistake when it comes to non-recreational reading is that we read all of it. It’s very rare that all of the text will be relevant to you. To improve your reading pace identify what it is you’re looking for. Then pick three or four words that will describe that thing. From there you can run your eyes over the text. Every time you see a relevant word stop and read a few sentences surrounding the word. If it applies, congratulations. If it doesn’t apply, then keep skimming through. This way you’ll be able to ascertain just how relevant the material is. If you don’t see any words that seem relevant then either rethink your operative words or move on to the next paper. 

3. Read the first and last line 

There’s a lot to be said for introductions and conclusions. Remember learning about topic sentences in high school? Well, this is why you use them. Academic literature uses these to highlight what they’re going to say. When you’re in a rush, don’t bother with the rest of the paragraph. Just focus on the first lines of every article. By the time you reach the end, you’ll have a general idea of what’s being said. Additionally, if you read the last line of every paragraph, you’ll have a concluding statement and a linking statement. The linking statement usually explains how the next section will connect to the first. This is important because it will show you the pace that the essay evolves at and any assumptions that you need to be aware of. 

 4. Don’t sound the words aloud in your head 

When reading a lot of readers like to ‘speak’ the words in their head. This is a waste of time. Your brain is capable of comprehending the phrase without sounding it out. The more you read, the more you will be able to do this. But to begin with, help yourself to lose the habit by reciting random words in your head as you read. I began doing this by saying ‘aeiou’ over and over again while I was reading. To do this at first, it is best, to start with relatively simple reads. Try reading opinion articles or Buzzfeed pieces. They’re much easier to comprehend than academic literature and will build your confidence. You may be surprised at how much you can understand without having to focus too much on sounding out the words. 

 5. Dot point as you go 

A critical issue with speed reading is that people are concerned they can’t read quickly and understand the text. A simple way to of getting around this is to write one word describing the paragraph. Skim read the article as fast as you can and then summarize it immediately. The use of summaries in one or two words helps to lessen the fear of not understanding. The human brain is far less reliant on the sound of the words than people think. When reading the shape of the letters is just as important.

 6. When you don’t understand keep reading 

This may sound a little counter-intuitive. However, the biggest trap for slow readers is that they are hesitant to move on before they understand something. That will slow you down. Some points are poorly explained, and it will take multiple readings to understand. You need to know that if a point is badly explained it’s likely not essential to the argument and is irrelevant to your reading. It may also be that you’ll come to understand it when you read something later in the document. Your best bet when trying to rush your way through a massive pile of information is just to keep reading. Stopping and rereading things will break the rhythm of the reading. That may also cause you to read slower.

Don't let anxious thoughts ruin your exam!

So time’s almost up for a lot of my readers who are preparing for exams. I know a lot of you have been working super hard. So I thought it would be a good idea to run through some ways that you can calm yourself down in the last twenty minutes or so before your exam.

Remember that you can do as many or as few of these activities as you like –But do not revise! Nothing in the last twenty minutes that you learn from speed reading and with a panicked mind will help you on your exam. You’ve prepared and now you need to control those exam nerves with one or more of the following.

a)      Have something to eat

We all know about bringing a snack for during the exam, but studies have found certain types of foods and beverages can help to reduce stress so bring some of these along for before the exam.

1.       Something crunchy

Studies have found that crunchy food helps to alleviate stress levels. The night before your exam pack some fresh pieces of carrot and celery. This healthy crunch will relieve your anxiety and give you the calm needed to head into the exam room.

2.        A hint of citrus

An orange or other citrus fruit has been found by many researchers to help in the reduction of stress. It’s always best to prepare the night before, so cut up some pieces of orange and pop them away in the fridge for the morning. Just don’t forget to write yourself a note about it so you don’t forget.

3.       A warm brew

Tea or similar warm drink has been found to have a calming effect. Psychologists suggest that it is because it is similar to the warming comfort received in a hug or affectionate gesture. I wouldn’t recommended a highly caffeinated drink – but some peppermint tea or raspberry tea are wonderful treats before the exam.

4.       A little bit of sweetness

Sweet things do help to lift our spirits. While they should only be taken in moderation (and please don’t risk a sugar crash) some honey in your tea or a muesli bar with chocolate drizzle would be the perfect pick me up and motivating snack to nibble on while you relax and mentally prepare.

A lemon and honey drink may be the perfect way to combine these three options. Simply mix a table spoon of honey and half a tablespoon of lemon in with some warm or hot water and adjust to taste.

5.       Chew some gum

Lots of people get nervous stomachs before an exam and feel like they can’t eat. This is a perfectly  normal reaction that is a consequence of your fight or flight response. This response happens when your brain perceives that there is danger.

Before your exam your body is likely to perceive your fear of the exam as a psychological danger or a ‘stressor’. Neurotransmitters are sent through the neurones in your brain to warn your autonomic nervous system. These electrical messengers activate the sympathetic nervous system which proceeds to prepare the body to fight, flight or freeze.

– Freeze is a third response experienced by victims of abuse where they feel as if they are having an out of body experience and struggle to interact with their environment.

The sympathetic nervous system will stop digestive processes in order to divert energy to other parts of the body. When you chew gum this alerts the brain to the fact that you cannot be in danger because you are eating. The fight or flight response will generally begin to dissipate after a few minutes.

b)      Creative relaxation

Don’t just rely on food to calm your nerves. Try sipping on some lemon and honey while you do some of these innovative relaxation techniques

1.       Colour in a mandala

A mandala is a specific type of drawing that you can get off a google image search that aims to help you focus and relax. They are used by those who practice mediation and mindfulness. Doing one of these before the exam can help you to take control over your anxious thoughts.

2.       Draw something

Using a scrap piece of paper allow yourself the opportunity to relax and rest your mind. No one has to view or grade this artwork so draw what ever your please. But once again, do not relate it back to your exam work. Your brain needs to feel rested when you get into the exam room not stressed and tired.

3.       Visualize what you’ll do after the exam

Avoiding the actualities of what might be on the exam, allow your mind to wander to what will happen after. Since you’ve clearly been working hard try to arrange for a reward that makes you feel excited.

For example you might promise yourself that after the exam you will walk into town and purchase a hot chocolate. Or your might think about watching a movie or reading the next chapter of your novel. Try to make it something that you look forward to and you know will raise your spirits.

4.       Listen to music

Music can inspire and encourage you to continue your hard work. It can remind you of your goals and aspirations.

It’s personal choice whether you choose to listen to classical, rap, jazz or pop, there is no definitive research to suggest that there is any one significant benefit over the other.

5.       What a youtube video

A small slice of humour is neatly fitted into youtube videos, often lasting around three minutes, these can be the best way to distract yourself from your anxious thoughts. Maybe watch the video with a friend and benefit from their company as well.

There’s no research into youtube videos and calming thoughts but from personal experience I can promise that a video before your exam can help you to feel truly rested and ready to plunge into exam questions.

6.       Play with blue tack or putty

Blue tack is a great distraction object. You can pull it, twist it, squeeze it or throw it. For those who, like me, tend to bite their nails when they’re anxious this can be a great way to save your nails. It’s also a very subtle means of helping yourself to calm your nerves as you can hold a small amount in your hands and still interact normally with those around you.

c)       Get moving!

Sometimes our energy before the exam means that we get jittery and anxious. These techniques are designed to help you work that energy out. You don’t want to be exhausted before an exam but you should feel able to sit calmly.

1.       Go for a stroll

Walking beneath trees or some light to moderate exercise has been proven to benefit productivity and improve your focus. Get up and walk up and down the stairs or just around your exam area. The little bit of movement can go along way in getting you exam ready.

2.       Stretch

Before an exam try to stretch out your neck and back. These are probably already a little sore from the amount of time that you have been spending studying at your desk. Stretch your neck and back slowly being mindful of any injury. If you ever feel too much pain stop immediately.

3.       Shake your hands

This is a part of a stress management process knowing as shaking. The concept is that by shaking hands or other parts of your body you are helping your body to reduce tension and remove stress hormones from the body.

4.       Freshen up

A quick trip to the bathroom and some water splashed on your face can help you to feel prepared and focused. While freshening up just check that you have completed the following;

• Have you had a glass of water?
• Have you checked in with a friend?
• Have you checked you have pens?
• Have you checked your stationary is working?
• Have you checked where your exam is located?
• Do you know where you will be sitting?
• Do you know which bathroom is the closest to your exam room?

d)      It’s okay

Before an exam take the time to check that your thoughts are the right ones. Don’t be negative about yourself, be open minded and understand that it’s okay if you messed up during your study prep.

Those few minutes before the exam are examples of a true mental challenge. The trick is to be forgiving of yourself and to be proud of what you have achieved. Just by making it to the exam stage you’ve had to battle through weeks of classes, assignments, late nights and lectures. So good job you!

e)      Have a break

You might not have much time, but there’s still plenty of opportunities to help yourself to feel rested and ready for the exam ahead.

1.       Lay your head down

Simply resting your eyes can be enough to help you relax into a mindstate that is focused and ready to provide the information that you need. Remember an anxious mind is often so wound up that you will lose a good deal of time worrying during the exam about unnecessary things and make silly mistakes.

2.       Count from ten and back again

A common breathing technique is to breathe in slowly for ten seconds and then breathe out for ten seconds. This process of monitoring your breathing is a simple technique that can help to center yourself and calm your nerves.

3.       Sit by yourself for a bit

Sometimes socialising with others will make things worse than they already are. There’s no shame in needing to remove yourself from your group of friends in order to calm down and work through how you’re feeling. You can talk to them all you like after the exam!

Good luck with your exams and remember to be proud of what you have achieved,

The Underage Lawyer

PS: If you have any pre-exam tips feel free to comment below J

Congratulations Australia!

This past month has been full of changes, including the leadership spill – which I’m sure every Australian followed on twitter! Along with the appointment of a new Prime Minister Australia appears to have received an attitude change. Two surprising appointments of a female minister and an indigenous minister has arisen from the appointment of Prime Minister Turnbull. Additionally Tony McAvoy must be congratulated as he is appointed to the Queen’s Counsel.

It is with great pride as a young Australian lawyer that I can write about Wiri man Tony McAvoy. He was appointed as a silk on Thursday as the first indigenous member of the Queen’s Counsel. This appointment is a position of great honour and responsibility. His role in inspiring young lawyers (especially indigenous lawyers) will be insurmountable.

The term ‘silk’ is legal jargon that refers to a silk gown worn by the members of the Queen’s Counsel. It is a great honor to be elected to the Queen’s Counsel because these individuals are selected purely on their level of merit rather than their years of experience. Although briefly Australia removed the use of the phrase ‘Queen’s Counsel’ and instead QC’s were called ‘Senior Counsel’ it was restored in March 2014 to Queen’s Counsel.

During an interview with Lawyers Weekly  Mr McAvoy explained that he had an innocent start to the profession as it arose from a holiday job in the Aboriginal Legal Service. He went from strength to strength in the legal field and were recommended by Doyles Guide of Leading Native Title Barristers Australia, 2015.

Still Mr McAvoy remains grounded as he speaks of his win for the Quandamooka People of North Stradbroke Island. This claim was a sixteen-year long legal fight for the indigenous people to have their ongoing connection with the land and traditions acknowledged. The claim extended over 43 square kilometres, which is a significant acknowledgement of the traditional custodianship of their land.

Additionally Malcolm Turnbull announced Ken Wyatt as a front bencher in Australia’s federal parliament. Frontbencher is the term used to describe where ministers and shadow ministers sit in government. It is a significant role that involves being allocated a major area of responsibility.

Mr Wyatt’s responsibility will be as an assistant healthminister. Mr Wyatt is a man with Nyoongar, Yamatji and Wongi heritage who can draw on experience to support the health needs of indigenous Australians. Health is a very prominent portfolio, and Mr Wyatt’s previous experience makes him an apt choice for the pressured portfolio of health.

Mr McAvoy and Mr Wyatt are taking groundbreaking steps for Australians, as no other indigenous Australian has yet reached the recognition that they have achieved this week. Hopefully, there will be more indigenous Australians to follow and many more young indigenous Australians inspired.

Female leadership has also been uplifted in the appointment of a woman defence minister, Marise Payne. Marise Payne is a Senator for New South Wales. The Sydney Morning Herald reported that Mrs Payne had been called the best choice for the job, and Australia Defence Association Executive Director Neil James commented that she was an excellent option.

Despite concerns that the defence minister position had too many changes, Turnbull insisted on hiring Mrs Payne. He believes that she is the best choice for the party. SBS reporters commented that Turnbull, while making history, was not interested in tokenistic appointments but remained focused on building a team of hard working ministers.

The historic appointment of these three people to positions of responsibility is hopefully a sign that Australia’s conservatism is becoming a practice of the past. Just as leading Australian Human Rights Barrister Geoffrey Robertson promotes in his essay collection Dreaming Too Loud, Australia’s time for acknowledging indigenous rights is well overdue. To bring new leadership into our government is a move that should be celebrated. While it is only one indigenous minister and one female minister appointed to these prominent roles it is still a step in the direction of true racial and gender equality.

Good luck to all of you students reading my blog who are beginning your exams. I will soon be posting a blog post about designing ‘vision study board.’ These boards are fun DIYs that help you keep up the productivity through the long weeks of exam preparation. These DIYs can be altered to match any field of work including lawyers with a creative flair, looking to organise the coming weeks.

Lots of love,

The Underage Lawyer

Is the Australian compulsory-vote discriminative against protestants?

You know I love coffee shops right?

They’re great, especially for studying. I have written about why they are one of the biggest study aids in one of my previous posts ‘is this the study tool you’ve been looking for?’

They’re filled with great studying rewards and focus-encouraging atmospheres….except when you overhear a conversation that you’re desperate to join in on. Recently I was in a similar situation when I noticed a man loudly proclaiming that he didn’t have to vote under section 116 of the Australian Constitution because he was a Protestant.

A Protestant is a denomination of the Western Christian Churches that follow the principles of the Reformation. They are a very traditional Christian religion that encourages its followers to adhere to some rules of life as founded within The Holy Bible. – However, please know that voting for a minister of governance in your country of residence is not against the tenants of The Holy Bible.

For those who aren’t from Australia, voting is compulsory for all registered residents over the age of eighteen. Not to vote is a criminal offence in Australia which can result in a $20 fine or prosecution in court which will increase the fine up to $170 plus court costs.

Additionally Australia is a country that bases itself on democracy, failure to vote means that you are not participating in a critical element of our country. But, if something is against constitutional law it is held to be supreme because the Australian Constitution is the creative document of our country (even though it’s an act of British Parliament.) That’s why I thought it would be a great idea to examine how and why this man thought he didn’t have to vote under section 116.

-          A brief history of the Australian Constitution 

In 1901, the Australian Constitution was given Royal Assent. Royal Assent is the title of the process that gives laws of a constitutional monarchy legal effect. Because Australia did not exist before the Constitution was enacted the constitution had to be submitted to the British Parliament for approval.

The desire to federate was led by two men, Samuel Griffith and Henry Parkes. Griffith and Parkes were the forerunners of Federation and participated in all of the conventions around Australia. The two most important meetings that achieved 

Federation were in Melbourne and Sydney.  First, in 1890 at the Melbourne conference where they made the unanimous decision to federate. Then at Sydney in 1891 where they chose to follow the American system of government and drafted the constitution. Notable figures at this convention included Alfred Deakin, the second Prime Minister of Australia and Inglis  Clark a barrister and judge who was the principal author of the Australian Constitution.

-          What is section 116 about?

Section 116 (the clause of the constitution that the guy was talking about) refers to the exclusion of power of the Commonwealth to make laws about any religion or religious activity. It has a very limited jurisdiction as a consequence of two landmark cases, Kruger v Commonwealth and Adelaide Co of Jehovah’s Witnesses Inc v Commonwealth.

Its exact words are:

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 116Commonwealth not to legislate in respect of religion                   The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

-          What was the loophole in section 116?

The guy was claiming that there was a ginormous gap in this article that allows him to escape voting. His claim was that forcing him to vote under section 116 was prohibiting the exercise of his religion. Before you all jump on board and claim to be protestant to get out of voting, I suggest that you all realise this is a very, very risky idea. It is highly unlikely that this section has such jurisdiction over voting.

First you would have to prove how is voting prohibiting the exercise of his religion.

According to him voting made him part of a political party and hence was against the beliefs of his religion. A little confusing for sure, but basically he was saying that following a political party was like worshipping an idol. This is against The Holy Bible.

-          How 116 has limited jurisdiction

This section of the Australian Constitution is probably most infamous for its role in the stolen generation. In Kruger v Commonwealth, the question was put before the court whether there could be laws made to take Aboriginal children from their families and put them with white households. They presented that the intent of section 116 was to allow the exercise of freedom of religion. Basically, they argued that the Aboriginal religion (the dreamtime) was being discriminated against by the laws of the Commonwealth.

Logically taking the children from a particular religious group and forcing them to be raised in different homes would appear to be genocide. However, the judges of the case determined (in summary) that the act was merely applied to the making of the law and not the application or administration of it. This horror verdict has managed to limit the application of this section. It was limited so severely that the man loudly proclaiming his right not to vote on account of his religion is probably going to be staring down a nasty fine in the not so distant future.

Adelaide Co of Jehovah’s Witnesses Inc v Commonwealth further limited the authority of the clause. The lesser known case was about whether the Commonwealth could impose laws that were directly prejudiced against a single group. This had a similar decision to Krygger v Williams and both cases determined that a prejudiced law was not a contravention of section 116 if made for the purpose of the efficient defence of the commonwealth. Clearly, this case does not apply to the man in the coffee shop for Australia has never prosecuted Protestants directly under the law.

I’m not quite sure where the non-compulsory voting for Protestants arose from, but it was a good exercise in analysis of Constitutional law. I sure hope that anyone reading doesn’t try to get out of voting under this section of the Australian Constitution. It’s definitely not a loophole.

The Underage Lawyer