Political Communication in the Constitution - Law Assignment Help

Assignment Task :

Task details 

The assessment task is divided into two parts. You must complete all two parts. The marks awarded for each part are clearly indicated. A suggested word length for each part has also been provided; this is a guide only, you can increase/decrease the words in each part provided you stay within the overall word limit. If you do so, you must keep in mind the marks that are awarded for each part. You can answer the part on research strategy in dot points.

Part A: Problem Question. Approx. 750 words

In January 2020, Dr Rebe Lyon, a respected environmental scientist, accepted a policy position at the Department of Agriculture, Water and the Environment (DAWE) in Canberra. She had previously worked for the Wilderness Society as a policy officer and had always been devoted to environmental causes. In late 2019, as bushfires ravaged the Australian countryside, she found herself tired of criticising the government from outside the state. ‘I want to be closer to the levers of power,’ she confided in a friend over beers one evening. ‘I want to effect real change through law reform.’ Within a month, she found herself working as a public servant in Canberra crafting environmental policy around bushfire management. 

After some time in the position, Rebe discovered that the Department was approving the construction of a large new coal mine, the Plenexy Pty Ltd coal mine. Rebe was troubled by this decision and confided in her son, Paul, about her concerns regarding the dangerous climate impacts of the proposed mine. Paul suggested that they make videos on TikTok together to ‘spread the word’.

Paul made a series of TikTok videos using his anonymous TikTok account. Neither Paul nor Rebe appeared in any of the videos – the visuals were all climate change diagrams and the voiceover was done with a program that disguised their voices. Rebe’s main contribution was being one of the voices in the video and assisting with the scripts. 

This series of videos drew a scientific link between the coal mine and climate change. The narrator stated that:

‘The carbon budget (the amount of carbon that can be emitted into the atmosphere before “runaway climate change” is generated) is too tight to allow any more giant coal mines. It is not a question of politics, it is simply mathematics. You cannot release the carbon from this coal and stay within the carbon budget. There is an undeniable tension here between the government and opposition’s approval of the Plenexy coal mine and their stated commitment to stay within the carbon budget.’

The videos went viral. Soon after, DAWE launched an investigation to track down the author(s) of the videos. A few weeks later, a delegate of the DAWE emailed Rebe. The email stated:

‘There has been an investigation into a series of damaging TikTok videos. Last week we discovered that the author of these TikToks is you, under the auspices of your son, Paul. You have breached the Public Service Act 1999 (Cth) provisions which state that public servants must be apolitical. As a result, we are terminating your employment subject to the conditions in your contract as stated under the Public Service Act 1999.

Rebe contacts you for legal advice.

1. With regard to the Public Service Act 1999 (Cth), name

2. The provisions of the Act that Rebe has breached.

1. The provisions which allow for Rebe’s dismissal.

(c) The date of Royal Assent of the Act; and
(d) The date that the Act commenced. 

2. Advise Rebe on whether she can successfully argue that she has not breached the relevant provisions.  In answering this question, you are expected to refer to the text of the provisions and use all your statutory interpretation skills to interpret this text. 

3. Can Rebe argue that the provisions are invalid because they breach the ‘implied freedom of political communication’ in the Constitution? 

Find relevant case law and, if you like, secondary sources to inform yourself about how this implied freedom might operate with regard to Rebe’s circumstances. Please limit yourself to no more than three cases.

4. Outline the research strategy that you employed to:

   1. Find the Royal Assent and commencement dates of the Public Service Act 1999 (Cth) with regard to Question (1).  

   2. Find the relevant provisions with regard to Question (2).  

   3. Find the relevant case law (and secondary sources) to assist you with regard to Question (3). 

(You can write the part on Research Strategy in dot-points)

Part B – Research Skills and Essay 

‘We need to do more to protect the freedom of speech of public servants in Australia. At present, neither our judiciary nor the constitution give public servants the absolute right to criticise the government. The current limits are dangerous for democracy.’  

TASK: 

1. Discuss the above statement by using at least five scholarly articles and/or reports on the topic. You will be awarded marks for analysis, not mere description.  

2.  Document how you identified and located the selected sources.  

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