Civics & Citizenship · Year 5 · Fairness and the Law · Term 2

When Laws Aren't Fair: How Communities Push for Change

Exploring the concept of access to justice and the barriers some individuals or groups face in using the legal system.

• ACARA Content Descriptions
• AC9HASS5K02

About This Topic

This topic introduces Year 5 students to access to justice and barriers that prevent some Australians from using the legal system fairly. Students identify unfair historical laws, such as limits on Indigenous rights before the 1967 referendum or the White Australia Policy, and explore how communities challenged them. Key questions guide inquiry into specific changes, steps taken by ordinary people, and the power of collective action for fairer laws.

Aligned with AC9HASS5K02, the content examines civic participation in law reform through protests, petitions, and voting. Students develop skills in historical analysis, perspective-taking, and evaluating evidence from primary sources like speeches and posters. This builds understanding that laws reflect community values and evolve with public pressure.

Active learning suits this topic perfectly. Role-plays of campaigns let students experience advocacy firsthand, while collaborative timelines and debates make abstract processes tangible. These approaches foster empathy, critical thinking, and a sense of agency, helping students connect past changes to their potential as future citizens.

Key Questions

1. Identify a law from Australian history that was changed because people spoke up and said it wasn't fair.
2. Explain the steps ordinary people took to bring about that change.
3. Describe how working together as a community can lead to fairer laws for everyone.

Learning Objectives

• Identify specific historical laws in Australia that were perceived as unfair by certain community groups.
• Explain the methods and actions ordinary citizens used to advocate for changes to unjust laws.
• Describe the role of community collaboration in achieving legal reform and promoting fairness.
• Analyze primary source materials, such as protest signs or speeches, to understand the perspectives of those seeking legal change.

Before You Start

Year 4: Australian Democracy and Citizenship

Why: Students need a foundational understanding of Australian government structures and the roles of citizens before exploring how citizens influence laws.

Year 4: Aboriginal and Torres Strait Islander Peoples and Communities

Why: Prior knowledge of the history and experiences of Indigenous Australians provides context for understanding historical injustices and the need for law reform.

Key Vocabulary

Access to Justice	The ability of all people to use and benefit from the legal system, ensuring fair treatment and outcomes.
Barriers to Justice	Obstacles that prevent individuals or groups from accessing or using the legal system, such as cost, language, or discrimination.
Law Reform	The process of changing or updating laws to better reflect community values or address injustices.
Civic Action	The actions taken by citizens to participate in public life and influence government decisions or social change.

Watch Out for These Misconceptions

Common Misconception

Only powerful leaders or governments can change unfair laws.

What to Teach Instead

Ordinary people drive reform through sustained community efforts. Role-plays help students embody activists and see how collective voices build momentum for legal shifts.

Common Misconception

Law changes happen quickly if people complain once.

What to Teach Instead

Reform takes time, organization, and persistence over years. Timeline activities reveal the sequence of events, helping students appreciate the effort behind successes.

Common Misconception

Unfair laws only affect certain groups, not everyone.

What to Teach Instead

They weaken trust in justice for all society. Group debates encourage perspective-taking, building empathy and recognition of shared stakes in fair laws.

Active Learning Ideas

Role-Play: Referendum Campaign

Divide class into groups representing activists, politicians, and citizens. Each group researches roles using provided sources, creates posters or speeches, then presents to influence a class 'vote' on the law. Debrief on strategies that worked.

45 min·Small Groups

Timeline Stations: Steps to Change

Set up stations for key events in a historical campaign like the 1967 referendum. Pairs add evidence cards to a shared timeline, discuss barriers overcome, and present one step to the class.

35 min·Pairs

Debate Carousel: Fair or Unfair

Prepare cards with historical law scenarios. Small groups debate at stations, rotating to hear and respond to others. Vote on changes and justify with evidence from class notes.

40 min·Small Groups

Action Plan Workshop: Today's Issue

As a whole class, brainstorm a modern barrier to justice. Break into pairs to outline steps for change, including petitions or awareness campaigns, then share and refine a class plan.

30 min·Whole Class

Real-World Connections

• Students can research the campaign led by the Aboriginal Tent Embassy in 1972, which used protest and advocacy to highlight Indigenous land rights and challenge discriminatory government policies.
• The 'Mabo decision' in 1992, which overturned the legal concept of 'terra nullius' and recognised native title, was the result of a long legal battle and community support for Indigenous Australians.
• Investigate how community groups today use petitions, public demonstrations, and lobbying to advocate for changes to environmental laws, such as those protecting the Great Barrier Reef.

Assessment Ideas

Quick Check

Provide students with a short description of a historical unfair law. Ask them to write two sentences identifying who was affected and one specific action people took to challenge it.

Discussion Prompt

Pose the question: 'Imagine a new law was passed that you felt was unfair to your classmates. What are three specific steps you and your friends could take, working together, to try and change it?' Facilitate a class discussion, noting student ideas on the board.

Exit Ticket

Students receive a card with a historical figure or group involved in a law reform movement. They must write one sentence explaining the unfair law they opposed and one sentence describing the method they used to seek change.

Frequently Asked Questions

What Australian historical law changed due to community action?

The 1967 referendum removed discriminatory sections of the Constitution, counting Indigenous Australians in the census and enabling federal laws for them. Campaigns by activists like Faith Bandler involved petitions, marches, and education drives that gained 90% public support. This example shows how grassroots efforts lead to lasting equity.

How to teach barriers to access to justice in Year 5 civics?

Use real Australian cases like Indigenous voting restrictions. Students map barriers such as discrimination, cost, or location on graphic organizers. Pair with source analysis of speeches to identify community responses, reinforcing how awareness and action address inequities.

Active learning strategies for civics law change topic?

Role-plays simulate campaigns where students negotiate as historical figures, building persuasion skills. Collaborative timelines track event sequences, while debate carousels practice arguing positions. These methods make civic processes experiential, deepen empathy for barriers, and link history to students' lives effectively.

Steps communities took to change unfair Australian laws?

Communities raised awareness through media and speeches, gathered petition signatures, organized protests and marches, and lobbied politicians. The 1967 referendum campaign exemplifies this: education tours built support, leading to a successful vote. Students can sequence these via inquiry projects to grasp the process.