Following a series of high-profile cyberattacks on hospitals, the Commonwealth Parliament passes the Critical Health Data Security Act 2026 (Cth). The Act relies on a head of power in s 51 of the Australian Constitution and includes a section stating that all public and private hospitals must store patient records only on servers physically located in Australia.
Soon after, the Queensland Parliament passes the Queensland Digital Health Continuity Act 2026 (Qld). One section of the Queensland Act requires Queensland public hospitals to use an overseas cloud provider that can guarantee faster recovery after outages.
Both Acts apply to Queensland public hospitals. A hospital administrator is unsure which law to follow and asks for legal advice.
b. Using s 109 of the Australian Constitution, explain which law the Queensland public hospital should follow if the two Acts cannot operate together. Refer to the concept of inconsistency in your answer.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 4 marks, testing your understanding of Australian Constitution features. It falls under Topic 1: Governance in Australia in Unit 3: Law, governance and change. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 3, students examine the complexities of the Australian legal system and its capacity to deal with the diversity of competing needs. They explore the role of legal institutions and law-making bodies in creating laws that reflect the views of society. Students consider the range of forces that create catalysts for change and reform, and how laws are changed or reformed to reflect shifting societal demands.
In Topic 1, students consider the processes and roles of government in shaping law in Australia and Queensland. They examine how federal and state or territory legal institutions respond to forces of change and the impact of landmark cases.
key features of the Australian Constitution, including: • the division of powers, e.g. s 51, s 109 • amending the Constitution, e.g. s 128
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