Flashcards in Law Reform and Law Reform in action Deck (30)
What are rights?
Rights are entitlements that people have by legal or moral authority
What are responsibilities?
Responsibilities are legal or moral obligations that a person may have to others
What are the two sets of rights?
Express rights and Implied rights
What are express rights?
Express rights such as s116 which give us the right of freedom of religion
What are implied rights?
Implied rights such as the right to freedom of speech which needs to be read 'between the lines' and are not expressly written in the constitution.
What is an example of statute law?
The right to be excluded or restricted on the basis of race, colour or ethnic origin is contained in the RACIAL DISCRIMINATION ACR 1975 (CTH)
What is an example of common law?
Dietrish V R (1992) the high court ruled that individuals have the right to a fair trial.
What does a bill of rights do?
A bill of rights sets out specifically what individuals are entitled to expect of their government
Why don't we have a bill of rights in Australia?
The authors of our constitution believed that citizens rights would be protected by decisions of the courts or by various statutes made as the need arose.
What are some law enforcement agencies?
The police Australian criminal intelligence commissionAustralian High tech crime centre Australian security intelligence
What is the Australian Criminal intelligence commission?
This is a commonwealth statutory body working nationally with other federal and state agencies to combat serious and organised crime
What is the Australian High Tech Crime Centre?
Hosted by the AFP and provides a national approach to technology crime.
What is the Australian Security Intelligence?
This is Australia's national security service established under the Australian security intelligence organisation act 1979
What are the main roles of the ASIO?
Main roles is to gather the information that will help the government and law enforcement agencies such as the AFP to prevent thwart attacks on Australia.
What is the Australian Security Intelligence service?
Established in 1952 Asis primary goal is to obtain and distribute secret intelligence about the capabilities, intentions and activities of individuals or organisations outside Australia.
What are the functions of the ASIS
Collect foreign intelligence, not available by other means, which may impact on Australia's interestsDistribute that intelligence to the governmentundertake counter-intelligence activities which protect Australia
What are some examples of Alternative dispute resolutions?
Negotiation, Mediataiton and coniliation, mediator and conciliation
What is mediation and conciliation?
These are very similar to one another and involve an independent third party who helps the parties to negotiate and reach a decision
What does a mediator do?
Provides no advice on the matter and may not have expertise in the subject but will be an expert in the process of mediation.
What does a conciliator do?
The conciliator may advise the parties and is professionally qualified in the subject matter of the dispute
What is arbitration?
Arbitration is a formal process, The arbitrator will hear the evidence and argument produced by both sides and then will impose a decision om the parties which is binding
What are tribunals?
These offer a less formal and less expensive method of dispute resolution than the court system and legal representation is not needed
What are two examples of Tribunals?
NCAT and fair work
What is fair work Australia?
Fair work Australia is the administrative arm of government that administers workplace legislation (fair work act 2009)
What does fair work do?
Fair work reviews award rates of pay every three years and revise the minimum wage annually. They also deal with workplace disputes.
What are non-legal methods of challenging state power?
THE media member of parliamenttrade unions interest groups
What are legal methods of challenging state power?
Internal reviews external reviews (Administrative appeals tribunals, Judicial review and the commonwealth and NSW ombudsman
What are trade unions?
Groups of people In various industries unite to form trade unions to protect their rights.
Where can you go for an external review?
Administrative appeals tribunal administrative decisions tribunal of NSW