Core part II: The Individual and the Law

Question 1

rights

Answer 1

legal entitlements that people have by legal and moral authority. It refers to the way that people should be treated in a fair, respectful, and equal way.

Question 2

responsibilities

Answer 2

legal or moral obligations that a person may have to another person, group, state, or society.

Question 3

where can rights be found

Answer 3

Constitution, statute law, common law

Question 4

the two types of rights found in the constitution

Answer 4

express rights, implied rights

Question 5

express rights

Answer 5

civil and political rights that are clearly and absolutely outlined, making it easily enforceable and therefore difficult to change found in the Australian Constitution

Question 6

implied rights

Answer 6

civil and political rights that can be inferred from the constitution rather than being clearly stated, making them less easily enforceable.
eg. freedom of speech is implied in the constitution

Question 7

5 explicit rights in the constitution

Answer 7

• vote
• protect against acquisition of property on unjust terms
• trial by jury
• freedom of religion
• prohibition of discrimination on the basis of state of residency

Question 8

rights and statute law

Answer 8

All statutes have the capacity to protect rights including the:
Racial Discrimination Act 1975 (Cth) which makes racial discrimination in certain contexts unlawful in Australia

Disability Discrimination Act 1992 (Cth) makes it unlawful to discriminate against a person in many areas of public life because of their disability

Question 9

rights and common law

Answer 9

some rights have their origins in common law including:
Dierrich v The Queen (1992) which established a de facto requirement for the provision of legal aid to defendants in key criminal trials.

Question 10

moral rights

Answer 10

rights that may be argued from different viewpoints, and may not be upheld by those who have a responsibility to respect that right (non enforceable)

Question 11

legal rights

Answer 11

rights that fall under categories based on the constitution, statues and common law

Question 12

bill of rights

Answer 12

a list of the most important rights to citizens of a country to protect against right infringement from public officials and private citizens, Australia doesn’t have a BOR

Question 13

Australian Human Rights Commission

Answer 13

fixes human rights abuses such as discrimination by taking on complaints

Question 14

role of NSW police

Answer 14

• prevent, detect, investigate crime
• maintaining social order
• performing/coordinating emergency situations

Question 15

role of Australian Police Force

Answer 15

• enforce common criminal law
• combat serious and complex crime
• protects Commonwealth interests from criminal activity domestically and internationally

Question 16

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) AKA LEPRA

Answer 16

outlines the powers that police have been given to carry out their roles, has been amended several times

Question 17

examples of police abuse of powers

Answer 17

Adam Salter: four police officers charged with lying about the shooting death of mentally ill man Adam Salter in 2009

Roberto Curti: 21-year-old student died shortly after a prolonged police chase where multiple police used handcuffs, batons, physical force and 14 taser shots, even though he wasn’t doing anything wrong

Question 18

dispute

Answer 18

a case involving an unresolved conflict between two parties. They can occur between individuals, individuals/groups and the state

Question 19

stages of disputes

Answer 19

negotiation (less relevant), mediation, conciliation, arbitration

Question 20

main benefit of alternate dispute resolution

Answer 20

cheaper and less formal than court, faster

Question 21

negotiations

Answer 21

any form of dialogue to resolve disputes and/or produce an agreement on further courses of action

Question 22

mediation

Answer 22

ADR designed to help 2+ parties in the presence of a mutual 3rd party to reach agreement, mediator doesn’t make decision

Question 23

conciliation

Answer 23

ADR where a conciliator is used who takes an active role in advising the parties, and suggesting solutions. Conciliator doesn’t make decision.

Question 24

arbitration

Answer 24

ADR where disputing parties present their cases before an arbitrator that makes a binding decision on the parties.

Question 25

Youth justice conference

Answer 25

Alternate for court for young people where the offence won’t be listed on a criminal record. Young offenders have to face the victim, and defendants speak for themselves in front of police and support staff. It allows for young people to have a say in creating an outcome plan, and nothing is made public. Defendants and victims have the rights to knock back decision.

Question 26

Benefits of mediation

Answer 26

• free and don’t need a lawyer
• faster than court
• everyone gets a say
• looks beyond just legal issues (relate)

Question 27

Mediation can help with disputes regarding

Answer 27

• neighbours
• families
• businesses and consumers
• money and debt
• communities and associations

Question 28

Defamation

Answer 28

The act of making statements that damage another person’s reputation in the community. Individuals are legally protected from defamation

Question 29

Types of defamation include

Answer 29

• slander (spoken)
• liable (written)

Question 30

Self-determination

Answer 30

The right of people to determine their political status and how they will be governed.
Eg. Self determination with indigenous whilst Whitlam came to power

Question 31

non-legal methods of changing state power

Answer 31

media, trade unions, members of Parliament, interest groups and NGOs

Question 32

legal methods of changing state power

Answer 32

internal review, external review, privacy bodies, courts

Question 33

NSW statute bodies

Answer 33

ICAC (independent commission against corruption)
Ani-discrimination board (state)

Question 34

national and intl. bodies

Answer 34

Australian HR commission (fed)
UN