Key HR legal documents

Question 1

describe the role of the Magna Carter

Answer 1

the cornerstone of HR protections, established principles of due process and equality before the law
right to trial by jury, not be held imprisoned with the prospects of a fair trial, right to religion

Question 2

role of the Racial Discrimination Act

Answer 2

occurs when someone is treated less fairlet because of their race, colour, descent or ethnic origin - AHRC & FDA takes RDA complaints

Question 3

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describe the role of the Sec Discrimination Act

Answer 3

prohibits discrimination on the basis of sex, marital/relationship status, sexual orientation, gender identity, or breastfeeding in a range of areas in public life

Question 4

role of Disability Discrimination Act

Answer 4

ensures freedom for people suffering from a disability and prohibits discrimination against persons with a disability

e.g failing to have wheelchair accessable ramps in buildings

Question 5

role of AUS constitution

in protecting expressed and implied HR in AUS

Answer 5

set of rules that outlines the legal and political system by which Aus is governed

number of expressed and implied rights in the constitution

Question 6

what are the expressed rights in the constitution

Answer 6

right to 1. compensation, 2. trial by jury (s80), 3. free trade between states, 4. religion (s116), 5. discrimination on the basis of residence (s117), 6. vote (s24)

Question 8

define role of section5 1 of the constitution

Answer 8

the parliament shall hace power to make laws for peace, order and for good government of the Commonwealth for the public/citizens of Australia

Question 9

right to protest and hte freedom of assembly

implied right

Answer 9

ICCPR Article 20 - Everyone has the right to freedom of peaceful assembly and association

Question 9

role of right to free speech

implied right

Answer 9

outlines the right to elect leaders in the HoR & senate

Question 10

role right to democratic represention

Answer 10

A government that is chosen by the people, therefore reflect the will of the people - genuine, free and fair elctions

Question 12

role of freedom of religion

expressed right

Answer 12

fundamental entitlement,ICCPR A18

slides

Question 13

role of right to trial by jury

expressed

Answer 13

Only for indictable offences, assists the law to become reflective of community standards and expectations

Question 13

define protests

Answer 13

a public action to express disapproval with the way an issue is being handled by the government

Question 14

define lobbying

Answer 14

actions taken to influence public officals, in order that they address particular issues

Question 15

role of lodging complaints

informal

Answer 15

person or organisation responsible for the breack makes amends through apology and bahaviour change

Question 16

role of lodging complaints

formal

Answer 16

involves bringing the parties together and assisting them to solve their own dispute