Law Reform and Law Reform in action

Question 1

What are rights?

Answer 1

Rights are entitlements that people have by legal or moral authority

Question 2

What are responsibilities?

Answer 2

Responsibilities are legal or moral obligations that a person may have to others

Question 3

What are the two sets of rights?

Answer 3

Express rights and Implied rights

Question 4

What are express rights?

Answer 4

Express rights such as s116 which give us the right of freedom of religion

Question 5

What are implied rights?

Answer 5

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.

Question 6

What is an example of statute law?

Answer 6

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)

Question 7

What is an example of common law?

Answer 7

Dietrish V R (1992) the high court ruled that individuals have the right to a fair trial.

Question 8

What does a bill of rights do?

Answer 8

A bill of rights sets out specifically what individuals are entitled to expect of their government

Question 9

Why don’t we have a bill of rights in Australia?

Answer 9

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.

Question 10

What are some law enforcement agencies?

Answer 10

The police Australian criminal intelligence commissionAustralian High tech crime centre Australian security intelligence

Question 11

What is the Australian Criminal intelligence commission?

Answer 11

This is a commonwealth statutory body working nationally with other federal and state agencies to combat serious and organised crime

Question 12

What is the Australian High Tech Crime Centre?

Answer 12

Hosted by the AFP and provides a national approach to technology crime.

Question 13

What is the Australian Security Intelligence?

Answer 13

This is Australia’s national security service established under the Australian security intelligence organisation act 1979

Question 14

What are the main roles of the ASIO?

Answer 14

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.

Question 15

What is the Australian Security Intelligence service?

Answer 15

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.

Question 16

What are the functions of the ASIS

Answer 16

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

Question 17

What are some examples of Alternative dispute resolutions?

Answer 17

Negotiation, Mediataiton and coniliation, mediator and conciliation

Question 18

What is mediation and conciliation?

Answer 18

These are very similar to one another and involve an independent third party who helps the parties to negotiate and reach a decision

Question 19

What does a mediator do?

Answer 19

Provides no advice on the matter and may not have expertise in the subject but will be an expert in the process of mediation.

Question 20

What does a conciliator do?

Answer 20

The conciliator may advise the parties and is professionally qualified in the subject matter of the dispute

Question 21

What is arbitration?

Answer 21

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

Question 22

What are tribunals?

Answer 22

These offer a less formal and less expensive method of dispute resolution than the court system and legal representation is not needed

Question 23

What are two examples of Tribunals?

Answer 23

NCAT and fair work

Question 24

What is fair work Australia?

Answer 24

Fair work Australia is the administrative arm of government that administers workplace legislation (fair work act 2009)

Question 25

What does fair work do?

Answer 25

Fair work reviews award rates of pay every three years and revise the minimum wage annually. They also deal with workplace disputes.

Question 26

What are non-legal methods of challenging state power?

Answer 26

THE media member of parliamenttrade unions interest groups

Question 27

What are legal methods of challenging state power?

Answer 27

Internal reviews external reviews (Administrative appeals tribunals, Judicial review and the commonwealth and NSW ombudsman

Question 28

What are trade unions?

Answer 28

Groups of people In various industries unite to form trade unions to protect their rights.

Question 29

Where can you go for an external review?

Answer 29

Administrative appeals tribunal administrative decisions tribunal of NSW

Question 30

What is the Commonwealth Ombudsman

Answer 30

Independent of the government. this office investigates complaints made by citizens about federal government departments and agencies if they feel they have been treated unfairly.