legal methods - term 2 Flashcards
what is the law enforcement conduct condition? (LECC)
preventing, detecting and investigating misconduct and maladministration within law enforcement in NSW.
The LECC also aims to understand and assist in the prevention of officer misconduct.
what are royal commissions
A commission of inquiry set up to investigate serious matters at both state and federal level
Royal commissions are set up by the federal government under the the Royal Commissions Act 1902 (Cth)
They are fact-finding exercises that take submissions and produce a report containing recommendations.
The government may decide to act on the commission’s recommendations and reform the law.
what is an internal review
The department, government agency or state-owned corporation itself undertakes a review of a decision through their own processes
The original decision maker must give reasons and evidence for their decision which are then reviewed
what is an external review
A body external to the original government department reviews the decision
what is a tribunal
A special type of court that reviews the decision providing an outcome of right or wrong
what do tribunals do
A person can bring an action to the courts to review the decision
Reviews whether the original decision was lawfully made
what is an ombudsman
an external review that receives complaints about the actions of government agencies
what does an ombudsman do
Review the complaint and make recommendations but cannot change a decision or punish/fine the government agency
