legal unit 2 aos 2 Flashcards
fairness
all people can participate in the justice system and its processes should be impartial and open.
fairness
impartial procces
people should not show bias towards either party.
fairness
open procces
allows for the public to attend court hearings.
fairness
participation
plaintiff and defendant should know the facts of the case.
accused should be able to defend themselves through a lawyer or personally.
access
all people should be engaged in the justice system on an informed basis.
people must have the ability to use and participate in the justice system.
people need to understand the legal rights and processes involved in their case.
equality
people should be treated in the same way.
in some cases people need to be treated differently in order to be treated the same
mediation
parties in conflict sit and discuss issues and develop options and alternatives with with the aim of reaching an agreement.
mediator is an independent third party who facilitates communication and encourages parties to reach an agreement without making suggestions or interfering.
arbitration
an independent third party listens to both sides and makes a decision that is legally binding.
parties have no control over the outcome- access
binding decision- equality
tribunals
dispute resolution bodies that obtain their power to resolve certain types of disputes of parliament.
provide a low cost, efficient and speedy method of dispute resolution.
VCAT
has 5 divisions.
provide victorians with a low cost, accessible, efficient and independent tribunal that delivers high-quality results.
has many locations across vic
less formal than court
fees for VCAT have increased
OMBUDSMAN
an official appointed by the government to investigate complaints made by individuals against certain bodies or institutions.
they will try to resolve the complaint by working with the 2 parties. they have the power to make a legally binding decision
public transport ombudsman (PTO)
investigates and resolves complaints about public transport operators.
they can investigate the sale of tickets, including ticketing machines and ticket refunds, vandalism and cleanliness
PTO jurisdiction
only has jurisdiction to review a complaint if the operator has first investigated the complaint and cant solve it.
complaint bodies
deals with complaints about the provision of goods and services or decisions made by certain bodies.
it is free
increases access for all
complaint bodies
what they do
do not have the power to conduct a hearing or make binding decisions.
they allow for complaints to be made online or over the phone.