Processes

Question 1

Lodging complaints

Answer 1

Complainant can lodge complaints with groups who advocate and protect HR

Question 2

Protesting

Answer 2

Public expression of disapproval/ objection to a HR policy or the way the gov handles an HR issue
Effectiveness:
- draws attention to the HR issue
- pressure gov into taking action to support HR

E.g., Bassi v Police- BLM protest, approval given but numbers and safety concerns increased, held: right to protest.

Question 3

Royal commission

Answer 3

Established by parliament to inqure into matters of public intrest. Purpose to ascertain factual circumstances and make recommendations e.g. Royal Commission into Aboriginal Deaths in Custody.
Effective because: raises public awareness, influence gov to change law, lead to persecution of perpetrators.
But: non-binding, privilege against self-incrimination, terms of reference may result in political bias.

Question 4

The media

Answer 4

Effectiveness:
- democracy needs free media to raise public awareness and scrutinize the powerful
- independence helps to hold gov accountable for decisions and actions
- expose human rights violence and offer an arena for different voices to be heard in public discourse

Question 5

Tribunal/ Court (formal processes)

Answer 5

Tribunal: statutory authority empowered to listen to complaints
Courts: Adversarial means of seeking resolution/ relief of a dispute
Effectiveness:
- listen to matters brought for resolution to decide how the matter will be resolved
- court decisions binding- thus enforce law and protect rights
- subject to rules (evidence), procedural, legislation and precedent
- costly, stressful, time consuming, uncertain

Question 6

Lobbying

Answer 6

Activities to influence law/ policy matter to make changes reflecting lobbyists desires. Lobbyists uses various media forms to ensure broad communications of

Question 7

The courts

Answer 7

Civil proceedings usually adversarial, main features ensuring equity, independence, and impartiality:
- rules for the conduct of proceedings
- rules of evidence
- access to legal representation
- an independent judicial system
Courts important for protecting HR as they listen to matters brought for resolution and they can decide how the matter is to be resolved. Since court decisions are binding, they enforce the law and protect rights.

Question 8

Australian human rights commission

Answer 8

Protecting rights by:
- assessing areas of the law that are not meeting the needs of contemporary society
- reviewing submissions about current short comings in the law
- makes recommendations to improve the law + protections covered by the law
- undertaking inquiries, intervening in court proceedings, conducting education programs and developing public awareness campaigns
- inquire into and attempt to conciliate alleged infringements under the RDA, SDA, DDA, AGA
- findings not enforceable

Question 9

Australian Law reform commission

Answer 9

Review commonwealth laws for purpose of reform to ensure justice, currency, remove defects, simplify and adopt effective methods for achieving justice