REMEDIES Flashcards
METHODES USED TO RESOLVE A CIVIL DISPUTE
Mediation
Conciliation
Arbitration
MEDIATION
Is a cooperative method of resolving a dispute. The mediator discusses the issues with the parties and tries to even out any imbalance between the parties. They can only ask strategic questions and cannot provide advice or resolutions. the decision made in the mediation meeting is not a binding agreement
CONCILIATION
A method or resolution where the conciliator enables them to come to a decision by providing advice and listening to both sides of the dispute. once the final decision is made by the two parties the meeting is over, however the decision is not binding.
ARBITRATION
The arbitrator is an independent third party that listens to the parties and tries to help them come to an agreement. if not possible then the arbitrator makes a binding decision on the parties.
DELEGATED BODIES
An authority or agency given power by parliament to make and/or enforce laws
ATO (Australian taxation office)
The ATO investigates serious tax related fraud offences, they prosecute summary offences
WORKSAFE
WorkSafe monitors and enforces compliance of Victoria’s occupational health and safety laws. It can investigate breaches of laws and prosecute in relation to any breaches.
LOCAL COUNCILS
Local councils govern at a local level and have the power to enforce local laws where a local law makes an act or an omission a criminal offence.
WHAT IS VCAT
A tribunal that deals with disputes relating to a range of civil issues that are heard by various ‘lists’ (sanctions) of the tribunal these lists include human rights, the civil claims and the tenancies list.
WHAT IS THE ROLE OF VCAT
is to provide a low cost, accessible, efficient tribunal with a focus on dispute resolution. VCAT deals with a variety of matters
