resolving disputes Flashcards
Australian Federal Police
deal with crimes
> cyber crime
> drug crimes (import/export)
> human trafficking
NSW Police
deal with majority of crime
aim- work with community to reduce violence, crime, and fear
> monitor road safety
performing emergency and rescue operations\
crime in high population areas
alternative dispute resolution (ADR)
number of methods to resolve disputes between individuals without resorting to using the costly and time- consuming method of litigation (going to court)
ie. negotiation and mediation
ADR- negotiation
Both parties to a dispute meet to attempt to resolve the dispute themselves via compromise and agreement.
advantages:
- cheaper than going to court
- less time consuming
- able to come to a conclusion- win win situation
- maintain the relationship between the parties
disadvantages:
- not legal so it cant be enforced
- doesn’t necessarily have to be listened to
- imbalance of power
ADR- mediation
An independent third party assists the parties to a dispute to resolve the dispute
mediator does NOT suggest methods of resolution merely helps each side have their say and put forth their argument
advantages:
- helps come to an agreement between the parties
- cheap
- less time consuming
- does not need legal representation
disadvantages:
- power imbalance
- may not resolve the dispute
tribunals
similar to a court but somewhat less formal. A tribunal is set up under statute(federal or state) to deal with particular types of disputes.
advantages- often quicker and cheaper than solving legal dispute
eg. National Native Title Tribunal (NNTT), Administrative Appeals Tribunal (AAT)
resolving disputes w state- legal methods
internal review
external review:
- administrative
- judicial
- ombudsman
- statutory bodies
- Independent Commission Against Corruption (ICAC)
legal method- internal review
contacting the government department and requesting that they review a decision that they have made about you.
have to discover why the government has made this decision about you
> NSW- Privacy and Personal Information Protection Act 1998 (NSW)
> federal- Freedom of Information Act 1982 (Cth)
these acts provide access to personal information about you held by government agencies
external- administrative review (NSW)
NSW Civil and Administrative Tribunal:
- can only review decisions which are specified in the legislation under which the decision is made.
- If you do not agree with a decision made by a NSW government agency you may be able to get the decision reviewed by NCAT.
- can make various orders when reviewing a decision about the access to government information, including:
> Affirming the government agency’s decision- stating that the original decision is correct
> Reversing the decision completely or in part
> Substituting a new decision for the original decision
> Ordering the government agency to reconsider the decision.
external- administrative review (federal)
Administrative Appeals Tribunal (AAT)
- have the power to:
> affirm a decision
> vary a decision
> set aside a decision and
substitute a new decision
> remit a decision to the decision-
maker for reconsideration
decisions include:
- child support
- Commonwealth workers’ compensation
- taxation
judicial review
review by a court of a government decision. A judge may make a variety of orders.
- remedies available for a wrong administrative decision:
> prohibition→ a court order that
stops a decision from being made
or implemented
> certiorari→court order that
reverses a decision that has been
made (eg. Haneef case)
> mandamus→ court order that
compels the decision maker to
perform their public duty
> injunction→ court order that stops
something from happening (eg.
stop gov. department from making
a decision)
resolving disputes w state- non-legal methods
media
members of parliament
trade unions
interest groups
non-legal methods- media
- investigates many issues arising in society
- particularly encourage citizens to bring complaints forward
- put pressure on government departments to review and even change decisions they have made about individuals.
- eg. Denial of disability pensions, cancellation of visas
non-legal methods- trade unions
- work to protect the rights of workers in a particular industry
- lobby governments to ensure workers rights are protected
- When Work Choices was introduced by the Howard government in 2006, trade unions challenged the government ↓
- introduced a campaign to oust the government and rid workers of what they deemed unfair practices with workplace bargaining
