Resolving Disputes Flashcards
What are the main law enforcement agencies in Australia? What is the difference between them?
Federal and state police
State police enforce the criminal law of the state within the state’s borders whereas federal police enforce federal criminal law and criminal law where it crosses state boundaries. State police may deal with matters such as education, hospitals and policing whereas federal government will deal with visas, pensions and Centrelink.
Other law enforcement agencies include :
- the Australians customs and border security
- Australian crime commission
- Australian security and intelligence organization ( ASIO )
- other government departments.
Identify the types of ADRs.
Disputes between individuals can vary in form and complexity and court can be extremely expensive and time consuming which is where alternative dispute resolutions come into play. ADRs are less formal than courts and can offer advantages of time, cost and expertise. The types of ADRs include negotiation, mediation, conciliation and arbitration.
Describe negotiation in regards to ADRs.
The discussion between 2 or more parties with the aim of reaching a mutually beneficial outcome. Involves the consideration of the other party’s views and often some degree of compromise. - the first stage of resolving a dispute between parties.
Describe mediation & conciliation in regards to ADRs.
similar procedures that are usually confidential. Both involve a neutral and independent 3rd party who helps the parties to negotiate their disagreement and come to a decision that they agree on.
The mediator does not provide advice on the matters or impose a decision on the parties and may not have particular expertise in the subject area but will be an expert in the process of mediation.
In conciliation the 3rd party also helps the parties to identify the issues, consider alternate options to resolve the dispute. The conciliator may advise the parties but they do not make a decision for them.
Describe arbitration in regards to ADRs.
a formal process in which an independent 3rd party is brought in to determine how the dispute is to be resolved. Court like procedure with lots of confidentiality,
Explain disputes with the state.
disputes with the state can occur when a person or group finds it necessary to challenge some exercise of state power or a decision made by a government agency.
What are statutory bodies in regards to disputes with the state?
Statutory bodies are authorities created by an act of parliament to administer some public duty or purpose. Statutory bodies established to investigate complaints against the state include :
- NSW civil + administrative tribunal
- anti discrimination board of nsw
- particular commissions of inquiry
- independent commissions against corruption
- Australian human rights commission.
Outline the 2 dispute resolutions.
Resolving disputes between individuals can be done via courts and tribunals.
1. Courts are available to individuals to take up litigation if ADRs are not effective in resolving the dispute.
2. Tribunals are a less formal and expensive method of dispute resolution than court. individuals do not need legal representation.
Investigate the media as a non legal method of resolving disputes with the state.
solves disputes by making people aware of the issues, putting pressure on the involved parties, and providing a platform for discussion. By exposing problems the media can encourage quicker resolutions.
Advantages of this method include public awareness, accountability and platforms for free expression.
Disadvantages include privacy concerns, bias, and public pressure.
Investigate members of parliament as a non legal method of resolving disputes with the state.
an elected representative who serves in a country’s legislative body. They represent their constituents’ interests, create and vote on laws, oversee government actions and provide assistance to the public. They may also serve on committees and advocate for specific policies. They do not hear legal cases.
Disadvantages include being influenced by political bias, face conflicts of interest and contribute to inefficiency and polarization in the legislation process.
Investigate trade unions as a non legal method of resolving disputes with the state.
groups of people in various industries unite to form trade unions to protect their rights and conditions of employment. advise on and resolve workplace issues by voicing out opinions of employees and acting as a representative during bargaining negotiations.
Advantages include collective bargaining through negotiation, legal advice and support for their members, representing the interests and concerns of their employees, and an effective system to manage disputes.
Disadvantages include membership fees, work disruptions due to strikes, potentially protecting underperforming employees.
Investigate interest groups ( NGOs ) as a non legal method in resolving disputes with the state.
effective because they have greater expertise in the area of their specialization than most other groups and individuals. They use their expertise to obey the government for change.
Investigate internal review as a legal method of resolving disputes with the state.
an internal investigation that the agency Confucius into a complaint. The agency will assess whether or not it has complied with its privacy obligations and then tell the applicant of its findings and what it will do as a result.
- Enables an agency to take a fresh look at its original decision regarding care arrangements, contact between child and family, cultural support, education, health or development support, etc.
Advantages include bringing quicker than external review, less costly.
Disadvantages may include resource constraint, inconsistent treatment of clients in different geographic areas or regions.
Investigate external review ( administrative ) as a legal method in resolving disputes with the state.
provides a mechanism by which a person can seek redress against a decision made by a government entity that affects them and also for the government to rectify decisions if they are wrong. Primarily conducted by the administrative appeals tribunal ( AAT ) which plays a crucial role in ensuring fairness, accountability and transparency in government decision - making. Hearing cases regarding social security and welfare, immigration, health and safety, etc.
advantages include impartiality, expertise, transparency, accountability, accessibility, efficiency and consistency.
Disadvantages include cost, time consuming, limited scope, binding decisions, resource constraints, potential for bias, complexity.
Investigate external review ( judicial ) as a legal method in resolving disputes with the state.
a term used to describe a process whereby a court with the relevant jurisdiction can leave you a decision made by a government department only based on whether the decision was lawfully made. Procedural fairness must be applied.
Advantages include the guarantee that no government branch grows too strong or abusive, safeguards individual rights and liberties.
Disadvantages include entire acts of parliament passed by members of parliament cannot be overturned by judicial scrutiny, decisions may be contested if procedural fairness is not followed.
