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Legal Year 11 > THE INDIVIDUAL AND THE LAW > Flashcards

THE INDIVIDUAL AND THE LAW Flashcards

1
Q

what are rights?

A

rights are principles of freedom or entitlement. They are inalienable. an example includes human rights

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2
Q

what are claim rights?

A

rights that an individual can exercise but imply that others have a duty to this person who wishes to exercise the right

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3
Q

what are liberty rights?

A

rights that gives the person claiming the right the freedom to do something without there being an obligation on anyone else to do or not to do something

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4
Q

what are responsibilities?

A

duties or something an individual is expected or required to do - in terms of the law citizens have a number of responsibilities - failure to perform these responsibilities can result in sanctions being imposed

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5
Q

what are individual rights?

A

rights that outline what is owed to a person or the freedoms that a person can exercise through the legal system, through custom or social practice, or because a person feels that there is an entitlement because of morality or ethics. examples of individual rights include freedom of speech, freedom of religion, the right to privacy, and the right to own property

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6
Q

what are customary rights?

A

rights to which an individual may feel entitled because of custom or social practice. for example, a man letting a woman go first through the doorway, a woman may feel entitled to this custom, but the law will not enforce it.

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7
Q

what is the relationship between rights and responsibilities?

A
  1. to exercise a right also involves a responsibility eg. if someone wants to enjoy FOS they have the responsibility to ensure that others can enjoy the same right
  2. rights involve the responsibility of others eg. for an individual to enjoy the right to a life of liberty and security, others must be responsible for protecting that persons life and liberty
  3. individuals have the responsibility not to abuse the exercise of rights and promote peace and harmony
  4. individual rights and the state –> it is the responsibility of the state to identify, enforce and protect the natural rights of individuals while attempting to assure remedies for infringement of those rights
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8
Q

what are ways of resolving disputes between individuals?

A

ADR, tribunals, courts

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9
Q

what are the mechanisms for resolving disputes?

A

federal and state police, NSW independent commission against corruption, tribunals, courts, trade unions etc.

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10
Q

what is negotiation?

A

when key players in a dispute discussing and coming up with an agreement to suit everyone - suitable for when parties want to resolve the issue themselves

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11
Q

what is mediation?

A
  • independent third party brought in to help resolve the issue (mediator)
  • mediator has no role in deciding outcome
  • mediator doesn’t give advice on the issue
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12
Q

role of the federal police?

A

enforcing criminal law, policing airports, counterterrorism, national security, child protection, dealing with crimes against the Commonwealth, police service for ACT and external territories, prevention of human trafficking, and theft of intellectual property crime.

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13
Q

what is conciliation?

A
  • independent third party brought in to help resolve the issue (conciliator)
  • conciliator may have professional expertise in the subject matter of the dispute and will generally provide advice
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14
Q

What is the main function of Community Justice centres?

A

provide free mediation and conflict management services to help people resolve disputes.

examples include disputes between neighbours, disputes regarding children, disputes relating to a business (between clients, contractors etc), and workplace disputes.

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15
Q

what is arbitration?

A

more formal and structured ADR process where parties present arguments and evidence to an independent third party (arbitrator) who makes a binding decision

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16
Q

what are some advantages of tribunals

A
  • cheaper than courts
  • quicker than courts
  • less formal than courts
  • lawyers usually aren’t required
17
Q

Why might a dispute with the state occur?

A
  • a law or regulation has been breached and there are usually formal legal methods that the state will employ to resolve
  • rights of individuals have been infringed by the state
18
Q

what are non-legal methods?

A

refer to those that can be classified as non-judicial methods - meaning methods that are outside the independent judicial system in states and territories. methods include media, members of parliament, trade unions, and interest groups.

19
Q

distinguish the difference between NCAT and AAT

A

NCAT (NSW civil and administrative tribunal)
- state jurisdiction
- matters specific to NSW
- wide range of civil and administrative matters eg. tenancy disputes, consumer claims, guardianship, building and construction issues

AAT (Administrative appeals tribunal)
- national presence within Australia
- national jurisdiction
- focus of reviewing decisions made by the federal government or its agencies eg. social security, migration, taxation
- more formal than NCAT

20
Q

how can members of parliament resolve disputes between individuals and the state?

A
  • they will often be sensitive to issues and concerns raised by citizens and will work hard to resolve any disputes, as they have the power and opportunity too.
21
Q

how does the media effectively resolve disputes?

A
  • by publicising a particular issue the media can exert pressure on the government to either change a particular law or reverse an action.

case example: speed camera disgrace “a current affair”

22
Q

how do trade unions resolve disputes between individuals and the state?

A
  • Marshall groups and the support of members
  • enlist the support of other unions
  • trained personnel, who are skilled negotiators
  • Acquire publicity through their own newsletter and create news.
23
Q

what is an internal review?

A
  • review about a NSW public sector agency conducted by the same agency that the complaint was made about
  • reviewed and monitored by the office of information and privacy commissioner NSW
  • internal reviews can result in no action, apology (formal), remedial compensation or undertakings so that the conduct won’t occur again
24
Q

what is administrative review (external)

A
  • reviews carried out by tribunals (both state and federal)
  • considers the merits of a decision
  • AAT provides independent reviews of administrative decisions
  • often only becomes involved after an internal review has been conducted
  • common decisions reviewed include child support, workers compensation, paid parental leave, social security, student assistance
25
Q

what is judicial review (external)

A
  • made by courts
    legality of decision-making
  • concerned whether a decision has been made correctly and within the legal scope of defined powers and functions
  • doesn’t care if the decision was fair or good only if done with proper legal authority
  • remedies available with jr
  • mandamus
  • prohibition
  • common law remedies
26
Q

what is the ombudsman?

A
  • means the citizen’s defender or representative of the people
  • The role is to keep government agencies and some non-government organisations accountable by promoting good administrative conduct, fair decision-making, high standards of service delivery, and the protection of people’s rights.
  • investigate complaints of individuals and attempt to resolve them - can initiate their own investigations
  • cannot investigate legal bodies.
27
Q

how do interest groups resolve disputes between individuals and the state?

A
  • often bring their causes to the attention of lawmaking bodies
  • usually focused on single issues or assisting particular groups
  • use media to promote their campaigns
28
Q

What is the Independent Commission Against Corruption and its role (ICAC)?

A
  • a statutory authority that operates within the jurisdiction of NSW
  • to investigate and expose corrupt conduct
  • to actively prevent corruption through advice and assistance
  • to educate the NSW community and public sector about corruption
29
Q

what are royal commissions?

A

A royal commission is an independent public inquiry. In Australia, royal commissions are the highest form of inquiry on matters of public importance. They are only established in rare and exceptional circumstances.

30
Q
A
31
Q

What is the Australian Human Rights Commission?

A
  • investigating and conciliating human rights complaints
  • free

Legal Year 11 (4 decks)

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