the individual and the law: resolving disputes Flashcards
what does the NSW Police do
- protect the community
- prevent, detect, investigate crimes
- reduce violence, crime, fear
- jurisdiction —> NSW
- enforce: fraud, scams, domestic violence, robbery
what do the Australian federal police do?
- protect australians from serious criminal threats
- enforce: commonwealth criminal laws, human trafficking, counterfeit currency, international fraud
what does the australian border force do?
- protect australia’s border
- enable legitimate travel and trade
- work with AFP and defence force
- enforce: border protection, border watch
what is australian criminal intelligence commission?
- protection from serious criminal threats
- coordinate a strategic response
- collects assess and disseminate intelligence and policing information
- enforce: drug smuggling, money laundering
what does australian security intelligence organisation do
- national security service
- warns government about security threats from politically motivated violence from communities in australia
- enforce: terrorism
what is an alternative dispute resolution?
- dispute resolution methods not involving courts
- saves time and money for participants
- process: negotiation —> mediation —> conciliation—> arbitration
what is negotiation?
dialogue intended to resolve disputes and produce an agreement on further courses of action
- minimises conflict
- least expensive
- timely
- flexible
- preserves good will
- surrender of individual rights
- not all successful
- additional cost
- power imbalance
what is conciliation?
help two or more parties in the presence of a neutral third party to reach an agreement
- conciliator takes an active role, suggests alternatives and encourages an agreement
- cheap; timely
- flexible
- preserves good will
- access expert advice
- used in many areas
- surrender of rights
- additional costs
- power imbalance
- communication between parties must be good
what is arbitration?
parties present case in front of an arbitrator to make a binding decision
- dispute will be resolved
- less formal and costly than a court
- arbitrator knows are covered
- appeal is possible
- costs more
- decision imposed on parties
what are community justice centres
resolves disputes through mediation, informal & impartial to all communities
- confidential
- voluntary
- timely
- accessible
what is the NSW land & environment court?
hears cases involving environmental planning and protection appeals
- promotes ADR
- quick/accessible
- mediation is free
- timely —> delays
- costly
what does media do
bring attention to issues, encourage discussions, government may listen and reverse a decision
- quickly disseminates info
- embarrasses government —> overturns decision
- can be biased
- sources nor always reliable
what are members of parliament and what do they do?
elected by votes to represent interests of an electorate, being issues to parliament, try to resolve disputes, does everything they can be to be re-elected
- place pressure on their party
- act in favour of citizens requests
- relies on community participation
- may not get involved if issues does not affect their electorate
what are trade unions
help negotiate a workplace agreement, take action when employer proposes bad proposes bad changes, put pressure on government through media, challenge new legislation
- use their size to put pressure on government
- only help members
- government may take legal action against union to override their powers
what are interest groups & ngos
use media to encourage discussions on state decisions, hold the government accountable
- raise awareness of issues
- use media to quickly spread message
- rely on individuals donation for funding
- may be biased
