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
what is an internal review?
government department reviews urs own decision
- cheap
- quickly reviewed
- biased
- conflict of interest
what is an external review (administrative tribunals)
independent body reviews government decision
- deals with a broad range of matters - tenancy, guardianship, admin review of government decisions
- efficient
- low cost
- less formal
- considers variety of factors
- decisions can be remade
- accessible
- not all government decisions are subject to administrative review
what is external review (privacy bodies)
responsible for privacy functions conferred by the Privacy Act and other laws
- free to complain
- decisions can be appealed
- not wholly effective
- restricted by jurisdiction
- only makes recommendations
what are the courts (judicial review)
court with relevant jurisdiction reviews a decision on the basis of if it was lawfully made
- wider grounds for review of state law
- satisfactory outcomes
- protects legal rights
- issues remedies
- cannot remake decision
- slow and costly
- limited review of statute law
- can worsen dispute
what is the office of ombudsman
investigates complaints made by citizens against public sector agencies
- effectiveness relies on publicity
- wmbarssses government —> changes are made
- only makes recommendations
- can’t impose punishments
- restrictions on who can be investigated
what are royal commissions
investigate serious matters at state and federal levels
- strong powers when calling witnesses
- can’t prosecute offenders
- only makes recommendations
what is the independent commission against corruption?
investigates alleged corruption in the government
- leads to changes in public administration systems and prosecution
- independent of government
- strong powers
- only makes recommendations
- can’t prosecute offenders
what is the australian human rights commission
independent statutory organisation reporting to attorney general responsible for education, public awareness, discrimination and human rights complaints
- contributes to maintenance and improvement of a tolerant, equitable & and democratic society
- only make recommendations
