Yearly Flashcards
What can the media do?
Apply pressure on government to change, allows for communication between people to discuss disputes
What can MPs do?
Relay information to Canberra Organisation
What can trade unions do?
Support workers’ rights, strike as a last resort
What can interest groups/NGOs do?
Lobby support from likeminded people
What are the two forms of legal methods of challenging power
Internal review and external review
What is an internal review?
Review made by the agent that made the decision. Usually a government department. Cost effective but rarely effective in terms of practical outcomes
What is an external review?
Review made by an external agency or tribunal
What are the 4 non legal methods of resolving disputes with the state?
- Contacting the media
- Informing a political representative
- Joining a union
- Joining an interest group/NGO
What do administrative and other tribunals do?
- Provide legally binding decisions on complaints about administrative decisions/actions in a timely and cost effective manner
- Less formal than courts, narrow jurisdiction, not bound by evidence, various factors taken into account, no legal representation
- Provide solution not resolve dispute
What is a merit review?
Review facts, law and policy relating and arrive at independent decisions
What is a legally binding review?
Government departments/agencies are bound to the decision
Why has there been an increase in the use of tribunals?
- Government decision making is intrusive in everyday life
- Importance of human rights and of transparency in government
- Courts are expensive
What is NCAT?
- NSW Civil and Administrative Tribunal
- Reviews administrative decisions made by government agencies
What does NCAT review decision on?
- Use of and access to personal information held by gov.
- Firearms licences/ taxation decisions
- Guardianship and financial management
- Administrative decisions made in the community services sector
What is a judicial review?
A court reviews a decision made by a government department on the basis of whether the decision was lawfully made, no judgement on merits or original decision
What remedies can be the outcome of a judicial review?
Prohibition- stops implementation of decision
Certiorari- reverses decision
Mandamus- compels decision, maker performs public duties
Injunction- prohibits decision maker from implementing invalid decision
What is an ombudsman?
- Formal external control with legal power to investigate complaints made by citizens (usually about government agencies)
- Aim is to resolve complaints impartially, informally and quickly
- Cannot override decision of agencies but resolve disputes through consultation, negotiation and formal recommendations to senior levels of government
What are some statutory bodies?
- Anti-Discrimination Board of NSW (ADB)
- Commissions of Inquiry
- Independent Commission Against Corruption (ICAC)
- Australian Human Rights Commission (AHRC)
What are Commissions of Inquiry?
- Use the Inquisitorial System
- Royal commissions= “public inquiry”
- Temporary bodies appointed to provide advice or investigate
- “Institution of last resort”
What is ICAC?
- Independent Commission Against Corruption
- Protect interests of public
- Prevent breaches of public trust
- Influence behaviour of public officials
What is the AHRC?
- Australian Human Rights Commission
- Investigate complaints about discrimination
- Complaint can then go to Federal Court or Federal Magistrates Court where enforceable orders can be made
List the main types of public law
- Criminal law
- Administrative law
- Constitutional law
How is criminal law established?
Established by statute and in some cases common law
Why can criminal law be considered public law?
Because when a person breaks a criminal law they are harming all members of society
What is a crime against a person?
A crime involving injury or threat of injury to another person
What are public order offences?
Crimes that disrupt the activities of society such as being drunk or swearing in a public place
What is administrative law?
Laws relating to the operation of the government and its various departments
What is constitutional law?
Laws involving following the powers and operation of the government outlined in the constitution
What is the difference between private and public law?
In public law, society has been wronged. In private law, the matter is between individuals.
What is a plaintiff?
The person who brings the action
What is a contract?
A legally binding agreement between two or more parties
What is property law?
Anything that can be bought or sold is considered property. Property law involves the many laws governing the way that property transactions are to take place
What is ‘tort law’?
Torts are not criminal matters but involve the actions of one person inconveniencing another person it breaching their rights
What are the four areas of tort law?
Negligence, nuisance, trespassing and defamation
What is negligence?
Concept of ‘duty of care’. Every person has the responsibility to ensure that their actions do not cause harm to others or their property
What is defamation?
Involves damaging another person’s reputation. Misleading information published or broadcast that damages a person’s reputation, not applicable if the information is true/accurate
What is public law?
Law that deals with the powers and obligations of governments and citizens
What is private law?
Law that aims to regulate the relationships between individual, companies and organisations (contract, tort and property)
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is the standard of proof in civil court procedures?
Balance of probabilities
What is causation?
The link between act and crime
What is law reform?
Process of changing the law to make it more current and correct defects
What are the main Australian law enforcement agencies?
State and federal police
