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Legal Studies - Year 11 > Your Rights & Responsibilities > Flashcards

Your Rights & Responsibilities Flashcards

1
Q

Individual Rights

A

Entitlements or permissions which you possess because you are human

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2
Q

Moral Rights

A

Derived from a person’s own ethics and values

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3
Q

Legal Rights

A

Rights outlined in and protected by either common or statute law

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4
Q

Legal Responsibilities

A

Obligations or Duties

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5
Q

The Australian Federal Police

A

Responsible for enforcing federal law and criminal law where crimes cross state boundaries

In certain circumstances, police may also deal with Australians overseas

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6
Q

The New South Wales Police Force

A

Primarily concerned with enforcing criminal law, particularly those offences contained in the Crimes Act 1900 (NSW)

State policing also includes assisting with mediation in family and neighbourhood disputes

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7
Q

The Australian Border Force

A

Play an important role in maintaining the security and integrity of Australia’s borders, dealing with immigration, quarantine, family law and drug importation

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8
Q

The Australian Criminal Intelligence Commission

A

Works at a national level with other federal, state and territory agencies to combat serious and organised crime

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9
Q

The Australian Security Intelligence Organisation

A

Australia’s national security service, and is concerned with counter terrorism & espionage, border integrity and protective security

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10
Q

Stages of ADR

A

Negotiation

Mediation

Conciliation

Arbitration

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11
Q

Negotiation

A

Discussion between two or more parties with the aim of reaching a mutually beneficial outcome

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12
Q

Mediation

A

Similar to negotiation, but the parties use an impartial third party to facilitate discussions and guide the parties to an agreement

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13
Q

Conciliation

A

A conciliator can provide advice to help the parties identify the issues

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14
Q

Arbitration

A

The disputing parties present their cases before an arbitrator, who makes a decision that is binding on the parties

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15
Q

Tribunals

A

Tribunals are a less formal and cheaper dispute resolution method than court

Tribunal members usually have legal training ensuring that they can understand the principles of fairness and natural justice

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16
Q

Example of a Tribunal

A

The NSW Civil and Administrative Tribunal deals with various types of disputes between individuals and disputes against organisations

17
Q

Non-Legal Methods of Resolving Disputes with the State

A

The Media

Members of Parliament

Trade Unions

Interest Groups & NGOs

18
Q

The Media as Dispute Resolution

A

By contacting the media, citizens are able to inform the community of a decisions they think is unfair, unjust or harsh

19
Q

Members of Parliament as Dispute Resolution

A

All citizens within an electorate are able to contact the office of their representative and speak to their MP about an issue that may trouble them

Members of the public can also contact their federal or state MP if they feel they have been wronged by a government department or agency in that jurisdiction

20
Q

Trade Unions as Dispute Resolution

A

In relation to resolving disputes with the state, trade unions can campaign to change government decisions that impact the working conditions of their members

21
Q

Interest Groups as Dispute Resolution

A

Interest groups are groups of people independent of the government with a common interest in a particular issue and are often involved in challenging government decisions in relation to their particular area of interest

By raising awareness and encouraging public support, they can bring about change in relation to government decisions

22
Q

Legal Methods of Resolving Disputes with the State

A

Internal Review

External Review

Judicial Review

23
Q

Internal Review

A

This occurs when a decision is reviewed by the department or agency that made the decision

It will usually be carried out by another, often more senior person within the department/agency

The focus will be on the merits of the decision

24
Q

External Review

A

External review involves a decision being reviewed by a person/organisation that is independent of the original decision maker

25
Q

Administrative Review

A

carried out by various tribunals which assess the merits of the decision

26
Q

Judicial Review

A

a court considers the process by which a decision was made, and will not change the decision but may order that the decision maker reconsider it

27
Q

Ombudsman

A

an independent person who investigates complaints about state or federal government (and some private) departments and agencies

28
Q

The Australian Human Rights Commission

A

An independent statutory body whose mission is to lead the promotion and protection of human rights in Australia and is responsible for enforcing a range of federal human rights laws

29
Q

Independent Commission Against Corruption

A

A public authority completely independent of the government and directly accountable to the NSW Parliament

Its main function is to investigate and expose corruption in the NSW public sector by conducting public inquiries into alleged corrupt behaviour

30
Q

Royal Commission

A

A special inquiry set up by Parliament (NSW or Federal) to inquire into any matter of public importance

31
Q

What are the 3 steps of enforcing rights?

A

Need to identify rights

Establish that they are legally protected

Establish whether they can be legally enforced

32
Q

Is there a general right to privacy in Australia?

A

No

Those that exist are mainly for the protection of personal information - Privacy Act 1988 (Cth)

This act is enforced by the Office of the Australian Information Commissioner

33
Q

Intellectual Property

A

The legal term given to creations that have commercial value that can be protected by law

34
Q

What are the protections in relation to intellectual property?

A

Copyright - Text

Patents - Design

Trademarks - Companies

35
Q

Universal Music Australia V Sharman (2005)

A

File sharing network Kazan was shut down because the software was being used to share music

36
Q

Roadshow Films v iiNet (2012)

A

Roadshow claimed that iiNet itself infringed the copyright of films by authorising the communication in Australia to the public of films without permission

iiNet won the case, meaning that ISPs can provide access to the internet without being sued for authorising their customers acts of copyright infringement

Legal Studies - Year 11 (7 decks)

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