Your Rights & Responsibilities Flashcards
Individual Rights
Entitlements or permissions which you possess because you are human
Moral Rights
Derived from a person’s own ethics and values
Legal Rights
Rights outlined in and protected by either common or statute law
Legal Responsibilities
Obligations or Duties
The Australian Federal Police
Responsible for enforcing federal law and criminal law where crimes cross state boundaries
In certain circumstances, police may also deal with Australians overseas
The New South Wales Police Force
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
The Australian Border Force
Play an important role in maintaining the security and integrity of Australia’s borders, dealing with immigration, quarantine, family law and drug importation
The Australian Criminal Intelligence Commission
Works at a national level with other federal, state and territory agencies to combat serious and organised crime
The Australian Security Intelligence Organisation
Australia’s national security service, and is concerned with counter terrorism & espionage, border integrity and protective security
Stages of ADR
Negotiation
Mediation
Conciliation
Arbitration
Negotiation
Discussion between two or more parties with the aim of reaching a mutually beneficial outcome
Mediation
Similar to negotiation, but the parties use an impartial third party to facilitate discussions and guide the parties to an agreement
Conciliation
A conciliator can provide advice to help the parties identify the issues
Arbitration
The disputing parties present their cases before an arbitrator, who makes a decision that is binding on the parties
Tribunals
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
Example of a Tribunal
The NSW Civil and Administrative Tribunal deals with various types of disputes between individuals and disputes against organisations
Non-Legal Methods of Resolving Disputes with the State
The Media
Members of Parliament
Trade Unions
Interest Groups & NGOs
The Media as Dispute Resolution
By contacting the media, citizens are able to inform the community of a decisions they think is unfair, unjust or harsh
Members of Parliament as Dispute Resolution
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
Trade Unions as Dispute Resolution
In relation to resolving disputes with the state, trade unions can campaign to change government decisions that impact the working conditions of their members
Interest Groups as Dispute Resolution
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
Legal Methods of Resolving Disputes with the State
Internal Review
External Review
Judicial Review
Internal Review
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
External Review
External review involves a decision being reviewed by a person/organisation that is independent of the original decision maker
Administrative Review
carried out by various tribunals which assess the merits of the decision
Judicial Review
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
Ombudsman
an independent person who investigates complaints about state or federal government (and some private) departments and agencies
The Australian Human Rights Commission
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
Independent Commission Against Corruption
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
Royal Commission
A special inquiry set up by Parliament (NSW or Federal) to inquire into any matter of public importance
What are the 3 steps of enforcing rights?
Need to identify rights
Establish that they are legally protected
Establish whether they can be legally enforced
Is there a general right to privacy in Australia?
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
Intellectual Property
The legal term given to creations that have commercial value that can be protected by law
What are the protections in relation to intellectual property?
Copyright - Text
Patents - Design
Trademarks - Companies
Universal Music Australia V Sharman (2005)
File sharing network Kazan was shut down because the software was being used to share music
Roadshow Films v iiNet (2012)
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
