Individual and the Law – Rights and Responsibilities

Vocabulary flashcards covering key terms related to individual rights, responsibilities, human-rights instruments, Indigenous legal concepts, and mechanisms for dispute resolution.

Right (General Definition)

A legal or moral entitlement, e.g., the right to education.

Responsibility (General Definition)

A legal or moral obligation, e.g., a teacher’s duty to teach.

Moral Rights

Rights based on ethical beliefs; not legally enforceable and open to debate.

Economic, Social and Cultural Rights

Rights ensuring people have the necessities to live with dignity; codified in the 1976 International Covenant on Economic, Social and Cultural Rights.

Civil and Political Rights

Rights that protect individuals from actions of oppressive governments and guarantee participation in public life.

Environmental Rights

The right to access and use environmental resources now and in the future.

Consumer Rights

Protections for buyers under laws such as the Trade Practices Act 1974 (Cth) and Fair Trading Act 1987.

Universal Declaration of Human Rights (UDHR)

1948 UN document outlining fundamental rights for all people.

Social, Cultural and Moral Responsibilities

Non-legal obligations considered appropriate by public opinion but not enforceable by law.

Legal Responsibilities

Duties imposed by common law or statute, enforceable by courts.

Statutory Responsibilities

Specific duties created by legislation, e.g., paying tax or providing employee superannuation.

Bill of Rights

A formal document listing basic human rights and the limits on government power, used in the US, UK, NZ, etc.

Advantage of an Australian Bill of Rights

• Would formally enshrine and strengthen protection of fundamental and minority rights.

• A bill of rights would protect the rights of minorities.

• A bill of rights would allow Australia to meet its international obligations more effectively.

Disadvantage of an Australian Bill of Rights

• Could quickly become outdated and may limit rights to the wording adopted.

• Rights are already protected by statutes and the common law.

• A bill of rights would actually restrict rights, because once defined, a right is limited by the words in which it is expressed.

State Police

Law-enforcement agency responsible for upholding state and territory laws.

Federal Police

National police force enforcing Commonwealth laws and protecting federal interests.

Australian Customs & Border Protection

Agency responsible for monitoring and securing Australia’s borders and customs regulations.

Australian Customs & Border Protection

Agency responsible for monitoring and securing Australia’s borders and customs regulations.

Alternative Dispute Resolution (ADR)

Methods used to resolve disputes without traditional court litigation, often involving mediation, conciliation, or arbitration.

Mediation

A voluntary process where a neutral third party facilitates discussion to help disputing parties reach a mutually acceptable agreement.

Conciliation

A process similar to mediation but where the neutral third party may suggest solutions, often used in consumer or industrial relations disputes.

Arbitration

A formal process where a neutral third party hears both sides of a dispute and makes a binding decision.

Grounds for disputing government decisions

Individuals can dispute decisions based on procedural unfairness, ultra vires actions (beyond legal power), unreasonableness, or error of law.

Internal Review (Government Decisions)

The initial step to dispute a government decision, where the agency that made the decision re-examines it.

External Review (Government Decisions)

A review of a government decision by an independent body, such as tribunals (e.g., AAT) or the Ombudsman.

Ombudsman

An official appointed to investigate complaints made by individuals against public authorities or other organizations.

Privacy Rights in the Digital Age

An individual's right to control their personal information and how it is collected, stored, and shared online, protected by privacy laws (Privacy Act).

Laissez-faire Approach

An approach to governance that advocates for minimal government interference, allowing the market and private sector to largely self-regulate.

interventionist approach

An approach to internet governance that involves significant government regulation and control to address issues such as privacy, security, or content.

Cybercrime

Criminal activities carried out using computers or the internet, such as fraud, hacking, identity theft, and online harassment.

Cybercrime

Criminal activities carried out using computers or the internet, such as fraud, hacking, identity theft, and online harassment.

Jurisdiction in Cyberspace

The complex challenge of applying national laws to online activities and data that operate across international borders.

Intellectual Property Rights (Digital)

Legal protections for creations of the mind in the digital environment, including copyright for digital content and software, and patents for digital inventions.

Advantage of Internal Review

Provides a quick, cost-effective initial mechanism for agencies to correct their own errors, reducing the need for more formal external processes.

Advantage of External Review

Offers an independent and impartial assessment of government decisions, enhancing fairness, transparency, and often leading to legally binding resolutions.

Role of the media (Non-Legal Method)

The media plays a crucial role in holding the government accountable, influencing public policy, and highlighting cases of injustice, as seen in the Haneef case and opposition to the Gunns pulp mill.

Role of Members of Parliament (Non-Legal Method)

Members of Parliament (MPs) advocate for constituents, raise issues in Parliament, bring attention to systemic problems, and can attract media attention to government decisions or inaction.

Role of Trade Unions (Non-Legal Method)

Trade unions provide support to workers facing unfair treatment, advocate with employers, represent workers in tribunals, and have historically driven major legal reforms like the Fair Work Act.

Role of GetUp! Action for Australia (Non-Legal Method)

GetUp! Action for Australia is a non-government organization that uses non-legal methods like public campaigns, petitions, and lobbying to influence government policy and corporate behavior on issues such as climate action and human rights (e.g., Adani coal mine, marriage equality).

Role of Special Interest Groups (Non-Legal Method)

Organisations that advocate for specific causes or segments of society by lobbying government, conducting research, fundraising, and launching public awareness campaigns to influence public policy and legislation.