LEGAL2: RIGHTS, AGENCIES

what are socioeconomic rights, give 5 examples

rights we need in order to live with protected dignity, e.g. housing, food, healthcare, education, sanitation

civil and political rights, give 3 examples

rights we need to be able to participate in society as free citizens, e.g. freedom of movement, freedom of speech, freedom of religion

what role do the Australian and NSW parliaments play in protecting and promoting rights? (give 4 examples of acts)

The Australian parliament has passed laws that enact human rights and obligations. These laws make it illegal to discriminate against vulnerable groups in society, including 

• Sex discrimination act

• Racial discrimination act

• Disability discrimination act

• Age discrimination act

what is equality

To be equal, having the same rights/standing in society, treated the same under the law

what is dignity

The unearned birthright of every person, it means that you are valued for being human, regardless of your status, wealth, or abilities. It dictates that no individual should be subjected to degrading treatment

when can the rights of individuals be restricted to protect the state (2)

• in situations where certain references or claims can cause anarchy amongst society or with attempts to cause division within communities

• to prevent escalated violence/assault, limits on discriminatory speech must be instituted

How can we balance human rights and an individual's freedom of speech

freedom of speech must not infringe on others practiced rights, inclusive of right to privacy. Any enforced restriction on the right to freedom of speech must be reasonable, consistent and proportionate with the rule of law

name 4 aims of the police force

• maintaining social order

• performing emergency rescue missions

• monitoring road safety

• preventing, detecting, investigating crime

What is the role of the aviation command

Provide aerial support to police, to survey from above, statewide as a force multiplier

What is the role of the dog unit

Aim to provide specialist canine services such as general purpose, drugs, firearms explosive and human remains detection 

What is the role of traffic and highway patrol

Is responsible/accountable for the development on all matters regarding traffic policy, enforcement, education and road trauma

What is the role of the police prosector (2)

• Prosecute about 95% of criminal cases on behalf of police force and other agencies with similar jurisdiction

• Provide advocacy services for victims of domestic family violence/provide legal advice

What is the role of the forensic guidance command

Provide high quality forensic and technical services to assist investigation, prevent and disrupt crime, protect the community and serve the justice system

Outline the role of the Australian federal police

to defend and protect Australians from domestic and global security threats. To prevent and disrupt threats to lives, livelihoods, and the comfort of Australians' way of life, here and overseas.

name 7 types of crimes the AFP investigates

• terrorism

• fraud and corruption

• organised crime

• human trafficking

• drug crime

• money laundering

• illegal weapons

explain terrorism (2)

• the unlawful use of violence and intimidation, particularly against civilians to pursue goals through fear and coercion of authority.

• driven by deep seated political grievances, radical ideologies or socioeconomic exclusion

Outline the role of the Australian Border Force

facilitates the movement of people and goods across the border, cooperate closely with other agencies in order to detect, deter and prosecute those who attempt to do harm

what is ADR

Alternative dispute resolution refers to ways of resolving disputes without going to court. ADR aims to save time, reduce costs and help parties reach an agreement more peacefully

what is arbitration

process where parties present arguments and evidence to an arbitrator, who makes a determination. Arbitration is useful where the matter is technical, or where the parties seek confidentiality. Arbitration may be voluntary, ordered by the court or required as part of a contract

2 pros of arbitration

the arbitrator may be a specialist in the subject matter of the dispute or have legal qualifications

the people in dispute need to agree before the process that the arbitrator's decision will be binding and enforceable

2 cons of arbitration

There is a greater need to produce evidence or facts

At the end of the process the arbitrator will make the final decision for the parties, imposed as an award

what is conciliation

process where the conciliator helps people in a dispute to identify issues, develop options, consider alternatives and try to reach an agreement. A conciliator will not make a judgment or decision about the dispute

2 pros of conciliation

Conciliator will not take sides/make decisions, decide who is right and wrong

Conciliator can act as messenger by communicating with the parties separately and expressing ideas/proposals

2 cons of conciliation

Potential power imbalance, if one party is more powerful, wealthy or assertive, weaker party may be pressured into inadequate settlement

Lack of formal justice, focuses on reaching a compromise rather than strictly determining who is legally responsible

what is mediation

Process where the parties have ultimate control, with no input or assistance from the mediator, mediator acts as neutral facilitator whilst parties communicate own solution

2 pros of mediation

The collaborative, party led focus aims to repair ongoing connections, unlike the adversarial nature of arbitration.

Parties can create custom, non legal remedies like restructuring a contract or issuing an apology that an arbitrator cannot award

2 cons of mediation

Zero finality, the mediator cannot make a binding decision, meaning a stubborn party can completely stall the process, unlike arbitration.

The mediator does not verify evidence or cross examine parties, meaning a dishonest person can easily hide assets or lie without facing penalties

Difference of courts and tribunals (define both, 2)

• court is a formal legal body that deals with serious legal disputes and criminal cases, and its decisions are made by judges following strict rules and procedures

• Tribunals are formal, legally established bodies that make binding decisions in specific areas like employment or consumer law  generally quicker, cheaper, and more flexible than courts

what is trade union (4 reasons)

An organisation of workers/employees who collaborate together to achieve common goals, like seeking higher pay and better working conditions, fighting for job security or protecting the integrity of a trade

what are 2 non legal methods of dispute resolution with the state

• media

• members or parliament

explain media as a non legal methods of dispute resolution with the state

Citizens can use newspaper, tv, podcast and socials to draw attention to unfair government decisions, public pressure can encourage reconsidered decisions

explain members of parliament as a non legal methods of dispute resolution with the state

Citizens can contact their local MP for help with issues involving government agencies, MPS can raise concern and advocate on behalf of others

what are two legal methods of dispute resolution with the state

• internal review

• external review

explain internal review as a legal method of dispute resolution with the state (2)

• A government department reviews its own decisions or procedures, quick, cheap

• May be ineffective due to bias from original decision makers

explain external review as a legal method of dispute resolution with the state (3)

• Administrative tribunals (review decisions, less formal, cheap, fast)

• Judicial review, (focuses on legality, not whether decision was fair or correct)

• Ombudsman (investigates complaints, makes recommendations for change, cannot impose penalties or prosecute offenders)