RESOLVING DISPUTES WITH THE INDIVIDUAL/STATE

LAW ENFORCEMENT AGNECIES

• NSW POLICE

• AUSTRALIAN FEDERAL POLICE

• AUSTRALIAN BORDER FORCE

• AUSTRALIAN CRIME INTELLIGENT COMISSION

• AUSTRALIAN HIGH TECH CRIME CENTRE

• AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION

NSW POLICE

Legislation: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Role: upholding the law, preventing and investigating crime and providing community projection.

powers: arrest, search and seize

CASE: ‘Inquest into deaths arising from the Lindt Cafe Siege (2014)’

• in 2014, police played a key role in responding to the Lindt cafe siege using counterterrorism powers and working with federal agencies to protect civillians and manage threat.

AUSTRALIAN FEDERAL POLICE

Legislation: Australian Federal Police Act (Cth)

Role: enforcing federal law and criminal law where crimes cross state boundaries, preventing and detecting within Australia, against commonwealth law.

CASE: ‘Operation Ironside (AFP, 2021)’

• In 2023, the AFP arrested multiple individuals involved in a 1-7 billion drug bust linked to an international crime syndicte.

AUSTRALIAN BORDER FORCE

Legislation: Australian Border Force Act 2015 (Cth)

Role: monitor and enforce customs, immigration and border protection laws.

CASE: ‘Operation Jetengine disrupts criminal activity at Melbourne Airport (ABF, 2024)’

• JETENGINE aimed to identify, monitor and disrupt criminality within the aviation supply chain across VIC, focusing. on trusted insiders exploiting their position for criminal activities.

AUSTRALIAN HIGH TECH CRIME CENTRE

Legislation: operated under the AFP via the Australian Federal police act 1979 (cth)

Role: combat cybercrime, including identity theft, child exploitation and hacking.

CASE: ‘Australian Children Removed from harm and 19 men charged with child abuse offences (AFP, 2023)’

• Operations bakis led to the arrest of 19 men across Australia for child abuse offences following intelligence shaped by the FBI and resulted in the rescue of 13 children abuse offences (AFP, 2023)

AUSTRALIAN CRIME INTELLIGENCE COMMISSION

Legislation: Australian Crime Commission Act 2002 (Cth)

Role: collects and analyse criminal intelligence; support national crime- fighting efforts.

CASE: ‘Report 23 of the National Wastewater Drug Monitoring program (ACIF, 2024)’

• Australia illicit drug markets and consumption habits, reports revealing ongoing high illicit stimulant use across the country.

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION

Legislation: Australian Security Intelligence Organisation Act 1979 (Cth)

Role: gather intelligence to protect against terrorism and national security threats

CASE: ‘ASIO Chief Mike Burgres tells social media submit of ‘disturbing rise in youth radicilsation,(ABC News, 2024))’

• ASIO’s director expressed concern over the increasing radicalisation of minors online, highlighting that artificial intelligence could accelerate the spread of extremism among youth.

METHODS INDIVIDUALS USE TO RESOLVE DISPUTES

• ALTERNATIVE DISPUTE RESOLUTION

• TRIBUNALS

• COURTS

ALTERNATIVE DISPUTE RESOLUTIN

• dispute resolution process that does not involve courts.

  TYPES:

• negotiation

• mediation

• concilliation

• arbitration

NEGOTIATION

• discussion between two parties to reach a mutually beneficial outcome

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• involved consideration of the other party’s views, and some degree of comprimise

  EFFECTIVE:

• cost-effective

• timely

• relationship preservation

  INEFFECTIVE:

• lacks enforcability

• emotional strain

• deadlock: reached no agreement

  EVIDENCE:

MEDIATION

• a neutral, third party assists (two or more) parties to reach an agreement

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• mediator is not an expert in the subject but will be an expert in the process of mediation

  EFFECTIVE:

• cost-effective

• time efficient

• less formal but private

  INEFFECTIVE:

• lacks enforcability

• power imbalance

• no guranteed outcome

• mediation relies on boht parties to willingly participate

  EVIDENCE: R v Bumdely 2012 (NSW)

• Family court of AUS acknowledges mediation in resolving parenting disputes before the final hearing

CONCILIATION

• a neutral, third party assists (two or more) parties to reach an agreement

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• conciliator is an expert in the subject matter

  EFFECTIVE:

• cost-effective

• time efficient

• expertise

• preserves relationship

  INEFFECTIVE:

• non bindning

• power imbalance

• no guranteed resolution

• not suitable for all disputes

  EVIDENCE: R v Bumdely 2011 (NSW)

• Australian Human Rights Commission reordered this racial discrimination complaint

ARBITRATION

• an independant third party determines how the dispute is to be resolved

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• abribator makes a decision that is binding on the parties

  EFFECTIVE:

• legally binding

• maintains confidentiality

• neutral third party → no bias

  INEFFECTIVE:

• costly

• fewer opportunities to appeal

• limited fairness, lack of public record

  EVIDENCE: Winton V 360 Capital group 2018

• commercial arbation where parties disrupted a contract involving instruments. The abribiator made a binding ruling avoiding a drown out court case.

TRIBUNALS

• less formal and expensive method of dispute resolution than the court system

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• person presiding over the tribunal may have specialist expertise rather than specific legal training

  EFFECTIVE:

• cost effective

• faster resolution

• accessible and informal

• expertise in special areas

• flexible remedies

• reduced burden on courts

  INEFFECTIVE:

• limited jurisdiction

• perception of a bias or informality

• no strict precedent

• limited enforcibility

  EVIDENCE: Nsw civil and administrative tribunal tenonary dispute (2021)

• landlord claimed unpaid rent, the tenant argued the home and unlivable , NLAT ruled particularly in favour of both and set payment refund.

COURTS

• lf individuals involved in a dispute cannot resolve it by way of alternative methods, they will need to take the matter to iritgation.

  HOW DOES IT RESOLVE DISPUTES BETWEEN INDIVIDUALS?

• By taking legal action between the parties

• EFFECTIVE:

• impartial/fair

• legal expertise

• access to justice

  INEFFECTIVE:

• time consuming

• adverserial nature

• high cost

  EVIDENCE: Plessas V Coogee Diggers Club (2025) NCAT

• Tina Pleass, owner of Ceec Café, secured a 3-month extension from NCAT to continue operating her café amid a leasing dispute with Coogee Diggers Club.

• Pleass claimed the club attempted to evict her by cutting off services (e.g. beer taps, electronic payments).

NON LEGAL METHODS

• MEMBERS OF PARLIAMENTS

• TRADE UNIONS

• INTEREST GROUPS; EX; NON GOV ORGS

LEGAL METHODS

• INTERNAL REVIEW

• EXTERNAL REVIEW

• ADMINISTRATIVE

• JUDICIAL COURTS

• OMBUDSMAN

• AUSTRALIAN HUMAN RIGHTS COMMISSION'

• INDEPENDANT COMMISSION AGAINST CORRUPTION

• ROYAL COMMISSIONS

WHAT IS A NON LEGAL METHOD?

• informal methods that are not under the law

WHAT ARE LEGAL METHODS

• Non legal methods help enforce rights of individuals when disputes are in need of public awareness and support, challenging the state and course of the dispute.

MEDIA

• Definition: TV, newspapers, social media, emails, radio.
  How it resolves disputes: Raises issues publicly; government pressured to respond.
  Effectiveness:

  • Reaches large audiences

  • Pressures government/orgs

  • Sparks law reform
    Ineffectiveness:

  • Can be biased

  • Misrepresents facts

  • Public opinion doesn’t always = legal change
    Evidence: ABC News (2020) – media backlash over Robo-debt → ABC News (2020) – Robo-debt scheme: The government’s automated debt recovery program wrongly accused thousands of welfare recipients of owing money. Media coverage sparked public outrage, exposing errors in the scheme.
    Effectiveness: Public and media pressure forced the government to repay $1.8 billion and issue an apology, proving media’s power to drive accountability and law reform.

MEMBERS OF PARLIAMENTS

Definition: Elected reps of electorates.
How it resolves disputes: Assist constituents, raise issues in parliament.
Effectiveness:

• Direct influence on law

• Raises community concerns formally
  Ineffectiveness:

• Limited by party politics

• Minority issues ignored

• Politically strategic, slow to act
  Evidence: MPs push for National Domestic Violence Register (Guardian, 2022). →

• MPs campaigned in parliament for a national system recording domestic violence offenders, aiming to improve protection for victims.
  Effectiveness: Shows MPs can represent community concerns in a formal setting and influence legislation that strengthens protections.

TRADE UNION

Definition: Groups protecting employment rights.
How it resolves disputes: Negotiate agreements, workplace safety, pay conditions, legal action.
Effectiveness:

• Secure better wages/conditions

• Represent workers

• Influence workplace law
  Ineffectiveness:

• Politically polarising

• Limited power if low membership

• Not all industries covered
  Evidence: Sydney Morning Herald (2023) – unions win 15% aged-care pay rise via Fair Work Commission. The Australian Council of Trade Unions (ACTU) advocated for better pay and conditions in aged care. Their campaign led to the Fair Work Commission awarding a 15% pay increase.
  Effectiveness: Demonstrates how unions can successfully negotiate systemic changes to improve wages and working conditions through legal and political channels.

INTEREST GROUPS/NGOs

Definition: Groups with shared values/goals (e.g. refugees, environment).
How it resolves disputes: Awareness campaigns, lobbying, public pressure, resources/education.
Effectiveness:

• Raise awareness

• Influence public policy

• Provide resources
  Ineffectiveness:

• Limited funding/power

• Government can ignore them
  Evidence: SBS News – Refugee advocacy groups call for end to offshore detention

• Human rights groups protested against Australia’s offshore detention centres, highlighting poor conditions and breaches of rights.
  Effectiveness: Shows how NGOs raise awareness, apply pressure to government policy, and keep social justice issues in public debate, influencing long-term law and policy reform.

WHAT IS A LEGAL METHOD?

• Definition: Formal methods under the law to enforce rights and resolve disputes.

• Purpose: Ensure government decisions are lawful, fair, and open to challenge.

INTERNAL REVIEW

• Definition: Government department investigates its own decisions.

• Effectiveness: Cost-effective, quick resolution.

• Ineffectiveness: Potential bias if reviewers were involved in the original decision.

• Case: Massoud and Secretary, Department of Social Services [2017] AATA 1366.

• Massoud and Secretary, Department of Social Services [2017] AATA 1366 shows how internal review operates, as the applicant first challenged the decision within the Department before appealing to the AAT. This highlights that internal review provides a quick, accessible way for agencies to correct errors before external review is sought.

ADMINISTRATIVE REVIEW

• Definition: Individuals can challenge government administrative decisions.

• Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth).

• Effectiveness: Flexible, less formal, promotes accountability and transparency.

• Ineffectiveness: Limited to administrative errors, government resistance to change.

• Case: Massoud and Secretary, Department of Social Services [2017] AATA 1366

• shows how internal review operates, as the applicant first challenged the decision within the Department before appealing to the AAT. This highlights that internal review provides a quick, accessible way for agencies to correct errors before external review is sought.

  You said:

JUDICIAL REVIEW

• Definition: Court reviews lawfulness of government decisions.

• Legislation: Administrative Decisions (Judicial Review) Act 1977.

• Effectiveness: Ensures natural justice, legal remedies, holds government accountable.

• Ineffectiveness: Expensive, complex, limited standing.

• Case: Minister for Immigration and Citizenship v SZMDS (2010).

• concerned a Pakistani asylum seeker whose protection visa was refused, with the RRT’s decision challenged as “illogical.” The High Court held that while illogicality can be a jurisdictional error, the threshold is very high. This case shows judicial review is limited, as courts won’t overturn tribunal findings unless no rational decision-maker could have reached them.

OMBUDSMAN

• Definition: Independent body investigating complaints about government agencies.

• Legislation: Ombudsman Act 1976 (Cth).

• Effectiveness: Free, accessible, independent, promotes accountability.

• Ineffectiveness: Cannot enforce recommendations, limited jurisdiction.

• Case: David Dungay Jr (NSW Ombudsman investigation, 2019).

• David Dungay Jr died in custody in 2015 after being restrained while crying “I can’t breathe.” The 2019 NSW Ombudsman found failures in training and emergency response. No officers were disciplined, sparking outrage and calls for reform.

AUSTRALIAN HUMANS RIGHT COMMISSION

• Definition: Protects and promotes human rights, investigates discrimination.

• Legislation: Australian Human Rights Commission Act 1986 (Cth).

• Effectiveness: Accessible, independent, resolves discrimination cases.

• Ineffectiveness: Limited enforcement power, backlog of cases.

• Case: Evans v NSW (2008) — protest law challenge.

• concerned a Christian protester who challenged World Youth Day regulations restricting “annoyance” near the event. The Federal Court struck down the law as unconstitutional, finding it infringed the implied freedom of political communication. This case shows limits on government power to restrict peaceful protest in public spaces.

INDEPENDANT COMMISSION AGAINST CORRUPTION

• Definition: Investigates corruption in public institutions.

• Legislation: Independent Commission Against Corruption Act 1988 (NSW).

• Effectiveness: Exposes corruption, increases accountability, strong deterrent.

• Ineffectiveness: Cannot directly prosecute, reputational damage risk.

• Case: Operation Jasper & Acacia (2013) — exposed corruption over mining licenses.

• Operation Jasper and Acacia (2013) were ICAC inquiries that exposed ex-minister Ian Macdonald’s corrupt granting of coal licences to benefit the Obeid family. ICAC found confidential leaks and rigged processes, leading to criminal referrals. The NSW government cancelled the licences and tightened mining laws.

ROYAL COMMISSION

• Definition: Formal inquiries with strong investigatory powers.

• Legislation: Royal Commissions Act 1923 (Cth).

• Effectiveness: Independent, expose systemic failures, influence policy reform.

• Ineffectiveness: Recommendations not binding, expensive, time-consuming.

• Case: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023).

• The 2023 Disability Royal Commission found widespread abuse and neglect of people with disability. It recommended a new Disability Rights Act and ending segregated settings. The government is considering reforms in response.