LB

the individual and the law

Rights and Responsibilities

  • Rights are legal or moral entitlements that individuals possess. These can be:

    • Legal rights: Protected by law (e.g. right to vote, freedom of speech).

    • Human rights: Universal rights such as freedom from discrimination.

    • International rights: Rights protected by treaties (e.g. UN Declaration of Human Rights).

    • Domestic rights: Rights specific to Australian law (e.g. right to silence).

 

  • Responsibilities are duties or obligations individuals have within society. These include:

    • Obeying the law

    • Paying taxes

    • Respecting the rights of others

  • Interrelationship between rights and responsibilities:

  • Rights often come with responsibilities. For example, the right to free speech carries the responsibility not to incite violence or hatred.

  • Balancing individual rights with the needs of society is a key legal challenge.

 

⚖ Resolving Disputes

Disputes can arise between individuals or between individuals and the state. The legal system provides mechanisms to resolve these fairly.

1.      Law Enforcement Agencies

  • NSW Police Force: Enforces state laws and maintains public order.

  • Australian Federal Police (AFP): Enforces federal laws and handles national security.

  • Other agencies: Include Border Force, ASIC, and regulatory bodies.

 

2.      Resolving Disputes Between Individual

  Alternative Dispute Resolution (ADR):

Negotiation: Informal discussion to reach agreement.

Mediation: Neutral third party helps parties reach a solution.

Conciliation: Similar to mediation but conciliator may suggest outcomes.

Arbitration: Legally binding decision made by an arbitrator.

  • Tribunals:

    • Less formal than courts, often used for administrative or civil disputes.

    • Example: NSW Civil and Administrative Tribunal (NCAT).

  • Courts:

  • Used when ADR fails or for serious matters.

  • Includes Local, District, and Supreme Courts depending on severity.

 

3. Resolving Disputes with the State

  • Legal Methods:

    • Internal review: Government agency reviews its own decision.

    • External review: Independent bodies review decisions (e.g. courts, tribunals).

    • Judicial review: Courts assess legality of government actions.

    • Statutory bodies: Include the Australian Human Rights Commission, ICAC, Ombudsman.

  • Non-Legal Methods:

  • Media: Raises public awareness and pressure.

  • Members of Parliament: Can advocate for constituents.

  • NGOs and interest groups: Campaign for change and support individuals.