The individual and the law

-rights are the entitlements that people have by legal or moral authority. If you have a right to
something, others are legally or morally prohibited from taking it away from you. Example is the moral
rights case which is R Vs. Blaue it is a criminal case which the court of appeal deiced the refusal of
johivans witness to accept blood transfusion after being stabbed did not constitute the breaking of
chain (if one event or action lead to another),for the purposes of legal causation. It also included the
jurys decision which found the defendant guilty, but it was accepted under the thin skull rule where
(the defendant is found liable for all his/her consequences,) and in this matter Blaue was sentenced to
life imprisonment.

-types of rights:

Interrelationships between the rights and responsibilities:

At times the rights and responsibilities come at conflict to the state, local or national ,Example: smoking
being outlawed in several places as you cant smoke in restaurants, beaches / Christian roosieter case
the right to die/anti-terror laws where protection of society verses civil liberties.

2. Resolving disputes the roles of federal and state police and law enforcement agencies:

o The NSW police force is to prevent crime, investigate crime and arrest and prosecute offenders.
They chiefly enforce the crimes act 1900. The NSW police force has jurisdiction only within
NSW. They only have powers within the boundaries of the state and they must seek assistance
of the police services for crimes. They may question anyone if there is investigation. Police
cannot normally enter into their premises or search unless a crime scene is established.
o The Australian federal police deal with the threat of terrors and smuggling. They collaborate
with domestic and overseas policing organisations to fight trans-border crime. Also provide
police for the UN and other international peacekeeping organisations.
o The Australian quarantine and inspection service is charged with stopping diseases and pests
entering Australia.
o Australian security intelligence organisation warns the government about security threats
from politically motivated violence and from persons who promote violence in different
communities in Australia.
o Australian customs and border protection services have the responsibility for ensuring those
people entering Australia do it lawfully. It protects borders against drugs, illegal fire arms

Resolving disputes between individuals

Alternative dispute resolution :( ADR)

-going to courts can be expensive therefore looking at an ADR is a better plan

-civil cases cost between 30000 and 40000

-ADR uses a variety of methods to resolve disputes within parties without involving court process.

-ADR saves time and money.

1-negotiation: Discussion between 2 or more parties with the aim of reaching a mutually beneficial
outcome. It involves consideration of other partys views and often some degree of compromise, usually
the first stage of resolving a dispute between parities. It has no formal setting it can occur anywhere,
example, neighbors conflicts.

2-mediation: Independent third party who assists parties in reaching an acceptable resolution for both
parties. In this case the mediator does not provide advice on matters or impose a decision on the
parties, Can be entered into voluntary or court directed.it can happen at community justice centers.

3-conciliation A 3rd party also helps the parties to identify the issues, consider alternative options to
solve the dispute, and reach an agreement. In this case the third part as being the conciliator can advise
the parties although he or she doesnt make a decision. The third is professionally qualified and
responsible for managing the process. It can happen at community justice enters and tribunals.

4-arbitration Formal dispute resolution process in which 2 or more parties refer their dispute to an
independent third party an arbitrator for determination. Less formal than court where the third parties
hear the evidence of both sides and then impose a decision on the parties. The third party is neutral and
knowledgeable in the area of the dispute. It happens at tribunals.

Tribunals:

Tribunals can assist individuals in serious disputes they may have with other individuals and businesses.
Commercial disputes are dealt within the consumer trade and tenancy tribunal and can make
enforceable rules. The difference to courts is

1-the parties have greater control over the running of the proceedings
2-they have narrow areas of jurisdiction
3-less formal than courts
4-restrict legal relations to minimise costs
5-generally not bound by the rule of evidence that apply in courts and therefore are able to take
into account factors courts could not
6-decisions made by tribunals could be appealed to higher courts.

Courts:

Courts are a governmental body that adjudicates legal disputes by interpreting and applying the law to
specific cases.

Hierarchy

High court
Supreme Court

District court

Local court

Effectiveness of methods of resolving disputes:

Method Advantages Disadvantages

Negotiation Solves disputes in the Lacks enforceability
most efficient and Relies on
informal way between communication ability
the individuals of parties
concerned
Minimises conflict
Least expensive option
Mediation and Solution is allocated May not lead to a
conciliation not imposed satisfactory outcome
Compromise need to can be a waste of time
follow strict principles
of law
Arbitration More formal than Decision is imposed on
mediation and less parties
formal than courts Less efficient than
Arbitrator is neutral mediation and
and expert in issues negotiation
covered
Appeal possible to
court
Courts strict rules of evidence Process usually
to protest rights expensive and stressful
Decisions are Time consuming
binding(enforceable)
They are followed
through with

Land and environmental court is a specialist court it is responsible for interpreting and enforcing
environmental rules in nsw.

Resolving disputes within the state:

Non legal methods

1-media

By writing a letter, sending an email or calling television and radio stations, citizens are able to inform
the media of a decision they think is unjust, unfair or harsh e.g: asylum seekers
As well as the internet this is a source of information and a way of communication.

2-members of parliament

MPs are elected by voters to represent a particular area of electrote, citizens are able to contact the MP
about an issue that faces them and troubles them.

3-tradeunions:

Groups of people in various industries unite to form trade unions to protect their rights and conditions
of employment /unions help negotiate provisions about work place safety, wages and conditions as
going on a strike.

4-interest groups including NGOs

People can form groups where they share political values or aims, or have a specific goal or challenging
state decision such as green peace; they are actively involved in the protest and prevention of Japanese
whaling.

Legal methods

Internal review

It is when Government departments can review their own decisions procedures and behaviours.
An advantage of the reviews that it is very cost effective
A disadvantage is people conducting the review have been involved with a decision that is in
appropriate and incorrect./as police review a complain against an officer

External review

Administrative and other tribunals

They are bodies that use specific administrative decisions of government agencies they offer time
efficient and low cost means of resolving disputes /as administrative decision tribunal hears cases
involved in allegations of discrimination and professional misconduct and they review administrative
decision od NSW government.

Ombudsman

Citizens defendant into government departments, do they act as a formal external control with legal
power to investigate complaints by citizens.

Statutory bodies:

Are authorities created by statutes for a public purpose.

Antidiscrimination board:
 Established under the anti-discrimination act 1975 (nsw). It has the role to provide principles
and policies of equal opportunity throughout NSW, to ensure that people are protected from
discrimination on the basis of characteristics such as age, race, sex
It investigates and conciliates
Cost effective and time efficient
Has power to issue fines where it enforces the law (enforceability)
It has deterrence

Independent commission against corruption (ICAC)

Independent statutory body that investigates alleged corruption in government as bribery ,

fraud and theft
Report to parliament that corrupt behaviour has occurred
They are enforceable/they act as a deterrence

Human rights commission

It contributes to the improvement of a tolerant, equitable and democratic society.

It holds public enquires, advices parliament and investigates discrimination complains
Reflects societys values

Royal commission

Investigates serious matters at both state and federal level

They are a fact finding exercise
They call for witness as corruption in police force
Act as a deterrent