Legal notes part II PDF

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MANWELLA HAWELL 2013

The individuals and the law: Identify the types of rights to which individuals are entitled to

Rights: legal or moral entitlements or permissions – right to life and privacy – right to freedom of speech and religion – right to be free from slavery

– right to an education – right to fair trial – right to not be discriminated against

Outline the responsibilities of citizens within a society

Responsibilities: Legal or moral obligation to a person, group, state or society. – responsibility to follow – responsible for safe – responsible to act politely law driving in public Explain the interrelationship between rights and responsibilities.

Where someone has a responsibility to another person, the other person has a corresponding right to be treated in a particular way. Where citizens have particular rights, the state has a responsibility to protect those rights and ensure that they are not violated by individuals, groups or the state itself. Where someone has a right, someone else has a corresponding responsibility. Outline the role of law enforcement companies

State Police: law enforcement agencies with statewide jurisdiction e.g. search premises, arrest, question suspects Federal Police: are responsible for enforcing federal law and criminal law where crimes cross state boundaries. The key role is to prevent and detect crimes against Commonwealth law within Australia, and in certain circumstances, by Australians overseas. e.g. drug importation and distribution. The powers of the AFP are set out in the Australian Federal Police Act 1979 (Cth). Australian customs and border protection service: discourage unlawful movement of goods and people across the border. Australian crime commission: is a Commonwealth statutory body working nationally with other federal, state and territory agencies to counter serious and organised crime e.g. Collecting and analysing criminal data, investigating federally relevant criminal activity. Australian high tech crime centre: provide a national approach to technology crime. It's role is to combat serious and complex crimes involving computer technology, such as online fraud, and offensive prohibited internet content e.g. remove inappropriate and illegal internet content, such as child pornography Australian security intelligence Organisation role is to gather information that will help the federal government and other law enforcement agencies such as the AFP to prevent and thwart attacks on Australia. Established under the ASIO Act 1979 (Cth) Government departments: The Australian Tax Office (ATO) has the power to enforce certain laws for the protection and benefit of society. For example, under the Income Tax Assessment Act 1936 (Cth), the ATO can investigate and prosecute individuals or companies in relation to tax offences. Identify and examine methods of resolving disputes between individuals Alternative dispute resolution dispute resolution processes, such as mediation, arbitration and conciliation, that do not involve courts Negotiation: means discussion between two or more parties with the aim of reaching a mutually beneficial outcome. Only involves parties involved. Conciliation: disputing parties use the services of a conciliator, who takes an active role, advising the parties, suggesting alternatives and encouraging the parties to reach agreement. The conciliator does not make the decision for them.

MANWELLA HAWELL 2013 Arbitration: a form of alternative dispute resolution in which the disputing parties present their cases before an arbitrator, who makes a decision that is binding on the parties Community justice centres and conflict resolution service: CJCs aim to resolve disputes through mediation e.g. family disputes and youth conflict, workplace grievances, neighbourhood arguments and community disputes. The CRS has existed since 1988 as a non-profit organisation to help solve disputes between neighbours. One of the main methods used to solve disputes is mediation Land and environment court: responsible for interpreting and enforcing environ- mental law in NSW e.g. hears a case that has been decided by a body such as a local council. Resolving disputes with the statements -Internal review - Media - Members of parliament

-non legal methods -trade unions -interest groups, including NGO's

Media: citizens are able to inform the media of a decision they think is unfair, unjust or harsh. There have been many instances in which major networks have taken on a story and caused the government to overturn a decision. Members of parliament: Members of the public can contact MP's if they feel they have been wronged by a government department or agency in that jurisdiction. MP's can help in resolving the dispute so that it does not need to go to court or a tribunal. Trade unions: Unions can help to negotiate a workplace agreement containing important provisions about workplace safety, wages and conditions. Interest groups / NGO's Greenpeace was actively involved in the protest and prevention of Japanese whaling in 2006. Amnesty International, which is concerned solely with the protection of human rights worldwide. Legal methods: external review: Administrative Judicial

Ombudsman Statutory bodies including Independent Commission Australian Human Rights against Corruption (ICAC) Commission Royal Commissions

Internal reviews: In New South Wales, government departments can review their own decisions, procedures or behaviour. External: Administrative- bodies that review specific administrative decisions of government agencies. They are different from courts, as they have narrow areas of jurisdiction, less formal and usually do not allow legal representation e.g. Trader and Tenancy Tribunal, which deals with disputes between consumers and businesses Privacy bodies: laws have been enacted at both state and federal level to prevent information about you from being released to companies, government departments or other citizens. The Privacy Act 1988 (Cth) gives you the right to make a complaint if you think personal information about you. The Courts: make the decision. - Natural justice refers to the person affected - The decision must be justified by appropriate evidence. having the opportunity to be heard, and the - The decision-maker must have observed all decision being unbiased. procedures required by law in making the - The decision must be authorised by the Act under which it was made and must be based only decision, and there must have been no errors of law. on relevant considerations. - The decision-maker must have jurisdiction to The office of the Ombudsman: The office acts as a formal external control, with legal power to investigate complaints made by citizens. It does not have the power to impose any punishment or fine on a government agency or department. Statutory bodies: authorities created by statute for a public purpose – Anti-discrimination board of NSW (ADB): established under the Anti-Discrimination Act 1977 (NSW). Its role is to promote principles and policies of equal opportunity, to ensure

MANWELLA HAWELL 2013

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that people are protected from discrimination (disability, age, race and sex). It advises the government and also informs people about their rights and responsibilities under antidiscrimination laws. The Board will investigate and conciliate complaints when action is necessary. It can issue fines for behaviour that violates anti- discrimination laws. Commissions of inquiry: Commissions of inquiry are set up to investigate serious matters at both state and federal level. Independent Commission against corruption (ICAC): investigate alleged corruption in government. ICAC attempts to protect the interests of the pub- lic, prevent breaches of public trust, and influence the behaviour of public official Australian Human rights commission: contributes to the maintenance and improvement of a tolerant, equitable and democratic society. It provides information through public education programs aimed at the community United Nations: investigates and caters for human rights.

•discuss the legal implications of the use of technology and its impact on the individual •explain difficulties with enforcing rights •assess the role of law reform in addressing emerging technological issues and enforcing rights

Cyberspace: the ‘environment’ in which electronic communication occurs; the culture of the internet libertarians advocates of minimal government control or interference in the lives of individuals Cyber-crimes; Hacking- unathorised access to data held in a computer or computer system The Cybercrime Act 2001 (Cth) amended the Criminal Code 1995 (Cth), as well as the Crimes Act 1914 (Cth) and several other Commonwealth Acts. It created offences pertaining to computers, data and the internet, now contained in the Criminal Code 1995 (Cth). (R v Boden [2002] QCA 164). A hacker may also be charged under state law. For example, in 2001, a former employee of the company that installed a computerised sewerage system for Maroochy Shire Council, Queensland hacked into the council’s computers and caused one million litres of raw sewage to run into public parks and creeks in the Sunshine Coast area. He was convicted on various charges stemming from his breach of s 408D of the Criminal Code 1899 (Qld), which prohibits unauthorised use of identification information for the purpose of committing an indictable offence. Internet Fraud: intentional misrepresentation or concealment of information in order to deceive or mislead. Spam: Under the Spam Act 2003 (Cth), it is illegal to send, or cause to be sent, unsolicited commercial electronic messages. The Spam Act is enforced by the Australian Communications and Media Authority (ACMA), a Commonwealth statutory authority responsible for the regulation of radio and television broadcasting, telephone communications, and the internet....