Resolving Disputes

Section 2 - Individual and the Law

Main Syllabus Points

Hint: the roles of the police will be also be taught in the HSC Crime section

Law Enforcement Agencies

The main law enforcement agencies in Australia are the state and federal police

The difference between the two:

State police enforce the criminal law of the state within the state’s borders

Federal police enforce federal criminal law, and criminal law where it crosses state boundaries

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This code covers:

police powers to stop, search and detain people

police powers to enter and search premises and seize property

police powers to arrest, detain and question suspects

NSW Police

NSW Police are mainly concerned with criminal law covered under The Crimes Act 1900 (NSW)

NSW Police also assist with Apprehended Violence Orders (AVO’s) involving disputes between people

Taser Guns (Controlled Electronic Devices) subdue suspects which sends a strong shock to the nervous system

In 1995, a mentally disabled man, Ron Levi, was shot by police on Bondi Beach after failing to comply with orders

Taser Gun Debate

Taser Gun Debate

Roberto Curti Taser Death

To prevent and detect crimes against Commonwealth law within Australia and on certain circumstances, Australians overseas

The new challenges the AFP faces include terrorism, human trafficking and sexual slavery, cybercrime and family matters.

Australian Federal Police (AFP)

The main concerns:

Immigration

Quarantine

Family Law

Law Enforcement

Australian Customs and Border Security

Commonwealth statutory body working nationally with other federal, state and territory agencies to counter serious and organised crime

Australian Crime Commission

Hosted by the AFP

combat serious and complex crimes involving computer technology, such as online fraud, mule recruitment, and offensive and prohibited internet content

Computer crime is protected under the Criminal Code 1995 (Cth)

Australian High Tech Crime Centre

Established in 1949 acting under the ASIO Act 1979 (Cth)

Espionage (spying), sabotage, politically motivated violence, and attacks on our nation’s defence systems

Australian Security Intelligence Organisation

(ASIO)

ASIO

Disputes Between Individuals

The most common dispute between individuals is Neighbourhood disputes

disputes between individuals can vary in form and complexity

court can be a very expensive and time-consuming avenue to take when resolving a dispute

Alternative dispute resolution (ADR) methods are less formal than courts and can offer advantages of time, cost and expertise.

ALTERNATIVE DISPUTE RESOLUTION

Neighbour Disputes

Discussion between two or more parties with the aim of reaching a mutually beneficial outcome

The first stage of resolving a dispute between parties

1. NEGOTIATION

Mediation and conciliation are similar processes and are usually confidential

Both processes involve a neutral third party who helps the parties to negotiate and reach a decision

The parties may also have their own legal advisers

2. MEDIATION AND CONCILIATION

Dispute Resolution

Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination

EXAMPLE: The NSW teachers’ dispute with the Department of Education and Training in 2008–09

3. ARBITRATION

Provide assistance with the mediation process

6 centres in NSW

Issues include family matters, youth conflict, workplace grievances, neighbourhood arguments and community disputes

Community Justice Centres (CJC’s)

ACA Media Perspective

Disputes with the State

Contacting the media

Informing a political representative

Joining a union

Informing an interest group, NGO

Non-Legal Methods

Disputes with the State

Writing a letter, sending an email or calling a media agency may apply pressure to the Government to change a particular law or action

The Internet as a media source can be a means of communication between people to discuss disputes

1. The Media

Interview with Alan Jones

Politicians may be informed of issues from their electorate and then relay this information to Canberra

Organisation of people applying pressure to their member may be effective in achieving a just outcome

2. Members of Parliament

Alan Jones Influence on Politics

Support workers rights with their employer

Help negotiate workplace agreements

Strikes are considered a last resort if conciliation and arbitration fail

3. Trade Unions

People can join interest groups that share the same political views

4. Interest Groups, NGO’s

Get Up - Lobby Group

`Internal review - by the agency that made the decision (Government Departments)

External review - by an external agency or tribunal (NSW Administrative Decisions Tribunal)

Legal Methods of Challenging Power

Internal Review - Govt

Four Corners - Internal Review PIC

Judicial review - by the courts, where government bodies review their own decisions

Remedies the court can order:

prohibition – an order that stops a decision from being made or implemented

certiorari – an order that reverses a decision that has already been made

mandamus – an order that compels the decision- maker to perform certain types of public duties that have not been performed

injunction – an order that prohibits the decision- maker from implementing an invalid decision

Administrative decisions made by the Australian Government and has quasi-judicial review powers

It can be reviewed by the Australian Federal Court

Established under the Administrative Appeals Tribunal Act 1975 (Cth)

The Administrative Appeals Tribunal

Been in operated since 1998 and operates under the Administrative Decisions Tribunal Act 1997 (NSW)

Its main purpose is to hear discrimination disputes within Government Departments

The Administrative Decisions Tribunal

of NSW

‘citizens’ defender’

Formal external control, with legal power to investigate complaints made by citizens

Complaints are taken seriously, but are only followed through if a prima facie case exists

The Ombudsman

The Ombudsman NSW

1. Anti-Discrimination Board of NSW (ADB)

Part of the NSW Attorney General’s Department

Anti-Discrimination Act 1977 (NSW)

disability, age, race and sex

Statutory Bodies

2. Commissions of Inquiry

Uses the Inquisitorial System

Corruption in the NSW police service (NSW, 1995)

3. Independent Commission Against Corruption (ICAC)

Protect the interests of the public, prevent breaches of public trust, and influence the behaviour of public officials. E.G. The Obeid case.

4. Human Rights Commission (AHRC)

The Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Promotes tolerant, equitable and democratic society, promoting areas of Human Rights

Eddie Obeid ICAC

NSW Govt ICAC

Barry O’Farrell ICAC

Andrew Bolt ICAC