Resolving disputes


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Resolving disputes

  1. 1. Resolving disputes Section 2 - Individual and the LawMonday, 18 June 2012 1
  2. 2. Main Syllabus Points Hint: the roles of the police will be also be taught in the HSC Crime sectionMonday, 18 June 2012 2
  3. 3. Monday, 18 June 2012 3
  4. 4. 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 boundariesMonday, 18 June 2012 4
  5. 5. NSW Police The police are covered by a code of practice. 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 suspectsMonday, 18 June 2012 5
  6. 6. 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 peopleMonday, 18 June 2012 6
  7. 7. Taser Gun Debate 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 ordersMonday, 18 June 2012 7
  8. 8. Taser Gun DebateMonday, 18 June 2012 8
  9. 9. Australian Federal Police (AFP) 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.Monday, 18 June 2012 9
  10. 10. AFP IssuesMonday, 18 June 2012 10
  11. 11. Australian Customs and Border Security The main concerns: Immigration Quarantine Family Law Law EnforcementMonday, 18 June 2012 11
  12. 12. Australian Crime Commission Commonwealth statutory body working nationally with other federal, state and territory agencies to counter serious and organised crimeMonday, 18 June 2012 12
  13. 13. Australian High Tech Crime Centre 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)Monday, 18 June 2012 13
  14. 14. Australian Security Intelligence Organisation (ASIO) Established in 1949 acting under the ASIO Act 1979 (Cth) Espionage (spying), sabotage, politically motivated violence, and attacks on our nation’s defence systemsMonday, 18 June 2012 14
  15. 15. Monday, 18 June 2012 ASIO 15
  16. 16. 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 disputeMonday, 18 June 2012 16
  17. 17. Monday, 18 June 2012 17
  18. 18. Neighbour DisputesMonday, 18 June 2012 18
  19. 19. ALTERNATIVE DISPUTE RESOLUTION Alternative dispute resolution (ADR) methods are less formal than courts and can offer advantages of time, cost and expertise.Monday, 18 June 2012 19
  20. 20. 1. NEGOTIATION Discussion between two or more parties with the aim of reaching a mutually beneficial outcome The first stage of resolving a dispute between partiesMonday, 18 June 2012 20
  21. 21. 2. MEDIATION AND CONCILIATION 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 advisersMonday, 18 June 2012 21
  22. 22. 3. ARBITRATION 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 2008–09Monday, 18 June 2012 22
  23. 23. Community Justice Centres (CJC’s) Provide assistance with the mediation process 6 centres in NSW Issues include family matters, youth conflict, workplace grievances, neighbourhood arguments and community disputesMonday, 18 June 2012 23
  24. 24. Disputes with the State Non-Legal Methods Contacting the media Informing a political representative Joining a union Informing an interest group, NGOMonday, 18 June 2012 24
  25. 25. 1. The Media 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 disputesMonday, 18 June 2012 25
  26. 26. 2. Members of Parliament 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 outcomeMonday, 18 June 2012 26
  27. 27. 3. Trade Unions Support workers rights with their employer Help negotiate workplace agreements Strikes are considered a last resort if conciliation and arbitration failMonday, 18 June 2012 27
  28. 28. 4. Interest Groups, NGO’s People can join interest groups that share the same political viewsMonday, 18 June 2012 28
  29. 29. Legal Methods of Challenging Power Internal review - by the ` agency that made the decision (Government Departments) External review - by an external agency or tribunal (NSW Administrative Decisions Tribunal)Monday, 18 June 2012 29
  30. 30. Monday, 18 June 2012 30
  31. 31. 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 decisionMonday, 18 June 2012 31
  32. 32. The Ombudsman ‘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 existsMonday, 18 June 2012 32
  33. 33. Statutory Bodies 1. Anti-Discrimination Board of NSW (ADB) Part of the NSW Attorney General’s Department Anti-Discrimination Act 1977 (NSW) disability, age, race and sexMonday, 18 June 2012 33
  34. 34. 2. Commissions of Inquiry Uses the Inquisitorial System Corruption in the NSW police service (NSW, 1995)Monday, 18 June 2012 34
  35. 35. 3. Independent Commission Against Corruption (ICAC) Protect the interests of the public, prevent breaches of public trust, and influence the behaviour of public officialsMonday, 18 June 2012 35
  36. 36. 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 RightsMonday, 18 June 2012 36