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Resolving Disputes
This document summarizes various law enforcement and dispute resolution agencies in Australia. It discusses the main state and federal police agencies, their powers and responsibilities. It also outlines alternative dispute resolution methods like negotiation, mediation, and arbitration that provide alternatives to resolving disputes in court. Finally, it discusses legal methods for challenging decisions made by the government, including internal reviews, external tribunals like the Administrative Appeals Tribunal, and oversight bodies like the Ombudsman and anti-discrimination commissions.
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Resolving Disputes
- 1. Resolving Disputes Section 2- Individual and the Law
- 2. Main Syllabus Points Hint:the roles of the police will be also be taught in the HSC Crime section
- 4. Law Enforcement Agencies The mainlaw 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
- 5. Law Enforcement (Powers andResponsibilities) 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
- 6. NSW Police aremainly 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
- 7. Taser Guns (Controlled ElectronicDevices) 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
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- 9. Roberto Curti TaserDeath
- 10. To prevent anddetect 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)
- 11. The main concerns: Immigration Quarantine FamilyLaw Law Enforcement Australian Customs and Border Security
- 12. Commonwealth statutory bodyworking nationally with other federal, state and territory agencies to counter serious and organised crime Australian Crime Commission
- 13. Hosted by theAFP 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
- 14. Established in 1949acting 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)
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- 16. Disputes Between Individuals The mostcommon 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
- 18. Alternative dispute resolution(ADR) methods are less formal than courts and can offer advantages of time, cost and expertise. ALTERNATIVE DISPUTE RESOLUTION
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- 20. Discussion between two ormore parties with the aim of reaching a mutually beneficial outcome The first stage of resolving a dispute between parties 1. NEGOTIATION
- 21. Mediation and conciliation aresimilar 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
- 22. Arbitration is aformal 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
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- 24. Specialised court withthe same jurisdiction as the supreme court. The LEC hears cases involving local council, criminal law to the environment and planning disputes. ADR is integrated within this court. Trees (Disputes Between Neighbours) Act 2006 (NSW). Land and Environment Court
- 26. Provide assistance withthe mediation process 6 centres in NSW Issues include family matters, youth conflict, workplace grievances, neighbourhood arguments and community disputes Community Justice Centres (CJC’s)
- 27. Disputes with the State Contactingthe media Informing a political representative Joining a union Informing an interest group, NGO Non-Legal Methods Disputes with the State
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- 34. Politicians may be informedof 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
- 35. Support workers rights withtheir employer Help negotiate workplace agreements Strikes are considered a last resort if conciliation and arbitration fail 3. Trade Unions
- 36. People can joininterest groups that share the same political views 4. Interest Groups, NGO’s
- 38. Get Up -Lobby Group
- 39. `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
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- 42. Established after the WoodRoyal Commission in 1996. Independent from the NSW police force Its prime function is to detect, investigate and prevent police misconduct Police Integrity Commission
- 43. Four Corners -Internal Review PIC
- 44. Administrative decisions madeby 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
- 45. Has been inoperation 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
- 46. ‘citizens’ defender’ Formal externalcontrol, 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
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- 48. 1. Anti-Discrimination Boardof NSW (ADB) Part of the NSW Attorney General’s Department Anti-Discrimination Act 1977 (NSW) disability, age, race and sex Statutory Bodies
- 49. 2. Commissions ofInquiry Uses the Inquisitorial System Corruption in the NSW police service (NSW, 1995) Royal Commission into Institutional Responses to Child Sexual Abuse 2013
- 50. 3. Independent CommissionAgainst 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.
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- 55. 4. Human RightsCommission (AHRC) The Human Rights and Equal Opportunity Commission Act 1986 (Cth) Promotes tolerant, equitable and democratic society, promoting areas of Human Rights