Syllabus 2

• Themes and challenges to be incorporated throughout this topic

  • Relationship between justice, law and society
  • Relationship between rights and responsibilities
  • Balancing the rights of individuals with the needs of the state
  • Role of the law in regulating technology
  • Effectiveness of legal mechanisms for achieving justice for individuals and society
• Your rights and responsibilities

  The nature of individual rights<|>Relationship between rights and responsibilities
• Resolving disputes

  • Alternative dispute resolution
  • Tribunals
  • Courts
• Non-legal methods for resolving disputes with the state

  • Media
  • Members of parliament
  • Trade unions
  • Interest groups, including non-government
• Legal methods for resolving disputes with the state

  • Internal review
  • External review
  • Judicial (courts)
  • Ombudsman
  • Statutory bodies
• Individual Rights

  Rights needed by each individual to pursue their lives and goals without interference from other individuals or the government
• Protection of individual rights

  Comes from the Constitution, Statute Law, and Common Law
• Types of rights in the Constitution

  • Explicit (express) rights
  • Implied rights
• Explicit (express) rights


  Rights which are written into law and are clearly defined
• Implied rights


  Rights that are not defined in law, but exist because they are an assumption on which a law and the legal system are based
• Rights in the Constitution are static, change or reform requires a referendum, which is costly and time-consuming.
• Statute Law

  Legislation that gives or protects rights
• Rights come from so many different statutes that it is difficult to interpret for most people.
• If the right is not in the Constitution, it can be taken away (suspended) at any time by the government in power.
• Common Law


  Rights from precedents
• Common Law Rights can be overridden at any time by a statute law.
• The HCA can allow people to have rights, but there has to be a case about it in the HCA.
• Rights

  A privilege granted by a governing body that is written into law; a right can be defended or challenged in a court of law.
• Responsibilities

  Legal or moral obligations that a person may have to another person/group/state/society; responsibility to act in a certain way.
• Responsibilities come with rights.
• Individuals have a responsibility to respect the rights of others.
• An individual’s rights exist up until the point that they infringe on someone else’s.
• Law enforcement agencies


  Responsible for upholding statutes at state, federal and local levels.
• Roles of Law enforcement agencies

  • Upholding the law
  • Preventing and investigating crime
  • Providing community protection
• Federal Police (AFP) responsibilities

  • Enforcing federal laws
  • Dealing with crimes crossing state boundaries
  • Dealing with specific crimes like drug importation and distribution
  • Dealing with terrorism, cybercrime, human trafficking and sexual slavery
• Australian Border Force responsibilities

  • Facilitating lawful passage of people and goods
  • Investigations
  • Compliance and enforcement in relation to illicit goods and immigration malpractice
• Australian Criminal Intelligence Commission (ACIC) responsibilities

  • Improving national ability to respond to crime
  • Working with law enforcement to combat serious and organised crime
• Australian High Tech Crime Centre (AHTCC) functions

  • Policy advocacy
  • Strategic intelligence support
  • Crime prevention
  • Education and capability development
• ASIO responsibilities

  • Acts on foreign interference
  • Attacks on Australia's defence system
  • Politically motivated violence
  • Threats to border integrity
  • Provide protective security devices
• Alternative dispute resolution methods

  • Negotiation
  • Mediation
  • Arbitration
• Negotiation

  Voluntary participants control the process and outcome
• Mediation

  Neutral third party helps the participants reach voluntary agreement
• Arbitration

  Non-voluntary process where interested parties have the least control
• Advantages of Negotiation

  • Low-cost
  • Faster than going through court
  • Less stressful
  • Only involves the two parties involved
  • Takes into consideration both parties’ views
• Disadvantages of Negotiation

  • Not enforceable as it is a verbal agreement
  • Not legally binding
  • If people don’t follow the agreement they can be brought to court
  • Voluntary
• Advantages of Mediation

  • Confidential
  • Neutral and independent third party
  • People involved decide the end result
  • More flexible
  • Quicker and lower-cost than court procedures
• Disadvantages of Mediation

  • Cannot be enforced
  • Not legally binding
  • If the case goes to court after mediation, parties can use evidence told in mediation
  • Mediator cannot force an agreement
• Advantages of Arbitration

  • Resolve disputes without going to court
  • Formal process
  • Efficient and flexible
  • Less complicated
  • Confidential
  • Impartial third-party
  • Less expensive than litigation
• Disadvantages of Arbitration

  • Impartiality of the arbitrator can be compromised
  • No jury
  • Lack of transparency
  • No appeal if arbitration is binding
• Advantages of Tribunals

  • Much faster than court procedures
  • Cheaper than going to court