TOPIC 1: THE LEGAL SYSTEM

CHAPTER 1: KEY LEGAL CONCEPTS

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LAW: A special type of rule that has been made by a person or institution with ‘sovereign power’. Laws govern the relationship between people - 4
and society.
o In Australia, Sovereign Power is Parliament.
o Society elects members of parliament to make laws on their behalf.
o Statute laws: laws made by parliament.
o Laws inform society of appropriate behaviour.
MEANING OF LAW
o Provides a framework for society.
o Binding on all members of the community.
o Creates justice for victims.
FEATURES OF THE LAW:
o UNIVERSAL: Law applies consistently and constantly. The law is always in effect.
o APPLIES TO EVERYONE: Regardless of power, wealth, status etc, everyone must comply.
CUSTOMS, RULES CUSTOMS: Collective habits or traditions that have developed in a society over a long period of time. - 4-6
AND LAW RULES: Regulations or principles governing procedure or controlling conduct.
o Customs vary depending on the culture, religion and history of a group of people, society or country.
o Customary law is principles and procedures that have developed through general usage according to the customs of a people or a nation.
o Three types of customary law that have influence in Australian legal system are:
 Aboriginal + Torres Strait Islander customary law.
 English customary law
 International customary law
o Rules refer to prescribed directions for conduct in certain situations.
o Laws have certain characteristics that make them different from rules:
 Binding on the whole community.
 Can be enforced.
 Officially recognised.
 Accessible/discoverable.
 Relate to public interest.
 Reflect rights and duties.
o Laws are designed to be fair, just and equitable and to reflect traditional and current ethics.
VALUES AND VALUES: Principles, standards or qualities considered worthwhile or desirable within a society. Values and 7
ETHICS ETHICS: Rules or standards directing the behaviour of a person or the members of a profession, OR a major branch of philosophy, which Ethics
 investigates the nature of values and of right and wrong.
o Living by our ethics means that we do things that we consider to be right.
o Lawmakers try to incorporate values and ethics into our laws.
o Different groups in society have different standards of what is morally right/wrong.
o Values are society’s ways of prioritising the importance of different moral choices.
o No punishment for not having or following certain values.
o Ethics tell people the correct way of behaviour in a certain situation.
o Recently many groups have voiced their values + ethics to influence the law.
o Values and ethics are closely interrelated.
o The legal system has the role of reflecting the ethical choices and values of society.
o Since society is diverse the law tries to reflect the values held by the dominant culture in society.
CHARACTERISTICS IT TREATS ALL PEOPLE EQUALLY The 7
OF JUST LAWS o Equality is an important aspect of the law. Characteristic
o Equality before the law doesn’t always mean equality of outcome. s of a Just
IT IS BASED ON GENERALLY HELD RELIGIOUS OR ETHICAL PRECEPTS Law or
o The legal system retains religious and ethical rules as the basis for many laws. Judicial
o Laws today are less based on religious precepts than ethical ones. Decision
IT IS UTALITARIAN
o A theory that suggests that laws and decisions should be based on the idea of ensuring the greatest possible happiness for the greatest Characteristic
possible number of people. s of just laws
o Must benefit society, even if some individuals are disadvantaged.
IT LEAVES PEOPLE FREE
o If a citizen does not break a genuine law, the citizen is free to act according to their wishes.
IT MUST NOT BE RETROSPECTIVE
o Laws must be made for the future.
o Laws must not change the legal status of the past.
IT CAN BE INVOKED WITHOUT UNDUE DELAY
o Laws and decisions should deal with a legal problem or dispute as soon as possible.
o This is a major criticism of civil cases in Australia – may wait years for court dates.
IT MUST BE KNOWN
o Laws must be discoverable.
NATURE OF EQUALITY: the state or quality of being equal; that is, of having the same rights or status. Nature of 8-9
JUSTICE o Means that all people in a society are treated in the same way with respect to political, social and civil rights and opportunities, and that Justice
o EQUALITY no one enjoys unfair advantage or suffers unfair disadvantage.
o FAIRNESS o DOLI INCAPAX: Incapable of crime e.g. children under the age of 10.
o ACCESS FAIRNESS: freedom from bias, dishonesty or injustice; a concept commonly related to everyday activities.
o It is sometimes possible for an opinion about what is fair to be justified or mistaken, however there is no single mechanism for deciding
 what is fair or ensuring fairness.
ACCESS: the right or opportunity to make use of something.
o The concept of justice suggests that everyone who is covered by a legal system and its laws should have equal access to that legal
system.
PROCEDURAL PROCEDURAL FAIRNESS: States that those responsible for making legal decisions must do so without bias and use only the evidence - 9-10
FAIRNESS presented to them.
o The right of a person to participate in legal actions in which they are involved in.
o Right of the defendant to know the accusation against them.
o Right of the defendant to have a hearing in which they can present evidence.
o Right to have the matter heard before a court that is free from bias.
o The right of the accused to not have previous convictions brought up during the trial.
o The right to test the evidence brought forward.
RULE OF LAW RULE OF LAW: The concept that all people within a nation are bound by the law. Rule of Law 10-13
o Government must be bound by the same laws. Articles
o Controls placed on authorities to ensure they don’t abuse power.
o Accused should not be forced to incriminate themselves.
o Accused must be aware of allegations.
o Human rights are protected.
o Some people follow the law because they value it and think it is ethical, others follow it because they fear the consequences.
o If there is no one to enforce the law – this fear is removed, and anarchy will emerge.
ARTICLES:
o Justin Timberlake Article
 Due to lockout laws, Justin Timberlake was unable to enter his afterparty at a Sydney club after 1am.
 Demonstrates that Australian law has no exemptions for celebrities.
o Government Article
 MP caught using phone while driving, turned himself in.
 Law also applies to its creators.
ANARCHY ANARCHY: A situation where there is an absence of leadership. - 13-14
o Where there is anarchy, there is no legitimate power in society.
o Disorder and confusion.
o Rule of law doesn’t exist.
o Can happen during times of war or after a natural disaster.
Article:
o Anarchy in Somalia
 Somalia has been running without a specific government since 1991 – surviving in anarchy.
TYRANNY TYRANNY: Situation where the government of a nation is in the hands of one person who has absolute power. - 14
o Power is unrestricted.
 CHAPTER 2: SOURCES OF CONTEMPORARY AUSTRALIAN LAW

IMPORTANT LEGISLATION:

o Commonwealth of Australia Constitution Act 1900 (UK)

o Administrative Decisions (Judicial Review) Act 1977
o Australia Act 1986 (Cth)

SIGNIFICANT CASES:

o R v Brislan; Ex parte William [1935] HCA 78

o South Australia v Commonwealth [1942] HCA 14
o Murphyores v The Commonwealth

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DEVELOPMENT o Prior to the court system, there was trial by ordeal (a physical test of guilt). Origins of 18
OF COMMON LAW  Difficult to prove guilt. Common
 Society ruled by religion. Law
o 1066 – England invaded by William the Conqueror.
o He sent Justices (judges) around England.
o These judges made sure there was a common set of laws, which has become COMMON LAW.
COMMON LAW: A collection of legal principles and rules are derived from the decisions of judges in higher courts.
o Judges must follow statute law.
o If there is no relevant law, the judge can turn to common law to resolve dispute.
o Used to differentiate the laws between judges and parliament.
EQUITY & PRECEDENT: A judgement made by a court that establishes a point of law. The Doctrine 21-25
PRECEDENT o A judge who follows precedent is attempting to resolve legal issues in a certain way based on a similar issue that was resolved in the past. of Precedent

MAKING A PRECEDENT: Donoghue v

o When a judge decides in a certain case where there is no existing common or statute law. Stevenson
 The judge must rely on common sense and principles of law.
o Created by the way judges interpret legislation.
RULES OF PRECEDENT:
o Binding Precedent
 Must be followed.
  Case must be sufficiently similar.
 All judges in a state must follow the same precedents.
o Persuasive Precedent
 May influence a decision, but a court is not bound to follow it.
NOTES ON PRECEDENTS:
o Precedents provide authority for the legal principle contained in a decision.
o The doctrine of precedent is known as stare decisis.
o Precedent means that old cases retain authority, which allows decisions to be used as a basis for new cases.
EQUITY: The body of law that supplements the common law and corrects injustices by judging each case on its merits and applying principles of
fairness.
o Different from common law as binding precedent does not apply and each judge can make their own decision on their individual cases.
o Rules of equity override common law.
ADVERSARIAL o 2 sides opposing each other + 3rd party (judge). Overview of 18
SYSTEM OF TRIAL o Allows for cross-examination. the
o Presider cannot question a witness. Adversarial v
o Jury trials are mandatory in all indictable matters unless an accused waives that right. Inquisitorial
o The accused has the right to see all evidence against them prior to trial. System
o If the accused pleads guilty, they receive a discount on their sentence.
Adversarial
System of
Trial
COURT HIERARCHY: The level of each court. Yellow Blue 25-29
HIERARCHY + JURISDICTION: The type of cases does each court deal with. Pink
JURISDICTION HIGH COURT (FULL COURT) Diagram
o Seven judges
o Final court of appeal NSW Courts
HIGH COURT (PARTIAL) Table
o 1-3 judges
o Appeals from NSW Courts of Appeal on criminal and civil matters. Quick Quiz
NSW SUPREME COURT the Court
o NSW Court of Criminal Appeal Hierarchy
 Deals with appeals from criminal cases (usually has 3 judges).
 Often hears ‘stated’ cases (not going through the whole trial again – just going through the original judge’s decision and deciding
whether there was a mistake of law).
o NSW Court of Appeal
 This is part of the supreme court, but it usually has 3 judges.
NSW SUPREME COURT (SINGLE JUDGE)
o Very serious criminal cases, such as murder.
 o Civil cases involving over $750,000
o Civil matters such as wills, injunctions.
NSW DISTRICT COURT
o Serious criminal cases such as armed robbery, sexual assault, basically anything except murder, treason or piracy.
o Civil cases between $100,000 - $750,000.
DRUG COURT
o Deals with offenders who are dependent on drugs.
NSW LOCAL COURTS
o Minor criminal matters.
o Committal hearings; when you are charged with any crime, you go to a local court first to decide if:
 There is any real evidence for your case to continue.
 Which court your case should be heard in.
STATUTE LAW STATUTE LAW: Laws made by parliament. - 29
o Known as ‘legislation’ and ‘Acts of Parliament’.
o State, territory and federal governments have the right to make laws.
o The Australian Constitution sets out the powers of the state and federal parliaments about making law.
ROLE AND BICAMERAL: Containing two chambers or houses of Parliament. The Legal 30
STRUCTURE OF o Three levels of Parliament; Federal, State and Local. System- The
PARLIAMENT o Federal Parliament makes laws that affect all Australians, as they have sovereign power. Role and
o State Parliament makes laws that are enforced within their state/territory, relating to areas not covered in the Constitution. Structure of
o Local Councils make laws that relate to local community issues. Parliament.
o Federal Parliament is made up of the Governor-General (who represents the Queen), as well as the Senate and the House of
Representatives.
o For a political party to form the Government, they must hold majority of seats in the House of Representatives.
 150 members elected into the House of Representatives.
 The next largest party forms the opposition.
o The senators represent Australia’s states and territories.
 76 Senators; 12 per state and 2 per territory.
o The Senate suggests changes for the proposals made in the House of Representatives.
LEGISLATIVE BILL: A drafted law that has not yet been passed by Parliament. - 31-32
PROCESS ACT OF PARLIAMENT: Statute law, resulting from a bill successfully passing through parliament and gaining royal assent.
1. Need Identified
A need for a new law is identifies by the Government.
2. Draft Bill
Cabinet approves the drafting of a bill.
3. First Reading
The first formal reading of the bill takes place.
 4. Second Reading
Minister speaks about and elaborates on the proposed bill.
5. Committee Stage
Bill is examined and debated in detail.
6. Third Reading
A vote is taken on the bill.
7. Upper House
Process is repeated in the Upper House.
8. Royal Assent
Bill is presented to the Governor-General for approval on behalf of the Queen.
DELEGATED DELEGATED LEGISLATION: Laws made by authorities other than parliament, which are delegated the power to do this by an Act of - 32-33
LEGISLATION Parliament.
o Involves ‘less important’ laws that Parliament doesn’t have time to draft, consider and pass, and so delegates the responsibility to
‘subordinate’ bodies, such as Government Departments or Local Councils.
o An act that authorises a body to make delegated legislation is called an ‘enabling Act’.
o Types of Delegated Legislation include:
 Regulations
 Laws made by the Governor-General, state governors or members of the executive council.
 Ordinances
 Laws made for Australian Territories.
 Rules
 Legislation made for Government Departments, usually by the Department involved.
 By-Laws
 Laws made by local councils, which are restricted to the area governed by that council.
THE CONSTITUTION: A document that outlines the rules for Parliament. - 33-35
CONSTITUTION o Established in 1901.
o Main role is to determine the powers that can be exercised by the Commonwealth Government and the State Government i.e. Division of
Power.
FEDERATION: Process of uniting states to form one national Government.
o All Australians are bound by the Constitution.
o All laws must comply with the Constitution.
o The constitution is not a regular law.
o It is a special law that defines the power of our lawmakers – but that power is limited.
REFERENDUM: The referral of an issue to the electorate for a vote.
o Changing the constitution requires a referendum, and before this the Parliament must pass a bill to propose the change.
 There must be a majority of votes (min. 4 states).
DIVISION OF DIVISION OF POWERS: The constitution divided up the power between the federal government and the states. - 35-38
POWERS o Section 51: Specifies powers of federal parliament (+ CONCURRENT POWER)
 o Section 52: Outlines the exclusive powers of federal parliament.
RESIDUAL POWER: Matters that the state can legislate.
EXCLUSIVE POWER: Power only granted to the Commonwealth Government.
CONCURRENT POWER: Power that is shared between both levels of Government.
SEPARATION OF SEPARATON OF POWERS: Shows how we separate our legal institution into three sections so that nobody has absolute power. Separation of 40
POWERS o Judiciary Sect Powers
 Power to make judgements on law.
o Parliamentary Sect
 Power to make and change laws.
o Executive Government
 Power to put laws into action.
o The aim of this is to ensure that authority is evenly distributed between the three groups to avoid abuse of power and corruption.
ROLE OF THE o Protect the constitution by ensuring governments act within their power. - 41-45
HIGH COURT o Exercise original jurisdiction.
o Act as a final court of appeal.
o Its principal function is to interpret the constitution and to settle disputes about its meaning.
o Has the power to consider commonwealth/state legislation and determine whether such legislation is within the powers.
DIVERSE NATURE o ATSI Law is based on tradition, ritual and socially acceptable conduct which is known as customary law. 45-47
OF CUSTOMARY o ATSI Law is tribal and different tribes have their own variations of customary law.
LAWS o Disputes are not restricted to the individual.
o Everyone in the community can be involved in the resolution (this could be negotiation or mediation of the dispute).
SPIRITUAL BASIS, o The idea of individual land ownership is unknown to ATSI thought. 47-48
SIGNIFICANCE OF o Land belongs to the group and loss of this land means losing the tribe’s culture and history.
LAND AND WATER o ATSI peoples have links to the sea, lakes, rivers and all bodies of water, and they are cared for by the group under customary law.
o Failure to follow the traditional laws can be seen as a failure to show respect for the land and traditional values.
FAMILY AND o Kinship is a reference to family relationships and extended family ties. 48
KINSHIP Customary
o Traditional ways of living have been characterised by extended family networks living in close communities.
Law
o This feature of such societies is significant when making laws and enforcing them.
RITUAL AND ORAL o Customary laws have been passed on from generation to generation by word of mouth and through ritual. 48
TRADITIONS o Different people in different tribes know different laws.
o During ceremonial meetings, laws are passed on and reinforced through dance and storytelling.
o These ceremonies are sacred and people from the outside community are not allowed to participate or watch.
MEDIATION AND o Discussions or meetings, rather than formal judicial processes, would be held during ceremonial times. 48
SANCTIONS o Elders and influential members of the tribe might meet the people in conflict and use discussion and dialogue to settle the dispute.
o When sacred law has been broken, elders are directly involved in applying sanctions.
o For the most serious offences, elders may need to ensure that the punishment is appropriately carried out and restraint is exercised.
DIFFERENCES DOMESTIC LAW: Each country has laws for its own people. This happens due to the sovereign power of each nation. 49
BETWEEN o Universal  applies to all within that nation.
DOMESTIC AND o Enforced by police.
INTERNATIONAL o Created by Sovereign Power and Parliament.
LAW INTERNATIONAL LAW: Governs the relationship between nation-states. It enables countries to participate in trade and provides maintenance of
peace and security. This therefore reduces conflict. Without International Law nations would be unable to expand.
o Applies only to nations that agree to be bound by international law.
o Enforced by complex legal tribunals and the International Court of Justice.
o Created by negotiations between countries that can take years.
STATE SOVEREIGNTY: Each state (country) has the authority to make rules/laws for its population and has the power to enforce them. 49
SOVEREIGNTY o The ability to make, execute and apply laws (separation of powers).
o Imposing and collecting taxes.
o The ability to make war and peace.
o Making treaties and agreements.
o Engaging in trade and commerce with foreign nations.
SOURCES OF INT. INTERNATIONAL CUSTOMARY LAW 50-53
LAW o Based on longstanding traditions of common practises followed by a nation to the point that they are considered acceptable by the
international community.
o Difficult to prove its existence.
o Not contained within a written document.
o This form of international law develops over time, as it requires ‘constant and uniform’ practice of states to be accepted as law.
DECLARATION
o A formal statement of a party’s position on an issue; a declaration is not legally binding under international law.
o International instruments that state and clarify the parties’ position on issues
o Example: Universal Declaration of Human Rights in response to the Holocaust.
o UN Declarations are usually not legally binding.
TREATIES
o An international agreement concluded between states in written form and governed by international law.
o Bilateral (2 countries) or multilateral (multiple countries).
o Open to the whole international community.
o Must be in writing.
o Concluded by nation’s sovereign power.
o Binding obligation.
o More countries = more power.
1. NEGOTIATION: discussion of conditions
2. CONSENT: sign the agreement
3. RATIFICATION: nations pass domestic law in acceptance of treaty
 4. RESERVATION: allows a nation to withdraw from a treaty
o Used to make specific laws and to control conduct and cooperation between and within states.
LEGAL DECISIONS
o Common law is based on the doctrine of precedent  this doesn’t apply to international law.
o However, decisions that are made in international courts are a means of recognising the law.
o There is no binding precedent in the ICJ.
o The International Court of Justice (ICJ), which is part of the United Nations, is the judicial body that deals with disputes between states.
o Precedent does not apply.
o The International Criminal Court (ICC) and the European Court of Human Rights (ECHR).
LEGAL WRITINGS
o The writings of the academics that practice in the field of international law whose published opinions are respected by the international
legal community.
o They assist in developing ruled in treaties and laws.
o Governments may seek the assistance of experts.
o Scholarly legal writings may be drawn upon for the purpose of interpreting treaties or determining their application in international
disputes.
ROLES OF INT. UNITED NATIONS 53-57
LAW o Established in 1945 by the charter of the united nations.
o 193 members.
o Main objectives:
 World peace
 Friendly relations
 Equal rights
 Cooperation in solving int. problems.
o Central to the protection of human rights, addressing terrorism, poverty and emergency aid.
o UN GENERAL ASSEMBLY
 All relations are a part of this.
 Meet every year.
 Discusses and makes recommendations on the operations of the UN.
o THE SECURITY COUNCIL
 Most powerful body with 5 permanent members (China, France, USA, UK and Russia).
 Has final say.
 Members have primary role of maintaining peace – power has biggest impact in world, signed to large amounts of treaties.
o THE SECRETARIAT
 Surveys economic/social trends
o ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
 Forum to discuss economic/social progress.
 o INTERNATIONAL COURT OF JUSTICE
 Judicial system of the UN
 Settles international disputes.
COURTS AND TRIBUNALS
o International Court of Justice
o Resolves international disputes.
o Court for countries – not individuals.
INTERGOVERNMENTAL ORGANISATIONS
o Organised groups of states established to pursue mutual interests in a wide variety of areas.
o Makes collective decisions about international issues.
o E.g. European Union
NGO’S
o Associations based on common interests and aims.
o No connection with any government.
o E.g. Amnesty International, Red Cross and Greenpeace.

CHAPTER 3: CLASSIFICATION OF LAW

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PUBLIC LAW PUBLIC LAW: Laws dealing with relationships between individuals and the state.
o CRIMINAL
 The court on behalf of the people will pass on laws to make things illegal.
 When an individual commits a crime, it’s against the law.
 Summary + Indictable Offences
 The state accuses a person on behalf of the citizens.
 Accused will provide a defence.
 Needs to be proven beyond reasonable doubt.
 Defendant is innocent until proven guilty.
 MENSREA: Guilty mind e.g. having the intention to murder someone.
 ACTUS REUS: Knowing a crime was wrong e.g. being aware that murder is illegal.
o ADMINISTRATIVE
 Deals with government powers and decisions made by Government bodies.
 Ensures the accountability of the Government.
 Provides ways that people can get information on and challenge the Government.
 Regulates government decisions.
o CONSTITUTIONAL
  If a law violates the rules contained in the Australian constitution, the case must go to the High Court of Australia.
 Division and Separation of Powers
PRIVATE LAW PRIVATE LAW: Regulates the relationship between individuals and organisations.
o CONTRACT
 One party believes the other has failed to fulfil the specified requirements of a contract.
 Elements of a contract:
 Invitation
 Offer
 Consideration
 Needs:
 Agreement
 Intention
 Compliance
 Legal Capacity
o TORT
 Protects a person’s safety and security as well as physical and intellectual property/reputation.
 Compensation
 E.g. defamation, trespass, negligence.
o PROPERTY
 Anything that can be bought/sold.
 Focused on land ownership  high monetary value.
CRIMINAL + PERSONNEL
CIVIL COURT o JUDGE
PROCEDURES  Decides on questions of law.
 Sums up the case for the jury.
 Gives sentencing in criminal cases.
 Hired and fired by the government.
o MAGISTRATE
 Judges in the local court where there are no juries.
 Hears committal hearings and decides on prima
facie.
o BARRISTER
 Lawyers who argue their case.
 Cross-examination.
o SOLICITORS
 Lawyers who help the barristers.
 They can help with non-court issues.
o JURORS
  Makes up a 12-person jury.
 Decides on questions of fact.
 Judgement based on the evidence presented.
 Cannot investigate.

COMMON + o Many countries throughout the world have a system of law based on the common and civil principles of law, or a combination of both.
CIVIL LAW o Civil law has its origins in Roman law.
SYSTEMS o Common law was developed from customs.
o In civil law, judges apply the rules in the code of law to various cases before them, whereas in common law, the rules are derived in part
from specific court rulings.

CHAPTER 4: LAW REFORM

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LAW REFORM LAW REFORM: Implementing changes to existing laws with the aim of enhancing justice.
o If law doesn’t change:
 They lose their relevance over time.
 Could create more injustice.
 Legal system loses support of the people.\
o Law reflects society  society changes  law changes
CONDITIONS o Law reform must happen because of a FAILURE OF EXISTING LAW.
 The current law doesn’t work, so it must be changed.
o If the law doesn’t change with society’s values = parliament is not representing people.
o The law must keep up with changing social values, otherwise people will be punished for doing things that are socially acceptable.
 EXAMPLE: Same-sex relationships.
o NEW CONCEPTS OF JUSTICE: As society becomes more complex, concepts of justice change.
o If the law is unable to deliver just outcomes = law reform.
 EXAMPLES: Youth justice conferencing, Circle sentencing.
o NEW TECHNOLOGY: As technology improves, the law must try to keep up and cover new types of technology used by both
individuals and investigators.
 EXAMPLES: Cyber bullying, DNA testing, Artificial reproductive technology.
o Changes in technology have led to existing laws being changed to include rules and regulations for the provision of certain actions.
AGENCIES o LAW REFORM COMMISSIONS
 Make recommendations on how to change our law and the way it is carried out.
 Located in most states and territories.
 National: Australian Law Reform Commission (ALRC)
  Aim to:
 Eliminate defects in laws.
 Eliminate out-of-date laws.
 Simplify the law.
 Use new ways of administering the law.
 They investigate laws, prepare reports on them and make recommendations to the NSW Attorney General (AG).
 EXAMPLE: NSW Bail Act
o PARLIAMENTARY COMMITTEES
 Made up of MP’s, handle issues that parliament don’t have time to discuss in depth and make recommendations to the rest of
Parliament.
 A Parliamentary Committee can be:
 A Select Committee – one off task.
 A Standing Committee – Permanent group.
o MEDIA
 Includes any publicly available publications (online, newspapers, blogs, TV).
 The media can change public opinion, which can lead to changes in the law.
o NON-GOVERNMENT ORGANISATIONS (NGO’S)
 Any organisation that is not part of the government but represents the interests of a certain group.
 HUMANITARIAN: e.g. Amnesty International
 RELIGIOUS: e.g. Caritas Australia
 BUSINESS: e.g. Australian Council of Business.
MECHANISMS o COURTS
 Interpret and apply law provided by Parliament.
 Judges can change laws by precedent.
 However, statute law always overrides common law.
o PARLIAMENT
 Main lawmakers.
 Reform the law by passing legislation,
 Politicians want to get elected, so changes will only be made if they’re popular.
 Passes amendments.
 EXAMPLE: Crimes Act 1900  Crimes Amendment Act 2012
o UNITED NATIONS
 Has been able to encourage international support for treaties/conventions.
 Treaties influence domestic law after ratification.
 Difficulties:
 Lack of commitment.
 Difficult to get countries to agree.
 History of failures.
 o INTERGOVERNMENTAL ORGANISATIONS
 Organisations that have sovereign states (individual countries) as members.
 EXAMPLE: United Nations, European Union and the World Trade Organisation.
 Common Goals
 Able to:
 Encourage cooperation between states.
 Provide a forum for countries to resolve disputes without violence.
 Create consistency across countries in law reform.

CHAPTER 5: LAW REFORM IN ACTION

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NATIVE TITLE TERRA NULLIUS
TERRA NULLIUS: Land belonging to no one.
o Captain Cook used the loophole in the doctrine of terra nullius by saying that, yes, there were “natives”, but because they had no
churches or farms with fences, that they had no civilised government that he could possibly make treaties with.
o Under international law, there are three ways to claim any land discovered:
1. CONQUER – Go to war against natives and win.
2. CESSATION – Natives hand land over.
3. TERRA NULLIUS – Land not belonging to anyone thus can be overtaken by explorers.
THE ROLES OF THE HIGH COURT AND FEDERAL PARLIAMENT
o Took 204 years for legal recognition of native title.
 Law reform processes have not been very effective because of their slow implementation.
o Although there has been law reform relating to native title, the progress has been slow.
o Overturning Terra Nullius was an obstacle for communities.
MAJOR NATIVE TITLE DECISIONS
o The Mabo Case
 Eddie Mabo wanted to gain native title of the land he grew up on.
 Went against the Australian Government.
 Outcome – Native Title Act 1993, Terra Nullius was overturned.
 Was the turning point for the recognition of Aboriginal and Torres Strait Islander people’s rights.
o The Wik Case
 Wik people wanted to gain native title on land that was covered by a pastoral lease.
 Outcome – amendments to the Native Title Act, native title had to coexist with farmers.
 Allowed ATSI peoples to co-own pastorally leased land, however pastoral owners had overruling power if there was a
conflict.
o The Yorta Yorta Case
  Yorta Yorta people wanted land and water rights over Victorian land that they had not occupied since the 19th century.
 Outcome – were not able to gain Native Title as they could not prove sufficient connection to the land.
 Made it so that ATSI peoples must prove acknowledgement and observance of laws and customs over a substantially
uninterrupted period since British colonisation.
LEGISLATION
STATE LEGISLATION
o National Parks + Wildlife Act 1974
 Provides protection of places and relics that are significant to ATSI culture.
 SIGNIFICANCE: Able to preserve ATSI culture for future generations.
o Aboriginal Land Rights Act 1983
 Recognises that land was owned by ATSI people, land had spiritual, social, cultural and economic significance, importance of
land and negative previous Government decisions.
 SIGNIFICANCE: Established a system of land councils and ATSI peoples have the power to make claims on Crown land if
they are able to prove a connection.
FEDERAL LEGISLATION
o Native Title Act 1993
 Allowed Native Title to be recognised and integrated into the Land Title system.
 Amendments: 1998, 2007, 2009, 2010
 SIGNIFICANCE: Recognised decisions of the high court, brought efficiency to native title determinations and allowed both
the court and tribunals to mediate.
o Aboriginal and Torres Strait Islander Heritage Protection Act 1984
 Protects areas of water and of land that have cultural significance for Indigenous people.
 SIGNIFICANCE: Provides some Indigenous rights over bodies of water.
SEXUAL ASSAULT AGENCIES OF LAW REFORM RELATING TO SEXUAL ASSAULT
LAW REFORM COMMISSIONS
o Criminal Justice Sexual Offences Taskforce (2004)
 NSW Attorney General
 Investigate issues relating to sexual assault and prosecution of crimes.
 70 recommendations for implementations.
 Investigated modes of delivering evidence for victims.
 Victims can give evidence via CCTV.
NSW RAPE CRISIS CENTRE
o Provides support services, education and research.
o Has been at the front of reforms to the way sexual assault matters are dealt with in the criminal justice system.
LOBBY GROUPS
o Influence government ministers to advance social/political agenda.
o Introduce/advocate for changes to the law.
o Raise awareness regarding an injustice.
 o Makes suggestions for improvement.
o Only slightly effective in law reform, as several groups focus on access to justice for the victim, not necessarily a just legal system.
THE MEDIA
o Influence on public opinion, law organisations and government has resulted in changes that improve the treatment of victims of serious
sexual assault crimes.
o Treatment of victims in court has now improved.
o However:
 Rights of the accused being regarded as fairly low importance.
 Readiness to exploit prejudice.
MECHANISMS OF LAW REFORM RELATING TO SEXUAL ASSAULT
PARLIAMENT
o Criminal Procedure Amendment (Sexual Offence Management) Act 2005
 Allows for a pre-trial in order to make the actual trial shorter – less stress/trauma placed on the victim.
 Admissibility of evidence via CCTV – more likely for victims to come forward.
o Criminal Procedure Amendment (Evidence) Act 2005
 Transcript of a recording of victim’s evidence is admissible as evidence.
o Criminal Procedure Further Amendment (Evidence) Act 2005
 Evidence can be given ‘in camera’ - privately; only specified persons such as the judge can be present during the testimony or
proceeding.
o Crimes Amendment (Consent Sexual Assault Offences) Act 2007
 Rules consent cannot be given under the influence of drugs/alcohol.
 Accused will be examines by the prosecution on what steps they took to ensure consent.
COURTS
o Recommendations of the Criminal Justice Sexual Offences Task Force
 Changed the manner in which judges/courts deal with matters of serious sexual assaults (legislation).
 Changes in social attitudes regarding sex crimes.
 Lead to future court decisions rethinking the law.
 Looking at criminal law issues in the area of sexual assault.

TOPIC 2: INDIVIDUALS AND THE LAW

 CHAPTER 6: YOUR RIGHTS AND RESPONSIBILITIES

SYLLABUS CONTENT WORKSHEET PG

THE NATURE OF RIGHTS: Principles of freedom or entitlement.
INDIVIDUAL o Inalienable – cannot be taken away.
RIGHTS AND o Australia’s statute law must reflect human rights.
RESPONSIBILITIE o Domestic law is derived from International conventions.
S RIGHTS IN THE CONSTITUTION
o Vote
o Trial by jury (80)
o Move freely between states
o Freedom of religion (S116)
o Freedom of speech
PROBLEMS WITH CONSTITUTION
o Wasn’t written to protect rights.
o Can be interpreted differently over time.
o Some are unaware of their rights and their meaning.
DOMESTIC LAW
o Racial Discrimination Act: International Convention on the Elimination of all forms of Racial Discrimination
o Sex Discrimination Act: Convention on the Elimination of all forms of Discrimination Against Women
o Age Discrimination Act
o Disability Discrimination Act
RIGHTS FROM COMMON LAW
o Right for a fair trial
o Right against self-incrimination
o Right from freedom to be randomly searched.
o Can be overridden by statute law.
o Must be a relevant case for it to be created.
INTERNATIONAL RIGHTS
o International Covenant on Civil and Political Rights
o Universal Declaration of Human Rights
RESPONSIBILITY: Something that an individual is expected/required to do.
o Behave in an appropriate manner.
o Failure to abide by legal duties  sanctions.
o All citizens should abide by the law  harmony.
o Jury duty
o Pay tax
 o Parents to care for children.
RELATIONSHIP  Rights for individuals are backed up by responsibilities for the Government to protect those rights.
BETWEEN RIGHTS  To exercise rights, there must be responsibility.
AND  People have the responsibility to exercise their rights in a way that is not harmful to others.
RESPONSIBILITIE
S

CHAPTER 7: RESOLVING DISPUTES

SYLLABUS CONTENT WORKSHEET PG

LAW POLICE
ENFORCEMENT o Each state provides its own police.
AGENCIES o They uphold the law, prevent and investigate crime and protect the community.
o There are rules to which they must obey.
o They are covered by a code of practice, which includes:
 Police powers to stop and search people.
 Powers to enter and search premises/property.
 Powers to arrest and question suspects.
 The way in which people are to be treated by police.
o Their primary focus is criminal law.
o Other aspects of their job are:
 Assisting mediation in family issues (domestic violence)
 Enforcing A.V.O’s
FEDERAL POLICE (AFP)
o Responsible for enforcing federal law and criminal law where crimes cross state borders.
o A key role is the prevention and detection of crime.
o The AFP has enforced laws such as:
 Crimes Act 1914
 Criminal Code 1995
o The powers of the AFP are outlined in the Australian Federal Police Act.
o They react to a changing environment e.g. rise in terrorism.
o AFP focuses on terrorism, cybercrime, human trafficking, sexual slavery and drug importation.
AUSTRALIAN CRIME COMMISSION
o Gathers intelligence through the investigation of serious and organised crime.
CUSTOMS AND BORDER PROTECTION
o Detect and discourage unlawful movement of goods and persons across the border.
o They work to support the Australian Government to achieve:
  Strong national security.
 A strong economy.
 Prosperous and cohesive society.
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION (ASIO)
o Identify and investigate threats to security and provide advice to protect Australia, its people and its interests.
o Primary function is to collect, analyse and disseminate security intelligence.
o It defines ‘security’ as the protection of Australia against:
 Espionage
 Sabotage
 Politically motivated violence
 Promotion of communal violence
 Attacks on the defence system
 Acts of foreign interference
 Serious threats to Australia’s territorial or border integrity.
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (ACCC)
o Independent Commonwealth statutory authority whose role is to enforce the Competition and Consumer Act 2010 and a range of
additional legislation, promoting competition, fair trading and regulating all national infrastructure for the benefit of all Australians.
LOCAL COUNCILS
o Helps the local community in the following ways:
 Providing services, facilities, resources and support to the community.
 Protecting the community to make sure it is safe and clean.
 By preventing harmful influences such as excessive noise and pollution.
 By planning services, facilities and developments affecting our future.
RESOLVING ALTERNATIVE DISPUTE RESOLUTION
DISPUTES Resolving a dispute without going through a court or tribunal.
BETWEEN 1. NEGOTIATION: The people involved try to come up with their own solution  mutually beneficial.
INDIVIDUALS 2. MEDIATION: Negotiation + An unbiased 3rd party helps with the process  mutually beneficial.
o Mediation can sometimes mean a better outcome for a child in cases relating to family law (Family Law Amendment (Shared
Parental Responsibility) Act 2006.
3. CONCILIATION: Mediation + The 3rd party is an expert and can give advice on the issue  mutually beneficial.
4. ARBITRATION: Conciliation + The 3rd party makes the final decision  may not be mutually beneficial
OTHER NOTES:
o No Rules of evidence  can present any evidence they want.
o Could be an imbalance of power.
o 3rd party may be biased.
o Decisions cannot be appealed.
TRIBUNALS
o People who make the decision don’t have to be judges – they are called members.
 o They are usually just experts in that area of law.
o EXAMPLES:
 Used to be CTTT (Consumer, Trade and Tenancy Tribunal)
 CTTT + 20 other tribunals merged to form NSW Civil and Administrative Tribunal (NCAT) in 2014.
OTHER NOTES:
o Legally binding decision
o Some rules of evidence apply
o Not confidential
o Usually no appeal
COURTS
o Experts  judges and lawyers.
o Judge cannot be biased.
o Resolution is guaranteed
o Strict rules of evidence
RESOLVING MEDIA
DISPUTES WITH DESCRIPTION:
THE STATE: NON- o Anything online and is digital.
LEGAL o Citizens can inform the community about a decision they think is unfair, unjust or harsh.
o Can be in the form of:
o Sending email
o Posting status updates on social media
o Calling television and radio stations
o Major network’s cover of a story has been known to influence government decisions
EFFECTIVENESS:
o If individuals are frequently heard on radio and television, the government may decide to respond and overturn a policy decision.
o Can communicate with others concerned about the dispute.
INEFFECTIVENESS:
o Non-legal: does not have the legal ability to resolve disputes
o False information - can be dramatized, falsified
o Does not have authority to change the law - can only influence
o Owned by leaders of our country - promote their ideas
MEMBERS OF PARLIAMENT
DESCRIPTION:
o All citizens within an electorate are able to contact the office of their representative and speak to their MP about an issue that may
trouble them.
o Consequently, the MP may take the concern to parliament and discuss it further.
EFFECTIVENESS:
 o Encourages focus of the particular needs of the electorate.
o Voice opinions on specific areas
o Contacted by citizens
o Members of the public can also contact their federal or state MP, or local councillor, if they feel they have been wronged by a
government department or agency in that jurisdiction
o Can prevent case going to a court or tribunal.
INEFFECTIVENESS:
o MPs can often disregard the needs of the electorate
o John Howard was said to lose his federal seat of Bennelong in 2007 because he did not meet the needs of the electorate.
o Bound by values of political group they are a part of
o Some electorates or regions are significantly more affected by certain issues than others.
o E.g. If the Pacific Highway between Sydney and Brisbane were to be widened, residents of towns along this highway could
TRADE UNIONS:
DESCRIPTION:
o Groups of people in various industries unite to form trade unions to protect their rights and conditions of employment.
EFFECTIVENESS:
o Unions can help to negotiate a workplace agreement containing important provisions about workplace safety, wages and conditions.
o Act when an employer proposes to change the conditions of work in a way that is detrimental to employees
o Represent employees
o Prevents employees from exploitation
INEFFECTIVENESS:
o Only optional to be a part of a trade union - not compulsory to join
o Fee to join trade union
o Not legally enforceable
o Imbalance of power between leader and workers
INTEREST GROUPS – NGO’S
DESCRIPTION:
o People can also form groups where they share political values or aims or have a specific goal of challenging a state decision.
o Organisation not linked with the government.

EFFECTIVENESS:
o Individuals who are concerned in a particular area are able to join a group that collectively hold a similar concern, and work towards a
resolution.
o Interests lie on victim/community
o The GetUp! Campaign states that they give “everyday Australians the opportunity to get involved and hold politicians accountable on
important issues.”
INEFFECTIVENESS:
 o People can also form groups where they share political values or aims or have a specific goal of challenging a state decision.
o Organisation not linked with the government
RESOLVING INTERNAL REVIEW
DISPUTES WITH DESCRIPTION:
THE STATE: o NSW: government departments can review their own decisions, procedures or behaviour.
LEGAL o Conducted by an agency within the department/organisation
o Person conducting review can be personally involved
o Everyone in department needs to be aware of conflict and outcome such as:
 Apology
 Compensation
 Changing rules and regulations of company
EFFECTIVENESS:
o Cost effective
o Time efficiency
o Person conducting review is part of organisations, thus have a good understanding of how the agency works rather than 3rd party
INEFFECTIVENESS:
o Can be ineffective in terms of practical outcomes if the people conducting the review have been involved with a decision that is not
appropriate or incorrect.
o Outcomes sometimes don’t achieve justice.
o Work in favour of agency, instead of individual - bias to agency.

EXTERNAL REVIEW
ADMINISTRATIVE
DESCRIPTION:
o Bodies that review specific administrative decisions of government agencies
 E.g. tribunals (more informal than court)
o Only come into place if internal review has failed
o They are different from courts as they have narrow areas of jurisdiction, are less formal, usually do not allow legal representation and
are not bound by rules of evidence, and so can consider a variety of factors in finding a solution.
EFFECTIVENESS:
o They offer a time-efficient, low-cost means of resolving legal disputes and problems
o Less rules of evidence - don't have to show judge beforehand and can represent themselves
o Wrongful decisions can be appealed and changed quicker than if it was a court matter/situation
INEFFECTIVENESS:
o Costly - application fee.

JUDICIAL
DESCRIPTION:
o Law courts at both state and federal level have the power to review administrative decisions and actions.
o Enforce the law
o Enforce limits on what government departments can do.
EFFECTIVENESS:
o Judicial review does not pronounce on the merits of the decision; that is, whether or not it was a good decision or the right decision in
the circumstances.
o Structured approach - certain procedure
o Decision is final - can be advantageous as case can be closed and does not linger around
o Use of judge - level of expertise and deliver fair judgement and decision
 Third party non-bias reviewer
INEFFECTIVENESS:
o Process can be timely
o Harder to appeal
o What is legal can vary depending on the circumstances of each case, but as a general rule, decisions are subject to the following
requirements: natural justice, jurisdiction, evidence etc.
o Huge costs associated with judicial reviews if they could be ordered by any interested persons, whether they were directly affected or
not.
o Strict rules of evidence - must be checked beforehand
o Outcome cannot be favourable for both parties

OMBUDSMAN
DESCRIPTION:
o The Office of the Ombudsman was created by statute in 1974 in New South Wales, and federally in 1977.
o The office acts as a formal external control, with legal power to investigate complaints made by citizens.
o Represent citizens and the community
o Middle person between government and society
o To keep government agencies accountable for their actions by promoting good conduct, fair decision making and the protection of
people’s rights.
EFFECTIVENESS:
o Public sector agencies and some private sector agencies providing public services can use the Ombudsman’s office to deal with
complaints against them.
o If a complaint is made in writing, the Ombudsman’s office will investigate and assess whether the complaint is justified. If it sees that
the complaint is justified, the Ombudsman will make recommendations for rectifying the problem
o Initiate an investigation
o Is free - not costly
o Not biased - have the interest of society and they take in their values, interests etc.
INEFFECTIVENESS:
o The Ombudsman does not have the power to impose any punishment or fine on a government agency or department.
o All complaints are taken seriously but are only followed through if a prima facie case exists; that is, if the complaint would raise
concern ‘on first view’.
o Decisions are not legally binding, and the government does not have to apply them
o Do not have jurisdiction
ROYAL COMMISSIONS
DESCRIPTION:
o Royal commissions are set up to investigate serious matters at both state and federal level.
o They are not judicial proceedings but fact-finding exercises.
o Royal Commissions are commissions of inquiry with particularly strong powers with respect to calling witnesses.
o In the past, such inquiries have investigated issues such as Aboriginal deaths in custody (Commonwealth, 1987) and corruption in the
NSW Police Service (NSW, 1995).
EFFECTIVENESS:
o Strong powers with respect to calling witnesses
o Conduct formal public inquiries
o In some cases - have more power than a judge.
o All their attention on one specific issue
o Help achieve justice
INEFFECTIVENESS:
o They do not have the power to prosecute offenders, therefore they will produce a report of their findings and recommendations.
o Inquiry can take years – timely
AUSTRALIAN HUMAN RIGHTS COMMISSION
DESCRIPTION:
o A national government body under the responsibility of the Federal Attorney-General.

EFFECTIVENESS:
o It ensures we live in a tolerant, equitable and democratic society. It holds public enquiries, advises parliament, conducts research and
investigates discrimination complaints.
INEFFECTIVENESS:
o Limited power
INDEPENDENT COMMISSION AGAINST CORRUPTION
DESCRIPTION:
o The Independent Commission Against Corruption Act 1988 (NSW) created the ICAC. Is an independent statutory body to investigate
alleged corruption in government. Created in 1989
 STATE body
  Corruption - deliberate wrongdoing
EFFECTIVENESS:
o Power to investigate the activities of private citizens if such behaviour affects administration of public offices
o Protect the interests of the public, prevent breaches of public trust and influence the behaviour of public officials.
o Wide limit of power
INEFFECTIVENESS:
o Power is limited
o Reference to Constitution is limited - it does not outline human rights
o No legal binding authority
UNITED NATIONS
DESCRIPTION:
o Is an intergovernmental organization tasked to promote international cooperation and to create and maintain international order.
EFFECTIVENESS:
o Creation of treaties and declarations.
INEFFECTIVENESS:
o Does not apply to countries who are not part of it.

CHAPTER 10: WOMEN

SYLLABUS CONTENT WORKSHEET PG
EVENTS WHICH STATISTICS
HIGHLIGHT o Woman’s average wage per week is 15.3% less than a man’s
LEGAL ISSUES o 1 in 2 women have reported workplace discrimination as a result of their pregnancy.
o 1 in 2 women have experienced sexual harassment during their lifetime
o 1 in 5 mothers have faced redundancy, dismissal or their contract was not renewed
o Australia ranks 48th in female political empowerment
o Glass ceiling: the unseen barrier that keeps women from accessing certain professions and occupations, regardless of their
qualifications and achievements.
o Gender inequality: unequal treatment/ perception of individuals based on their gender. It arises from differences in socially constructed
gender roles.
o WGEA:
 Women constitute 36.8% of all full-time employees
 Women hold 13.7% of chair positions

LEGAL RESPONSES:
International Law
  The main treaty that addresses discrimination against women around the world is the United Nations Convention on the Elimination of
All Forms of Discrimination Against Women(CEDAW)
 Entered into force 1981
 Acknowledges the Charter of the UN and the Universal Declaration of Human Rights(all human beings are born free, equal in dignity
and right)
 Acknowledges that states have responsibilities to ‘ensure the equal rights of men and women to enjoy all economic, social, cultural,
civil and political rights’
 Contains 30 articles:
 Articles 1-6: rights of women
 Articles 17-22: powers and responsibilities of the Committee on the Elimination of Discrimination against Women(body set up to
monitor the treaty)
 Articles 23-30: set out operation of the treaty
 90 signatories: As a signatory country, Australia has an obligation to ensure that its laws and policies protect the rights of all women
and promote equality of opportunity.
EFFECTIVE
o Highlights the issues and gets states to commit to ending discrimination against women
o 90 countries ratified CEDAW
o Increased role of primary school education, loans and property ownership amongst women.
o An optional protocol has been approved by the UN General Assembly → allows individuals and groups to be able to make a direct
complaint to the CEDAW committee about alleged breaches of the treaty.
o Improves the enforceability
o Aust Govt. signed to the protocol(2008)
INEFFECTIVE
o States can choose to comply with or ignore their international obligations → usually act out of economic and political interest
o CEDAW is one of the treaties most ignored by states
o States that have signed the treaty have included many reservations
o Hence, the committee is not able to declare a state to be in violation of the treaty.

Domestic Law
 Legislation protecting women from discrimination exists at both state and federal levels in Australia.
 Discrimination: treating someone unfairly because of a characteristic.
 Direct discrimination is more easily identifies
 Indirect discrimination is harder to detect.
 Sex Discrimination Act 1984 (Cth)
 Main aim:
 Is to promote community respect for the principle of equality of men and women.
 Makes it illegal to discriminate against someone on the basis of sex, marital status or pregnancy.
  Makes it illegal to dismiss someone for her or his job on the basis of the person’s family responsibilities.
 Makes it illegal to harass someone.
 A person who has a complaint under the Sex Discrimination Act can act through the Australian Human Rights Commission.
 The commission will investigate the complaint and organise a conciliation conference to try resolve the complaint with the other party.
 If there is failure, the complainant may make an application to the Federal Magistrates Court or Federal Court to have the complaint
heard.
 Australian Human Rights Commission Act 1986(Cth)
 Established on the following grounds of discrimination.
 Breaches of human rights
 Discrimination in employment on the basis of gender, race, religion, etc.
 Workplace Gender Equality Act 2012 (Cth)
 Right to equitable jobs(access), career paths, training/staff development, conditions of employment.
 Unbiased management decisions
 Equal access in all areas of employment e.g. recruitment, transfer, promotion
 All selection based on merit
 recognition/respect for cultural/social backgrounds
 Workplace programs to prevent discrimination
 Anti-discrimination Act 1977(NSW)
 Makes unlawful discrimination on the basis of sex, race, marital status, disability, responsibility as a carer, sexuality and age
 Establishes the Anti-Discrimination Board → oversee the implementation of the Act

Government Agencies
 Provides policy advice on women’s issues both at a state and federal level
 Office for Women(OfW) - Federal
 Department of Prime Minister and Cabinet
 Provides policy advice to the Ministry of Women, and to ensure that government decisions about legislations, policy and budgetary
matters are in consideration of women
 Administers programs to combat issues e.g. domestic violence, sexual assault
 Represents the Australian government at national and international forums on women’s issues
 Women NSW
 NSW Department of Health
 Advises state government and works with other government/non-government organisations to develop programs and policies with
positive consequences for women
 Responsible for Domestic Violence Prevention
 They lead and manage government policy relating to the prevention of domestic/family violence
NON-LEGAL RESPONSES
 Trade Unions
 An organised association of workers in a profession formed to protect and further their rights and interests
 Strong advocates of the rights women in the workplace
 Australian Council Trade Union(ACTU) has achieved:
 The principle of equal pay for equal work
 Women’s paid parental leave
 Improved child care
 Superannuation
 Anti-discrimination legislation
 Recently, the ACTU campaigned for paid maternity leave (fundamental human right)
 At least 157 countries have some form of paid leave (30 are OECD)
 Without paid maternity leave, women face a lack of job security and income loss if they take their time off after bearing a
child.
 In 2011, the federal government introduced 18 weeks’ paid parental leave for working women.
 The scheme extends paid leave to either parent of a newborn child if she or he is the primary carer and earns less than
$100,000 per year.
 Women’s Electoral Lobby (WEL) (1972)
 Self-funded, non-profit, not affiliated with any political party
 Lobbies governments, publishes research papers, participates in public debate, participates in legal cases where women’s
rights are violated and campaigns.
EFFECTIVE:
o Far reaching protection for women who experience discrimination
o Women have moved into the workforce in unprecedented numbers
o Most blatant forms of discrimination have disappeared
o Increased education around issues
o Complaints of sexual harassment remain high → women’s greater awareness of their rights
o Definition of ‘sexual harassment’ has been strengthened.
o Workplace Gender Equality Act 2012(Cth) is based on the introduction of programs to eliminate discrimination on a systemic level
INEFFECTIVE:
o Limited by a lack of knowledge of rights or a reluctance to exercise those rights
o If an employer has such a practice that disadvantages women, it is not illegal if the court believes it to be ‘reasonable’ (s 713 of the
Act)
o A woman still may have to return to a hostile work environment
o Extensive economic and emotional cost
o Hard to prove a complaint
 o Over ⅔ of people who made a complaint left their workplace
o Underrepresentation of women in senior management
o It is not possible to legislate attitudes
o Improvement of rights is generational
CRIMINAL/CIVIL DOMESTIC VIOLENCE
CASES o Domestic Violence
o Abuse within a domestic setting, typically from a spouse or family member
o Physical, sexual, emotional, financial, spiritual, psychological, harassment/stalking
o Women can often be reluctant to report abuse.
o Male dominance in legal system
o Protecting family
o Male provides financial support
o fear/shame
o General low self esteem
o cultural/religious factors
o clouded/unfocused judgement
o May not understand if it is abuse
o Lack of access to support networks

LAWS/LEGAL RESPONSES
o The prohibition of rape in marriage in NSW since 1981 → Crimes(Sexual Assault) Amendment Act 1981 (NSW)
o The creation of anti-stalking laws
o Making it easier for the victim and police to obtain apprehended violence orders(AVOs) → AVOs are given on the balance of
probabilities making them much easier to obtain
o Crimes (Domestic Violence) Amendment Act 1993 (NSW)
o The provision of greater support by the police and welfare agencies to the victims of domestic violence
o The seizure of guns from a person named in an AVO
o Firearms Legislation (Amendment) Act 1992 (NSW)

CASES/ARTICLES:
o Osland v R(1998)
 Raised idea of ‘battered woman syndrome’ as a defence for killing an abusive partner
 Heather Osland was found guilty for killing her husband
 Tried to use the defence of battered women syndrome but failed
 14.5 years imprisonment with non-parole period 9.5 years
 Launched a woman’s rights campaign and reform in homicide defences in VIC
 Under these reforms, victims of domestic violence who kill their partners are able to claim self-defence even if they aren’t in
 immediate danger.
ARTICLES ‘TOTALLY UNACCEPTABLE’: NEW ZEALAND LABOUR PARTY LEADER JACINTA ARDERN QUIZZED ON BABY PLANS
(2ND AUGUST 2017, SMH)
o Prominent female political figure states that the notion that employers need to know their employee’s baby plans before hiring them is
‘totally unacceptable’.
o Focuses on the idea that women should be able to make choices in their own lives without having to inform employers – having a baby
is a natural occurrence that sometimes cannot be pre-planned.
o Hypothetical – would a man ever be asked about his baby plans?
o Argues that having children and having a successful career are not mutually exclusive – women are capable of doing both at the same
time.
o “It is the woman’s decision about when they choose to have children. It should not predetermine whether or not they get the job.”
UBER REPORTEDLY FACING INVESTIGATION IN US OVER GENDER BIAS (17TH JULY 2018, SBS)
o Global transport service company Uber is being investigated in the US over various allegations of discrimination and harassment
against female employees.
o Female workers are pushing for salary changes to ensure equality between male and female Uber employees.
o Uber has been previously accused of sexual harassment against female employees.
o The investigation has resulted in various firings and an outline of recommendations for changes in the structure of the business to
ensure female safety in the workplace.
o “She (a sexual assault victim) wrote in a blog post that she complained to more senior managers and the company's human resources
department, but was told that it was the man's ‘first offense’ and that they wouldn't feel comfortable punishing a ‘high performer’.”

BALI BOMBINGS
SYLLABUS CONTENT WORKSHEET PG
EVENTS WHICH TERRORISM
HIGHLIGHT o The September 11 attacks:
LEGAL ISSUES  ‘Wake-up call’
 Changed everything
 Inspired other extremists
o Changed the nature of terrorism
 Made terrorism a global issue
 Caused worldwide panic and fear
 Mobilised terror organisations
o Changing Motivations
 Support for Israel
 U.S. as an affront to Muslim life
  Advocate for Islamic power and strength against Western lifestyle
o Bali Bombings
 88 out of 202 deaths were Australian
 3 bombs
 An additional 209 people were injured
 Hambali + Abu Bakar Bashir
 Al Qaeda(Bin Laden) + Jemaah Islamiyah(JI)

BALI BOMBINGS TIMELINE

o 2002
 12 October: two bombs explode in Kuta - Paddy’s Irish Bar, and another explodes in a van outside the nearby Sari nightclub.
Another bomb explodes near Bali’s US consulate.
 19 October: Police suspect Abu Bakar Bashir of heading South East Asian militant group, Jemaah Islamiyah(JI)
 4 December: After 3 months, Amrozi bin Nurhasyim, Imam Samudra, and Mukhlas are all arrested for suspected
involvement. Amrozi admitted to playing a role.
o 2003
 14 January: Ali Imron, younger brother of Amrozi and Mukhlas, is arrested as he tries to flee the country.
 23 April: Bashir goes on trial, charged with plotting to overthrow the Jarkarta Government
 12 May: Amrozi goes on trial, charged with helping plan the attacks → bought explosives and owned the van used in the
bombings
 28 May: Mukhlas gave evidence at Bashir’s trial, however ended up admitting having a role in the bombings
 7 August: Amrozi is found guilty - sentenced to death.
 10 September: Samudra is found guilty and sentenced to death
 18 September: Ali Imron is sentenced to life imprisonment → showed remorse.
 2 October: Mukhlas is sentenced to death
o 2004
 23 July: Indonesia’s highest court rules an anti-terrorism law enacted in the wake of the Bali attacks and use to convict the
Bali bombers should not have been used retroactively.
 15 October: Bashir is charged with being the spiritual leader of JI. charged over the bombings under ordinary criminal
legislation, rather than the harsher anti-terrorism law.
o 2005
 3 March: Bashir is sentenced for 2 and a half years.
 20 October: Amrozi, Mukhlas and Imam Samudra will not seek presidential pardons → “ready to be executed anytime soon”
o 2006
 7 December: Amrozi, Mukhlas and Imam Samudra launch a last-ditch appeal against the death sentences. Their lawyers say
they plan to argue that the men were found guilty on the basis of retroactive legislation.
o 2008
 6 August: Amrozi, Mukhlas and Imam Samudra appeal against their death sentences at Indonesia’s constitutional court. Their
 lawyers say shooting does not guarantee instant death and can thus be deemed torture. They say the men should die by
beheading or lethal injection.
 21 October: Indonesia’s constitutional court rejects an attempt by Amrozi, Mukhlas, and Imam Samudra to change the
method of execution
 8 November: Amrozi, Mukhlas and Samudra are executed by firing squad on the island prison of Nusakambangan.

KEY FACTS:
o WHO
 Abu Bakar Bashir:
 Spiritual leader of Jemaah Islamiyah
 Spiritual leader to Bali bombers
 Denied all allegations/links to Bali bombings
 Sentenced for 2 ½ years
 Jailed for conspiracy
 Has been in and out of jail for terrorism related charges
 Amrozi:
 ‘The smiling assassin’ → did not show remorse during trial
 Brother to Imron and Mukhlas
 Purchased explosives for bombing
 Owned van used for Sari bombing
 Mechanic
 Convicted and executed
 Appealed conviction against execution
 Imam Samudra:
 Mastermind of the Bali bombings
 Only university graduate → engineer
 Commander on ground
 Made the bombs
 Sentenced to death
 Ali Imron:
 Brother to Mukhlas and Amrozi
 Drove the van that had bombs
 Helped build the bombs
 Felt remorse and cooperated with police to gain evidence on brothers
 Convicted and given a life sentence
 Ali Ghufron(Mukhlas):
 Brother to Amrozi and Imron
 Operator of JI
  Taught at an Islamic school
 Denied any direct involvement
 Guided the bombers
 Guilty, death sentence
 Hambali:
 Asia’s ‘Osama Bin Laden’
 Terrorist recruiter
 Major brains and financial support behind bombings
 Captured by the U.S. government
 In isolation at Guantanamo Bay
o WHAT
 Detonation of the bombs
 Terrorist attacks
 Act of revenge against young westerners
 Was considered a heroic attack by extremists
o WHERE
 In the tourist district of Kuta
 2 nightclubs
 Paddy’s Bar(suicide bomber)
 Sari club: van outside
o WHEN
 After 11pm on 12 October 2002
o HOW
 Small bomb detonated in the backpack of a suicide bomber
 Another powerful car bomb detonated 10-15 seconds later in a van
 Third bomb detonated outside the U.S. consulate
o WHY
 Take revenge for the death of 200,000 innocent Muslims during a bombing Afghanistan September 2001
 Warning to Jews and Christians to not occupy Islamic holy lands
 Defence of:
 Bosnian Muslims
 Muslims in Kashmir
 Muslim cleansing scenario(revenge)
 Punish foreigners engaged in immoral acts(drinking, partying, etc.)
LAWS/LEGAL AUSTRALIAN-INDONESIAN ENFORCEMENT COOPERATION
RESPONSES o Explanation
 Collaboration between AFP and Indonesian police
 AFP: victim identification and forensic investigation
  IP: local knowledge
o Advantages
 Fast reaction time decrease in delay
 Resource efficiency
 Used knowledge and strengths to investigate
 Numerous arrests were made → 33 convictions
 Establishment of Jarkarta Regional Cooperation Team(JRCT)
o Criticisms/Concerns
 Lack of access to Hambali
 Achieving justice → Bashir only convicted for 2 ½ years

ARRESTS OF THE BALI BOMBERS

o Explanation
 Collaboration between AFP and Indonesian police
 AFP: victim identification and forensic investigation
 IP: local knowledge
o Advantages
 Fast reaction time decrease in delay
 Resource efficiency
 Used knowledge and strengths to investigate
 Numerous arrests were made → 33 convictions
 Establishment of Jarkarta Regional Cooperation Team(JRCT)
o Criticisms/Concerns
 Lack of access to Hambali
 Achieving justice → Bashir only convicted for 2 ½ years

DEATH PENALTY
o Explanation
 The appropriateness of death penalty was highly argued
 Australians govt. remained silent on the death penalty even though it was outlawed in Aus.
 November 2008: Rudd government publicly opposed the death penalty after execution.
o Advantages
 Achieved a sense of justice for families and victims
 Showed the consequences of terrorism
 50% of Australians were in favour of the death penalty
o Criticisms/Concerns
 Met with great controversy as the sentences were viewed as unconstitutional.
 There was no proper application of the rule of law
  Not protecting individuals rights as the death penalty is not an accepted punishment by the UN or Australia.
 Cannot reverse decision
 Failed to meet society’s needs, as society was divided.

ANTI-TERRORISM LEGISLATION
o Explanation
 Implementation of anti-terrorism legislation
 54 pieces of legislation
o Advantages
 Terrorism related statutes
 Strengthening of enforcement agencies
 Not retrospective
 Highly responsive
 37 men have been charged e.g. R v Lodhi[2006]: 20 years imprisonment, 15 years non-parole
o Criticisms/Concerns
 Can diminish certain rights of an individual → however, may not meet the needs of society in the future.
 Strained parliamentary opposition → biased law making
 May give enforcement agencies too much power → contradicted rule of law
 Guilty until proven innocent.

NON-LEGAL AUSTRALIAN ANTI-TERRORISM

RESPONSES o Explanation
 Highlighted the need for awareness on the part of all Australians that an attack could happen in Australia
 Launched public information campaign and National Security Hotline
o Advantages
 Ensures that Australians are alert and on the lookout for any signs of terrorism
o Criticisms/Concerns
 Caused unnecessary fear → no enforceability
 Culture of suspicion
 Islamophobia → was not meeting society’s needs

MEMORIALS AND VICTIM SUPPORT

o Explanation
 Collective grief expressed by the Australian and Indonesian people
o Advantages
 Tribute to victims, support for families
 Commemorate victims
o Criticisms/Concerns
  Does not prosecute victims
 No direct implications in the legal system

MEDIA ARTICLES
o Explanation
 Lawyers for the three of the Bali nine, convicted heroin smugglers on death row in Indonesia are concerned about the fate of
their clients following the Australian Government’s failure to speak out against the execution of the Bali bombers
o Advantages
 Raises awareness about Rudd’s hypocrisy/inconsistencies on Australia’s capital punishment stance
o Criticisms/Concerns
 Did not provide enough information to why Rudd condoned the death penalty → both sides of the argument are not equally
shown
CASES AND Bali Bomber given 20 years jail, 2012
ARTICLES o Bali bomb-maker Umar Patek has been sentenced to 20 years prison after being found guilty over his role in the Bali bombings
o Charged with possessing weapons, smuggling weapons, ammunition and explosives, aiding an act of terrorism, forging documents and
possessing explosive documents
o Denied any direct involvement
o Achievement of justice - even after 10 years, however there was a time delay
Bali Nine, 2008
o The Australian Govt.’s stance on capital punishment was deemed hypocritical, as Kevin Rudd stated they will only make interventions
in support of Australian citizens. This is inconsistent and does not comply with Australia’s universal opposition to the death penalty.
o If Australia does not explicitly express their stance, they must be prepared to state a different stance or risk being criticised of being
inconsistent. Asian communities are said to be the victims of the death penalty due to its brutal nature.
o However, Australia is still opposed to the death penalty