Part II: The individual and the law 30% of course time​ ​(Do all practice question in study)

Principal focus: ​Students investigate the way in which the law impacts on individuals by
referring to legal and non-legal institutions, laws and media reports.
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.

1. Your rights and responsibilities

Students Learn about
● the nature of individual rights
● relationship between rights and
● responsibilities

Students learn to:

1. identify the types of rights to which individuals are entitled
1. Freedom of speech
2. Shelter
3. Food
4. Education
5. Breaks during work
6. Water
7. Right to be paid

● outline the responsibilities of citizens within a society

2. Not to offend people (racial abusive; discrimination)
3. Paying the dues (taxes, water, electricity, environment)
4. Do not waste; awareness of Allergies
5. No irresponsible education e.g. Terrorism
6. Break provided in sufficient time; stay around boundaries; follow the rules and
regulations within reasonable order
7. Do not waste it e.g., wash car twice daily
8. Work within job description; do not perform any less than required
● explain the interrelationship between rights and responsibilities
Every right comes with a responsibility
Tortious Acts: ​deliberately do something to receive compensation eg. Deliberately trip on
carpet at work.
Expressed rights:​ Conveying, expressed in constitution, government through legislation and
law, if rights are violated can be held accountable, legal consequences.
Implied Rights:​ expected and understood by society, “given”, while its not elgally binding
parties are “legally accountable”
Basis of rights:​ Rights are entitlements that people have by legal or moral authority. It is based
on the Australian Constitution, which sets out the two types of rights, expressed and implied.
Expressed​ rights are rights such as freedom of religion and ​implied​ rights such as freedom of
speech, that are not explicitly written in the the constitution. Rights are determined through
statute, eg racial discrimination act (1975). Common law also determined rights eg. right to fair
trial based on the Dietrich V R (1992).
Basis of Responsibility:​ Legal obligation based on statute and common law. Statues help
determine the obligation one has. Eg, parent send child to school, Education Act 1990 (NSW).
Common law determines responsibilities such as duty to care. Eg. donoghue V stevenson
(1932).
Bill of rights:​ Something in addition to the constitution
- Provides basic rights and privileges of individuals.
- Human rights
2. Resolving disputes
Students learn about:
● the roles of the federal and state police and other law enforcement agencies
● resolving disputes between individuals
- alternative dispute resolution
- Tribunals
- courts
● resolving disputes with the state:
- non-legal methods:
- media
- members of parliament
- trade unions
- interest groups, including non-government organisations
- legal methods:
- internal reviews
- external review: administrative, judicial, ombudsman, statutory bodies including
Australian Human Rights Commission, Independent Commission against Corruption
(ICAC), Royal Commissions
Students Learn to:
● outline the roles of law enforcement agencies
Definition:
Those bodies that have the role of enforcing the law. They are created by Acts of Parliament
and include the police and some gov departments.
State Police:
- Responsibility to protect the community through police services
- Obliged to uphold the law, prevent crime as well as provide community protection
- NSW police- Crimes Act 1990 (NSW)
 - Eg, Darren Rispen who is wanted for supply and possession of prohibited drugs under
the Crimes Act 1990 (NSW)
Federal:
- Agency of commonwealth and responsible for enforcing federal laws, and protecting the
interest of Aus both domestically and internationally.
- Australian Federal Police Act 1979 (cth) Chapter 19 of Aus Constitution details the
investigation into alleged terrorist attack in Glasgow, Scotland by Muhammad Hanif.
ABF:
- Works alongside AFP and the Australian Quarantine and inspection service and others
in order to detect and discourage unlawful movements of good and people across the
border.
- Aus Border force act 2015 outline various operations that may be undertaken in order to
regulate immigration as well as the movements of people and good in and out the
country.
Australian Crime Commission:
- Established Under the Australian crime commission act 2002 (cth). It works on a national
level to combat serious and organised crime alongside federal,state and territory
agencies.
The Australian High Tech Crime Centre:
- Hosted by the AFP and attempts to provide antion approach to crime via the use of
technology. The first Part 10.7 of the criminal code (cth) outline technology “enabled
crime.”
Australian Security Intelligence:
- Is the counties nationals security service that has been established under the Australian
security intelligence organisation act 1979.
Government's Department:
- Have the authority to enforce specific laws for example the income tax assessment act
1936, commonwealth (cth), enables the ATO to investigate tax offenders.
● identify and examine methods of resolving disputes between individuals
Neighbours:
- Garbage Disposal, pets, fence/retaining walls
Alternate dispute resolution (ADR):
- Easiest way- Negotiation
- Mediation (third party, intervention)
- Conciliation (conciliator)- third party is someone not known, community justice centres
may be used
- Arbitration- Becomes official parties will have to take on the decision provided by an
arbitrator.
- No decision is given by the mediator or conciliator, rather they guide you towards a
decision.
 ● compare and contrast disputes between individuals and those between individuals and
the state
(In Book)
● assess the effectiveness of methods of resolving disputes
(In Book)
● distinguish between non-legal and legal methods of enforcing rights and resolving
disputes
(In Book)
● assess the effectiveness of dispute resolution processes in achieving justice for and
between individuals
(In Books)

3. Contemporary issue:
The individual and technology
Students Learn about
● impacts of technology on the individual
● legal implications
● difficulties with enforcing rights
● future directions – the role of law reform
Examples that may be studied could include:
misuse of interactive technologies
➔ cyber-bullying
➔ genetic profiling
➔ cyberspace
➔ privacy issues
➔ security and surveillance
➔ mobile phones
➔ copyright.
Students Learn to:
● explain the difficulties with enforcing rights
● assess the role of law reform in addressing emerging technological issues and enforcing
rights
● discuss the legal implications of the use of technology and its impact on the individual.