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Law Enforcement Agencies
The main law enforcement agencies in Australia are the state and federal police
The difference between the two:
State police enforce the criminal law of the state within the state’s borders
Federal police enforce federal criminal law, and criminal law where it crosses state boundaries
Law Enforcement (Powers and Responsibilities) 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
NSW Police are mainly concerned with criminal law covered under The Crimes Act 1900 (NSW)
NSW Police also assist with Apprehended Violence Orders (AVO’s) involving disputes between people
Taser Guns (Controlled Electronic Devices) subdue suspects which sends a strong shock to the nervous system
In 1995, a mentally disabled man, Ron Levi, was shot by police on Bondi Beach after failing to comply with orders
Taser Gun Debate
To prevent and detect crimes against Commonwealth law within Australia and on certain circumstances, Australians overseas
The new challenges the AFP faces include terrorism, human trafficking and sexual slavery, cybercrime and family matters.
Australian Federal Police (AFP)
The main concerns:
Immigration
Quarantine
Family Law
Law Enforcement
Australian Customs and Border Security
Commonwealth statutory body working nationally with other federal, state and territory agencies to counter serious and organised crime
Australian Crime Commission
Hosted by the AFP
combat serious and complex crimes involving computer technology, such as online fraud, mule recruitment, and offensive and prohibited internet content
Computer crime is protected under the Criminal Code 1995 (Cth)
Australian High Tech Crime Centre
Established in 1949 acting 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)
Disputes Between Individuals
The most common dispute between individuals is Neighbourhood disputes
disputes between individuals can vary in form and complexity
court can be a very expensive and time-consuming avenue to take when resolving a dispute
Alternative dispute resolution (ADR) methods are less formal than courts and can offer advantages of time, cost and expertise.
ALTERNATIVE DISPUTE RESOLUTION
Discussion between two or more parties with the aim of reaching a mutually beneficial outcome
The first stage of resolving a dispute between parties
1. NEGOTIATION
Mediation and conciliation are similar processes and are usually confidential
Both processes involve a neutral third party who helps the parties to negotiate and reach a decision
The parties may also have their own legal advisers
2. MEDIATION AND CONCILIATION
Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination
EXAMPLE: The NSW teachers’ dispute with the Department of Education and Training in 2008–09
3. ARBITRATION
Provide assistance with the mediation process
6 centres in NSW
Issues include family matters, youth conflict, workplace grievances, neighbourhood arguments and community disputes
Community Justice Centres (CJC’s)
Disputes with the State
Contacting the media
Informing a political representative
Joining a union
Informing an interest group, NGO
Non-Legal Methods
Disputes with the State
Writing a letter, sending an email or calling a media agency may apply pressure to the Government to change a particular law or action
The Internet as a media source can be a means of communication between people to discuss disputes
1. The Media
Politicians may be informed of issues from their electorate and then relay this information to Canberra
Organisation of people applying pressure to their member may be effective in achieving a just outcome
2. Members of Parliament
Support workers rights with their employer
Help negotiate workplace agreements
Strikes are considered a last resort if conciliation and arbitration fail
3. Trade Unions
`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
Judicial review - by the courts, where government bodies review their own decisions
Remedies the court can order:
prohibition – an order that stops a decision from being made or implemented
certiorari – an order that reverses a decision that has already been made
mandamus – an order that compels the decision- maker to perform certain types of public duties that have not been performed
injunction – an order that prohibits the decision- maker from implementing an invalid decision
Administrative decisions made by 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
Been in operated 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
‘citizens’ defender’
Formal external control, with legal power to investigate complaints made by citizens
Complaints are taken seriously, but are only followed through if a prima facie case exists
The Ombudsman
1. Anti-Discrimination Board of NSW (ADB)
Part of the NSW Attorney General’s Department
Anti-Discrimination Act 1977 (NSW)
disability, age, race and sex
Statutory Bodies
2. Commissions of Inquiry
Uses the Inquisitorial System
Corruption in the NSW police service (NSW, 1995)
3. Independent Commission Against 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.
4. Human Rights Commission (AHRC)
The Human Rights and Equal Opportunity Commission Act 1986 (Cth)
Promotes tolerant, equitable and democratic society, promoting areas of Human Rights