Terms & Concepts
‘Buyer beware’ the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
Caveat Emptor.
The three formal statements of human rights that make up the 'International Bill of Rights'
UDHR (1948), ICESCR (1966), ICCPR (1966)
The key statute law governing Police Powers in NSW.
Law Enforcement (powers & responsibilities) Act 2002 – LEPRA
The enforcement body for the Competition and Consumer Act 2010 (Cth).
Australian Competition & Consumer Commission (ACCC)
The statute law governing the rights and obligations of landlords and tenants.
Residential Tenancies Act 2010.
The principle that nations may govern themselves without external interference. A barrier to the enforcement of international law.
State Sovereignty.
One example of a collective right.
Environmental and peace rights, or the right to self-determination
This may be drawn in court if an accused person chooses to remain silent and chooses not to cooperate during questioning in the investigation process under the Evidence Amendment (Evidence of Silence Act) 2013.
Negative Inference
The advantages of NCAT for consumer redress and remedy
NCAT is an accessible, low cost alternative to court. It can resolve consumer disputes faster than the court system, and NCAT's decisions and orders are legally binding and enforceable.
Two examples of international law that protect the right to shelter.
UDHR, ICESCR, Convention on the Rights of the Child, or International Convention of the Elimination of All Forms of Racial Discrimination
Principles which ensure that the operation of courts are fair and just. Ie. The right to know the case against you, to present your case, and the right to a decision which is free from bias and is based on relevant evidence.
Procedural Fairness.
The international human rights legislation enforced by The UN Human Rights Commission (UNHRC) and The UN Economic and Social Council (ECOSOC)
UNHRC enforces the ICCPR (1966)
ECOSOC enforces the ICESCR (1966)
Three complete defences.
Mental Illness, Self Defence, Necessity, Duress, Consent, or Automatism
Three examples of consumer guarantees for goods and/ or services under the ACL.
Acceptable quality, Fit for purpose, Match description, Match sample or demo model, Repairs and spare parts, Title to Goods, Warranties, due care and skill, supplied within reasonable time.
What percentage of renters report experiencing discrimination according to CHOICE 2017?
50%
The two latin terms referring to the guilty act and the intent involved in a crime.
Actus Reus and Mens Rea
One argument FOR and one argument AGAINST a charter of rights.
FOR - A Charter of Rights would strengthen the legal framework for the protection of human rights in Australia, and protect the most vulnerable citizens in society. It is easier to access these rights from one source - E.g. a Charter of Rights.
AGAINST - We have a vibrant democracy in Australia and we do not need a Charter of Rights, listing our rights in this way may actually limit them. A Charter of Rights would represent the current values of our society when it is written, these values can become outdated.
'Doli incapax' (latin for ‘incapable of wrong’) applies to children under the age of _____, and no longer applies from the age of _____ in NSW.
Doli incapax applies to children under the age of 10, and no longer applies from the age of 14 in NSW.
Name three industry based ombudsman.
Energy and Water Ombudsman (EWON), Private Health Insurance Ombudsman (PHIO), Telecommunications Ombudsman (TIO).
The main limitation to NCAT's effectiveness when resolving disputes between tenants and landlords.
No cause evictions - tenants are reluctant to take disputes to the tribunal.
The difference between the Division of Powers and the Separation of Powers.
The Division of Powers refers to how power is divided under the Australian Constitution among state and federal governments - exclusive, concurrent, and residual powers.
The separation of Powers refers to separating the government executive, legislature and judiciary to prevent abuses of power.
Three ways that the Australian constitution supports human rights protections.
The separation of powers doctrine
The division of powers between the commonwealth and the states
Express and implied rights
Express rights: clearly expressed or outlined in the text - can only be removed by changing the wording of the Constitution.
Implied rights: not clearly expressed in the words of the Constitution, however are nevertheless suggested or inferred by them.
The nature of the constitution as a document that is difficult to amend/ change
The two reforms introduced after the R v Loveridge verdict.
Crimes (Sentencing & Procedure) Amendment (Family Victim Impact Statement) Act 2014 (NSW) - If the offender is guilty of murder, judges can take family victim impact statements into account when sentencing. Clear and consistent structure for the consideration of victim impact statements.
Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 - amended the statutory guidelines set out in the Crimes Act 1900 for the offence of ‘assault causing death’, which now require offenders who are intoxicated at the time of the offence to receive a mandatory minimum sentence of 8 years imprisonment.
The three main case studies/ controlling ideas we studied for the contemporary issue of Product Certification.
Product Safety: Woolworths $3 million penalty in 2016 for selling faulty home-brand goods that injured consumers and failing to promptly issue recalls as required by law.
Greenwashing: Large number of Australian businesses have made misleading claims about their environmental credentials. CHOICE has published a guide for consumers on how to spot a legitimate eco label.
Free Range Eggs: Lax labelling system, labelling requirements and no real product certification for free range eggs in Australia. Without product certification and a more enforceable labelling law consumers are at risk of being mislead.
The percentage of household income that is spent on housing for it to be considered 'affordable'.
Less than 30%.