Terms & Concepts
Equality, fairness, access.
What is 'justice'?
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
This Act outlines the main rights and responsibilities of tenants and landlords.
What is Residential Tenancies Act 2010 (NSW)?
The court that hears family law matters
Family Court of Australia
Federal Court of Australia
The principle that nations may govern themselves without external interference. A barrier to the enforcement of international law.
State Sovereignty.
Characteristics of a human right
Inalienable, inherent, indivisible, universal
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
3 types of shelter
What is a house, unit, townhouse, terrace, caravan, aged care facility, retirement village, hostel.
The guiding principle surrounding children?
"in the best interests of the child"
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 law 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
3 legal protections for buyers when buying a property
Cooling off period
Sunset clause
Insurance protection (building, mortgage protection)
Standard contract of sale
'Responsible lending' (unconscionable conduct)
Name a piece of legislation that covers:
- divorce
- adoption
- care and protection of children
- surrogacy
Family Law Act (Cth) 2010
Adoption Act 2000 (NSW)
Children and Young Persons (Care and Protections) Act 1998 (NSW)
Surrogacy Act 2010 (NSW)
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.
4 contemporary issues for Shelter
Affordability
Homelessness
Social Housing
Discrimination
Identify the two types of surrogacy, which is legal in NSW?
altruistic and commercial - commercial is illegal
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 5 types of property title
Old System Title
Torrens Title
Company Title
Strata Title
Community Title
Legal responses to DV (be specific)
The main legal responses to domestic violence are through:
- Apprehended violence orders (AVOs), in particular apprehended domestic violence orders (ADVOs)
- Criminal charges
- Family court injunctions and other orders