Terms & Concepts
The absence of laws and government
Anarchy
judge made law that establishes legal precedent
Common Law
The event that led to significant gun law reform in Australia.
The Port Arthur Massacre.
The main document which sets out fundamental human rights, established in 1948.
Universal Declaration of Human Rights
part of a communication that describes the who, what, when, where and how of a communication. It does not include the content of the communication itself. Government agencies have powers to access it.
Metadata
a set of rules imposed on all members of a community which are officially recognised and enforceable by persons or organisations such the police and/or courts
Laws
The lowest level court in NSW, which hears minor civil matters, and also the majority of criminal and summary prosecutions.
The Local Court
The three elements of the law reform process
Conditions, Agencies, and Mechanisms
Negotiation, Mediation, Conciliation, Community Justice Centres, and Arbitration.
Alternative Dispute Resolution methods.
the minimum length of time that telecommunications companies have to store data for government and police access.
2 years.
the ability or power of a court to hear appeals of lower courts and to repeal, affirm or modify those decisions
Appellate Jurisdiction
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 case that overturned the doctrine of terra nullius and led to legal recognition of Native Title.
Mabo v Queensland.
the two legal methods of resolving disputes with the state
Internal review and External Review
One example of a Consumer issue created by technology.
Online shopping, privacy, or genetically modified food.
a system of resolving legal disputes, common to England and Australia, that relies on the skill of representatives for each side, who present their cases to an impartial decision-maker
Adversarial System
The three categories of lawmaking power held by state and federal governments under the Australian Constitution.
Exclusive, Concurrent, and Residual Powers.
The two legal principles that are negatively affected by Bail Law reforms that introduce a presumption against bail, requiring the defence to prove that they should be granted bail.
The Presumption of Innocence and Burden of Proof.
An example of a collective right.
The right to self-determination, environmental rights and peace rights.
Australia's main privacy legislation, targets the collection, use, storage and disclosure of personal information in the federal public sector and large organisations in the private sector.
The Privacy Act 1988
The latin terms referring to the guilty act, and the intent behind criminal offence
Actus Reus and Mens Rea
The system where in order to ratify an international law, a new domestic law must then be created to reflect the principles of the international treaty.
Dualist System
The legislation that reformed the use of the Provocation defence in Australia.
The Crimes Amendment (Provocation) Act 2014.
The legislation that increased police powers to investigate terrorist activity, and saw Mohamed Haneef unjustly detained, charged, and deported.
The Anti-Terrorism Act 2005
the legislation allowing the e-Safety Commissioner to order social media companies to remove bullying or harassing content within 24 hours, or face a A$555,000 fine.
The Online Safety Act 2021