Terms & Concepts
A collective term for certain extremely serious violations of international law: genocide, war crimes, crimes against humanity, torture and enforced disappearances.
What are "crimes against the international community"?
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 case provided the common law definition of marriage.
What is Hyde v Hyde and Woodmansee 1866
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.
What is 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 national divorce rate in 2020, according to the ABS
What is 1.9 people per 1000 (down from 2.6)
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.
What is 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
What defines 'irretrievable breakdown of marriage' and outlines a 12 months separation period, 'kiss and make up', clause, mandatory counselling if less than 2 years
What is the Family Law Act 1975 Cth (s48 and s50)?
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.
What are 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.
The definition of marriage in Australia since 2017.
What is "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life"
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
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.
TWO current problems with child support payments after separation of marriages involving children.
1. Outdated Calculation (no accounting for inflation)
2. Rising Debt: ($1.7 billion owed in unpaid support)
3. Gender Disparity: (women often bear the brunt of caregiving costs and income reductions)
4. Compliance Issues: (inaccurate income reporting)