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
Is is the key provisions protecting consumers contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). It established uniform consumer laws in all states and territories.
What is the ACL?
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
A contractual term that has not been included in the formal agreement.
What is an implied terem of a contract?
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 Committee on Economic Social and Cultural Rights
UNHRC enforces the ICCPR (1966)
ECOSOC enforces the ICESCR (1966)
Three complete defences.
Mental Illness, Self Defence, Necessity, Duress, Consent, or Automatism
An independent NGO who attempt to inform the public and community about issues relating to consumer law. Each year they announce the "Shonky Awards"
Who is CHOICE?
A public sale in which people bid for goods or property, and and the sale is to the highest bidder.
What is an auction?
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.
A case against the makers of Nurofen that found that the company had engaged in misleading and deceptive advertising involving claims about its products.
What is the ACCC v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC
The amount of times that a landlord can increase a tenants rent per year.
What is once every 12 months?
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
Enable a defendant's actions to be justified and result in charges being dropped or aquittal eg mental health impairment, involuntray behaviour, mistake, self defence, duress, consent.
What is a complete defence?
Tribunal responsible for resolving disputes for consumers in a timely manner. It also hears disputes between tenants and landlords.
What is NCAT Consumer and Commercial Division?
They include gazumping laws, exemptions to caveat emptor, cooling off periods, insurance protection, standard ciontract of sale.
What are some of the protections for buyers?