Your Rights and Responsibilities
Rights and responsibilities in Australia come from three main legal sources. Name all three.
The Constitution, statute law (Acts of Parliament), and common law (judge-made law/precedent).
Give an example of a crime that falls under the jurisdiction of state police.
Homicide, manslaughter, or sexual assault (any state-level crime).
What does ADR stand for?
Alternative Dispute Resolution.
Name three non-legal methods of challenging state power.
Any three of: the media, members of parliament, trade unions, or interest groups/non-government organisations (e.g. Amnesty International)
Name three legal methods of external review.
Any three of: tribunals (administrative review), the courts (judicial review), the Ombudsman, statutory bodies (e.g. ICAC, AHRC), or Royal Commissions.
Give an example of an express right found in the Australian Constitution.
Express right = literally written into the Australian Consitution — freedom of religion (s.116), trial by jury (s.80)
What is the jurisdiction of the Australian Federal Police?
Crimes that cross state boundaries, or breach Commonwealth (federal) law.
What is mediation?
A process where a neutral third party (the mediator) helps two parties discuss their dispute and reach their own agreement, without making the decision for them.
Name the podcast which placed pressure on the NSW government to prosecute Chris Dawson.
The Teacher's Pet.
What is an administrative review?
A review of a government decision by a tribunal (such as NCAT), which can look at the merits of the decision and make a new one.
Name one key difference between how rights are protected in Australia and how they are protected in comparable developed countries such as the United States or New Zealand.
Australia has no national Bill of Rights, unlike the US (whose Bill of Rights is entrenched in the Constitution) or New Zealand (which has a statutory Bill of Rights Act 1990) — Australians' rights instead come from a mix of the Constitution, statute law and common law.
What is the main role of the Australian Border Force?
Protecting Australia's borders — e.g. stopping the unlawful movement of goods and people, immigration, and quarantine control.
What is one key difference between conciliation and arbitration?
In conciliation, the conciliator can advise the parties but doesn't make a binding decision; in arbitration, the arbitrator makes a decision that is legally binding on both parties.
Name ONE method used by Amnesty International to campaign for the release of Julian Assange.
Public statements, petitions, or lobbying of the UK and US governments (any one).
Give one advantage and one disadvantage of judicial review.
Advantage: courts are independent and can strike down unlawful decisions. Disadvantage: courts can only review whether a decision was made lawfully, not whether it was fair or correct on its merits.
A famous 1932 case established that manufacturers and sellers owe consumers a common law responsibility. Name the responsibility and the case that established it.
Duty of care, established in Donoghue v Stevenson (1932).
Name one power the Law Enforcement (Police Responsibilities) Act 2002 (NSW) grants to NSW Police officers.
Any one of: the power to stop, search and detain people; the power to enter and search premises and seize property; the power to arrest, detain and question suspects; or setting out how suspects must be treated.
Name one difference between a tribunal and a court.
Any one of: tribunals are less formal and cheaper; parties often don't need legal representation; tribunal members may have specialist expertise rather than legal training; or tribunals don't have to follow strict rules of evidence.
Explain how the media can successfully challenge the power of the state.
By publicising an issue — through news stories, podcasts or documentaries — the media can raise public awareness and build pressure that pushes the state to reconsider or act on a decision.
Describe the role of the Ombudsman.
The Ombudsman investigates written complaints made by the public against government agencies and, if a complaint is justified, makes recommendations to fix the problem — but cannot punish or fine anyone.
Under the Disability Discrimination Act 1992 (Cth), state one right held by a person with a disability and one corresponding responsibility held by another party.
Right — a student with a disability has the right to attend their local school without being excluded on the basis of disability. Responsibility — the school (e.g. the principal) has the responsibility to make reasonable arrangements to accommodate the student, such as wheelchair access, teacher support and training.
What powers does the Income Tax Assessment Act 1936 (Cth) grant to the Australian Tax Office (ATO)?
The power to investigate and prosecute individuals or companies in relation to tax offences, such as tax avoidance or underpayment of tax.
In Greenwich v Latham (2026), which division of NCAT heard the case?
The Equal Opportunity Division (under the Anti-Discrimination Act 1977 (NSW)
Why was the media unsuccessful in resolving the dispute between Keli Lane and the NSW government?
Although the ABC documentary Exposed: The Case of Keli Lane generated public debate and pressure, it did not result in her conviction being overturned — she remained in prison and was refused parole in 2024.
Under the Australian Human Rights Commission Act 1986 (Cth), outline two roles of the AHRC.
Any two of: investigating discrimination complaints, running public education programs, holding public inquiries, or advising parliament on human rights issues.