What can the media do?
Apply pressure on government to change, allows for communication between people to discuss disputes
What can MPs do?
Relay information to Canberra Organisation
What can trade unions do?
Support workers’ rights, strike as a last resort
What can interest groups/NGOs do?
Lobby support from likeminded people
What are the two forms of legal methods of challenging power
Internal review and external review
What is an internal review?
Review made by the agent that made the decision. Usually a government department. Cost effective but rarely effective in terms of practical outcomes
What is an external review?
Review made by an external agency or tribunal
What are the 4 non legal methods of resolving disputes with the state?
- Contacting the media
- Informing a political representative
- Joining a union
- Joining an interest group/NGO
What do administrative and other tribunals do?
- Provide legally binding decisions on complaints about administrative decisions/actions in a timely and cost effective manner
- Less formal than courts, narrow jurisdiction, not bound by evidence, various factors taken into account, no legal representation
- Provide solution not resolve dispute
What is a merit review?
Review facts, law and policy relating and arrive at independent decisions
What is a legally binding review?
Government departments/agencies are bound to the decision
Why has there been an increase in the use of tribunals?
- Government decision making is intrusive in everyday life
- Importance of human rights and of transparency in government
- Courts are expensive
What is NCAT?
- NSW Civil and Administrative Tribunal
- Reviews administrative decisions made by government agencies
What does NCAT review decision on?
- Use of and access to personal information held by gov.
- Firearms licences/ taxation decisions
- Guardianship and financial management
- Administrative decisions made in the community services sector
What is a judicial review?
A court reviews a decision made by a government department on the basis of whether the decision was lawfully made, no judgement on merits or original decision
What remedies can be the outcome of a judicial review?
Prohibition- stops implementation of decision
Certiorari- reverses decision
Mandamus- compels decision, maker performs public duties
Injunction- prohibits decision maker from implementing invalid decision
What is an ombudsman?
- Formal external control with legal power to investigate complaints made by citizens (usually about government agencies)
- Aim is to resolve complaints impartially, informally and quickly
- Cannot override decision of agencies but resolve disputes through consultation, negotiation and formal recommendations to senior levels of government
What are some statutory bodies?
- Anti-Discrimination Board of NSW (ADB)
- Commissions of Inquiry
- Independent Commission Against Corruption (ICAC)
- Australian Human Rights Commission (AHRC)
What are Commissions of Inquiry?
- Use the Inquisitorial System
- Royal commissions= “public inquiry”
- Temporary bodies appointed to provide advice or investigate
- “Institution of last resort”
What is ICAC?
- Independent Commission Against Corruption
- Protect interests of public
- Prevent breaches of public trust
- Influence behaviour of public officials
What is the AHRC?
- Australian Human Rights Commission
- Investigate complaints about discrimination
- Complaint can then go to Federal Court or Federal Magistrates Court where enforceable orders can be made
List the main types of public law
- Criminal law
- Administrative law
- Constitutional law
How is criminal law established?
Established by statute and in some cases common law
Why can criminal law be considered public law?
Because when a person breaks a criminal law they are harming all members of society
