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Adversary system definiton
The Adversary system relies on a two-sided structure of opposing sides, each presenting its own position. With an impartial judge or jury hearing each side and determining the truth in the case.
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Jury decision
The jury is a panel of citizens selected at random from a list compiled from the electoral roll, whose job it is to determine the guilt or innocence of the accused based on the evidence presented in the trial.
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Two legislation acts for jury and what they did
Jury Act 1977 (NSW) - a. Outlined requirements for a member of the jury such as an Australian citizen above 18 years -2. Jury Amendment (Verdicts) Act 2006 (NSW) a. Allow majority verdicts to be 11 or 10 to one
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What was the study to do with jurors
1. NSW Bureau of Crime Statistics and Research - a. Found that under half of jurors understood Judge’s instruction on law
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Media relating to jury
1. DAILY TELEGRAPH “Sacked juror flirted with crim” a. Found that in the R v RG 2015 case, female juror was caught flirting with the accused.
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Cases for jury
1. R v Lee 2014 jury dismissed after discovering juror was illiterate 2. R v Mason 2012 trial aborted after juror fell asleep
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Definition of charge negotiation
Charge Negotiation is where the accused agrees with the prosecution to plead guilty to a articular charge or charges. This usually involves pleading guilty to a lesser charge in an exchange for a higher charge being withdrawn or lesser sentence
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Legislation for charge negotiation
1. Crimes (Sentencing Procedure) Act 1999 a. Established element of charge negotiation
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Media for charge negotiation
Victims ignored in plea deals” SMH 2009 a. Highlights Nannette May Case 2009 in which Ms May at first failed to receive justice due to the judge not receiving the full amount of evidence due to plea-bargaining.
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Definition of legal representation
In the Australian legal system, a defendant has the right to a fair trial, and Australian courts have ruled that a trial will rarely by fair for an accused who does not have adequate legal representation.
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Cases for legal representation
1. Dietrich v The Queen (1992) a. Established a limited right to legal representation Legislation
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Legislation for legal representation
1. Legal Aid Commission Act 1979 a. Commission provides legal assistance and representation to people who are socially and economically disadvantaged to ensure they have equitable access to the law.
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Media for legal representation
1. “Tony Abbott kills $25m legal aid cut” a. argues that society values the need for legal aid as every one can be represented
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Bail and remand act
Vail Act 2013 -• Conditional freedom • Based off the presumption of innocence until proven guilty • May be granted or denied
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Law reform to bail
1978 Act overturned • Tried to remove judicial discretion • Only able to apply once, Bail Amendment Act 2015 - removes anyone from being granted bail with a terrorist link, or in association with anyone who does following martin place
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Jurement on the 2013 act media
• “Accused murderer granted bail under new laws” (SMH 2014)
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Impact of siege on bail media
• “Sydney Siege inquest to look at why Man Haron Monis was on bail” (The Guardian 2015)
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Purpose of punishment, deterrence
• Specific deterrence – deters individuals • General deterrence – sends message to community as a whole that crime is unacceptable and has consequences
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detterance media and case
• “Long jail terms are no deterrent – chief judge” (SMH 2012) R v Loveridge (2013)
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Retribution
Punishment should fit the crime • Impact of crime on victim, their family and community R v Milat and Klein (2012) – 43 years not excessive
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Rehabilitation
Change the behaviour of the offender so they don’t reoffend • Deals with problem of recidivism Young Offenders Act 1997 (NSW) and R v GDP (1991)
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Incapacitation
Aims to protect society through removing offender • Particularly heinous crime R v Milat and Klein
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Victim impact statements
Crimes (Sentencing Procedure) Act 1999 (NSW), the Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 (NSW)
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VIS continued
• R v Loveridge (2013) wanted more participation in case • NSW Cabinet backs laws to allow family of homicide victims to have say in killer’s sentencing (2014) • Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act
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Piracy
UNCLOS, Cimes (Ships and fixed platform) At 1992 (Cwth) seizing ship offence, maximum penalty life, Crimes at Sea Act 2000 (Cwth) applies criminal laws beyond Australia's territorial waters
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Importance of Geneva convention
- willful killing - torture and inhuman treatment - unlawful deportation or transport unlawful confinement
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Examples of war crimes
- Ethnic cleansing during former Yugoslavia 1992-95, - conflict between Hutus and Tutsis in 1994, - Killing fields in Cambodia, - Civil war in DRC, - Lords resistance army Uganda and - Ethnic cleansing in Sudan.
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Domestic responses
- War Crimes Act 1945 (Cth) - Extradition of Captain Dragon for war crimes in Croatia. - Refusal to extradite Charles Zentai (2012) - Lack of war crimes investigations ‘a scandal’ (SMH April 2012) – → Legal haven for war criminals (SMH November 2
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Genocide
• UN Convention of Genocide (1948) Ethnic cleansing during war in former Yugoslavia 1992- 1995, conflict between Hutus and Tutsis in 1994, Killing fields in Cambodia, Civil war in DRC, Lords resistance army Uganda and Ethnic cleansing in Sudan.
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Australian response to genocide
- Crimes (Torture) Act 1988, Cth
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Terrorsim
• the population. • UN convention of suppression of acts of Nuclear Terrorism 2005 • UN convention for suppression of financing of terrorism 1999 • UN convention for the suppression of terrorist bombings 1997 • UN Convention against taking hostage
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Examples of terrorism
- September 11 2001 attacks on the world trade centre, - Bali bombings - London bombings
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Domestic response
- Criminal Code 1995, state governments referred powers to federal government in 2002, but most states have increased police powers (preventative detention in the crimes act.)
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Transnational crime definition
¬ crimes that take place across the borders of states or involve crossing borders in some way as part of the criminal activity ¬ crime may take place in one country, but have consequences in another
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People smuggling definition
• organising and facilitating the entry of people into a foreign country in a manner that doesn’t comply with the countries laws
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International response to people smuggling
• UN protocol against the smuggling of migrants by land, sea and air (2004) • Christmas Island (December 2010) • People Smuggling operates as ‘open secret’ (SMH 7/2/11)
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Domestic réponse to people smuggling
- Commonwealth Criminal Code (1995) – anti smuggling laws with penalties up to 20 years - since 2008
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Drug trafficking
• UN Convention against illicit traffic in narcotic drugs and psychotropic substances (1992) - supervised by international narcotics control board and UN office on drugs and crime. - Countries must criminalise illegal manufacture and trafficking in
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Drug trafficking cases
- Schapelle Corby, - Bali 9 - “Bikies” blackberry beat law (6/2/11)
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Drug trafficking domestic response
- Proceeds of Crime Act (2002) – assets are confiscated and paid into an account - Crimes (traffic in narcotic and psychotropic substances) act (1995) – offences dealing with drugs outside of Australia and drugs on Australian Aircraft.
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Extradition act
- International Transfer of Prisoner Act (1997) allows Australians imprisoned in other countries to apply to return to Australia to serve the remainder of their sentence, can only occur when treaty exists between Australia and other country
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Human trafficking
• Recruitment, transfer, harboring of persons by means of threat or use of force may be for sexual exploitation, forced slavery or removal of organs
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Human trafficking international response
• UN protocol to prevent, suppress and punish trafficking in persons, especially women and Children (2005) - obligation to criminalise trafficking, investigate and prosecute offenders, this includes creating penalties
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Human trafficking domestic response
• R V Tang (2008) - Criminal Code (2005) cth, penalties of up to 25 years – extended geographical jurisdiction - Migration Act (1956) makes it an offence to employ a non-citizen without a working visa
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Mandatory sentencing acts
Crimes act 1900 section 19 a - Crimes mandatory sentencing act 1999 - Crimes and other legislation intoxication Act 2012 following R v Loveridge case
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Article relating to mandatory sentencing
article Mandatory sentencing: a king hit for courts (ABC 2014)
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Characteristics of human rights
● UNIVERSAL: apply to all ● INHERENT: in all people ● INALIENABLE: cannot be taken or given away
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History of slavery
● Common in ancient societies: Egypt, Greece, Rome ● Transatlantic Slavery: 17th – 19th century America (12.5 million Africans)
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Developments in abolition of slavery
1. Ending the Slave Trade (buying and selling of slaves) 2. Setting Existing Slaves Free ● Britain – Slave Trade Act 1807 (UK) and Slavery Abolition Act 1833 ● USA – 13th Amendment 1865 (caused by the American-Civil War) Mauritania in 1981
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International law of slavery
● Article 4 of the Universal Declaration of Human Rights 1948 ● Article 8 of the International Covenant on Civil and Political Rights 1966
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Effectiveness of slavery
● Slavery still exists but in a different form – 27 million slaves (UN estimate) ● Human trafficking, forced labour, child labour and sex slavery ● R v Wei Tang (2008) – first successful prosecution for slavery (10 years on 5 counts of possessing sla
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law reform of slavery
● Crimes Legislation Amendment (Slavery, Slavery-Like Conditions and People Trafficking) Act 2013 (Cth) – police powers to investigate by making them criminal offences ● “Crackdown on slavery passes parliament” (The Australian 2013)
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Nature of trade unionism
● A collective of employees formed to protect the rights of workers ● Formed in response to 1850s industrial revolution in Europe Better working conditions and wages
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Development of trade unions
● UK: The Trade Union Act 1871 (UK) gave unions legal status ● Australia: developed from the 19th century, and formed the ALP (1891) ● International: International Labour Organisation formed in 1919 is an agency of the UN and works to improve interna
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Achievements of trade unions
● Minimum wages, improved conditions, equal pay, long service leave, OH&S, paid public holiday ● Glass ceiling is still an issue, as well as disability, aged and racial issues
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International law for trade unions
● Articles 23-24 of the Universal Declaration of Human Rights ● Articles 6-8 of the International Covenant of Economic, Social and Cultural Rights
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Universal suffrage
● Right of all people to vote as part of a democracy ● Only a recent development in the world – vote previously restricted
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Women development of human suffrage
● 19th century – women’s suffrage movement campaigned for voting equality ● New Zealand in 1893 ● Australia 1902 – Franchise Act 1902 (Cth) Britain 1918 (limited voting rights) and then 1928 complete women’s vote
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Racial development of suffrage
● US – suffrage to all males under Fifteenth Amendment to the US Constitution ● Australia – 1962 Amendment to the Commonwealth Electoral Act 1918 Enabled all Aboriginal Australians to vote in federal elections
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International law of suffrage
● Article 21 of the Universal Declaration of Human Rights ● Article 25 of the International Covenant on Civil and Political Rights 1966
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Continuing issues of universal suffrage
● Australian prisoners (more than 3 years) cannot vote (Roach v Electoral Commissioner 2007) 2011 – only 87 countries (45%) of the world was considered democratic
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Nature of universal education
● Right of all to basic education ● Before 19th century, any education was rare ● Growing demand for education due to increasingly globalized world
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Development of universal education
● Britain: 1870 compulsory education from 5-10 years of age ● Australia: Primary education became compulsory and free in 1870 ● Education Act 1990 (NSW) made schooling compulsory until 17 ● UN – recognised as vital part in the alleviation of poverty
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International law regarding education
● Article 26 of the Universal Declaration of Human Rights ● Article 13 of the International Covenant of Economic, Social and Cultural Rights ● Article 28-29 of the UN Convention of the Rights of a Child (1989) Millennium Development Goal #2 (2001
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Continuing issue education
● 1/3 of the world’s children cannot read, write or do basic mathematics ● 57 million children not attending school at all
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Self determination nature
● Collective right of a group of people ● Right of people to determine their own political status ● And to choose how they will be governed without the influence of another country ● Began with the 1776 US Declaration of Independence
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domestic and international self determination
● Domestically: Indigenous peoples deciding their own future within a country ● Internationally: as a principle in international law whereby a people form their own independent country (East Timor and South Sudan)
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international law regarding self determination
● Article 1 of the Charter of the United Nations (1945) ● Article 1 of the International Covenant of Economic, Social and Cultural Rights ● Article 1 of the International Covenant on Civil and Political Rights 1966
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Environmental rights nature
● Third generation rights and collective right ● Right of future generations to enjoy the same level of environmental quality ● Intergenerational equity
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Environmental international law
● UN Human Rights Council has drawn attention to the relationship between a safe and healthy environment and the enjoyment of human rights ● No universal recognition of this right ● Stockholm Declaration 1972 ● Rio Declaration 1992 ● Kyoto Protocol
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Peace rights nature
● The right of people to have their government maintain peace and eliminate war ● Collective right of a group of people ● Only violated in self-defense or in accordance with the UN charter
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International peace law
● UN Charter 1945 – made peace the primary purpose of the UN in Article 1 ● Article 1 gives the UN power to take measures to prevent and remove threats to peace ● UN Declaration on the Rights of People to Peace 1984 ● UN Human Rights Council
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International bill of rights
● Universal Declaration of Human Rights (1948) ● International Covenant on Civil and Political Rights (1966) ● International Covenant on Economic, Social and Cultural Rights (1966)
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UDHR formation
● UN Commission of Human Rights and Eleanor Roosevelt ● UN Charter did not define human rights ● Adopted by General Assembly in 1948 ● Currently signed by 193 member states
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International law UDHR
● The UDHR has inspired the formation of over 200 treaties, conventions and declarations ● The Convention on the Rights of the Child (1989) ● The Declaration on the Rights of Indigenous Peoples (2006) Become a part of international customary law
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ICCPR
International Covenant on Civil and Political Rights , ● Adopted by the UN General Assembly in 1966 ● Came into force in 1976 (when ratified by many member states) ● Also contains two Optional Protocols
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Rights included in the ICCPR
● Right to self-determination (Article 1) ● Freedom from torture (Article 7) ● Freedom from slavery (Article 8) ● Freedom from arbitrary arrest and detention (Article 9) ● Right to privacy (Article 17) ● Right to equality and protection against discr
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ICSECR
International Covenant on Economic, Social and Cultural Rights , ● Adopted by the UN General Assembly in 1966 ● Came into force in 1976 (when ratified by many member states) ● Also has one Optional Protocol
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Rights included in the ICSECR
● Right to self-determination (Article 1) ● Right to work in jobs that are freely chosen and accepted (Article 6) ● Right to remuneration – safe and healthy working conditions (Article 7) ● Right to form and join trade unions (Article 8) ● education
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United Nations
● Effective in promoting human rights → treaties, R2P and Peacekeeping ● Weaknesses → political will for treaties, R2P depends upon UNSC, P5 veto power ● UN Millennium Development Goals have not been achieved but promoted the need
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IGO example 1
UNITED NATIONS ● ICCPR – Human Rights Committee - Toonen v Australia (1994) - Not binding decisions - Depend on media pressure ● ICESCR – Committee on Economic, Social and Cultural Rights
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IGO example 2
● Established in 2002 with 54 members (all states but Morocco) ● African Charter on Human and Peoples Rights ● African Court of Justice and Human Rights 1988 ● Compliance is low as countries don’t respect the rule of law
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Courts and tribunals judgement
● Somewhat effective as acting as a deterrent, with human rights abuses continuing ● Retrospective in dealing with human rights violations → only ever had 2 convictions ● Very expensive (millions for each case) for somewhat limited gain
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ICC
INTERNATIONAL CRIMINAL COURT ● Symbolically powerful but not very powerful ● Not able to stop the crimes but rather just punish offenders ● Slow and very expensive to run ICC trial ● Support for the ICC is not universal – relies on cooperation
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ICC Continued
● No police to enforce international laws ● Only jurisdiction from crimes committed since 2002 (reduces reach) Only 2 convictions in 10 years
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Domestic human right
Convention on the Elimination of all forms of Racial Discrimination (1965) ● Signed in 1966 ● Ratified in 1975 ● Enacted by the Racial Discrimination Act 1975 (Cth)
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COnstution express rights
● 51 – Right to acquisition property on just terms ● 75 – Right to court review of government decisions ● 80 – Right to trial by jury ● 116 – Freedom of religion 117 – Freedom from discrimination
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COnstution implied rights
● Freedom of Political ● Right to vote
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Division of powers
Powers of the COMMONWEALTH government Section 51 of the Constitution
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Separation of powers
Power of PARLIAMENT to make statute laws Power of GOVERNMENT to put laws into action - Independent Governor General and High Court allow the executive to be separate from the legislature
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Argument for charter of rights
Community support ● Overwhelming public support 87% Failure of existing law ● Scattered throughout statute, common, states and federal Marginalized and minorities, clear recognition of human rights, increase enforceability
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What does . The Assisted Reproductive Technology Act 2007 (NSW) do? 7
ethically monitors birth technologies such as in vitro fertilisation (IVF) and genetic manipulation
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How does this contribute to responsiveness of law?
moral and ethical standards. Moreover, this act establishes enforceability through the requirement for a birth technology provider to be registered with the NSW Ministry of Health
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Protection of child under birth tecnholiges act
the Status of Children Act 1996 (NSW) children born through birth technologies such as IVF have the same legal status as those conceived naturally
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Surrogacy act
The Surrogacy Act 2010 (NSW) to enable the transfer of parentage of a child to a commission couple
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How does surrogacy act support and protect parent rights?
This avoids the traditional adoption process reaffirming resource efficiency whilst highlighting the responsiveness of the legal system. In addition, parentage orders are to be made in the best interest of the child and must involve the consent
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The act outlying the involvement of the responsiveness of a legal system in the vulnerability of parents
following Re: Michael (Surrogacy Arrangements) [2009
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Identify supporting evidence to commercial surrogacy
Should commercial surrogacy be legal in Australia (SMH 2015) a much needed reform of ethically maintaining commercial surrogacy in Australia could reduce the attractiveness of international commercial surrogacy
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Young offenders legislation
Young Offenders Act 1997 (NSW
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Statistics onYJC
NSW bureau of Crime Statistics and research, 87.3% of victims feel that they achieved justice by evolved in a platform to discuss the damage done by the offender.
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Article on young offenders
“Restorative justice program helps young offenders 16/06/16)” young offenders are given the chance to get back to society as rehabilitated individuals. Daily tele
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Police powers act
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW),
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NSW police force code of practice
CRIME (Custody, Rights, Investigation, Management and Evidence),
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Article on police powers
“Greater police powers and penalties threaten civil liberties in NSW for ‘public safety’ (theconversation 08/04/16), new police powers will be awarded to give senior police officer the power to make “public safety orders
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law pertaining to marriage
Family Law Act 1975 (Cth amending the Matrimonial Causes Act 1959 (Cth)
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Article on divorce
“Australian Divorce rates, the real statistics” (2013)
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Kiss and make up clause
Under section 50 Family Law Act
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Statistic on de facto relationship
Australian Institute of Family Studies, the number of couples cohabiting rather than get married continues to increase.
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Law pertaining to de facto relationships
De Facto Relationships Act 1984 (NSW) De Facto Relationships Act 1984 (NSW) Family Law Amendment (De Facto and Other Measures) Act 2008
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Act where definition made "union of a man and a women to the exclusion of all others"
Marriage amendment act 2004
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Poll on gay marriage
2015 Fairfax poll. The poll found that 68% of voters support gay marriage
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Articles for plebiscite debate
Federal election 2016: same sex marriage plebiscite pause for poll” article “Plebiscite to create a platform for homophobia (AUST 2016),
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Adoption
Adoption Act (NSW) 2000, married for two years, over 21, best interest of the wild, access info about bologocial parents
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Same sex adoption
Adoption Act (Adoption Amendment) Same Sex Couples Act 2010 2007 ‘Same Sex: Same Entitlements report by Australian Human Rights Commission
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Parental responsailitiy act
Family Law Reform Act 1995 (Cth) reflects shitf in values from parental rights to parental responsibility as with CROC, reformed with • Family Law Amendment (Shared Parental Responsibility) Act 2006 with a presumption in favour of equal shared parent
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Family violence
Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 (Cth) Children (Protection and Parental Responsibility) Act 1997 • Responsibilities of parents for the behaviour of children
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Family violence continued
• “National campaign to end domestic violence launched” (SMH 2014) Family Law Act 1975 (Cth)
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Card 2

Front

Jury decision

Back

The jury is a panel of citizens selected at random from a list compiled from the electoral roll, whose job it is to determine the guilt or innocence of the accused based on the evidence presented in the trial.

Card 3

Front

Two legislation acts for jury and what they did

Back

Preview of the front of card 3

Card 4

Front

What was the study to do with jurors

Back

Preview of the front of card 4

Card 5

Front

Media relating to jury

Back

Preview of the front of card 5
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