the law a rule of conduct considered to be compulsory and to which is attached some legally...
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The Law
A rule of conduct considered to be compulsory and to which is attached some legally recognised punishment or sanction if broken
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Statute• An act of parliament• A law made by parliament• As managers we work both a statutory
and common law (made by judges) context.
• To gain a working knowledge of “legal things” it is necessary to first try to understand the legal terrain in a way which is understandable to non-lawyers
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Judge-made Law•Judges have been deciding on legal issues for hundreds of years•These decisions have been recorded and together they form a body of law known as one of the following terms:
–Common Law–Precedent Law–Case Law–Judge-made law–Un-enacted law– Example of common law decision is the Mabo caseAdapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Parliament-made Law
• A law made by the parliament is known as an Act, Statute, Legislation.
• Legislation is enacted to achieve one of the following:
– Solve a problem (limit possession of firearms)– Give effect to party policy (alter immigration
quotas)– Prevent problems (racial vilification legislation)– Consolidate common law cases (Native title Act
’93)
• Parliament-made law overrides common law Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Public and Private Law
• Law can also be divided into public and private law• Public law is about society as a whole; the law-making
capacity of governments and disputes between the State and its citizens.
• There are four main parts to public law:– Administrative law– Constitutional law– Criminal law– Industrial law
• Private law deals with disputes between private citizens, e.g. property, family, succession (wills), trusts and commercial law.
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Civil Vs Criminal Law
• Civil law refer to disputes between individuals, e.g. negligence, defamation, nuisance, contract and trespass.
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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The main differences between criminal and civil law include:
• In criminal law the State brings the action in a civil case the individual or plaintiff brings the action;
• The aim of criminal law is punishment, deterrence, or rehabilitation & the aim of civil law is compensation;
• The end result in criminal law is conviction or a penalty, in civil law it is award of damages or to stop someone from doing something;
• The standard of proof in a criminal case is beyond reasonable doubt in a civil case is the balance of probabilities.
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Federal and State Laws
• We have both Federal (or Commonwealth) and State Laws.
• The Commonwealth legislates makes laws on taxation, immigration, export and foreign trade, pensions, benefits and allowances.
• The States legislate on such areas as juvenile justice, state education, utilities (power, water, gas) and police powers.
• It is possible for the Commonwealth and the State to make laws about the same subject. In this case the Commonwealth law prevails.
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Commonwealth Legislation
• Applies to all Australians, for example:* Income Tax Assessment Act 1936* Income Tax Assessment Act 1997* Freedom of Information Act 1982* Disability Discrimination Act 1997* Privacy Act 1988.
Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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Some hints on how to stay up to date with legal matters• Wikipedia is a website that has information on any
possible term, person, Act, movie, book or anything that exists. It can be accessed on http://en.wikipedia.org/wiki/Main_Page
• Get a copy of the “Law Handbook” . The Legal services Commission (1999). http://www.lsc.sa.gov.au
• Read the newspapers and keep an eye out for things that are of a legal nature
• And most importantly if you don’t understand something, you are probably not the only one so, ASK!!! Adapted from Meet Statutory and organisational Information Requirements-(2004) ARRTS Prints
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