HSC Legal Studies Question Thread

[damecj]

Hey,

For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?

Any advice would be much appreciated :0

[rodero]

Do indeed

Toonen v Australia 1991 - de-criminalisation of homosexual sex
Hyde v Hyde and Woodmansee 1866 - this is the case that established Australia’s definition of marriage pursuant to when it was introduced in 2004. Could include this in the last paragraph indicating how outdated the definition is

You're an absolute legend! Thank you so much

[~BK~]

what legislation is product certification covered in?
tia.

[katie,rinos]

what legislation is product certification covered in?
tia.

I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth).  Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.
Hope this helps!   

[~BK~]

I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth).  Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.
Hope this helps!   

thats a huge help...
thanks so much again!
are the other contemporary issues similar
just tryna work on them now and realise how little i know!!

[Korrasami]

Is anyone going through the same predicament in having Legal and Society on the same day?

[Vinnnnnnyyyyyy]

Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.

[georgiia]

In an essay question asking "Explain how the law encourages cooperation and conflict resolution with regard to world order" does 'the law' mean strictly legal mechanisms or can I discuss how NGO's or IGO's or diplomatic pressure/persuasion are encouraging adherence to int. instruments and obligations of non-compliant nation dates and thus encouraging cooperation/conflict resolution?
Thanks

[Lachlan Morley]

In an essay question asking "Explain how the law encourages cooperation and conflict resolution with regard to world order" does 'the law' mean strictly legal mechanisms or can I discuss how NGO's or IGO's or diplomatic pressure/persuasion are encouraging adherence to int. instruments and obligations of non-compliant nation dates and thus encouraging cooperation/conflict resolution?
Thanks

Hi there,

The easiest way to ensure that you are answering the question in those forms of questions is to at first state how the law is ineffective in achieving world order due to ( non compliance, lack of enforceability etc) and then state how non legal methods are a necessity to boost the performance and effectiveness of the law to achieve world order.

By doing it like this, you ensure that you are answering the question throughout the whole of your essay whilst showing the broad nature of your knowledge through reflecting how the law  aims to achieve X although doesn’t  due to X although can be better achieved through the media etc.

Hope that helps

[katie,rinos]

thats a huge help...
thanks so much again!
are the other contemporary issues similar
just tryna work on them now and realise how little i know!!

Hey,
Thanks! 
The other contemporary issues are similar (you could probably use the Competition and Consumer act for them all as it is the main consumer law).

These are the legislation that I have:
Credit
Australian Securities and Investments Commission Act 2001 (Cth): Set up ASIC which prosecutes Credit issues and I think this was the first credit law.
National Consumer Credit Protection Act 2009 (Cth) (NCCP): This is the main legislation for credit. The main objectives are to create a single, uniform national credit law, regulate credit industry participants and to protect consumers/the economy by encouraging responsible lending. It applies to loans such as home loans, personal loans and credit cards. It includes mandatory licencing with ASIC, 48% interest cap and that they must be members of an ASIC approved External Dispute Resolution Scheme.
The National Credit Code (at Schedule 1 of the NCCP) (NCC): The NCC applies to loans given for predominantly personal, domestic or household purposes, including residential property investment.

Marketing Innovations
The Spam Act 2003 (Cth): civil offense to use address harvesting software to build distribution lists of recipients.
Competition and Consumer Act 2010 (Cth) & Fair Trading Act 1987 (NSW): address deceptive advertising and marketing practises.

Technology
Competition and Consumer Act 2010 (Clth): The ACCC can enforce/prosecute the consumer law domestically regarding technology.
Telecommunications Act 1997 (Cth): gives ACCC authority to administer the Rules of Conduct (contained in that act) governing dealings with international telecommunications operators.

Hope this helps! Good luck for Thursday! 

[~BK~]

Hey,
Thanks! 
The other contemporary issues are similar (you could probably use the Competition and Consumer act for them all as it is the main consumer law).

These are the legislation that I have:
Credit
Australian Securities and Investments Commission Act 2001 (Cth): Set up ASIC which prosecutes Credit issues and I think this was the first credit law.
National Consumer Credit Protection Act 2009 (Cth) (NCCP): This is the main legislation for credit. The main objectives are to create a single, uniform national credit law, regulate credit industry participants and to protect consumers/the economy by encouraging responsible lending. It applies to loans such as home loans, personal loans and credit cards. It includes mandatory licencing with ASIC, 48% interest cap and that they must be members of an ASIC approved External Dispute Resolution Scheme.
The National Credit Code (at Schedule 1 of the NCCP) (NCC): The NCC applies to loans given for predominantly personal, domestic or household purposes, including residential property investment.

Marketing Innovations
The Spam Act 2003 (Cth): civil offense to use address harvesting software to build distribution lists of recipients.
Competition and Consumer Act 2010 (Cth) & Fair Trading Act 1987 (NSW): address deceptive advertising and marketing practises.

Technology
Competition and Consumer Act 2010 (Clth): The ACCC can enforce/prosecute the consumer law domestically regarding technology.
Telecommunications Act 1997 (Cth): gives ACCC authority to administer the Rules of Conduct (contained in that act) governing dealings with international telecommunications operators.

Hope this helps! Good luck for Thursday! 

oh my goodness katie... you are a life saver!!!!
that is soooo helpful... thank you SO MUCH! 

all the very very best on thursday... you definitely deserve to (and will) do amazing

[damecj]

Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.

ACARTH (MAIN NON-LEGAL)
•   Raise awareness of Human trafficking, its causes and the scope of local action
•   Ensure the rights and complex needs of people trafficked into Australia are met
•   Collaborate with like-minded organisations in Australia, the Asia Pacific region and globally to advocate for measures to address human trafficking
•   Build a sustainable future for ACARTH
Human Trafficking
•   Palermo protocol (MAIN LEGAL METHOD)
•   Human trafficking- Form of slavery (oppression of people)
•   Traffickers deceive the family
•   They forget who they are
•   February 8th- Day against Human Trafficking


Elements of Human Trafficking
Process
•   Recruiting
•   Harbouring
•   Moving
•   Obtaining

UNDHR
•   Article 4 & 5
Figures
•   Don’t know exact number
•   Between 2013-2014 63,251 victims were detected in 106 countries
•   More than 500 trafficking flaws have been detected
•   51 per cent of detected victims are adult women
•   28 per cent of detected victims are children, the majority of which are girls
•   63% of convicted traffickers are men and 37% are women
•   Average cost of human slave today is 90 USD (Free the Slaves)
•   150 billion USD/yr criminal activity (ILO, 2014)
•   An estimated two children per minute are trafficked for sexual exploitation (Stop the Traffik)
Media
•   http://www.abc.net.au/news/2016-05-19/victorian-man-jailed-for-sexually-abusing-surrogate-twins/7428720
•   http://newsinfo.inquirer.net/821641/new-human-trafficking-ploy-filipino-women-posing-as-boxers (Children Trafficking) Father was convicted jailed for 29 years
Australian Statistics
Australian Federal Police
July 2015- June 2016
•   received 169 new referrals relating to human trafficking and slavery matters taking the total to 691 since 2004
Of these referrals
•   41% related to forced marriage
•   23% related to sexual exploitation
•   21% related to other forms of labour exploitation
•   6% related to child trafficking
•   9% other types of exploitation

Methods
New clients on the Support for Trafficked People Program 1 July 2015- 30 June 2016. Australia has the most clients

International Protocols
CEDAW- Women
ILO Conventions- Both Genders, Migrant workers
Palermo Protocol

Tackling Trafficking
In 2003, 115 countries including Australia signed the ‘’Palermo’’ Trafficking Protocol that set out key legal obligations relating to trafficking.

These obligations include the following duties:
1.   Prevention
2.   Prosecution
3.   Protection
Prevention
•   Awareness raising
•   Campaigns
•   Policy making
Prevention/Prosecution
Government Response
•   Conduct Inquiries
•   Senate Standing Committee on Education and Employment- The impact of Australia’s temporary work visa programs on the Australian labour market.
Prosecution
•   Crimes Legislation Amendment
Protection
•   Visa Framework- Bridiging F Visa- Referred stay visa
•   Right to Remedy & Reparation
•   Support for Trafficked People Program

[spetsnaz]

Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.

Legal:
-Criminal Code Amendment (Trafficking in Persons) Act 2005 defined human trafficking and slavery whilst also establishing the Federal Police Human Trafficking team
-Australia has also ratified the UDHR, ICCPR and ICESCR + the Protocol to Prevent, Suppress and punish trafficking in persons, especially women and Children
Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (The Slavery Act) made sure that even the broadest range of slavery/trafficking was criminalised
Non-legal:
-Un Global Initiative to Fight Human Trafficking - mobilised non-state actors through awareness and assistance to reduce trafficking/slavery
-Anti-slavery international is a UK based NGO which assists to reduce cross-border trafficking
-UTS students 'Anti-slavery project' 2004 aimed to eliminate modern slavery through collaboration with government agencies and community groups
-SBS aired 'trafficked' which was viewed by over 500K people and prompted compensation claims

[georgiia]

Hi there,

The easiest way to ensure that you are answering the question in those forms of questions is to at first state how the law is ineffective in achieving world order due to ( non compliance, lack of enforceability etc) and then state how non legal methods are a necessity to boost the performance and effectiveness of the law to achieve world order.

By doing it like this, you ensure that you are answering the question throughout the whole of your essay whilst showing the broad nature of your knowledge through reflecting how the law  aims to achieve X although doesn’t  due to X although can be better achieved through the media etc.

Hope that helps

Thank you! that really clarifies my question

[justdoit]

can anyone help me??
i need international treaties or documents in relation to consumers pleaseee!