DOCSLIB.ORG

Australia's Legal System 16 a 16 B

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Australia's Legal System 16 a 16 B Unit 1 Our democratic rights Australia’s legal system Laws regulate most of the situations we fi nd ourselves in every day. Laws are formal ‘legal rules’ that are designed to govern the way in which people behave and act so we can all live in a peaceful and united society. In Australia, our laws are made and enforced by a range of different organisations – including the courts, tribunals, parliaments, police and prisons – collectively referred to as the legal system , or justice system . We have a legal system to make sure that laws are obeyed and the rights and responsibilities of all Australian citizens are respected. For people to have confi dence in the legal system, it is important that legal disputes are resolved in a fair and unbiased manner and that all people are treated equally before the law. Unfortunately, despite best efforts, this is chapter not always the case. chapter Source 1 Australia’s legal system is designed to govern and regulate the ways in which all citizens behave. A range of formal ‘legal rules’ known as laws helps to achieve this. There are laws relating to almost 16every situation we encounter on a daily basis. 16 A 16 B What key principles support How does Australia’s courtDRAFT Australia’s legal system? system work? 1 Look at each of the different situations represented 1 As a class, list the names of any Australian courts. in Source 1. Do you think all of the people shown Suggest what types of cases might be heard by are committing crimes? Why or why not? these courts. 2 Have you (or any of your friends or family) ever been 2 As a group, try to think of at least two famous involved in similar situations where you may have Australian legal cases. When did each of these broken the law? Did you do so knowingly and were cases take place, what were the basic facts of each you caught? case and what were the outcomes? 470 oxford big ideas humanities and social sciences 9 western australian curriculum chapter 16 australia’s legal system 471 16A What key principles support Australia’s legal system? Reasons we have laws individuals from harm. For example, many different 16.1 Understanding laws laws exist in Australia to protect individuals and specific There are many reasons why societies must be regulated groups from danger and maltreatment, including by laws. Firstly, laws help establish boundaries of consumer, workplace, family, environmental and child and why we need them acceptable behaviour, so that all members of the protection laws. community can be aware of the type of conduct that will and will not be tolerated by the majority of people. Check your learning 16.1 The goal is that individuals treat one another with When you think about it, many aspects of our daily respect and do not undertake actions that disturb or Remember and understand lives are regulated by rules. In fact, almost every violate the rights of others or threaten a peaceful way of life. For example, in Australia we have anti-bullying and 1 Why would an organisation like a school or group to which we belong – whether it is our family, sporting club impose specific non-legal rules school, local sporting club, church or community anti-discrimination laws, which make it unlawful to or regulations? group – imposes rules. Often, if we want to stay part of victimise, abuse or discriminate against another person 2 What, in legal terms, is a sanction? these groups, we have to obey their rules. Likewise, as on the basis of their race, religion or sex. Australian citizens, we all have a responsibility to obey Laws also help maintain a unified society by 3 Describe two sanctions that could be imposed by a more formal set of rules (known as laws). So what is preventing disputes from arising and protecting a court in Australia. the difference between a rule and a law? Apply and analyse 4 Identify a club or group you, or someone you The difference between non- know, belongs to. It could be a sporting club, legal rules and legal rules (laws) church group or volunteer society. Investigate and list five non-legal rules that are imposed by the Source 1 Sporting clubs have established non-legal rules. Non-legal rules and legal rules (laws) govern our daily group, and jot them down. Then: lives. There are some key differences between these two a suggest reasons why each rule may have been types of rules. created Non-legal rules b state any consequences associated with breaking each rule Non-legal rules are rules or regulations that are imposed c explain whether or not you agree with each upon the members of a specific group so they can work rule. together in a peaceful manner. For example, schools, 5 List five legal rules or laws that, as an Australian families and sporting clubs all enforce a range of non- citizen, you must obey. For each law suggest legal rules to ensure the smooth operation of their Source 3 There are anti-bullying laws in place in Australia. why the law was most likely made and the likely group. For example: consequences of breaking the law. • schools can require students to wear a uniform and not have obvious body piercings 6 Imagine you had the power to create or alter three laws. • parents can require children to undertake specific a What laws would you introduce or change? tasks or chores Source 2 A school imposing a code of dress (or uniform) Give reasons for your answer. • sporting clubs can require regular attendance at that restricts tattoos or body piercing is an example of a training sessions. non-legal rule. b Identify any groups who may oppose your suggested law changes. Give reasons for your Whatever the non-legal rules might be, they are Legal rules (laws) response. generally imposed to help establish a code of behaviour DRAFT Legal rules, or laws, are similar to non-legal rules in that that is acceptable to the majority of group members they also exist to regulate our behaviour. However, legal Evaluate and create so they may work together in a cooperative manner. rules are made by official law-making bodies – such as 7 Divide into small groups or pairs and prepare Any member who breaks a rule may incur a penalty parliaments, local councils and the courts – and apply a short role-play that illustrates the difference imposed by the group. For example, a sporting club to all members of society. Laws are also enforced by the between non-legal rules and laws. Record or might suspend those who miss a training session from police and courts and any individual that breaks a law perform your role-play before the class and have participating in a scheduled game. may receive a punishment (referred to in legal terms as your classmates identify the different non-legal a sanction). These are imposed by the courts, and may Source 4 Laws are made to protect specific groups within our rules and laws. include paying a fine, or, for a serious breach, spending community, including consumers, children and those at risk of a period of time in prison. being cyber-bullied. 472 oxford big ideas humanities and social sciences 9 western australian curriculum chapter 16 australia’s legal system 473 16A What key principles support Australia’s legal system? The role of courts in law-making 16.2 How laws are made Judges in higher courts, such as the state Supreme Courts and the High Court of Australia, can also make laws on occasion. In simple terms, sometimes when a judge makes a decision to resolve a dispute, the In Australia, laws can be made by a number of different reasoning behind their decision creates a legal principle bodies or organisations. For example, Commonwealth, or law that must be followed by judges in other courts state and territory parliaments can make laws, as well as when a similar case arises. Law made by judges is other bodies such as local councils and court judges. known as common law, which will be examined in more detail later. The role of parliament in In Australia, all people and organisations – including law-making those who make and enforce the laws, such as members of the parliaments, judges, and the police forces – must Most laws in Australia are made by parliaments. obey the law. Indeed, one of the key features of the A parliament is a group of people elected by the Australian legal system is that it is based on the rule majority of society to make laws on their behalf. Laws of law meaning that our laws apply equally to all made by parliament are referred to as legislation, individuals and organisations throughout Australia statutes, or Acts. In Australia we have two levels of and must be upheld by all. The rule of law also means parliament – Commonwealth and state/territory. The that the law can only be enforced and altered by those Commonwealth Parliament, located in Canberra, makes with the legal authority to do so. In Australia, the laws that apply to the whole of Australia, while each Commonwealth, state and territory parliaments, and state and territory also has its own elected parliament to courts have the main power to make and enforce make laws for that specific state or territory. the law. Source 3 Judges in higher courts may, on occasion, make laws. Source 2 Local councils have the power to make laws in areas such as waste disposal and recycling.
Load more

Recommended publications
  • From Mabo to Yorta Yorta: Native Title Law in Australia
    Washington University Journal of Law & Policy Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples January 2005 From Mabo to Yorta Yorta: Native Title Law in Australia Lisa Strelein Australian Institute of Aboriginal and Torres Strait Islander Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Indian and Aboriginal Law Commons Recommended Citation Lisa Strelein, From Mabo to Yorta Yorta: Native Title Law in Australia, 19 WASH. U. J. L. & POL’Y 225 (2005), https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/14 This Rights of Indigenous Peoples - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. From Mabo to Yorta Yorta: Native Title Law in Australia Dr. Lisa Strelein* INTRODUCTION In more than a decade since Mabo v. Queensland II’s1 recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward2 and Yorta Yorta3 in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Article briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources.
    [Show full text]
  • The Australian Legal System Contact Points Where Law Comes from Libraries Griffith University
    The Australian Legal System Contact Points Where Law Comes From Libraries Griffith University https://www.griffith.edu.au/library Queensland University of Technology Law Library https://www.qut.edu.au/law/about/qut–law–library Supreme Court Library http://www.sclqld.org.au/ University of Queensland Walter Harrison Law Library https://web.library.uq.edu.au/locations-hours/law-library-walter-harrison-library James Cook University University Library https://www.jcu.edu.au/library © 2016 Caxton Legal Centre Inc. queenslandlawhandbook.org.au 1 The Court System Commonwealth Administrative Appeals Tribunal http://www.aat.gov.au/ Family Court of Australia http://www.familycourt.gov.au//wps/wcm/connect/fcoaweb/home Federal Court of Australia http://www.fedcourt.gov.au/ Federal Circuit Court of Australia http://www.federalcircuitcourt.gov.au//wps/wcm/connect/fccweb/home High Court of Australia http://www.hcourt.gov.au/ Queensland All Queensland state courts are listed on the Queensland courts website. http://www.courts.qld.gov.au/courts Department of Justice and Attorney-General http://www.justice.qld.gov.au/ Queensland Civil and Administrative Tribunal http://www.qcat.qld.gov.au/ Self-representation Court Network http://www.courtnetwork.com.au/Whatcouldwedoforyou.aspx QPILCH Self Representation Service www.qpilch.org.au Self-Represented Litigants Service (SRLS) http://www.courts.qld.gov.au/representing-yourself-in-court/advice-and-support Mediation services Australian Commercial Disputes Centre https://disputescentre.com.au/ Relationships Australia Queensland http://www.raq.org.au Dispute Resolution Centres https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/setting-disputes-out-of- court/dispute-resolution-centres/ Legal Aid Queensland http://www.legalaid.qld.gov.au © 2016 Caxton Legal Centre Inc.
    [Show full text]
  • 12. Breach of Confidence Actions for Misuse of Private Information
    12. Breach of confidence actions for misuse of private information Contents Summary 179 The likely future development of the action for breach of confidence 180 Damages for emotional distress in action for breach of confidence 181 Injunctions, privacy and the public interest 185 Injunctions in defamation and breach of confidence 188 Injunctions to restrain disclosure of private information 190 Summary 12.1 This chapter makes two proposals dealing with existing protections of privacy at common law and with a view to the likely development of the common law if a statutory cause of action is not enacted.1 12.2 In addition to and separate from the detailed legal design of a statutory cause of action for serious invasion of privacy, the Terms of Reference require the ALRC to make recommendations as to other legal remedies to redress serious invasions of privacy and as to innovative ways in which the law may reduce serious invasions of privacy. 12.3 The Terms of Reference also direct the ALRC to make recommendations as to the necessity of balancing the value of privacy with other fundamental values including freedom of expression and open justice. 12.4 The first proposal is intended to redress uncertainty in the community as to whether Australian law provides a remedy for emotional distress suffered as a result of a breach of privacy which takes the form of the disclosure or misuse of private 1 In this chapter, the ALRC does not consider the possible development at common law of a new or separate tort for harassment or intrusion into seclusion, because it considers that, in the absence of a statutory cause of action for serious invasion of privacy, a statutory action for protection against harassment is the more appropriate way for the law to be developed: see Ch 14.
    [Show full text]
  • Australian Guide to Legal Citation, Third Edition
    AUSTRALIAN GUIDE TO LEGAL AUSTRALIAN CITATION AUST GUIDE TO LEGAL CITA AUSTRALIAN GUIDE TO TO LEGAL CITATION AUSTRALIAN GUIDE TO LEGALA CITUSTRATION ALIAN Third Edition GUIDE TO LEGAL CITATION AGLC3 - Front Cover 4 (MJ) - CS4.indd 1 21/04/2010 12:32:24 PM AUSTRALIAN GUIDE TO LEGAL CITATION Third Edition Melbourne University Law Review Association Inc in collaboration with Melbourne Journal of International Law Inc Melbourne 2010 Published and distributed by the Melbourne University Law Review Association Inc in collaboration with the Melbourne Journal of International Law Inc National Library of Australia Cataloguing-in-Publication entry Australian guide to legal citation / Melbourne University Law Review Association Inc., Melbourne Journal of International Law Inc. 3rd ed. ISBN 9780646527390 (pbk.). Bibliography. Includes index. Citation of legal authorities - Australia - Handbooks, manuals, etc. Melbourne University Law Review Association Melbourne Journal of International Law 808.06634 First edition 1998 Second edition 2002 Third edition 2010 Reprinted 2010, 2011 (with minor corrections), 2012 (with minor corrections) Published by: Melbourne University Law Review Association Inc Reg No A0017345F · ABN 21 447 204 764 Melbourne University Law Review Telephone: (+61 3) 8344 6593 Melbourne Law School Facsimile: (+61 3) 9347 8087 The University of Melbourne Email: <[email protected]> Victoria 3010 Australia Internet: <http://www.law.unimelb.edu.au/mulr> Melbourne Journal of International Law Inc Reg No A0046334D · ABN 86 930 725 641 Melbourne Journal of International Law Telephone: (+61 3) 8344 7913 Melbourne Law School Facsimile: (+61 3) 8344 9774 The University of Melbourne Email: <[email protected]> Victoria 3010 Australia Internet: <http://www.law.unimelb.edu.au/mjil> © 2010 Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc.
    [Show full text]
  • Australian Law Reform Commission the Judicial Power of The
    Australian Law Reform Commission Discussion Paper 64 The judicial power of the Commonwealth A review of the Judiciary Act 1903 and related legislation You are invited to make a submission or comment on this Discussion Paper DP 64 December 2000 How to make comments or submissions You are invited to make comments or submissions on the issues raised in this Paper, which should be sent to The Secretary Australian Law Reform Commission Level 10, 131 York Street SYDNEY NSW 2000 (GPO Box 3708 SYDNEY NSW 1044) Phone: (02) 9284 6333 TTY: (02) 9284 6379 Fax: (02) 9284 6363 E-mail: [email protected] ALRC homepage: http://www.alrc.gov.au Closing date: 16 March 2001 It would be helpful if comments addressed specific issues or paragraphs in the Paper. Confidentiality Unless a submission is marked confidential, it will be made available to any person or organisation on request. If you want your submission, or any part of it, to be treated as confidential, please indicate this clearly. A request for access to a submission marked ‘confidential’ will be determined in accordance with the Freedom of Information Act 1982 (Cth). The Commission will include in its final report on this project a list of submissions received in response to this Paper. It may also refer to those submissions in the text of the report and other Commission publications. It may decide to publish them. If you do not want your submission or any part of it to be used in any one of these ways please indicate this clearly. © Commonwealth of Australia 2000 This work is copyright.
    [Show full text]
  • Queensland Community Legal Centres Use of Technology
    Queensland community legal centres’ use of technology Literature review and discussion paper August 2014 Queensland Association of Independent Legal Services ( QAILS ) is the peak body for community legal centres in Queensland and its vision is for a fair and just Queensland. To achieve this, QAILS supports and develops community legal centres to provide effective, high quality services to their communities, and leads to unite its members and be a leading voice for social justice. This project was supported by pro bono research provided by Cover image "Talking" by Anders Adermark . Available at https://www.flickr.com/photos/cmbellman/3173125237/ under a Creative Commons Attribution 2.0. Full terms at http://creativecommons.org/licenses/by/2.0 . Contents Executive Summary ....................................................................................................................................4 Part 1 - General Principles: The Use of Technology by Community Legal Centres.............................8 1 Introduction .....................................................................................................................................8 2 Telephone ........................................................................................................................................8 2.1 Access .................................................................................................................................8 2.2 Efficacy ................................................................................................................................9
    [Show full text]
  • Justice Melissa Perry
    Melissa Perry* THE LAW, EQUALITY AND INCLUSIVENESS IN A CULTURALLY AND LINGUISTICALLY DIVERSE SOCIETY I INTRODUCTION mong the many contributions made to Australian legal scholarship of its first 39 volumes, the Adelaide Law Review has highlighted issues facing Aculturally diverse groups in the community in a series of important contribu­ tions analysing Indigenous Australians’ experience of the legal system in relation to customary law1 and criminal justice,2 and in legal education.3 This article draws on these contributions and extends the discussion to the relation ship between cultural diversity in Australia and aspects of the law. Given the importance of embracing and benefiting from the cultural diversity that defines Australian society, it will no doubt be important for the Review in future volumes to consider this issue. Part II briefly outlines the ubiquity and significance of cultural diversity in Australia. Part III identifies key barriers to accessing justice in our culturally and linguistic­ ally diverse society, focussing upon the challenge that linguistic diversity poses to effective participation in the justice system, including the Judicial Council on Cultural Diversity’s guidelines on working with interpreters in courts and tribunals. Part IV discusses the role of Australia’s anti­discrimination law. Finally, Part V considers cultural diversity within the legal profession and the courts, and the proactive steps required to address discrimination and inequality more broadly. * Justice of the Federal Court of Australia; LLB (Hons) (Adel); LLM, PhD (Cantab); FAAL. This article draws on a number of presentations by the author including ‘Challenges for Justice in a Culturally and Linguistically Diverse Society’ (Speech, Anglo­Australasian Lawyers Association, Sydney, 15 March 2017) and ‘Shattering Glass Ceilings: Benefiting from Diversity’ (Speech, Cambridge Society of NSW, Sydney, 2 September 2015).
    [Show full text]
  • The Future of Australian Personal Injury Compensation
    Justice, Janus-like: The future of Australian personal injury compensation ELEANOR WALLIS1 Abstract ‘Justice, Janus-like’ is a comparative assessment of the ability of the negligence system and the pure no-fault system to provide ethical, fair and adequate compensation to victims of personal accident in Australia. This paper arose from a concern that neither of these schemes fully satisfies the needs of victims and society. The comparative assessment focuses on three key goals of personal injury compensation schemes: adequate and quick compensation, deterrence potential, and the ability to achieve social justice. By evaluating the tort of negligence and a pure no-fault compensation scheme against these criteria, this essay found each system is fundamentally flawed. As such, this paper proposes that the fairest, most effective and socially useful mechanism to compensate victims of personal injury is through the implementation of a hybrid system: the tort of public liability. This alternative is capable of achieving all the key goals of personal injury compensation, while at the same time avoiding the challenges faced by both the negligence and no-fault systems. Australia is quickly moving into the future of personal injury compensation, with more jurisdictions considering the implementation of full no-fault schemes. This paper demonstrates that this approach is imperfect and, as such, an alternative scheme, such as the public liability tort, must be considered. As we move into the future, we must seriously consider the shortcomings of our current legal system, and find a way of compensating victims that achieves all three aims of compensation: deterrence, ethical justice and fair compensation.
    [Show full text]
  • Access to Justice & Legal Needs
    Access to Justice & Legal Needs A project to identify legal needs, pathways and barriers for disadvantaged people in NSW Background Paper Louis Schetzer, Joanna Mullins, Roberto Buonamano August 2002 ISBN 0 909 136 82 3 © Law & Justice Foundation of New South Wales August 2001 Published by the Law & Justice Foundation of New South Wales on behalf of the Justice Research Centre Any opinions expresses in this publication are the authors’ and do not necessarily reflect the views of the Law & Justice Foundation’s Board of Governors or the Justice Research Centre’s Advisory Board. This publication is copyright. It may be reproduced in part or in whole for educational purposes as long as proper credit is given to the Justice Research Centre and its contributors. Contents Introduction 1 Terms of reference 2 Project Aim 2 Objectives 2 Project Outline 3 Output and Outcomes 4 Understanding access to justice and legal needs 5 Legal Need 5 Access to Justice 6 Obtaining Legal Assistance 8 Effective participation in the legal system through access to courts, tribunals and alternative dispute resolution 10 Obtaining assistance from non-legal advocacy and support 11 Participation in law reform 13 Social and economic disadvantage 15 Overview of disadvantage 15 Avoiding stereotypes 16 Social disadvantage 17 Disability 17 Cultural and linguistic diversity 24 Indigenous Australians 28 Age 30 Geographic disadvantage 36 Education 38 Sexual orientation 41 Women 42 People living in institutions 45 Economic disadvantage 49 Overview 49 Who are the economically
    [Show full text]
  • The Australian Legal System: the Legal Profession and the Judiciary / Akpet
    THE AUSTR ALIAN LEGAL SYSTEM: THE LEGAL PROFESSION AND THE JUDICIARY Koli Ori AKPET* * American University in Cyprus (GAU), Faculty of Law. THE AUSTRALIAN LEGAL SYSTEM: THE LEGAL PROFESSION AND THE JUDICIARY / AKPET ABSTRACT Australia’s Legal System is quite complicated and difficult to explain and the fact that Australia operates a federal system of government does not help matters, but for better explanation and understanding, one has to look to the legal profession and the judiciary that make up Australia’s legal system as a whole hence, the topic of this term paper. Australias legal profession is split into two classes or branches: the Barristers and the Solicitors. The Barristers tend to have a more specialised knowledge of the law while the Solicitors deal more generally with the law. When the legal profession is given a closer look, one would find out that the distinction between the two professions is more in theory than in practice. The Judiciary of Australia is made up of the Judges and the Courts. Both judges and the courts could be classified in form of hierarchy and their duties differ based on the state or territory they are in due to the presence of a Federal System of Government but despite the fact that each state has its own parliament and courts, the federal laws are supreme and the decisions of the highest court, The High Court of Australia, are indisputable. A close study of the legal system of Australia could bring to mind such questions as, what are the distinctions between the two branches of the legal profession? Is the judiciary independent from the other arm of government? and many other questions of this sort.
    [Show full text]
  • Torts: Legal Wrongs and the Rule of Law Torts Are an Important Aspect of Private Or Civil Law in the Australian Legal System
    Torts: Legal Wrongs and the Rule of Law Torts are an important aspect of private or civil law in the Australian legal system. They allow a legal case to be argued where an individual can seek damages or a court order if they have been wronged. The rule of law supports the idea of fairness, equality and access to justice; therefore, torts play an essential role in ensuring that individuals can apply to a court to hold others accountable for their actions. What is a tort? Duty of A tort is a ______________. It is a situation where one person is care! harmed by another and this harms gives rise to the right to ______________. There are many different types of torts, they include ______________, ______________, ______________ and ______________. The Australian government has considered implementing a statutory tort of ______________ which would allow you to sue if someone breached your privacy. What scenario could lead to a tort? Glossary A basic situation that could lead to a Tort – French word for wrong. ______________ would be a where Statutory tort – a tort created by a law passed by parliament. Tort at common law – a tort first identified by judges when excavations were taking place on a hearing a case. These torts develop in common law over time and parliament may pass a statute to clarify their meaning and footpath. If the excavators left a hole they use in court. were digging uncovered and a pedestrian Liable/liability – being responsible under law to carry out certain actions. fell down the hole and broke their leg the Damages/compensation – money awarded by a court to the pedestrian could ______________ the plaintiff (wronged party) to compensate for the wrong.
    [Show full text]
  • 13. Breach of Confidence Actions for Misuse of Private Information
    13. Breach of Confidence Actions for Misuse of Private Information Contents Summary 263 The likely future development of the action for breach of confidence 264 Compensation for emotional distress 265 Remedies for breach of confidence 266 Emotional distress: a common result of misuse of private information 268 Why the law needs clarification 269 Stakeholder views 270 The case for compensation for emotional distress 272 Public interest and injunction applications 273 Summary 13.1 In addition to the detailed legal design of a statutory cause of action for serious invasion of privacy, the Terms of Reference require the ALRC to make recommendations as to other legal remedies to redress serious invasions of privacy and as to innovative ways in which the law may reduce serious invasions of privacy. 13.2 In the event that the statutory cause of action is not enacted, the ALRC recommends that courts be empowered by legislation to award compensation for emotional distress in cases involving disclosure of private information.1 13.3 The recommendation aims, first, to address existing uncertainty as to whether Australian law provides a remedy for emotional distress suffered as a result of the 1 With regard to intrusion into seclusion, the other type of invasion included in the statutory tort, the ALRC considers that if a statutory cause of action for serious invasion of privacy is not enacted, a statutory action for protection against harassment would be a more targeted or limited way for the law to be developed: this is discussed in Ch 15. Ch 3 considers the possibility of the common law developing a tort of harassment or a tort of invasion of privacy by intrusion into seclusion.
    [Show full text]