Where Does Australian Building Law Come From - Coursework Example

Author’s Name] [Professor’s Name] [Course Title] [Date] Australian Building Law Introduction If we analyze then we come to know that where does Australian Building law come from? This essay looks at how Australian law created. Moreover, the past as well as the present is discover which provides an insight into the pecking order of laws inside Australia specifically the Commonwealth law, the individual State laws in addition to common law. Moreover, the last part of the essay give details the dissimilarity among two common categorization of laws; civil and criminal law. Case Scenario: “My Building Dispute“ I will briefly describe my building dispute which resolved in the Federal, State Court System and including Community Justice Centres and including Legal Aid. I will report my visiting (for hearing) at the Downing Centre Local Court and seeking the information about summons or attendance notice by speaking one of the court officers. I will present some nature of the matters as my building dispute case in court proceeding. I also provide a concise comments and soico-legal intervention from my personal point of view in this dispute. Courts And The Relevant Jurisdiction For My Dispute Courts are various in Australia; I will briefly describe Federal and State Court System where I gone to attend my case hearings. The High Court is the maximum court in the Australian legal system. The seat of the High Court is in Parliamentary Triangle, Canberra. During this case it has come to my notice that the functions of the High Court are to understand as well as apply the law of Australia; to choose cases of special leave from Federal, State plus Territory courts. Including confrontations to the constitutional soundness of the laws plus to hear appeals. In adding, there are offices of the High Court Registry in Sydney, employees by offices of the High Court. There are three heights in the wide-ranging court pecking order in New South Wales. It is the Supreme Court, District Courts plus Local Courts. The uppermost court in the State is Supreme Court of the NSW. It has limitless civil authority and handles the mainly grave criminal matters. No doubt, the Court of Appeal in addition to Court of Criminal Appeal hear appeals from decision made in most of the Courts of NSW and from choice made by a single judge of Supreme Court. The Building Law option, acquisition through the privatization of local government stock, has also been problematic. Officially, acquisition of a privatized Building Law unit is restricted to Russian citizens, thereby excluding refugees, but even forced migrants have faced serious impediments as priority is given to those households that have been on local government waiting lists the longest: official estimates put this figure at 10 million and many have been registered for upwards of thity years (Kosareva 1993, Morton 1987). Forced migrants who have only recently registered with the local government, therefore, are placed at a disadvantage compared with the indigenous population (Higgins, E, Fisher, R 2005). If we analyze then we come to know that the building law in use in Australia is typically based on the building law of England. Australia was established by the British in 1788. Proceeding to those Aborigines occupied Australia and had their own system of usual laws. Moreover, the indigenous system of laws were unnoticed by settlers and as stated by Turner (2005, p. 24) 'the new country was regard for sensible purposes as being vacant (that is, terra nullius), devoid of its own settled population or settled building law'. As an alternative, the building law of England was put in its place. Consequently, the settlers did not be familiar with any indigenous rights and customs. It was not till lately that the building law documented that there was a form of inhabitant title: Mabo v Queensland (No 2) (1992) 175 CLR 1. In short, the choice made was that native people have rights to ground under the Australian law, rights that existed previous to immigration till present. The inhabitant Title Act 1993 was the result of this decision. This did not, however, alter Australia's classification as a settled colony in its place of a conquered one (Killion, F, Hills, J, Limpus, R 2006). As outline by Turner (2005, p.25), the colony had at first been a penal colony under the rule of consecutive Governors. In 1823, with add to in the number of free settlers, the British Parliament made stipulation for the start of formal English law in the colony. According to the expert analysis in 1828, the Australian Courts Act was passed by the British parliament. Moreover, this made all laws inside England appropriate to all colonies. Furthermore, the colonies united in 1901 to form the alliance of Australia. Moreover, the six colonies turn into the six unique States. In 1931, the decree of Westminster was passed by the British Parliament. Moreover, this statute surrendered the power of the British parliament to legislate for Australia. Commonwealth assembly was now able to legislate exterior of the Imperial Acts. Furthermore, this was not practical to State Parliaments until the Australia Acts 1986 revoke colonial laws in addition to consequently removed earlier limits on State Parliaments. My court Details: My court is community Justice Centres resolves disputes through mediation, free of charge to members of the public. There are six centres through the State, as long as an informal and unbiased dispute decree service to all sections of the community and Government agencies. The kinds of matters deal with by community Justices together with family or building disputes and youth conflict, place of work grievances, neighborhood and society disputes. The Legal Aid Commission of NSW provides free legal advice to anyone on most matters. If someone has to go to Local Court, a duty lawyer will represent the person if he/she is eligible for legal aid. To contact legal Aid to make an appointment or call LawAccess asking for further information. (Law link website) Attending a half-day court visit I attended the Downing Centre Local Court one of the Friday mornings with lawyer other social work students. The Local Court is situated at 123 street Liverpool Street, Sydney. It deals with a range of matters including criminal charges, traffic matters, general applications, civil claims, apprehended violence application and family law. Level 4 of Downing Centre hear to criminal and general cases and level 5 hear to civil claims only. After passing security check up, I entered the building. A list indicating these matters and all other matters was displayed in the ground floor foyer. It was very hard to understand the means of those names and shorthand. Finally, I found the cases' number and courtrooms, which I interested in it. A lady who owned my housw at Information Desk advised us go to visit level 4 and than level 5. Our Building Dispute Violence Applications and Building Law matters are listed on Wednesdays, there are some supports neighbors will be working with women in a special room very Wednesdays. There are clear notices on that door. I was fortunate to be able to speak with one of the court offices about how to answer the summons or attendance notice between the Court break. He pointed out that the court attendance notice requires “you to be present at Court to reply a charge that you have dedicated an offence against the law. If you do nothing, the court case may be heard devoid of you or warrant may be question for your arrest". He informs me that what means by saying "blameworthy or not guilty". To do this, “you can go to the Court on the daylight on your own or with your solicitor or you can tell the Court your appeal in writing. The finished Written Notice of Pleading must be received by the Court at least 5 days before the court trial date written on the presence notice." He was continuing to give details that for me as subsequent: "If you plead guilty, the police details sheet will be read to the court. Moreover, the Magistrate may also statements from any observer, your handwritten statement or record of meeting and copy of your illegal record if you have one. No doubt, your lawyer will give a clarification concerning how and why the offence happened and a few information regarding your current monetary situation, personal circumstances and all-purpose character. The Magistrate will then believe the punishment. No doubt, penalties can be a variety of, range from removal from office without confidence through to conviction by means of a fine, good behavior bond, group of people service order, episodic custody, home detention or full time objective. Once the Magistrate has determined on the punishment in you case, make sure you appreciate what it is. If you don't have a lawyer, ask the Magistrate or court employees to give details it for you. If you take delivery of a fine, there will be pay in 28 days. If you cannot pay inside the set time, go and speak to the court employees before you go. Before you go away the court, find out whether you have to sign any documents such as a high-quality behaviour bond, group of people service order and so on and do this before you leave." certainly, he said "On the day, if you tell the Magistrate that you are insistent not culpable, you case will be given a date for hearing. more often than not is 4 weeks from first hearing." Present the nature of the matters being dealt with and positions role of those involved with the presentation of evidence during the proceedings The layout and rules within the court portrayed strict hierarchical order. When I was walking in or out of the courtroom I must bow to the Magistrate, and address him or her as 'your Honour' or 'your Worship'. Layers sit in front of their respective clients, and he/she is able to address the Magistrate. Court Reporter operates the recorder and records the proceeding for court files and Court Office calls people into court by their name and cases' numbers. The police prosecutor represents the police in criminal matters. Witnesses will give their version of the events, which caused the case to be brought to court. Most cases heard in the Local Court are open to the public; I sit in the public seat. Hearing 1 Miss Richard (Owner), she is about fifty years old and charge me of building use without rent property such as nonpaying the money while living at her house, she plant cameras in her house window and noticing visit of other people arrival from her places or home. She lives on selling the goods which from stolen others. She came from a broken family had custody, also had a drug abuse when she was 13. she claim for huge money in the name of rent. Her lawyer omitted her employment history and welfare state. Provided a brief analysis of all happening in relation to probable soico- legal intervention At the same time there was another hearing of a gal who was the first offender, she pleaded guilty. She was crying, shivering at court hearing and seemed she would like to have some change in her life. However, she knew how hard to break the bad life chain. She looked her male friend (may be a boyfriend) when she replied questions that the Magistrate asked her most of the time. My impression of that kind of the body language means she is seeking help and really need shelter. To doing this, her may be having a limitation to seek helping resources. At he same time I thought that If I am a social worker with this client, I will look at her personal attachment and investigate relevant events around facts. In this point, I may explore further possibilities that could be arranged by utilising family resources. For instance, her mother or her sister they may give an emotional support and a place for her to live, that will be a high-quality occasion to leave her pervious environment to change her behaviour. Further support can be found through community resources, like youth support group, community health centre, and establish a service plan for her 6-month community service order. I will highly recommend she should have exercised case manager, especially in 6-month community service order. Hearing 2 The 3rd day of this case was having another sequence for me Mr. Yark is aged man charge myself and my 3 friends that we are not paying rent since for one yeas. This time he was changed for nonpaying rent of house but at that time we didn’t hired this home. He had claim $1000 for compensation from community service order just finished 3 weeks ago. His lawyer said he diagnosed a challenging behaviour. 3rd Hearing and Decision Mr.Yark is a offender; his lawyer did not mention any information about how he went through his pervious penalty such as 'good behaviour bond'. In hearing, he tried to leave the courtroom more one time and court office has to bring him back. At foyer during break time, I saw he was no responded when his lawyer talking to him about his case, and his lawyer had to hold him down. He just wanted to leave. (The court did not close yet). He seems having a problem to understand the court procedure in some degrees. I am amazed how he put charges against us with the help her land lady. I found this man is ill. The questions cross my mend quickly, "Is there any social worker intervention after he got first penalty? What kind of the health condition dose this young man has now? Dose he have any review after he diagnosed as a challenging behaviour scenic he was 12? Who he lives with?" Anyhow judge review the case and referral him to visit a mental clinic and to see a group of specialist such as psychiatrist, pathology and dietician. After I do some investigate, I will work with other health professional make a service plan for Mr. Yark. It is approaches that considers the whole person, looks at the person's environment and lifestyle, and find what kind support needs in order to reach his potential and life goals, reduce the risk to community. Moreover, after review our agreement he spare our selves. Helping Ground of Australia Indigenous Population change and the Building Law challenge What do these changes mean in terms of Building Law need, demand and access? There are different challenges from one region to another and there is no single problem to be addressed (Killion, F, Hills, J, Limpus, R 2006). Growth brings with it demand pressure but this pressure has not been judged as significantly high outside the Paris region: the supply of Building Law in the countryside usually matches demand and average Building Law costs are typically low. However, even 'typically low' costs can be too high for certain categories of household: and there is evidence that younger people do experience difficulty in securing homes of the right type and cost. It is also the case that low population densities in some areas result in poor residential, employment and service opportunities. Remoteness and the weakness of local job markets are key problems facing many households, particularly those who need to work and need to travel. For these reasons, the countryside is often portrayed as a focus of social exclusion. This is certainly true for indigenous younger people who seek work and homes in their community of birth. But public policy has also focused on what can be done to assist new types of households moving to rural areas with a wide variety of needs and expectations. It is not only wealthy people who move to the countryside but also the socially disadvantaged who seek a higher quality of life away from cities. The availability of relatively cheap Building Law allows them to make this move: but once installed in new communities, the types of services required in these communities may alter dramatically. The Building Law option, acquisition through the privatization of local government stock, has also been problematic. Officially, acquisition of a privatized Building Law unit is restricted to Russian citizens, thereby excluding refugees, but even forced migrants have faced serious impediments as priority is given to those households that have been on local government waiting lists the longest: official estimates put this figure at 10 million and many have been registered for upwards of thity years (Kosareva 1993, Morton 1987). Forced migrants who have only recently registered with the local government, therefore, are placed at a disadvantage compared with the indigenous population (Higgins, E, Fisher, R 2005). My feelings about Autralian Law In Australia the human services industry provides a complex network of services that extends to cover clinical and community based services with government and private resources. These services include, but not limited to, physical and mental health services, family and children's services, youth services, services to the aged, persons with disabilities and carers, housing and supported accommodation, emergency financial relief, and other services targeted at disadvantaged or vulnerable populations. No doubt, the Australian Constitution is the consequence of the colonies' wish for a better prospect for all Australians. Though the Constitution is not completely perfect, for instance, there is no statement of Individuals' rights in addition to freedoms. Moreover, forums and conventions for planned changes to the Constitution are a continuing procedure but hopefully if amendments to the Constitution do get result in the future; it will only make stronger the feasibility of Australian laws. If we analyze to their sources and all you discover is a tiny spring, barely familiar; as time goes by it swells then we come to know that as the French Renaissance Scholar, Michel de Montaigne once said, 'Laws gain their power from actual possession and tradition: it is dangerous to go back to their origins; laws, like our rivers, get better and nobler as they roll along: follow them back upstream by means of pride and grows in strength' (Bates, F, Blackwood, J, Boersig, J, 2006). Conclusion In my research report, I demonstrated the Australia legal systems and there are three levels of jurisdiction in the New South Wales. As a victim of case and shows that how it may involve legal aid or family support and deal with court scheduled in many ways. I believe that Social worker be supposed to be watchful all proceeding in relative of soico-legal interference. It is social worker's role to offer a quality of the service, recognize the legal issues of your clients and support people in parity. A social worker can also offer support by simplifying the language and events of the court context. It is a big challenge for social worker practices in socio-legal region. Work cited Ageing Disability Department (1997), The Positive Approach to Challenging Behaviour, Sydney, NSW Bartley, R. (2000), A guide to the Local Court, 5th ed. Redfern Legal Centre, Redfern Swain, P. (ED) (2000) In the Shadow of the Law- Legal Context of Social Work Practice, Second Edition Federation Press; Annandale Thompson J, (1989), Social Worker and Law: A practical guide to court and report, Redfern Legal Centre, Redfern Website Reference Going to court: a handy guide to the Local Court for defendants, Jason Nichols, The human toll of legal aid cuts in Australia, High Court of Australia, About the Supreme Court of New South Wales, 2003 About the Local Courts of New South Wales, 2003 About the District Court of New South Wales, 2003 Read More