Daniel is an American citizen who is on holiday in Sydney - HSC - SSCE Legal Studies - Question 13 - 2006 - Paper 1
Question 13
Daniel is an American citizen who is on holiday in Sydney. While shopping, he was refused entry into a store because of the colour of his skin. As a result, Daniel h... show full transcript
Worked Solution & Example Answer:Daniel is an American citizen who is on holiday in Sydney - HSC - SSCE Legal Studies - Question 13 - 2006 - Paper 1
Step 1
Identify the available options
96%
114 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
The options provided are:
(A) The Australian courts
(B) The Anti-Discrimination Board (NSW)
(C) The Bill of Rights of the United States of America
(D) The Human Rights and Equal Opportunity Commission (Cth)
Given that this situation occurs in Australia, it's essential to look at the applicability of each option in the Australian legal context.
Step 2
Evaluate option A: The Australian courts
99%
104 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
The Australian courts are responsible for interpreting and enforcing laws, including laws related to discrimination. They can provide legal recourse for Daniel regarding his human rights.
Step 3
Evaluate option B: The Anti-Discrimination Board (NSW)
96%
101 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
The Anti-Discrimination Board (NSW) specifically addresses issues related to discrimination in New South Wales, including racial discrimination, making it highly relevant to Daniel's situation.
Step 4
Evaluate option C: The Bill of Rights of the United States of America
98%
120 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
The Bill of Rights pertains to the U.S. Constitution and would not apply in Australia. Therefore, it is not useful for Daniel in this scenario.
Step 5
Evaluate option D: The Human Rights and Equal Opportunity Commission (Cth)
97%
117 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
The Human Rights and Equal Opportunity Commission in Australia deals with issues of human rights, but it is not a judicial body that can enforce rights directly. It can investigate, but enforcing rights typically requires court intervention.
Step 6
Conclusion
97%
121 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
Among the options, the most direct means for enforcing Daniel's human rights in Australia would be through the Anti-Discrimination Board (NSW), as it focuses specifically on discrimination cases within the jurisdiction where Daniel faced the incident. Therefore, the best answer is (B).
