Ways in which our legal system aims to treat people equally and without discrimination include: • the presence of an independent decision-maker • the rules related to evidence and procedure • using interpreters so that a person who needs assistance in understanding English, or has a hearing and/or speech impairment, can be involved in their case • providing legal aid so that people who cannot afford a lawyer can get one. Fairness and equality are similar. What makes a system fair often helps it be equal, too. For example, think about equality and fairness in school rules in relation to school uniform: • Equality — students who are not in the correct uniform are given a detention (the same rule for all). • Fairness — students who have a valid note will be given a uniform pass and will not receive a detention (making an adjustment using a consistent process). This approach to fairness is also known as ‘equity’. Sometimes the legal system treats people differently so that justice is served, like offering legal aid (see FIGURE3 ).
SkillBuilder discussion Investigating contemporary Civics and Citizenship issues 1. Look at FIGURE3 .What is the difference between equity and equality? 2. How does equity ensure fairness? 3. Why is equality important in society?
FIGURE3 Fairness means we must make sure that we ‘level the playing ýeld’ (equity) because simply treating everyone equally might lead to injustice.
Access Access means that all people should be able to make use of the legal system when they need to. Everyone should understand what their rights are and how to get legal advice. Legal aid services can help with this. It also means you can pursue your case, whether in court or in other ways. Ways in which our legal system provides for access include: • a court hierarchy, where people can access experts who have specialised knowledge in dealing with cases • the right to appeal a decision made by a court if a person is not satisýed with the outcome of their case • different ways to settle disputes other than going to court, such as mediation, conciliation and arbitration. These methods are often quicker and cheaper than taking a case to court.
13.2 SkillBuilder activity EVALUATING, CONCLUDING AND DECISION-MAKING
Case study: When the system is not just Read the information on Rosie Anne Fulton provided in FIGURE4 . You can also complete your own research on Rosie Anne Fulton, as this case allows us to explore issues related to justice, disability rights, and systemic inequality in Australia.
480 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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