Business Law - Media report Analysis - Assessment Answer

December 08, 2018
Author : Ashley Simons

Solution Code: 1AACF

Question:Business Law

This assignment is related to ”Business Law” and experts atMy Assignment Services AUsuccessfully delivered HD quality work within the given deadline.

Marketing Case Study Assignment

Assignment Task

1 . Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.

Students should refer to the areas of law listed in the Topic 1 lecture presentation. Not all the listed areas of law will be relevant, but each media report involves at least two areas of law.

2 . The law serves a number of different functions. It:

  • Ensures reasonable predictability in daily life;
  • Encourages and discourages certain conduct;
  • Grants rights and powers to individuals and groups of people;
  • Imposes obligations on individuals / organisations to meet their legal responsibility;
  • Allows for the enforcement of recognised rights and duties; and
  • Provides remedies when an injustice has been done.

Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in question 1.

You need only provide one example per point. However, you must discuss all six functions, and where possible, each point should use a different area of law as illustration. Be sure to explain specifically how and why you came to your conclusions.

3 . By reference to the legal issues contained in the chosen media report, explain why it wasimportant for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage?

4 . How do the media influence public perceptions about the law and its administration? How mightpublic pressure impact legislators and judges in establishing the law?

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Solution:

Question 1 - Identification of areas of law which are relevant to the chosen media report:

There are a number of areas present which are evidence of the negligence of the child care centre. The alleged breaches for the case are identified as:

  • Failure to ensure proper supervision of the children in the child care centre and failure to take reasonable precaution to prevent injury or hard to the children.
  • The child care centre did not have adequate number of educators required on the day to care for the children at the setting.
  • The child care centre also failed to ensure that the educators had the required qualifications and cannot be considered as the responsible persons according to the law when the centre was operating.

So, according to the section 121 of the Education and Care Service Act 2013, the child care providers approved by the QEC should ensure that they have the adequate services present to educate and care the children present in the child care centre and all children are sufficiently supervised and the children are always there in the care of the services (McLachlan 2013, 128). According to the section 122 of the Education and Care Services Act 2013, the child care provider should ensure that every possible precaution is taken in order to protect the children being educated at the centre and proper care is being taken for them in order to save them from harm and any type of hazard that might cause injury (Proctor, Laurie, Margaret, Penny 200: No 9). The North Perth child care centre failed to comply with these laws.

As per the section 113 of the Education and Care Service Act 2013, there should be adequate number of educators present in the child care centre for educating the children and the educators should meet the qualification requirements as prescribed by the law but as mentioned in the DLGC report, the North Perth child care centre failed to meet these criteria (Clare, McLeod 2013).

Question 2 - Demonstration of law functions:

Ensures reasonable predictability in daily life:

The best example in this regard is the lack of proper care by the child care centre in North Perth. It is predicted that the children can face danger anytime as proper care is not being taken by the child care centre and as a result, two children have been abducted from the centre,

Encourages and discourages certain conduct:

As per the report, the child care centre failed to fulfil the legal requirements of the adequacy of the educators in the child care centre and the non-fulfilment of the requirements of the educational qualifications of the educators.

Grants rights and powers to individuals and groups of people:

The rights of the children in the child care setting are the best example in this regard. The children staying in the child care centre have the rights to get the best care and education as per the legal requirements but they do not get the appropriate care and education in the child care setting in North Perth.

Imposes obligations and organizations to meet the legal responsibility:

There are a number of areas present in the Education and Care services act 2013 Australia which obligates the North Perth child care centre to meet all the legal responsibilities. If they fail to meet them they can face consequences.

Allows for enforcement of the duties and rights:

The parents of the children are concerned about the safety and security of the children in the child care setting but the child care setting failed to take steps to mitigate the problems.

Provides remedies when an injustice has been done:

The cancellation of license of the child care centre by DLGC is the best example in this regard.

Question 3 – Importance for the relevant parties to know the laws in the circumstances:

In the circumstances, it is important for the parents or families of the victims to know the laws as they must understand that the holiday care facility has liability in this case and its negligence is responsible for the children to have been abducted and abused. Not only did the facility show negligence, but it also had lesser number of staffs than required as per law. On top of this, the staffs present did not have adequate qualification. The authorities were not even aware initially that the children were missing and took a long time to take any action or notify the Police. Thus, the parents or families of the victims can take legal action against the facility and claim damages (Jean, 2013). On the other hand, the representatives of the Department of Local Government and Communities need to be aware of the relevant laws as they need to take legal action against the facility and ensure that it does not get its license back. The strict action taken against this facility can act as an example for other similar facilities. Also, Mr Mule, the person who has been arrested for allegedly having abducted and sexually abused the children, needs to know the laws so as to defend himself and state that he had not abducted the children. This will be highly effective for proving that Mr Mule is not guilty if sexual abuse is not proven. He can use the facility’s negligence as a defence.

Question 4 - Ways in which media influences public perceptions about the law and its administration and how public pressure might impact legislators and judges in establishing the law:

The media has a lot of power in present times. It uses multiple mediums like audio, visuals, social media, internet, etc. to influence how the public sees the law. Media can affect the minds of the people by hammering them with the same information over and over again. For example, if media wants to establish that the law has been unfair in a scenario and a person or family has been victimized, it can show interviews, videos, photos, etc. repeatedly in TV, in newspapers, etc. to generate public sympathy for the victim (Mc Lintock, 2013). It can generate a negative image of the law in question. In turn, public pressure in the form of protests, applications, etc. can create pressure on the legislators and judges to change the law or initiate a new law. For example, after years of public pressure highlighted and supported by the media, the Marriage Equality (Same Sex) Act 2013 was introduced in Australia to legalize same sex marriages (Curtis, 2013).

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