The Swimming Stadium - Media Report Analysis

Solution Code: 1ADF Topic 1: Case Study, ‘The Swimming Stadium’, to their chosen Media Report.

Question: Media report analysis

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

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

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.

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?
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:

Answer 1:

The nurse who posed as a cancer doctor and then as a cancer patient was found to be guilty of professional misconduct. The nurse was suspended for five years from practicing her legal profession. There are relevant laws that are used to govern such malpractices. Section 52 of the Commonwealth Constitution states that the Commonwealth Parliament has exclusive powers to regulate over the matters relating to any department in the public sector. The nursing profession is within the public sector. For this reason, the parliament has the authority of deciding what will happen to the nurse found with malpractice within her profession. This law is relevant to the report because the nursing profession is categorized to be within the public sector. Public sector services refer to those that affect the general public. The nurse is responsible for providing healthcare services to all citizens of the country. For this reason, their actions are governed by Section 52 of the Commonwealth Constitution. The Occupational Safety and Health Act 1984 (WA) was developed to protect the health and safety of the citizens of Australia. The nurse had put her life in danger. This puts her liable for punishment under the law. Individuals should not be in a position of putting their lives in danger and those of others. For this reason, she would face the full force of the law. Therefore, the law became relevant in various ways. Despite the fact that the act was performed on herself, she is still a human being and an Australian citizen. The law should apply to protect herself from any acts that may hurt her.

Answer 2:

With the decision made by SAT in the case of the nurse, reasonable predictability was practiced. The nurse was suspended from practice for five years. This move was taken because the nurse would be likely to engage in the same practice again once released. Also, the move would have helped to teach her a lesson on the misconduct she engaged in. Section 52 of the Commonwealth Constitution allows the relevant bodies to make decisions that will uphold the integrity of the body.
Laws are designed to discourage certain behaviours that may not be conducive for themselves or other citizen as well. According to section 52 of the Commonwealth Constitution, the Parliament has the exclusive right to regulate the public sector. The aim of the law is to ensure that the behaviour of impersonation is eliminated.
When laws are created, they give powers to a group of people who are responsible for executing them. For example, the SAT has been given the powers to exercise Section 52 of the Commonwealth Constitution. They displayed, this power when the barred the nurse from practicing her profession for five years. The SAT is the group that has been given the power by this law to practice and regulate people working in this profession.
In a bid to operate within the law, various organizations and groups are given the forced to operate within certain operational lines that have been pre-determined by the legal framework in the country. Practitioners in the nursing profession have been given the obligation to perform their duties through these laws. The SAT has an imposed responsibility of regulating the actions of medical practitioners who work under their jurisdiction. For example, the SAT exercised its imposed responsibility by looking into the case of the nurse with the misconduct. The SAT took action by suspending her practice for the next five years, which is allowed by law. Therefore, the body also has the responsibility of interpreting the law and administering an appropriate judgment.
The law gives groups the power to act by set laws and regulations. For example, the SAT exercised its rights to enforce the law through the actions they took on the nurse. The body interpreted the law and applied it to the case. Citizens within the country have the right to good health and safety. According to the Occupational Safety and Health Act 1984 (WA), every citizen has the right to good health and safety within the boundaries of the country. Therefore, the SAT was tasked with the responsibility of enforcing this law to the nurse. The body recognized its duties and acted by the set rules and regulations. Because of the law, the SAT has the mandate to enforce the law. This had been witnessed when the body banned the nurse from practicing medicine.
By Section 52 of the Commonwealth Constitution, SAT has been mandated with the responsibility of regulation all operations in the public sector. In addition to regulating, the body is also mandated with providing the remedies that are associated with the negative action that was undertaken. For example, the body deregistered the nurse for her conduct. This was a remedy for the injustice that had been done.

Answer 3:

In the media report, the nurse was engaged in medical malpractices. These injustices that were practiced required the use of the law for them to be regulated. In this case, the relevant parties required the law to determine the kind of punishment that would be imposed on the nurse. Without the law, there would have been no guidelines to determine what is just, and what is not. The law provides the relevant parties with all the information they need to determine whether the actions conducted by the nurse are injustice or not. After identification, the law could have been applied to the advantage of the relevant parties in the sense that they will achieve their desired goals and objectives. The body can first study the laws thoroughly to determine all the available flaws in the law and all the clauses that can help them. The SAT used the law to provide a response to the injustice behaviour portrayed by the nurse. Therefore, the nurse was punished for her behaviour. She was deregistered and was banned from practicing medicine for the next five years. In this case, the law acted in the favour of the SAT because they were able to regulate the actions of the nurse through the restriction. Their role is to regulate and ensure that such acts to not take place on their watch. By restricting the actions of the nurse, the SAT was able to regulate the operations of the medical sector and to improve the level of credibility within the service. Through these actions, the SAT used the law to their advantage.

Answer 4:

The media have a role to pray in relaying information about the law to the public. The citizens of Australia use the media to gather any information they might require. For this reason, the media can shape the perceptions of the public on matters regarding the law and its administration. The media have their method of interpreting the law. If they are not experts in the legal profession, there are bound to be some misinterpretations regarding some concepts about laws and their administrations. This information is then relayed to the public in the form of the actual information that is present in the law. The media act as the only source of information for the citizens of Australia. Therefore, the media should be careful with the information they provide. Whatever information they pass on, is perceived to be true. For example, if the give wrong information about the law and its administration, the public will be more likely to believe them. The move will change the perspective of the public with regards to legal knowledge. However, the public can influence operations within the legislators and judges departments. The citizens of Australia are the people who know the actual situations they are going through. For this reason, they are in a better position to give their recommendations for the various laws that should be formulated by the legislature. Public demand can be united to an extent whereby the legislature and the judges can be compelled into formulating some laws that address these issues. Members of the public can be facing some challenges, which they feel can be addressed through the implementation of some legal acts. With this kind of pressure, the public can make an impact in compelling the legislature and the judges to develop laws that address the needs of the public. Public pressure can amount to riots and protests. These actions cause disruptions in the normal operations of the country. In a bid to promote peace within the country, the legislatures, and the judges can be forced to listen to the demands of the public members.

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