Question

Module: Business Law
I would like to know the Media Report Analysis with  Hundreds fined for not clearing firebreaks article of The West Australian Tue Feb 13 2018.

Question: 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.

Tip: Use Property law, contract law, corporation law, criminal law, consumer law, administrative law or tort law

At least 4 of these laws can be identified in this article

Hundreds fined for not clearing firebreaks:

More than 3500 fines and warnings have been handed out to West Australians for failing to clear firebreaks, prompting firefighters to warn they are risking lives and homes.

Landowners in Perth and regional WA, some in bushfire-prone areas, were hit with more than 840 fines and 2700 work orders over the summer season according to councils surveyed by The West Australian.

United Firefighters Union State secretary Lea Anderson said the numbers were alarming and suggested people were complacent about the risks.

"The figures do cause some alarm to the members of my union and they should cause alarm to the (State) Government and the broader community," she said.

"Too often members of our community become complacent and that complacency costs resources and it can cost lives."

Ms Anderson also criticised councils for not better enforcing landowners' responsibilities.

"I'm concerned, based on those stats, that they (councils) are not taking their responsibilities seriously enough and if the enforcement powers that they have aren't being used, they aren't effective," she said.

WA Local Government Association president Lynne Craigie said local government had a strict compliance regime for landowners to comply with for fire mitigation works.

"In most cases local government provide landholders a number of notifications before penalties are applied," she said.

"We would challenge the ongoing risk to the community from non-compliance as in most cases part of the penalty to the landholder is for the local government to organise a contractor to complete the works."

Emergency Services Minister Fran Logan said property owners must treat bushfires as an "ever-present danger".

"I would also remind those homeowners that in most of the locations it is volunteers, your friends, neighbours and even family who will come to fight the fire, and without firebreaks you are putting them and the rest of the community in even more danger," he said.

WA has had 1218 bushfires this summer so far, compared with 1313 in the same period last year.

The West Australian surveyed 18 metropolitan and regional councils for a snapshot of the number of fines and work orders issued this summer.

Those councils, as far south as the Shire of Bridgetown and as far north as the Shire of Gingin, collectively handed out 845 fines and 2723 work orders or warnings since roughly the start of summer.

Landowners face fines of $250 if they fail to prepare firebreaks, which can provide critical access for firefighters battling bushfires.

Answer 1

A tort law in Australia is both a common law as well as a legislation. Tort is one of three types of civil wrong, the other two being breach of contract and breach of breach of trust. Torts may be implemented upon by private entities or the state against other private entities.

“Law of Contract” and “Tort of Negligence”

There are a few commonalities between the two. For eg, they are both civil laws. In both the cases, the claimant will bring an action against the defendant and must prove the case on the balance of probabilities. Remedies may be awarded provided that the claimant’s loss is not too remote a consequence of the defendant’s breach.

In the report citing fines that have been imposed in over 3500 cases, the foundation for such an imposition is the tort of negligence. A case has been built by the council wherein due to negligence from the landowners part, the entire community’s life and property is at stake. Remedies, under tort, are generally intended to compensate the claimant rather than to punish the defendant.

“Criminal Law”

To my opinion, criminal law in Australia is differentiated from Civil law – the latter relates to non-criminal law including civil wrongs (as discussed above). These laws generally concern with the rights and duties of individuals amongst each other. Owing to this, Criminal law probably has no direct relevance to the media report.

“Administrative Law”

This law defines the powers and responsibilities that are entrusted upon the administrative agencies of Australia.