Incident Reporting And Assistance To Crime And Civil Affected Circumstances

Incident Reporting & Assistance

A Situation or Dispute means any action, suit or proceeding between or among the Parties arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to an Agreement or any related document and/or work practices.

The types of disputes dealt with by courts can be broadly divided into two types: criminal cases and civil cases. These two types are dealt with quite differently and different processes and approaches apply. For example, there is a difference in who ‘prosecutes’ the case, as well as in the standard of proof and in the outcomes if the case is proven.

It is important to first understand the situation and what are the root causes of the situation is; for example are staff underpaid and requesting a increase or is there criminal intent behind the situation and the site being shutdown for financial gain (extortion).

Criminal cases

Criminal cases involve a person being prosecuted by the police or a government prosecuting agency, such as the Director of Public Prosecutions, on behalf of the State for an offence against the law. If the court finds a person guilty of a crime, the court has the power to punish the offender by imposing a sentence (or punishment), such as a fine, a community service order, bond or custodial sentence (imprisonment). The law generally sets a maximum penalty for the offence, and the judge selects a penalty that is within the scope of the maximum penalty and that is appropriate to the criminality involved.

There are two types of criminal offences:

  • summary offences – these are generally less serious offences that are usually dealt with by a magistrate of the Local Court and are punishable by a fine or imprisonment for up to two years; and
  • indictable offences – are generally more serious offences that are usually dealt with by a judge and jury of the District Court or the Supreme Court and are punishable by imprisonment for more than two years.

Civil cases

A civil case involves a dispute between people (or between a person and the government) about the rights or liabilities of the people or organisations involved. A civil case usually involves one person seeking a remedy of some kind from another person to resolve a dispute between them.

Examples of areas of law that are classified as civil law are:

financial issues –  such as bankruptcy or banking disputes, housing, defamation, family law, employment law.

In civil cases, each person involved in the case (generally, each person whose rights or liabilities are an issue in the case) is called a ‘party’ to the case. The party who makes a claim or commences the case is generally called ‘the plaintiff’, but in some types of cases may be called ‘the claimant’ or ‘the applicant’. The party defending themselves against the claim is generally called the ‘defendant’ or ‘respondent’. If a party appeals against the court’s decision, the party making the appeal is called the ‘appellant’ and the party denying or arguing against the appeal is called the ‘respondent’.

Our manner of Operations

When representing companies, the aim of engagement with groupings stating they represent
local communities, is to determine if there is a criminal intend toward the developer and appointed contractors. If there is criminal intent involve, we then start investigating the involve parties involved and gather all the evidence required to compile a docket for prosecution as well as gather all the information for a full report on the situation. When all the evidence required is gather we then continue to prosecution and hold the individual who are reliable for crimes committed accountable for their actions and take legal action against them.