ABSTRACT
To most lawyers, the concept of crime and the distinction between criminal, civil and administrative proceeds seems self-evident. A criminal dispute is one in which the state, representing the public interest in maintaining law and order, prosecutes criminal charges through the courts, seeking punishment. By contrast, a civil action is a proceeding brought by an individual (or corporation) against another individual (or corporation) for the purpose of compensation. Finally, an administrative infraction is one where a sanction is imposed by a regulatory authority or directly by the legislature without the intervention of a court or tribunal (Australian Law Reform Commission (ALRC), 2002a: para 2.63). However, in reality, the line between criminal, civil and administrative disputes is unclear and fluid.
