for the first question
-Introduction
what is law reform?
Law reform involves the changes in the law to reflect the values and morals of the current society in which it regulates. There are essential influences on the law which promote the need for reform in law e.g cultural/social, moral, political, economic, and thus the law is altered by these influences
Body-
The significance of law reform
- needs to reflect the changing values of todays society (a law that existed more than 70 years ago may not be applicable to todays society)
- to protect the members of the family
-children
-CROC
-removal of children from families and placed into care (wards of the state)
-women
-CEDAW
-ex-nuptial children
-they have same rights as nuptial children to heritage etc
-Same-sex couples/Ethnic backgrounds
-HREOC
-New technology-IVF/ART
-failure of existing law
-Legal aid
-Police corruption
-Costs
-Mandatory sentencing
Law reform Agenicies
-Parliament
-Courts
-delegated legislation......
integrate some of the Cases, media reports, and legislation into you argument
Conclusion
reinforce some of the major points in the conclusion but DO NOT add any new information that you have not addressed in the argument
some Acts you may include- Family Law Act
Family Law (Provisions) Act
Family Law (Reform) Act
Status of Children Act
Also the Introduction of the Family Court of Australia to address the issues in Families
I wouldn't bother putting all that in one essay, fair enough you want to cover it all but like its impossible.
I'd have, in the body
Law Reform in relation to,
- Legal Definiton of Marriage - Hyde Vs Hyde and Woodmansee, defined marriage as the "voluntary union for life between a man and a woman" This is used as the cornerstone of the definition as stated in the Family Law Act 1975 and the Marriage Act 1961. However in the case, Re Kevin, it allowed for a transsexual male to be included in the definition of marriage as the person was legally classified as a male on the date of the marriage.
- Single Parent Families ie Child Support Scheme in conjunction with the taxation office to ensure maintenance orders are being fulfilled.
- De Facto Relationships - prior to the De Facto Relations Act 1984, there was no obligation of one partner to support the other. Hence it is important.
- Same Sex Couples - being included in the definition of De Facto as they cannot get married. The De Facto relationships Act 1984 was amended by the Property (Relationships) Amendment Legislation Act 1999 and was renamed to Property (relationships) Act 1984, hence important as it provides equality. R v Mckewan, battered woman syndrome can be used in a same sex relationship.
- Domestic Violence - Prior to this it was called "Rule of Thumb" - weapon had to be no bigger than the males thumb when beating up his wife. However with the introduction of the ADVO (Apprehended Domestic Violence Order) and the APVO (Apprehended Personal Violence Order) is has attempted to stop domestic violence. Breach of any of the orders deems it a criminal offense under the Crimes Act 1900 and under the Bail Act 2002, the offender will be refused bail. Also mention the media report "Husband Beating on the rise" - increasing women bashing up their husbands. Talk about the Andrea Patrick Case.
-Dissolution of Marriage - Matrimonial Causes Act 1959 - 14 grounds for divorce must fill out a criteria. However, the Family Law Act 1975 repealed the 14 grounds for divorce and allowed for the "irretrievable breakdown of marriage". Couple must be separated for at least 12 months and there must be no reconciliation. They must also attend counseling. Also, if children are involved it puts the needs of children first. Property will be split in accordance with the child's needs etc.
- Discipline of CHildren - Parents must discipline their child if it is acceptable and reasonable. If the aim of the punishment is not to correct the childs behaviour then it is seen as a Criminal offense under the Crimes Act 1900. Also, the Crimes (Child Protection - Physical Mistreatment) Act 2001 meant that there should be no force used above the childs shoulders.
-Education - Prior to the 1990's a lot of children were leaving school earlier etc.
Education Act 1990 and the UN conventions of the rights of a child have meant that children should attend school between the ages of 6 and 15 years of age. However, there has been a push (or done already im not sure) to increase the age to 16 years as studies suggest that leaving school early leads to poverty.
- IMportance of Family Court - They foster the reforms and encourage families to receive counseling upon separation. Created due to the Family Law Act 1975.
