Hey, i was wondering whether anyone had done this topic in family before and if so could u possibly offer some tips on what i am supposed to talk bout please we hve been given the name heather osland but thats it any help would be great thanks
Battered Wife Syndrome (BWS) Assignment (1 Viewer)
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Dark Phoenix
Member
this isnt really a big topic in legal studies. all u need to know is what the legal issue is (that is women are now being assaulted at an exponential rate or something) and the remedies available for those victims such as the possibility of the creation of tribunals. u could also try to put in some other case studies which is always helpful besides ur given one. u can also put in ur opinion the issue. umm...there is a magazine called HOT TOPICS which is current issues facing australians today. it should be either in ur school library or in ur local library. there is one in west ryde for sure. not sure bout the others.
Dark Phoenix
Member
oh of course put media reports from daily telegraph, sydney morning herad, today tonight, a current affairs, 60 minutes or late line on ABC is u can find any. and i think there is a lawlink website as well
Dark Phoenix
Member
Private violence, rendered justice (Pamphlet, Alternative Law Journal, 1999) A discussion of two cases of lethal assault - a battered wife assaulted her husband and was found guilty of murder, and a man lethally assaulted his brother-in-law and was acquitted on the grounds of self defence.
Battered wife syndrome and the role of lawyers. (Pamphlet, Law Institute Journal, 1998) The way the battered wife syndrome is treated in Australian law with reference to actual cases and the role of lawyers involved in these cases.
I got this from this website
http://www.ssdec.nsw.edu.au/Socialscience/legal/legal_library.html
Battered wife syndrome and the role of lawyers. (Pamphlet, Law Institute Journal, 1998) The way the battered wife syndrome is treated in Australian law with reference to actual cases and the role of lawyers involved in these cases.
I got this from this website
http://www.ssdec.nsw.edu.au/Socialscience/legal/legal_library.html
Dark Phoenix
Member
BACON, W and LANDSDOWNE, R “Women Who Kill Their Husbands: The Battered Wife on Trial” in C O’Donnell and J Craney (eds) Family Violence in Australia (Longman Cheshire, 1982)
EASTEAL, P “Battered Women Who Kill: A Plea of Self-Defence” in P Easteal and S McKillop (eds) Women and the Law (Australian Institute of Criminology Conference Proceedings No 16, 1993)
GREENE, J “A Provocation Defence for Battered Women Who Kill?” (1989) 12 Adelaide Law Review 145
QUIGLEY, T “Battered Women and the Defence of Provocation” (1991) 55 Saskatchewan Law Review 223
SHEEHY, E STUBBS, J and TOLMIE, J “Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations” (1992) 16 Criminal Law Journal 369
STUBBS, J “Battered Woman Syndrome: Misunderstood?” (1992) 3 Current Issues in Criminal Justice 356
You could also say that it can be considered to be a partial defence as provocation. I got this information from the following website but u should research on these articles further to get a good mark for ur assessment:
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP31BIBLIO
EASTEAL, P “Battered Women Who Kill: A Plea of Self-Defence” in P Easteal and S McKillop (eds) Women and the Law (Australian Institute of Criminology Conference Proceedings No 16, 1993)
GREENE, J “A Provocation Defence for Battered Women Who Kill?” (1989) 12 Adelaide Law Review 145
QUIGLEY, T “Battered Women and the Defence of Provocation” (1991) 55 Saskatchewan Law Review 223
SHEEHY, E STUBBS, J and TOLMIE, J “Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations” (1992) 16 Criminal Law Journal 369
STUBBS, J “Battered Woman Syndrome: Misunderstood?” (1992) 3 Current Issues in Criminal Justice 356
You could also say that it can be considered to be a partial defence as provocation. I got this information from the following website but u should research on these articles further to get a good mark for ur assessment:
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP31BIBLIO
Dark Phoenix
Member
Here is some great information i just found over the net, you should be able to get good marks for these
http://www.austlii.edu.au/au/other/alrc/publications/reports/69/vol1/ALRC69Ch12.html
Introduction
12.1 The previous chapters have shown that violence against women is more than a matter for the criminal law. However, the way in which the criminal law deals with the issue is a crucial part of an effective national response to it. In recent years there has been considerable work on laws dealing with violence against women, particularly sexual assault. 1 However, further legislative reform is required. There is also a need for continuing education to ensure that violence against women is seen within the Australian community as a crime and that all persons working in law enforcement understand the dynamics of a violent relationship and allow for its disempowering effects on those who have been subjected to it.
Defences to crimes of violence
Introduction
12.2 The ways in which women respond to violence or threats of violence and how the legal system constructs those responses have been examined in recent years. DP 54 asked whether the criminal defences of self-defence, provocation and duress should be revised to reflect women's experiences. 2 Those defences are based on a standard of 'reasonable' conduct. What is 'reasonable' has traditionally been assessed on men's experiences of a reasonable response to the circumstances. For example, in establishing self-defence, there must be an immediate threat and a proportionate response. The typical scenario is that of an isolated incident in a public place between two strangers of relatively equal size, strength and fighting ability, that is, a 'bar-room brawl' model. DP 54 asked whether that test of reasonableness and its application discriminate against women. 3 Submissions concluded that the 'reasonableness' test was flawed, in that it was geared to the behaviour of a reasonable man rather than a reasonable woman. 4 The 'bar-room brawl' model bears little relation to the situation of a woman who has been subjected to prolonged physical, mental and emotional abuse within the home by her male partner. In her terrorised state and usually with inferior physical size and strength, her only reasonable option may be to take action some time later when it is safe for her to do so. This may be during a lull in the violence, for example, when the aggressor is asleep or incapacitated by alcohol. 5 However, the law may construct her act as a pre-meditated one arising out of a long held grudge rather than a defensive response triggered by a particular incident. 6 For this reason it is argued that defences should be revised to reflect women's experiences of violence and acts of self-preservation. 7
Self-defence
12.3 Elements of the defence. The law recognises that a person who has committed a violent act should be completely excused from liability where he or she acted in self-defence. Certain elements traditionally associated with the defence make it very difficult to establish in situations where a woman has killed her abuser, particularly where she has killed in fear of future deadly violence against herself or her family. 8 To raise the defence successfully she must show that her conduct was a reasonable response in the circumstances. This means that the force she used was reasonably proportionate to the threat to her, that the threat was imminent, and that she was under no duty to retreat or seek to escape rather than retaliate. 9 Where juries and judges lack an understanding of the dynamics and effect of violence in the home, they may not see the woman's response as 'reasonable'. They may see her use of a gun or knife as excessive force in relation to the physical assaults inflicted on her by her unarmed partner, despite the fact that those assaults may have been dangerous and potentially lethal. 10 They may ask why she did not simply leave. This approach ignores the disempowering effect of the violence on the woman, her practical difficulties, such as where to go and how to support herself and her children, and her fear of retaliation if she were to leave, particularly where police assistance has not been adequate in the past. 11
12.4 Self-defence is rarely accepted. In relatively few cases where a woman has been subjected to violence by her partner has self-defence been accepted as a defence, resulting in her acquittal. Instead she may be advised to plead guilty to manslaughter on the basis of provocation, which is more readily accepted as a partial defence in her circumstances. 12 She may find it difficult to resist this option when the alternative is life imprisonment for murder. In a few cases where there is clear evidence of severe and prolonged violence against her, charges have been resolved by the exercise of the prosecutor's discretion not to proceed
Provocation
12.5 A person may be partially excused for killing another because of the doctrine of provocation. 13 To establish provocation at common law a defendant must establish that she/he had a sudden and temporary loss of control caused by the victim's acts or words, that is, she/he acted in the heat of passion. 14 The classic situation in which provocation has been raised is where a man kills either his wife or her lover because of her adultery. 15 Submissions criticised the formulation of the defence to partially excuse men who kill their partners, even where they have deliberately acquired weapons. 16 By contrast, provocation may not apply to a woman who because of fears for her safety waits until her partner is asleep or drunk before she takes action. 17
For abusive men who kill, the incident is viewed as a crime of passion, where the victim is portrayed as being the author of her own death. Notwithstanding the existence of previously controlling and violent behaviour, nor apparent signs of pre-meditation, such men have been portrayed as having acted under diminished responsibility at the time of the killing. Conversely, women are often precluded from similar use of defences due to pervasive stereotypes of women who kill; the different manner in which women kill, due to physical differences, and in terms of timing and use of weapons, amongst others . . . 18
'Battered woman's syndrome'
12.6 As a response to the inadequacies of the existing defences, the 'battered woman's syndrome' has been developed to explain to the court the actions of a woman who has suffered long-term abuse. The syndrome assumes that women who have been subjected to repeated violence suffer from 'learned helplessness' and are unable to leave or control the situation. 19 Evidence of the syndrome has been accepted in Canada, the United States and in some Australian jurisdictions. 20 It is most often used in cases where women are prosecuted for killing their violent partners, but its use has been extended to a wide range of other charges. 21 The development of the syndrome has not been without criticism. Submissions reflected those concerns and suggested that the failure of the criminal law to reflect women's experiences should be recognised and that it should be accepted that sometimes the only means of escape from violence is itself violent.
Women who murder their partners after lengthy mistreatment should not need to defend their behaviour on the basis they 'suffer battered women syndrome'. This perpetuates a sense of weakness and illness: the hysterical woman. Women's offending should not be excused on the grounds of a supposed biological frailty. Instead the criminal law should change to reflect the experience of the entire community. 22
Medicalising the experience further isolates battered women into a group whose members are considered to be abnormal or ill. 23
Submissions also referred to the danger that women who do not outwardly display the exact set of characteristics that are said to constitute the defence may be excluded from its use. 24
[Battered Woman's Syndrome] merely sets up a narrow exception to the male norm of 'reasonableness' for those women whose experiences comply with its requirements. In other words, it prescribes what are reasonable responses for battered women. For the rest of the population, including those women who may have been battered by their partners but not 'battered enough' to be able to claim the syndrome, the male norm remains. 25
Two submissions which criticised the 'battered woman's syndrome' called for the framing of an entirely new defence that would formalise the process by which the court could be made aware of all relevant circumstances. 26 However, the issue is not clearcut. There was also support for the use of the syndrome. 27 It is an issue which has been subject to much debate 28 and it clearly needs further exploration.
Criminal procedure
12.7 Expert evidence. Submissions, including those which argued the dangers of the battered woman's syndrome, called for expert evidence on the effects of violence to be made available to the courts in cases where victims or perpetrators have been killed. They also called for development of standards for that evidence. 29
For some women the only way to stop the terror (in their state of mind and conditioning through the use of violence against them) is to kill their partner . . . if a hostage killed a captor whether in defence or not it is totally understandable. The need to escape, end the continual terror overrides all else. Establishing how terrorised a person who kills another [is because of domestic violence] is the only way to show the reality of that level of fear existing. 30
Too often, in the past, the experiences of women defendants have not been deemed relevant to the courts and evidence of violence or oppression has not been adduced. 31
12.8 Criticism of lawyers.
Submissions criticised inadequate inquiry by defence lawyers into the history of violence against women defendants by their partners and its impact on them. 32 This was one of the factors to which the Queensland Court of Appeal referred in the recent case of R v Kina. 33 The Court determined that there had been a miscarriage of justice in the defendant's conviction for murder of her partner. It quashed the conviction after determining that the evidence of a history of violence by her partner was capable of raising self-defence and provocation, and was also relevant to the question of the necessary intent. 34 It noted that the difficulties of communication with her legal representatives during the preparation for her trial effectively denied her satisfactory representation. 35 Submissions also noted the need for continuing legal education at all levels on the effects of domestic violence. 36
12.9 Sentencing patterns.
Submissions commented that more lenient sentences appear to be given to many men who kill their partners 'out of passion' than to women who kill their partners after years of abuse. 37 They called for collection of data on sentences imposed in those circumstances and research into sentencing practices. 38 Two submissions called for review of the sentences of all women who are serving life sentences for killing a man who abused them. 39 The need for the media to be responsible in reporting crimes where either the victim or the perpetrator has been killed was also noted. 40
The role of the Commonwealth
Development of the uniform criminal code
12.10 Many criminal justice issues lie within State and Territory legislation. However, the Commonwealth has an important role to play. This arises from Australia's international human rights obligations. 41 Following a major review of federal criminal laws, including principles of criminal responsibility, 42 the Commonwealth, the States and the Territories are developing a model criminal code for eventual adoption by all jurisdictions. The general principles of criminal responsibility, including self-defence, have been settled. 43 Uniform laws relating to crimes of personal violence, including examination of the law of provocation, are currently being developed. However, it does not appear that gender issues have been considered or that women's groups have participated in the process. The report does not refer to the battered woman's syndrome, for example, or the circumstances in which a history of violence may be relevant to the defendant's actions. Reform of such major legal importance should not proceed without the gender implications being actively explored. It would be appropriate for an expert on gender issues to be a consultant throughout the process. In Queensland a critique of the State's criminal legislation was prepared in response to similar concerns following the report of the Criminal Code Review Committee. 44 No women's groups had been involved in that review. The Commission notes that the Office of the Status of Women is working on proposals for reform of sexual assault laws on a national basis.
Recommendation 12.1
In the development of the uniform criminal code, women's perspectives should be actively sought. This should include consultation with appropriate experts on those issues. It should also include a re-examination of the proposals relating to self-defence and provocation.
A unit to oversee violence against women
12.11 The importance of violence against women should be recognised by the establishment within the Attorney-General's Department of a unit to monitor and promote the development of strategies to address violence against women. While in Australia significant efforts have been made in recent years to address violence against women as a national issue, particularly through the establishment of the National Committee on Violence Against Women and the release in 1992 of the National Strategy on Violence Against Women, the problem remains widespread. 45 The consideration of male violence against women should not be confined to a purely criminal law issue but should acknowledge the broader implications for women's rights to equality and Australia's international human rights obligations. Accordingly the Commission recommends that the Unit should be located within the Human Rights Branch of the Attorney-General's Department. Close liaison with areas responsible for criminal law policy and policing is necessary. The functions of the Unit should include annual reporting on the implementation by all levels of government of the National Strategy on Violence Against Women, the development and promotion of minimum standards to be met by service providers such as police and through State and Territory legislation, and the promotion of a 'best practice' model for dealing with violence against women in the home.
Recommendation 12.2
A Violence Against Women Unit should be established within the human rights area of the federal Attorney-General's Department. Its role should include annual reporting on the implementation of the National Strategy on Violence Against Women, the development and promotion of minimum standards to be met by service providers and through State and Territory legislation, and the promotion of a 'best practice' model for dealing with violence against women in the home.
http://www.austlii.edu.au/au/other/alrc/publications/reports/69/vol1/ALRC69Ch12.html
Introduction
12.1 The previous chapters have shown that violence against women is more than a matter for the criminal law. However, the way in which the criminal law deals with the issue is a crucial part of an effective national response to it. In recent years there has been considerable work on laws dealing with violence against women, particularly sexual assault. 1 However, further legislative reform is required. There is also a need for continuing education to ensure that violence against women is seen within the Australian community as a crime and that all persons working in law enforcement understand the dynamics of a violent relationship and allow for its disempowering effects on those who have been subjected to it.
Defences to crimes of violence
Introduction
12.2 The ways in which women respond to violence or threats of violence and how the legal system constructs those responses have been examined in recent years. DP 54 asked whether the criminal defences of self-defence, provocation and duress should be revised to reflect women's experiences. 2 Those defences are based on a standard of 'reasonable' conduct. What is 'reasonable' has traditionally been assessed on men's experiences of a reasonable response to the circumstances. For example, in establishing self-defence, there must be an immediate threat and a proportionate response. The typical scenario is that of an isolated incident in a public place between two strangers of relatively equal size, strength and fighting ability, that is, a 'bar-room brawl' model. DP 54 asked whether that test of reasonableness and its application discriminate against women. 3 Submissions concluded that the 'reasonableness' test was flawed, in that it was geared to the behaviour of a reasonable man rather than a reasonable woman. 4 The 'bar-room brawl' model bears little relation to the situation of a woman who has been subjected to prolonged physical, mental and emotional abuse within the home by her male partner. In her terrorised state and usually with inferior physical size and strength, her only reasonable option may be to take action some time later when it is safe for her to do so. This may be during a lull in the violence, for example, when the aggressor is asleep or incapacitated by alcohol. 5 However, the law may construct her act as a pre-meditated one arising out of a long held grudge rather than a defensive response triggered by a particular incident. 6 For this reason it is argued that defences should be revised to reflect women's experiences of violence and acts of self-preservation. 7
Self-defence
12.3 Elements of the defence. The law recognises that a person who has committed a violent act should be completely excused from liability where he or she acted in self-defence. Certain elements traditionally associated with the defence make it very difficult to establish in situations where a woman has killed her abuser, particularly where she has killed in fear of future deadly violence against herself or her family. 8 To raise the defence successfully she must show that her conduct was a reasonable response in the circumstances. This means that the force she used was reasonably proportionate to the threat to her, that the threat was imminent, and that she was under no duty to retreat or seek to escape rather than retaliate. 9 Where juries and judges lack an understanding of the dynamics and effect of violence in the home, they may not see the woman's response as 'reasonable'. They may see her use of a gun or knife as excessive force in relation to the physical assaults inflicted on her by her unarmed partner, despite the fact that those assaults may have been dangerous and potentially lethal. 10 They may ask why she did not simply leave. This approach ignores the disempowering effect of the violence on the woman, her practical difficulties, such as where to go and how to support herself and her children, and her fear of retaliation if she were to leave, particularly where police assistance has not been adequate in the past. 11
12.4 Self-defence is rarely accepted. In relatively few cases where a woman has been subjected to violence by her partner has self-defence been accepted as a defence, resulting in her acquittal. Instead she may be advised to plead guilty to manslaughter on the basis of provocation, which is more readily accepted as a partial defence in her circumstances. 12 She may find it difficult to resist this option when the alternative is life imprisonment for murder. In a few cases where there is clear evidence of severe and prolonged violence against her, charges have been resolved by the exercise of the prosecutor's discretion not to proceed
Provocation
12.5 A person may be partially excused for killing another because of the doctrine of provocation. 13 To establish provocation at common law a defendant must establish that she/he had a sudden and temporary loss of control caused by the victim's acts or words, that is, she/he acted in the heat of passion. 14 The classic situation in which provocation has been raised is where a man kills either his wife or her lover because of her adultery. 15 Submissions criticised the formulation of the defence to partially excuse men who kill their partners, even where they have deliberately acquired weapons. 16 By contrast, provocation may not apply to a woman who because of fears for her safety waits until her partner is asleep or drunk before she takes action. 17
For abusive men who kill, the incident is viewed as a crime of passion, where the victim is portrayed as being the author of her own death. Notwithstanding the existence of previously controlling and violent behaviour, nor apparent signs of pre-meditation, such men have been portrayed as having acted under diminished responsibility at the time of the killing. Conversely, women are often precluded from similar use of defences due to pervasive stereotypes of women who kill; the different manner in which women kill, due to physical differences, and in terms of timing and use of weapons, amongst others . . . 18
'Battered woman's syndrome'
12.6 As a response to the inadequacies of the existing defences, the 'battered woman's syndrome' has been developed to explain to the court the actions of a woman who has suffered long-term abuse. The syndrome assumes that women who have been subjected to repeated violence suffer from 'learned helplessness' and are unable to leave or control the situation. 19 Evidence of the syndrome has been accepted in Canada, the United States and in some Australian jurisdictions. 20 It is most often used in cases where women are prosecuted for killing their violent partners, but its use has been extended to a wide range of other charges. 21 The development of the syndrome has not been without criticism. Submissions reflected those concerns and suggested that the failure of the criminal law to reflect women's experiences should be recognised and that it should be accepted that sometimes the only means of escape from violence is itself violent.
Women who murder their partners after lengthy mistreatment should not need to defend their behaviour on the basis they 'suffer battered women syndrome'. This perpetuates a sense of weakness and illness: the hysterical woman. Women's offending should not be excused on the grounds of a supposed biological frailty. Instead the criminal law should change to reflect the experience of the entire community. 22
Medicalising the experience further isolates battered women into a group whose members are considered to be abnormal or ill. 23
Submissions also referred to the danger that women who do not outwardly display the exact set of characteristics that are said to constitute the defence may be excluded from its use. 24
[Battered Woman's Syndrome] merely sets up a narrow exception to the male norm of 'reasonableness' for those women whose experiences comply with its requirements. In other words, it prescribes what are reasonable responses for battered women. For the rest of the population, including those women who may have been battered by their partners but not 'battered enough' to be able to claim the syndrome, the male norm remains. 25
Two submissions which criticised the 'battered woman's syndrome' called for the framing of an entirely new defence that would formalise the process by which the court could be made aware of all relevant circumstances. 26 However, the issue is not clearcut. There was also support for the use of the syndrome. 27 It is an issue which has been subject to much debate 28 and it clearly needs further exploration.
Criminal procedure
12.7 Expert evidence. Submissions, including those which argued the dangers of the battered woman's syndrome, called for expert evidence on the effects of violence to be made available to the courts in cases where victims or perpetrators have been killed. They also called for development of standards for that evidence. 29
For some women the only way to stop the terror (in their state of mind and conditioning through the use of violence against them) is to kill their partner . . . if a hostage killed a captor whether in defence or not it is totally understandable. The need to escape, end the continual terror overrides all else. Establishing how terrorised a person who kills another [is because of domestic violence] is the only way to show the reality of that level of fear existing. 30
Too often, in the past, the experiences of women defendants have not been deemed relevant to the courts and evidence of violence or oppression has not been adduced. 31
12.8 Criticism of lawyers.
Submissions criticised inadequate inquiry by defence lawyers into the history of violence against women defendants by their partners and its impact on them. 32 This was one of the factors to which the Queensland Court of Appeal referred in the recent case of R v Kina. 33 The Court determined that there had been a miscarriage of justice in the defendant's conviction for murder of her partner. It quashed the conviction after determining that the evidence of a history of violence by her partner was capable of raising self-defence and provocation, and was also relevant to the question of the necessary intent. 34 It noted that the difficulties of communication with her legal representatives during the preparation for her trial effectively denied her satisfactory representation. 35 Submissions also noted the need for continuing legal education at all levels on the effects of domestic violence. 36
12.9 Sentencing patterns.
Submissions commented that more lenient sentences appear to be given to many men who kill their partners 'out of passion' than to women who kill their partners after years of abuse. 37 They called for collection of data on sentences imposed in those circumstances and research into sentencing practices. 38 Two submissions called for review of the sentences of all women who are serving life sentences for killing a man who abused them. 39 The need for the media to be responsible in reporting crimes where either the victim or the perpetrator has been killed was also noted. 40
The role of the Commonwealth
Development of the uniform criminal code
12.10 Many criminal justice issues lie within State and Territory legislation. However, the Commonwealth has an important role to play. This arises from Australia's international human rights obligations. 41 Following a major review of federal criminal laws, including principles of criminal responsibility, 42 the Commonwealth, the States and the Territories are developing a model criminal code for eventual adoption by all jurisdictions. The general principles of criminal responsibility, including self-defence, have been settled. 43 Uniform laws relating to crimes of personal violence, including examination of the law of provocation, are currently being developed. However, it does not appear that gender issues have been considered or that women's groups have participated in the process. The report does not refer to the battered woman's syndrome, for example, or the circumstances in which a history of violence may be relevant to the defendant's actions. Reform of such major legal importance should not proceed without the gender implications being actively explored. It would be appropriate for an expert on gender issues to be a consultant throughout the process. In Queensland a critique of the State's criminal legislation was prepared in response to similar concerns following the report of the Criminal Code Review Committee. 44 No women's groups had been involved in that review. The Commission notes that the Office of the Status of Women is working on proposals for reform of sexual assault laws on a national basis.
Recommendation 12.1
In the development of the uniform criminal code, women's perspectives should be actively sought. This should include consultation with appropriate experts on those issues. It should also include a re-examination of the proposals relating to self-defence and provocation.
A unit to oversee violence against women
12.11 The importance of violence against women should be recognised by the establishment within the Attorney-General's Department of a unit to monitor and promote the development of strategies to address violence against women. While in Australia significant efforts have been made in recent years to address violence against women as a national issue, particularly through the establishment of the National Committee on Violence Against Women and the release in 1992 of the National Strategy on Violence Against Women, the problem remains widespread. 45 The consideration of male violence against women should not be confined to a purely criminal law issue but should acknowledge the broader implications for women's rights to equality and Australia's international human rights obligations. Accordingly the Commission recommends that the Unit should be located within the Human Rights Branch of the Attorney-General's Department. Close liaison with areas responsible for criminal law policy and policing is necessary. The functions of the Unit should include annual reporting on the implementation by all levels of government of the National Strategy on Violence Against Women, the development and promotion of minimum standards to be met by service providers such as police and through State and Territory legislation, and the promotion of a 'best practice' model for dealing with violence against women in the home.
Recommendation 12.2
A Violence Against Women Unit should be established within the human rights area of the federal Attorney-General's Department. Its role should include annual reporting on the implementation of the National Strategy on Violence Against Women, the development and promotion of minimum standards to be met by service providers and through State and Territory legislation, and the promotion of a 'best practice' model for dealing with violence against women in the home.
Dark Phoenix
Member
no problem. hope u do well in ur assessment
Mr. Sabuncuoglu
Foo Fighter
R v McEwen 1996... this case identified that same sex couples can use the "Battered Wife syndrome
you can use that case in terms of protecting individuals rights, equality before the law and also the morality and ethics in terms of the changing attitudes towards same sex relatoinships... i.e. de facto r'ships act 1984, prop. r'ships act 1986, prop. r'ships amendment act 1999
refer to syllabus aswell... different familial arrangements
hope that helps
you can use that case in terms of protecting individuals rights, equality before the law and also the morality and ethics in terms of the changing attitudes towards same sex relatoinships... i.e. de facto r'ships act 1984, prop. r'ships act 1986, prop. r'ships amendment act 1999
refer to syllabus aswell... different familial arrangements
hope that helps