Some last minute cases/legislation for family:
Evidence Act 1995 (NSW): same sex couples, unlike married and heterosexual de facto couples, can be compelled to give evidence against their spouse - evidence of continuity in the legal system.
Hope and Brown v NIB Health Insurance Ltd (1994): A precedent allowing same sex couples to be treated as a family unit for the purposes of medical insurance - evidence of effective change in the legal system, as well as culture, values and ethics.
Human Tissue Act 1983 (NSW): Allows same sex partners to be listed as each other's "senior next of kin" if cohabitation has been occurring - evidence of positive change in regard to culture, values and ethics, as well as change.
Family Provisions Act 1982 (NSW): Allows same sex partners to contest the wills of their deceased spouse - evidence of effective change and culture, values and ethics that are more in line with changed community standards and expectations.
Wills, Probate and Administration Act 1898 (NSW): Allows the child of a deceased step-parent to contest a will - evidence of effective change and culture, values and ethics that are more in line with changed community standards and expectations.
Guardianship Act 1987 (NSW): Allows same sex partners to make decisions for each other in the event that one of them lose their capacity to make or indicate decisions - evidence of effective change and culture, values and ethics that are more in line with changed community standards and expectations.
1992 NSWLRC report entitled Family Law and Multiculturalism: Suggested against allowing polygamous marriages carried out in other nations where they are legally valid to be legally valid in Australia - evidence of law reform taking into account the changing composition of society.
s.72 of Family Law Act 1975 (Cth): allows people involved in a polygamous marriage entered into overseas to apply for matrimonial relief if they are naturalised - evidence of the changing composition of society as well as change.
s.50 of Family Law Act 1975 (Cth): 'Kiss and make up clause' - effective in ensuring the legitimacy of the 'irretrievable breakdown of marriage'. Also, there is the requirement for couples together less than two years to attend counselling before dissolving the marriage.
Victim Support and Rehabilitation Act 1996 (NSW): Broadens the definition of "family victim", allowing the surviving partner of a same sex relationship to apply for up to $50,000 compensation of their partner died as a result of homicide - evidence of effective change and positive moves in regard to culture, values and ethics.
Education Reform Amendment (School Discipline) Act 1995: Prohibits the use of corporal punishment in schools - effective in reaching out to children in an attempt to co-operate with them and reduce conflict. Truancy officers and police officers are also effective in making children co-operate.
Child Support Agency (CSA): Under the auspices of the NSW Tax Office and in line with Child Support Scheme 1988, can garnish the wages of biological parents who refuse to pay child maintenance - effective in ensuring co-operation.
Move to de-emphasise spousal maintenance, as evidenced by Rowan and Rowan (1977): Effective in light of the fact that many biological parents are already financially crippled by child maintenance payments - takes into account the changing composition of society and the increasing numbers of working mothers.
Anti-discrimination measures: Same sex, de facto and other couples which have been discriminated against have various avenues at their disposal: the Equal Opportunity Division of the Administrative Decisions Tribunal (ADT), and appeals under legislation such as the Anti-Discrimination Act 1977 (NSW) and the Discrimination Act 1975 (Cth) – effective in ensuring equality; is also in line with changing community standards and expectations, which have given rise to the need for more liberal culture, values and ethics.
