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legal > HSC > Flashcards

HSC Flashcards

1
Q

What ruled that only the Fed. Gov. can make laws about marriage?

A

Cth v ACT 2013

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2
Q

What was found in Cth v ACT 2013?

A

That the Marriage Equality (Same Sex) Act 2013 (ACT) was inconsistent with the Marriage Act 1961 (Cth)
>
Marriage Amendment (Definition & Religious Freedom) Act 2017

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3
Q

What reform shifted parental RIGHTS to RESPONSIBILITIES?

A

Family Law Act 1975 (Cth)
>
Family Law Reform Act 1995 (Cth): Beings rather than property; ‘Custody’ replaced by ‘residence’.

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4
Q

What is ‘equal shared parental responsibility’?

A
  • Meaningful relationship with both parents.
  • Protects children from harm ‘best interests…’
  • REFLECTS VALUES, encouraging involvement of both parents after separation.
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5
Q

What piece of legislation created the presumption of ‘equal shared parental responsibility’?

A

Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)

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6
Q

Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)

CRITICISMS?

A
  • NOT distinguishing between parental responsibility and parental care, leading to parents believing they were entitled to equal time with their child. CONFUSION.
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7
Q

Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)

‘Friendly Parent Provision’

A

“Ability of each parents to facilitate and encourage a close and continuing relationship between the child and the other parent”.

  • “Victims of family violence will continue to be…encouraged to reach settlements which may expose them and their children to violence and abuse.” (Right Now, 2012).
  • Channelled through Family Dispute Resolution Centres.
  • Lone Fathers Association was influential in this amendment.
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8
Q

Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)

‘Shared Parenting Provisions’

2 points.

A
  • Balance the need to protect adults and children from violence WITH the encouragement of separated parents maintaining a relationship with their children.
  • EXCLUDED provisions prioritising protection from harm over importance of shared parenting.
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9
Q

What is an ADVO? Legislation? What does it do?

A

A specific type of AVO issued under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) when the perpetrator of violence is a family member.

Restrictions on assaulting/threatening the victim or any person who has domestic relation with victim, approaching home, stalking/intimidating.

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10
Q

ADVO Positives (Amendment?)

A
  • Onus = balance of probabilities: easier to prove than criminal cases AND perpetrator is immediately guilty if order is breached.
  • Amendments to the Crimes Act 1900 (NSW) in 2018: remain in force for two years and can remain indefinite in certain circumstances
  • Quick, flexible and inexpensive form of protection (RESOURCE EFFICIENT)
  • Children can be included on adult’s AVO/ADVO or a Child Protection Order can be issued by the Children’s Court.
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11
Q

ADVO Negatives? Case?

A
  • LIMITED ENFORCEABILITY as NOT a criminal charge.
  • Issues of compliance and non-compliance are prevalent in cases where they have been distributed.
  • INEFFECTIVENESS is highlighted by Rosie Batty Case, who has since turned into a powerful advocate for DV since the death of her son by a father breaching an ADVO.
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12
Q

ADVO Negative Quote/Stat

A
  • ABC: “Police lacked resources to deal with breaches” leading to high breach rates for ADVOs.
  • Reached 60% breach rate in 2016 (BOCSAR).
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13
Q

What does the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) do?

A
  • Should a conflict arise the need to protect the child from harm will be prioritised.
  • Courts will take into account any evidence of domestic violence if there is ‘reasonable ground’ to believe that abuse or neglect has occurred.
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14
Q

What is a result of the concerns of violence and parenting?

A

Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth)

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15
Q

Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth)

Positives?

A
  • Altered domestic violence definition to include behaviour that ‘coerces or controls’. INCLUDES PSYCHOLOGICAL IMPACTS
  • Abides by UNCROC (1989) through the broadened definition of DV and mandatory notification if abuse is suspected
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16
Q

Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth)

Negatives? Quotes?

A
  • Child has to go through court process.
  • Intensifying the adversarial nature of the Family Court:
  • Children can become “victims of warring parents preoccupied with their own welfare and desire to win custody.” (SMH, 2011).
17
Q

What are community based institutions that provide separating parents with a range of support services including counselling, education and skill development called?

A

Family Relationship Centres
- Relationships Australia

18
Q

What do the Lone Fathers Association do? Stats?

A
  • Advocates for Fathers who face disproportionate favour given to mothers in custody battles.
  • Helps parents who want to share parental responsibility through counselling, legal advice and Child Support related services.
  • 60% of parenting plans involve children spending more than half their time with their mother.
  • INFLUENTIAL in the 2006 amendments regarding ‘Shared Parenting Provisions’.
19
Q

Define WORLD ORDER.

A

Activities and relationships between the world’s states that occur within a legal, political and economic framework.

This includes a set of international arrangements to preserve global stability.

20
Q

What is the Yemen War? CONTEXT

A

Ongoing intrastate conflict between the Hadi government, supported by the Saudi-led coalition, and the Houthi rebels, supported by Iran.

Division due to political differences, amounting to those involved committing, with impunity, violations of international law.

LACK OF COMPLIANCE has affected world order through destabilising nations along the Arabian Peninsula.

21
Q

Make 3 POSITIVE points about the UNGA.

A
  • 193 members; facilitates global COOPERATION.
  • Deliberative, policymaking and representative UN organ.
  • Important to the maintenance of world order by promoting principles of multilateralism and having the ability to create bodies of international law (treaties).
22
Q

Make 2 NEGATIVE points about the UNGA.

A
  • Not enforceable nor has the ability to directly respond to crises that emerge and threaten world order unless the UNSC does but they have only controversially exercised the power to create a binding Resolution once.
  • Resolutions considered binding have no enforcement mechanisms therefore, not binding force under international law. + STATE SOVEREIGNTY
23
Q

What is R2P? Pillars?

A

Addresses failures of the international community to prevent serious HR abuses and atrocities like genocide.

  • Emphasis PREVENTION not REACTION.

1ST Pillar: States have a R2P.
2ND Pillar: Preventative, addresses problems which create conflict.
3rd Pillar: JUST CAUSE, sets standard to creation of peace as COLLECTIVE action to enter State but may escalate the situation.

24
Q

What is the UNSC?

A
  • Decision making arm of the UN composed of 15 members (the Permanent Five and 10 other members on a 2-year rotation).
  • Reflective of changing social values and willingness of states to combine. GLOBAL COOPERATION
  • It is the most powerful international body with the largest capacity to achieve world order.
25
Q

What are the POSITIVE results of the UNSC?

A
  • 66 peacekeeping operations in various locations around the world, reflecting a degree of global cooperation.
  • East Timor Resolutions worked – regional effort and geopolitical neighbour helped.
26
Q

What are the NEGATIVE results of the UNSC?

A

Structure of the council, notably the P5’s (US, UK, Russia, China, France):
VETO powers undermines the authority of the council to effectively respond to issues threatening world order.

27
Q

Make 3 NEGATIVE points about the Arab League.

A
  • Charter of the League of Arab States: Only States approving resolutions are bound by them, SOUNDLY recognising the importance of state sovereignty.
  • Lack of conditionality regarding commitment to common action has been at the centre of its ineffectiveness.
  • INABILITY to meet society’s needs through serving the interests of its 22 members and resolving conflicts in member States
28
Q

Arab League Negative Quote/Stat

A

“A façade of ineffectual institutions that reflect the prevalent disunity in the Arab world” (Arab Centre Washington DC, 2020)
- Appeals have been made urging its dismantlement.

“23.7 million people in need of assistance” (UNICEF)
- Absence of the League’s initiative to resolve conflict or strengthen security along the Arabian peninsula.

29
Q

What are the 3 roles of the UNHRC? What does it produce?

A
  • Strengthen the promotion and the protection of human rights globally; recommends ways to address violations.
  • REPORT CARD for each country – NAMES & SHAMES
  • Meets 3 times a year to allow countries to enact legislation.
30
Q

Make 1 POSITIVE about the UNHRC. Expand?

A
  • Promotes HR as it INFORMS NGOs of what is happening
  • NGOs then encourage governments to enact policies and for States to enact initiatives.
31
Q

What did Saudi Arabia do in regards to Yemen? Elaborate on this.

A
  • Saudi Arabia lobbied members of the UNHRC against renewing the United Nations Group of Eminent International and Regional Experts (UN GEE), forcing the termination of the only investigative mechanism for Yemen.
  • GEE has reported on the continuation of unlawful conduct like destruction of crucial civilian objects (food infrastructure).
  • International Commission Of Jurists stated that “failure to renew [GEE] is a profound betrayal of Yemeni victims”.
  • Decision to not renew the GEE reflects how national interest can HINDER world order.
32
Q

What did the UNHRC disregard when failing to renew the UNGEE?

A

ICCPR; supporting INSTABILITY while reducing the capability of legal mechanisms to meet the international community’s needs.

33
Q

What is the International Crisis Group (ICG)?

A
  • est. 1995
  • Specialises in researching, investigating and education. Level of accessibility is supported by the amount of exposure they receive, “14000 mentions annually”.’
34
Q

Int. Crisis Group POSITIVE + Example

A
  • EFFECTIVE and this is seen in the promotion of multilateralism as key in creating global cooperation.
  • Covered over 60 conflicts, recently the Myanmar Coup in Feb 2021 RESPONSIVENESS
  • Former UN Secretary General Kofi Annan stating they are ‘a global voice of conscience, and a genuine force for peace
35
Q

Effective form of media, especially within Middle East? What did it result in?

A

Al Jazeera

Positively resulting in Australia providing “$50 million to Yemen in humanitarian assistance”.

36
Q

What is an example of diplomatic pressure as a non-legal mechanism?

A
  • High profile UN personnel, including the Secretary-General, urged INDONESIA to accept outside intervention to put an end to the violence.
  • USA warned the Indonesia military not to attack the Australian peacekeepers.
  • Allow a multinational peacekeeping force as militia gangs massacred the Timorese “with impunity”.
37
Q

Diplomatic Pressure Quote

A

“US succeeded in pressuring Indonesia to “pull back from the brink of disaster”. (ABC News, 2019).

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