Legal studies AT2 essay

Question 1

effectiveness criteria

Answer 1

• Rule of Law
• accessibility
• responsiveness (reform)
• reflecting moral and ethical standards
• resource efficiency (time, money)
• resolving non-compliance
• encouraging compliance
• encouraging compliance and resolving conflict
• enforceability

Question 2

domestic violence crux

Answer 2

The law has been proactive in addressing domestic violence however, statistics reveal that it is still prevalent and further law reform is essential.

Question 3

Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 (NSW) crux

Answer 3

The Act amends the Crimes (Domestic and Personal Violence) Act 2007 (NSW) by reforrming the areas of sexual and domestic violence including the broadening of the Act to cover animal abuse and extensions of ADVOs.

Question 4

Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 (NSW) effectiveness

Answer 4

• The Act amends the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to specifically recognise animal abuse in the context of domestic violence by including the ‘harm to an animal’ in the meaning of ‘intimidation’ (s7) and ‘harming an animal’ in the mandatory protection order
• The Act implements suggestions from the ‘NSW Domestic Violence Death Review Team report’ (2019-2021) so that ADVOs remain in force ‘for an additional two years after the time of imprisonment ends’ (s39(2A) and 2B) to provide ongoing protection for victim-survivors
• In the article ‘strengthening protections for people experiencing sexual and domestic violence’ (LSJ, 2021), it highlights that the Act takes into account trauma caused by unrepresented accused directly cross-examining a victim-survivor and prevents this
• it also amends the Criminal Procedure Act 1986 (NSW) which alters the logistical aspect of domestic violence proceedings to limit victim and defendant contact through protections including closed courts access to AVL and alternative arrangements.

Question 5

Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 (NSW) ineffectiveness

Answer 5

• Protections hasn’t been extended to all domestic violence witnesses even though they have been subject to abuse by the defendant.
• The ‘NSW Young Lawyers submission to the Inquiry into coercive control in domestic relations’ (2021) recommendation is of the view that existing criminal and civil law doesnt provide police and courts with sufficient power to address domestic violence, in particular coercive control. The law need to be expanded to include education programs and other non-legal initiatives

Question 6

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

Answer 6

The Act represents a generational change in family law and aims to bring about a cultural shift in how family separation is managed to move from litigation to cooperative parenting.

Question 7

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

Answer 7

• The new section 60CC factor are a new two-tier hierarchy of factors that have been introduced which amends the matters taken into account to decide on what is in the “best interest” of the child. The two primary considerations are
  Benefit to the child in having a meaningful relationship with both parents
  The need to protect the child from harm
• Division II is rewritten to make it clear that the intention is to resolve inconsistencies between ADVOs and parenting orders by specifying what is to occur when one is submitted before the other
• The article ‘The odd couple leading yet another inquiry into family law’ (SMH, 2019) explores how the “friendly parent” provision directed judges to consider the willingness and ability of the child’s parents to have a relationship with the child when making a decision
• The report ‘impact of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)’ (Standing Committe on Law and Justice, 2006) found that the new inclusions in the original Family Law Act 1975 (Cth) ensures that child-related proceedings are less adversarial which means that the court can take heresay evidence concerning children rather than direct evidence

Question 8

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

Answer 8

• The Australian Institute of Family Studies in its ‘Evaluation of the 2006 law reforms’ found that the Act hadn’t done enough to protect parents as it found that 26% of mothers and 17% of fathers reported being physically hurt by their partners
• in the report ‘Inquiry into Impact of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)’ (National Council of Single Mothers and the Children, 2006) raised the concern that the introduction of a second criterion about willingness to facilitate a relationship with the other parent can be problematic. The parent who has genuine concerns about violence has no want to be in contact with the other parent and risk the runs the risk of being labelled an “unfacilitating parent”.

Question 9

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

Answer 9

The Act amended the Family Law Act 1975 (Cth) to prioritise the safety of children in parenting matters by giving greater weight to the protection of children from harm when determining what is in a child’s best interest.

Question 10

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

Answer 10

• In the submission ‘Inquiry into the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 (AHRC,2011), it was suggested that the wording of a new definition occurred which was taken on.
  Changes to the definition of ‘family violence’ and ‘abuse’ to reflect contemporary values by clearly setting out what is unacceptable including
  Physical and emotional abuse and
  Exposure of children to family violence
• The article ‘Family law changes angers men’s groups’ (SMH, 2011) mentions that of more than 400 submissions on the Act before it was passed, 73% supported the reforms
• Section 60CH and 60CI of the Family Law Act 1975 (Cth) place a positive obligation on people to inform the court when they are aware a child who is the subject of court proceedings is involved in state jurisdiction welfare concerns. This is to make sure that decisions are in the childs best interest
• It makes it easier for state and territory child protection authorities to participate in family law proceedings by strengthening advisor obligations which require family consultants, family counsellors, family dispute resolution practitioners, and legal practitioners to prioritise the safety of children.

Question 11

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

Answer 11

• The Family Law Amendment Bill 2023 (Cth) highlights that further reform is needed for the “safety” of children rather than their “protection”
  The amendments to make enforcement provisions easier to apply indicates that family violence wasn’t an easy defence to rely upon in a contravention application
• Act’s general but complex definition of family violence mixed it with subjective and objective criteria depending on the behaviour that means that family violence isn’t reduced to a simple criteria that must be fulfilled, which makes it difficult logistically for family law practitioners

Question 12

effectiveness rating

Answer 12

moderately effective

Question 13

introduction inclusions

Answer 13

1. answer the question (thesis)
2. brief explanation of key content/theme (macro idea, not laws)
3. indicate what you will talk about (signposting)

Question 14

body para inclusions

Answer 14

1. answer in terms of question (include LINKAGE)
2. crux
3. effectiveness
4. ineffectiveness
5. link back to the final judgement

Question 15

conclusion inclusions

Answer 15

1. reiterate arugement and signpost