Legislation Flashcards
(47 cards)
What is contained in Section 47A of the Marriage Act 1961
Religious marriage celebrants may refuse to solemnise marriages. This is particularly relevant to same sex marriages.
This clause was likely to protect religious rights and appeal to ‘no’ voters for gay marriage
Where is divorce governed?
The Family Law Act 1975 (Cth)
What is contained in section 43 of the Family Law Act (Cth)?
The main principles by which courts must deal with family law matters. Including to preserve the definition of marriage as between two people, for life, to protect families as the fundamental group unit of society, to protect the rights of children and to promote means for married couples to improve their relationship.
What conduct is covered by Australia’s forced marriage offences under the Commonwealth Criminal Code Act 1995?
- forced marriage offences can apply to any person involved in forced marriage, not necessarily just the spouse. This could be other family members, friends, or wedding celebrants.
— the offences are not limited by sex, age, etc. - where the other spouse is not a victim, penalties apply (e.g. false identity)
- includes marriages which happen both domestically and internationally
When/where were same sex couples granted the ability to register as de facto?
In 2008 following the introduction to the Family Law Amendment (De facto financial matters and other measures) Act 2008 (cth)
Who are inter-country adoptions governed by?
The Hague Convention on the Protection of Children and Coopreation in respect of inter country adoption (1933)
Where is parental responsibility outlined?
The Family Law Act 1975 (Cth)
Where is neglect governed in NSW?
Governed by two acts - the CYP act and Crimes act.
Section 228 of CYP act defines child neglect as:
A person, whether or not the parent of the child or young person, who, without reasonable excuse, neglects to provide adequate or proper nursing, food, clothing, medical aid or lodging of a child under their care.
Who monitors neglect?
NSW department of Communities and Justice (DCJ)
What is outlined in Section 10A of the Child Protection Legislation Amendment Act 2014 (NSW)?
Section 10A focuses on ‘permanent placement principles’
Requires child protection authorities to investigate whether putting a child up for adoption is preferable to placing them in foster care.
Aim: to provide a more stable environment for the child at home, rather than moving them regularly between foster homes.
What is outlined in Section 38A of Children and Young Persons (Care and Protection) Act 1998?
Section 38A outlines that authorities are able to seize children once they are born if it is proven that the mother is proven to have a history of drug or alcohol use during pregnancy.
What does Section 38A of the Children Protection Legislation Amendment Act 2014 (NSW) define “Parental responsibility contracts” as?
(Either or both of the following)
A. An agreement between the secretary and one or more primary care giver of the child that contains provisions aimed at improving parenting skills of the primary care givers and encouraging them to accept greater responsibility.
B. An agreement between the secretary and either or both parents whose unborn child is subject of a pre-natal report under section 25, that contains provisions aimed at improvising the parenting skills of the prospective parent and reducing the likelihood and that the child would be of significant harm after birth.
Where is a child’s right to education outlined?
The Education Act 1900 (NSW)
Parents can discipline their children by using physical force. Where is this this outlined in legislation?
The Crimes Act 1990 - Section 61AA: “defence of lawful correction”
Where is the courts power to force parents to undergo treatment to deal with drug/alchol addiction with a parental responsiblitily order outlined?
S. 91 of CYP act (Childrena and Young Persons)
Where are the responsibilities of medical treatment outlined in legislation?
Minors (property and contracts) act 1970 (NSW)
Section 49A of the act authorises courts to approve medical treatment if a parent refuses.
Where are exceptions outlined for children who are intellectually disabled and unable to consent to medical treatment?
The Guardianship Act 198 (NSW)
Where is divorce governed in Australia?
Part 6 of the Family Law Act 1975 (Cth)
Where is divorce governed in Aus?
Section 7 of the Family Law Act 1975 (Cth)
Third parties can be tried for their involvement in arranging a forced marriage. Where is this outlined in law?
Commonwealth Criminal Code Act 1995
Where is legislation surrounding adoption enshrined?
The Adoption Act 2000 (NSW) (it is the responsibility of state governments)
In 2015, the Attorney General created a new adoption service called…
Inter-country Adoption Australia
The Child Protection Legislation Amendment Act 2014 (NSW) ensures permanent placement principles for children where possible, requiring authorities to investigate whether putting a child up for adoption is preferable to putting them in foster care.
In what section are these “permanent placement principles” outlined?
Section 10A of the Child Protection Legislation Amendment Act 2014 (NSW)
Where is a child’s right to education outlined?
The Education Act 1900 (NSW)
