Family Option (1 Viewer)

[= Jennifer =]

i do not do the family option but when i was searching for law reform stuff i stumbled across a site that may be of help for those doing the option

http://www.abc.net.au/nsw/stories/s1071719.htm

i hope it is of some assistance to you

 

[MouNtY]

hey thanx....your a champ

 

[Modern Hot Chic]

I found an article ages ago about a boy who killed his mother when she was really sick how and why would that come under crime and / or family? please help

 

[Sophie777]

It would be crime. How the law responded to this issue may have something to do with family law. But any murders are heard in the supreme court so I don't think it has anything much to do with family.

 

[Modern Hot Chic]

thanks hon

 

[digmahstigma]

i was wondering if anyone would be able to help me with justice for society in relation to family law. In particular, in assessing community standards and expectations. i guess youd talk abt how australian society is generally conservative when it comes to homosexuality etc? or do you think thats too broad a generalisation?

 

[DaRanjed]

I found an article ages ago about a boy who killed his mother when she was really sick

Just out of curiosity, what defence would the boy be able to use?

I reckon the law is changing along with society's views on homosexuality.
Society is becoming more accepting and the law is reflecting that. (Anyone have any legislation or case law to support that?)

BUT there's still discrimination because homosexual couples aren't allowed to adopt.

 

[digmahstigma]

im not really up to date, i have a few articles like this though:

Govt to outlaw gay marriage

Thursday, May 27, 2004. 8:27pm (AEST)

ABC NEWS ONLINE

Prime Minister John Howard says the Government plans to ban same-sex marriages in Australia and stop gay couples from adopting children from overseas.
However, the Government has introduced legislation allowing same-sex couples to nominate their partner as the beneficiary of superannuation payouts.
Under the proposed changes, if a person dies their superannuation benefits could be transferred to another person if they had been living together in an "interdependent relationship".

The Coalition partyroom has approved changes that would prohibit gay and lesbian couples from adopting children from overseas. But the Commonwealth will not override any state or territory legislation allowing adoption by same-sex couples.

Mr Howard says the Government also plans to ban same-sex marriages in Australia. He says marriage will be defined as the union of a man and a woman.
"We've decided to insert this into the Marriage Act to make it very plain that that is our view of a marriage," he said.

"The Government takes the view that not only is it a statement of its attitude towards marriage but it's also a necessary assertion by the Parliament of the country above all others to define what is regarded in our community as a marriage," Mr Howard added.

does anyone know if that's still going through/has gone through?

 

[skittlebrau]

I reckon the law is changing along with society's views on homosexuality.
Society is becoming more accepting and the law is reflecting that. (Anyone have any legislation or case law to support that?)

But what about the homosexual advance defence? I think that's a definite step backwards!

 

[DaRanjed]

skittle, can you tell me about that?

 

[angel_babe]

Help with Community standards and expectations.

i was wondering if anyone would be able to help me with justice for society in relation to family law. In particular, in assessing community standards and expectations. i guess youd talk abt how australian society is generally conservative when it comes to homosexuality etc? or do you think thats too broad a generalisation?

I'd b suprised if you got that theme in the exam becoz it is a minor theme. It could also be compared with community rights or individual rights or standardsm and how they might conflict each other. Some things you could mention is:
* Defacto Relationships - changed to be recognised in society. The law now supports people with defacto relationships thru the Defacto Relationships Act 1984.

* Laws covering domestic violence

* The definition of marriage and definition of a family (blended, extended, and nuclear, single parent families - information on this can be found in the community and family studies section)

* ex-nuptial children (children born outside of a marriage)

I just had a look thru my notes on my computer, and i found this.... hope its helpful!

The extent to which law reflects the moral and ethical standardsJustice Windeyer stated that the "law marches with medicine, but in the rear and limping a little." Indicates the slow evolution of law.
Family Law has been shaped and governed by perceptions of what the family is and how it is changing. The changing role of women is also significant.
The Property (Relationships) Act reflected an acceptance of de facto couples rather than them being branded as immoral. Similar with the recognition of same-sex r/ships (many church groups and politicians oppose this).
The dissolution of marriage has been made more effective by the introduction of no fault divorce. Also best interests of the child principle acknowledges a change on how society views children. We see their vulnerability.
In 1988 20% of people surveyed in the Community Attitudes Towards DV thought a man was justified in using violence against a spouse. By 1995, over 90% of people interviewed by the Office of the Status of Women felt DV was a crime.
The development of Birth Technology has not only challenged morality but also the ethics of scientifically manipulating child conception and birth.

 

[rob333]

for the homosexual case thing, there is one called toonen vs tasmaina...i cant really remeber what its about so correct me if im wrong, but i think it was a case that toonen took on the state because he thought that by making homosexualism illegal (i know...not a real word), that his civil and political right to selfdetermonation and privacy were violated, and thus brought about the decriminalisation of homosexuality.

 

[digmahstigma]

for the homosexual case thing, there is one called toonen vs tasmaina...i cant really remeber what its about so correct me if im wrong, but i think it was a case that toonen took on the state because he thought that by making homosexualism illegal (i know...not a real word), that his civil and political right to selfdetermonation and privacy were violated, and thus brought about the decriminalisation of homosexuality.

yep, he took it to the human rights commission. homosexuality has been decriminalised but same sex couples dont have the same rights as hetrosexual couples, and i guess thats where the 'step backwards' comes in

lol ps i think u must have gotten self determination confused with something else, as thats a collective right and not individual.

 

[kelboo]

Jenni ur a champ... I was trying to find that article in my notes to quote it, and the date and title disappeared somewhere in my jungle of shit in my room.
Sanx

 

[skittlebrau]

skittle, can you tell me about that?

It's really awful... I'm not sure of the exact details but it works similarly to provocation. If a gay guy hits on a straight guy, the straight guy is excused for lashing out at him.

 

[rob333]

i think self determonation is both... civil and political and a collective right... . im pretty sure its in the list in the text book... i might just go check on that .. hmmm

 

[DaRanjed]

Damn skittle, I never heard about that.
Talk about injustice.

 

[miss_unsquiggle]

It's really awful... I'm not sure of the exact details but it works similarly to provocation. If a gay guy hits on a straight guy, the straight guy is excused for lashing out at him.

I guess u could also link that to relaxing societal attitudes to homosexuality though because I'm pretty sure that partial defense is used less and less nowdays because today juries are less likely to find it acceptable for a man to be abused or murdered for merely making a pass

(the things u learn from gabrielle lord in eng ext 1 c.f lol)
I think thats right anyway
its probably not that strong a link to someones question before but u could kinda use it