TO WHAT EXTENT DOES THE LAW REFLECT MORAL AND ETHICAL STANDARDS OF AUSTRALIAN SOCIETY IN RELATION TO FAMILY MEMBERS?
Family law refers to the area of the Australian Legal System (ALS) which is responsible for issues involving family members including domestic violence, divorce, marriage, surrogacy, and equality between de facto and same sex couples. It is of extreme importance that the ALS protects all family members with a main emphasis on the rights and obligations of parents and children. In regards to a reflection of the moral and ethical standards of Australian society in relation to family members, the ALS has displayed effectiveness towards the reform of laws surrounding domestic violence, divorce, and marriage, however, the ALS is …show more content…
The Family Law Act (1975) was a radical social instrument of its time, which reflected updated and contemporary views towards the breakdown of families, which removed the requirement of a person being at fault and replaced it with ‘irretrievable breakdown of marriage’, allowing couples to terminate a marriage without the requirement of a person taking responsibility. The best interests of the children were the paramount consideration when deciding on parental arrangement following a divorce. This act resulted in the establishment of the family court, which heard cases concerning divorce, the custody of children and property. The Family Law Act (1975) held extreme significance as it demonstrated the ability for family law to efficiently respond to the changing values of the community, reflecting moral and ethical standards of Australian Society at that …show more content…
Morals and Ethical standards of Australian society must be met when reforming laws which protect family members in danger. Further development of family law was seen when a woman named Trish reported her partner for domestic violence in 1993. Her partner was released on bail and Trish was murdered, leading to the Bail Act 1978 being reformed to the Bail (Domestic Violence) Amendment Act 1993, commonly known as “Trish’s Law” by the media. The reform of this legislation removed the “automatic presumption of bail” to protect victims of domestic violence from retaliation of the accused. This reform is extremely effective through the reflection of moral and ethical standards of Australian society and provides effectiveness in showing the ALS’ ability to effectively enforce compliance under family
Family law refers to the area of the Australian Legal System (ALS) which is responsible for issues involving family members including domestic violence, divorce, marriage, surrogacy, and equality between de facto and same sex couples. It is of extreme importance that the ALS protects all family members with a main emphasis on the rights and obligations of parents and children. In regards to a reflection of the moral and ethical standards of Australian society in relation to family members, the ALS has displayed effectiveness towards the reform of laws surrounding domestic violence, divorce, and marriage, however, the ALS is …show more content…
The Family Law Act (1975) was a radical social instrument of its time, which reflected updated and contemporary views towards the breakdown of families, which removed the requirement of a person being at fault and replaced it with ‘irretrievable breakdown of marriage’, allowing couples to terminate a marriage without the requirement of a person taking responsibility. The best interests of the children were the paramount consideration when deciding on parental arrangement following a divorce. This act resulted in the establishment of the family court, which heard cases concerning divorce, the custody of children and property. The Family Law Act (1975) held extreme significance as it demonstrated the ability for family law to efficiently respond to the changing values of the community, reflecting moral and ethical standards of Australian Society at that …show more content…
Morals and Ethical standards of Australian society must be met when reforming laws which protect family members in danger. Further development of family law was seen when a woman named Trish reported her partner for domestic violence in 1993. Her partner was released on bail and Trish was murdered, leading to the Bail Act 1978 being reformed to the Bail (Domestic Violence) Amendment Act 1993, commonly known as “Trish’s Law” by the media. The reform of this legislation removed the “automatic presumption of bail” to protect victims of domestic violence from retaliation of the accused. This reform is extremely effective through the reflection of moral and ethical standards of Australian society and provides effectiveness in showing the ALS’ ability to effectively enforce compliance under family