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Evaluate the effectiveness of law reform in achieving justice for family members, and include a description of how the law responds to different family arrangements - HSC - SSCE Legal Studies - Question 19 - 2006 - Paper 1
Question 19
Evaluate the effectiveness of law reform in achieving justice for family members, and include a description of how the law responds to different family arrangements.... show full transcript
Worked Solution & Example Answer:Evaluate the effectiveness of law reform in achieving justice for family members, and include a description of how the law responds to different family arrangements - HSC - SSCE Legal Studies - Question 19 - 2006 - Paper 1
Step 1
Evaluate the effectiveness of law reform in achieving justice for family members
Answer
Law reform plays a crucial role in achieving justice for family members by addressing various aspects such as custody, support, and domestic violence. A significant piece of legislation is the Family Law Amendment (Shared Responsibility) Act 2006, which emphasizes shared parental responsibility. This law attempts to create a more balanced approach to parenting post-separation.
Moreover, the Child Support Assessment Act 1989 focuses on ensuring that both parents contribute to the welfare of their children, which is vital for achieving justice in financial matters affecting family arrangements.
In evaluating these reforms, it's essential to consider the varying effects on different family structures, including single-parent families and blended families, where traditional laws may not fully apply. Family arrangements such as cohabitation and de facto relationships are also affected by legislative changes, allowing more contemporary recognition of family dynamics.
Challenges remain, however, particularly in enforcing these laws consistently across different jurisdictions, and issues such as the impacts of technology on family relationships also pose questions on efficacy.
Step 2
Describe how the law responds to different family arrangements
Answer
The legal response to different family arrangements has evolved significantly. The Family Law Act 1975 originally focused mainly on traditional nuclear families but has since adapted to recognize a wider range of family structures.
For instance, the recognition of de facto relationships allows partners in such arrangements to seek legal protections equivalent to those granted to married couples. This shift acknowledges the diverse nature of family structures in contemporary society.
Additionally, laws like the Marriage Act 1961 have been revised to include same-sex couples, thus ensuring equal recognition under the law, which is fundamental to achieving justice for all family members.
The law’s acknowledgment of different family arrangements requires continuous reassessment to ensure that all family types are adequately addressed and protected under current legislation.