Evaluate the Effectiveness of the Austraian Legal System in Adressing Family Issues

2296 words 10 pages
Evaluate the effectiveness of the Australian legal system in recognising and protecting the changing nature of the family’.

Society has often advanced quicker than the Legal system and often the Legal system tends to lag behind or sometimes has to tend to societal values. An area that the legal system seems to be addressing with respects to societal values is through recognising and protecting the changing nature of the family. The Australian Legal system has been moderately effective in recognising and protecting the changing nature of the family, through various legislation, and common law the Legal system has effectively been able to recognise and protect the changing nature of the family in regards to key areas such as de facto
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This seems to be the only difference between Same Sex couples and De Facto relationships. The human Rights Equal Opportunity commission released its same sex entitlements report which outlined 58 different legislations were same sex couples had been discriminated against and with over 100 federal laws ignoring same sex couples. This report highlighted the discrimination and ineffectiveness of the Australian legal system to addressing the changing societal values of accepting same sex relationships. This is further emphasised in the article “100 laws ignore same sex couples” March 1st 2008, Patricia Karvelas which reveals the flaws and the discrimination against same sex couples.

However since the 2007 report much has been done in order to protect and recognise the changing rights of the same sex relationship. This includes the recognition of same sex couples as De Facto couples thus making them recognised and protected amongst society highlighting the laws effectiveness in doing so. The catalyst for this being the 1995 case Hope and Brown vs. Nib Health Fund Ltd. The case found that the health fund had been discriminatory towards the couple and that they should be allowed to have their own insurance fund together. This case highlights perhaps the beginning in a long list of rights being

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