In applying the framework, students learn about the legal nature of the institution of marriage, the rights and obligations of family members and the effectiveness of the law for achieving justice.
Outcomes
A student: H1.1 applies domestic and international legal vocabulary in appropriate contexts H2.3 evaluates the effectiveness of domestic law in responding to global challenges H3.1 analyses the interrelationship between law, justice and society and the changing nature of law H3.2 assesses how cultures and values of different groups within society impact on the legal system H3.3 evaluates the effectiveness of the processes and mechanisms of change in the legal system H3.4 analyses legislation, cases, media reports and opinions to review arguments for change and reform in the law H4.1 analyses specific problems encountered in gaining access to the legal system H4.2 assesses the effectiveness of dispute resolution mechanisms H4.3 explains rights and responsibilities and evaluates the provisions of domestic and international legal systems in addressing these issues H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias H5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations H5.3 communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms H5.4 uses planning and review strategies to manage effectively the competing demands of complex tasks and makes effective use of time and resources.
Content
Students learn about: Key Legal Concepts and Features of the Legal System • concepts of a family in the law – the different functions of a family as dealt with by the law – the institution of marriage, including the legal definition of marriage, requirements of a valid marriage, including marriageable age, parental consent, prohibited degrees of relationship, notice of marriage, requirements for a valid marriage ceremony and marriage licence – legal consequences and responsibilities of marriage, including mutual duties of husband and wife, maintenance, property rights, agency, wills and family provision legislation
– legal rights and obligations between parents and children, including care and control, education, discipline, medical treatment, autonomy of children and inheritance
– dissolution of marriage
Legal Issues and Remedies
• alternative family arrangements, including Aboriginal and Torres Strait Islander peoples’ customary law marriages, single parent families, blended families, same sex relationships, polygamous marriages, de facto relationships and all family agreements
• parents and children, including United Nations Convention on the Rights of the Child, birth technology and surrogacy, ex-nuptial children, adoption and guardianship
• problems in family relationships, including causes, legal response to violence between spouses, by and against children, children in trouble, including care and abuse issues
• children’s courts and legal aid
• dissolution of marriage, including development of family law legislation and the Family Court of Australia
• counselling, limits of the court’s jurisdiction, parental responsibility and parental orders (including residence, contact and child maintenance), property allocation, spousal maintenance and problems of enforcement
• agreements, including parenting plans, cohabitation agreements and pre-nuptial agreements
Morality, Ethics and Commitment to the Law
• the extent to which law reflects moral and ethical standards
• commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law • factors to be considered when evaluating the effectiveness of law in achieving justice: – for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
– for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
• the agencies of reform and the conditions that give rise to the need for reform
– law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues • What are the familial arrangements recognised by law? Why does the law respond differently to different arrangements? What changes have taken place in this area?
• Why is marriage a legal institution?
• How does the law respond to domestic violence?
• Is the current family law legislation an improvement on previous legislation?
• Why are some aspects of family law dealt with by State courts?
Optional Focus Study 2 – Family
Principal Focus
In applying the framework, students learn about the legal nature of the institution of marriage, the rights and obligations of family members and the effectiveness of the law for achieving justice.
Outcomes
A student:H1.1 applies domestic and international legal vocabulary in appropriate contexts
H2.3 evaluates the effectiveness of domestic law in responding to global challenges
H3.1 analyses the interrelationship between law, justice and society and the changing nature of law
H3.2 assesses how cultures and values of different groups within society impact on the legal system
H3.3 evaluates the effectiveness of the processes and mechanisms of change in the legal system
H3.4 analyses legislation, cases, media reports and opinions to review arguments for change and reform in the law
H4.1 analyses specific problems encountered in gaining access to the legal system
H4.2 assesses the effectiveness of dispute resolution mechanisms
H4.3 explains rights and responsibilities and evaluates the provisions of domestic and international legal systems in addressing these issues
H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
H5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations
H5.3 communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms
H5.4 uses planning and review strategies to manage effectively the competing demands of complex tasks and makes effective use of time and resources.
Content
Students learn about:Key Legal Concepts and Features of the Legal System
• concepts of a family in the law
– the different functions of a family as dealt with by the law
– the institution of marriage, including the legal definition of marriage, requirements of a valid marriage, including marriageable age, parental consent, prohibited degrees of relationship, notice of marriage, requirements for a valid marriage ceremony and marriage licence
– legal consequences and responsibilities of marriage, including mutual duties of husband and wife, maintenance, property rights, agency, wills and family provision legislation
– legal rights and obligations between parents and children, including care and control, education, discipline, medical treatment, autonomy of children and inheritance
– dissolution of marriage
Legal Issues and Remedies
• alternative family arrangements, including Aboriginal and Torres Strait Islander peoples’ customary law marriages, single parent families, blended families, same sex relationships, polygamous marriages, de facto relationships and all family agreements
• parents and children, including United Nations Convention on the Rights of the Child, birth technology and surrogacy, ex-nuptial children, adoption and guardianship
• problems in family relationships, including causes, legal response to violence between spouses, by and against children, children in trouble, including care and abuse issues
• children’s courts and legal aid
• dissolution of marriage, including development of family law legislation and the Family Court of Australia
• counselling, limits of the court’s jurisdiction, parental responsibility and parental orders (including residence, contact and child maintenance), property allocation, spousal maintenance and problems of enforcement
• agreements, including parenting plans, cohabitation agreements and pre-nuptial agreements
Morality, Ethics and Commitment to the Law
• the extent to which law reflects moral and ethical standards
• commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
• factors to be considered when evaluating the effectiveness of law in achieving justice:
– for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
– for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
• the agencies of reform and the conditions that give rise to the need for reform
– law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
• What are the familial arrangements recognised by law? Why does the law respond differently to different arrangements? What changes have taken place in this area?
• Why is marriage a legal institution?
• How does the law respond to domestic violence?
• Is the current family law legislation an improvement on previous legislation?
• Why are some aspects of family law dealt with by State courts?