... * Men and women… without any limitation due to race, nationality or religion have a right to marry and found a family…entitled to equal rights…(Article 16; UDoHR) 2. RESTRICTIONS AS TO MARRIAGE * S 88E – Cannot marry overseas (same sex) and return and legally register marriage (Marriage Act) 3. ELEMENTS OF MARRIAGE * Dwelling under the same roof, sex, mutual society and protection, recognition of marriage in public and private relationships (Todd and Todd) 1. ONE and ONE woman – monogamous mature (serial polygamy is permitted – remarriage after a former marriage has been dissolved) i. S 6 FLA – Polygamous relationships entered outside of Australia, shall be deemed to be a marriage when changing domicile to Australia 2. HETEROSEXUAL (Corbett v Corbett) 3. FOR LIFE 4. VOLUNTARILY ENTERED INTO 4. LEGAL IMPLICATIONS OF MARRIAGE * Entitled to certain rights and owe legal responsibilities a) DETERMINE “TRUE SEX” i) CORBETT AND CORBETT a. Chromosomal: XY Male b. Gonadal: Male (testicles prior to operation c. Genital: Male (prior to operation WHAT YOU ARE AT BIRTH IS WHAT YOU ARE ii) RE KEVIN a) Peers and family considered him to be male b) Identified himself (since a young boy at male) c) Underwent irreversible operation to become male WHAT YOU ARE AT TIME OF MARRIAGE IS WHAT YOU ARE...
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...Introduction The issue of domestic violence has been examined continual both nationally and internationally, and has generated substantial amounts of literature and observed work on the subject. In 1980, women in the United States joined with women globally to illuminate domestic violence as a concern that needed international attention (Alhabib, Nar, & Jones, 2009). Adding credibility to the cries of women internationally, the United Nation “International Bill of Human Rights” in 1979, and the convention of the elimination all forms of discrimination against women in 1985, was enacted to prevent the unequal treatment of women (Weingourt, Maruyama, Sawada, & Yoshino, 2001). Intimate Partner Violence threatens the lives of women socioeconomic well-being, security, and the lives of millions of women globally each year (McAllister, & Roberts-Lewis, 2010). Women of every class, color, socioeconomic status, and religious association experience the affects of intimate partner violence is frequent, complex, and far-reaching with social and economic consequences (Ringel, & Park, 2008). Interpersonal violence has become a human rights and socioeconomic problem (Hageman & White, 2001). The cost and consequence of which are revealed in the expenditures of global governments. The socioeconomic cost of domestic violence as shown is shocking: “Australia $700 million; Canada $1.2 billion; Chile $1.73 billion; Nicaragua 32.7 million; Jamaica $454,000 or...
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...The changing role of women in Australia has come about largely through waves of feminism. The first wave brought women the vote in federal and State elections. The colonies began to grant manhood suffrage halfway through the nineteenth century, however, women were not included in the begining. When Australia reached Federation in 1901, it was agreed that all women should be given the vote at a federal level since women from South Australia and Western Australia already had a State vote. In 1902 all women were given the vote in federal elections except for those who were Indigenous Australians, or of Asian, African or Pacific Islander descent. Despite the enfranchisement, no woman was elected to an Australian parliament until 1921. The first federal female parliamentarians were not elected until 1943. This is just one example of how enfranchisement fell short of truly improving the lives of Australian women or changing attitudes about them. Women were still seen as nurturers who had no other destiny than to marry and raise children. The few women who did work (excluding the wealthy who were involved in voluntary work) not only had to find paid work, but also had to carry the burden of all housework and child-rearing. The notion of what jobs a woman could do expanded during World War I, but women's role in public life was still very limited. Factors which brought about the women's movement Contrary to popular belief, women's groups and activists remained active throughout the...
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...An Assessment of Feminism fighting violence and pornography Feminism, and the lack of equality for women when compared to men, was the key subject throughout the readings in WC2001. Feminists have fought for equality over a long period of time, and women’s rights have improved in many poignant areas. Unfortunately, a lack of knowledge concerning women’s history is letting the new generation’s views be warped by the media concerning the advancements feminism has successfully made for women throughout the world. However, even now, women are still disadvantaged, especially concerning domestic violence and the sex industry, where men are dominating women and enjoying all the benefits, while the women involved, suffer. Feminism has fought hard against such inequalities for the women’s sake, but now it is time for the men to stand up and fight too. The word “Feminist” brings many mixed reactions throughout society; it has been these reactions that have shaped people’s views towards joining a progressing women’s movement, which is bent on bringing equality for ladies everywhere. Before I started WC2001 I was one of those people who viewed feminism as a negative movement. My views were not based on any actual knowledge, but shaped by my society and the media. My lack of education in women’s history prevented me from addressing feminist views critically and most importantly, accurately. This lack of knowledge, which is commonly found throughout society, makes it easy for the media...
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...Brett Burt SWK-414 International Social Development Session 3 2010. APA Date submitted: 17th December 2010. via EASTS I, Brett Burt, have read and understood the Charles Sturt University Plagiarism Policy. I declare that this assignment is my own original work and represents my intellectual property. It does not contain the work of others without appropriate reference being made. Essay Question ‘Critically discuss the meaning of international social work and social development and demonstrate your understanding of the integrated perspectives approach by analysing and applying to an issue such as local level development, poverty, post conflict reconstructions, forced displacement.’ International social work seems to mean different things to different people in different communities, across the globe. Even the term ‘social work’ is often hard to pin down in the Western tradition. The first ‘constant’ seems to be the history of the development of social work in Britain after the Industrial Revolution and then across the western world predominantly in the United States. Second, social work as a profession arose as the result of the issues thrown up by the Industrial Revolution, such as mass movements away from rural based living, agricultural jobs reduced, with massive technological innovations commencing as far back as the development of the steam engine. Third, social work as a profession is united by its values which are social justice and a need to...
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...2009 > hot topics 69 TOPICS HOT L e g a L i s s u e s i n p L a i n L a n g u a g e This is the sixty-ninth in the series Hot Topics: legal issues in plain language, published by the Legal Information Access Centre (LIAC). Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours)...
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...Beginning a Life in Australia Welcome to Australia English DIAC12/01138.11 The Beginning a Life in Australia booklet is produced by the Department of Immigration and Citizenship (DIAC) and is published online at www.immi.gov.au/living-in-australia/settle-in-australia/beginning-life It is recommended that you view the booklet on a computer as it contains links to many websites that provide additional information. The booklet is reviewed and released annually and is available in PDF format. If you would like to provide comments or suggestions about the Beginning a Life in Australia booklet you can complete the online feedback form on the department’s website at www.immi.gov.au/contacts/forms/services/services-form.htm Note: If you wish to speak to a government department or non-government organisation and you need the assistance of an interpreter, ring the Translating and Interpreting Service (TIS National) on 13 1450 during business hours, which are generally 9.00 am to 5.00 pm. Ask TIS National to set up a three-way conversation between you, one of their interpreters and the organisation you wish to speak with. See Chapter 2, Help with English for more information about TIS National. Telephone numbers: Telephone numbers beginning with 1800 are free calls if you ring from a private telephone and cost the same as a local call if you ring from a payphone. Numbers beginning with 13 or 1300 are charged at local call rates. Some 1300 and 1800 numbers can be used only from...
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...Victims of sexual trauma are often left with devastating consequences that affect the physical, psychological, social and even financial part of their lives. Because the rate of sexual violence continues to increase, researchers study the side effects extensively. Adverse effects of sexual violence are individualized and very diverse, leaving victims with a broad range of impacts. This paper will define what sexual trauma is and the devastating effects it can leave on the lives of the survivors. It will cover different variables such as the psychological impact of the immediate, short term and long term as well as the physical, social, and financial effects of childhood and adult sexual trauma. This paper will hope to promote further discussions on the effects of sexual trauma left on the lives of the victim as to help any individuals and organizations that might work with the victims of such violent acts. The analysis of this report would aim to support individuals working with victims in the recovery process of sexual trauma from family support, spiritual support, and the counseling process. Understanding the Effects of Sexual Trauma According to Basile & Saltzman, (2002), the definition of sexual violence was developed by U.S. Centers for Disease Control and Prevention. The definition as stated in the Sexual Violence Surveillance Uniform Definitions And Recommended Data Elements is “sexual violence includes completed or attempted penetration of the genital opening or anus...
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...DOMESTIC CHANGING HEORY CHANGING PRACTICE 1. Introduction Throughout our world, violence confronts us daily. We hear about it on the news. We read about it in newspapers and on the Internet. We experience it subtly and overtly in all cultures and across nations in incidents ranging from ethnic slurs to hate crimes to violence carried out in the name of ideology. Such incidents of violence tend to be easily seen as they fall within the public domain. Less visible, however, but often more devastating, is the domestic violence that occurs within the family and often against women. The International Council of Nurses (ICN) (2001) notes in a summary of research done on four continents that as many as 20 to 50 percent of all women in the studies reported experiencing partner violence. But what are the links among domestic violence, health care profession, nurses, and ethics? In moral philosophy, there is a long tradition of debate on whether true moral dilemmas can exist, some arguing that it will always be possible to decide which obligation should prevail. On this concept regardless of the abstract possibility of an ideal resolution and the pragmatic reality that decisions are made and people have to live with them. An ethical dilemma presents a choice that must be made between two mutually exclusive courses of action, each of which is perceived to rest on a moral obligation that carries significant weight for the actor confronting the dilemma. According to Draucker...
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...What the Government should do in regard to China policy following the 2013 Federal Election 30 July 2013 at 22:44 Some Australian commentators claim that Australia is at a cross roads, and that it is unprecedented that its largest trading partner is not its closest ally.[1] In fact, its major ally and largest trading partner are engaged in a Cold War power struggle. They go on to say that solving this ‘unprecedented’ situation is Australia’s greatest foreign policy conundrum for at least the next decade.[2] However, Australia’s situation is not unique, neither in the region nor in its own history. By considering the recent positions of the major political parties this essay will examine Australian and Chinese foreign policy in relation to the importance of the Australian-Chinese relationship and whether we need to choose between China and America. Lastly, I shall recommend strategies for the Australian government to implement regarding its China policy. The overarching foreign policy aim for both the ALP and Coalition is serving Australia’s national interest, which can be broadly broken down into four main goals: maintaining the territorial integrity of Australia, including the safety and security of its society and economy; ensuring regional stability and preserving the existing regional balance of power; the sea lanes that make up the arteries of international trade remain open; and responding to new security threats.[3] Included in the last goal are terrorism, international...
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...killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted Assault and Battery Assault Definition: Assault is the threatening to do violence to someone Battery Definition: Battery is the attacking of another, causing actual physical...
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...Risk factor for Elder Abuse 10 Individual factors 10 Factors of Relationship 11 Factors of Community and Society 12 The result of elder abuse 14 Domestic Settings 14 Treatment in institutions 14 Preventing Elder Abuse 15 Feedback from national level 16 Responses from local people 18 Social Service 19 Health Care 20 Legal Proceeding 21 Campaign to generate public awareness 22 Recommendations 23 Greater Knowledge 23 Causes of the abuse 24 Impact of abuse 24 Evaluating the process 24 Stringent laws 24 Basic Rights for Elders 25 Traditions 25 Other preventive measures 26 Conclusion 27 Reference 28 Introduction The history of elderly abuse is not a very new phenomenon. It can be traced back from a very early age if we flip through the sociological status of yesteryear. However with the passage of time and further defining a goal to reform child abuse and domestic violence, the objective of elderly abuse has also been considered in the agenda. Unlike other form violence, the elderly violence has come into limelight with the progress of public health and criminal justice. The issue of these two forms has paved a way to view, analyse and curb the issue on violence towards senior citizens of a society. This paper will focus upon the issues concerning upon the violence that affects the elderly people either in house or in an institution. Moreover it will also cite the specific crime that usually occurs with elderly people which can be...
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...Unfortunately, bullying is an increasing problem within the organization. To date, there are approximately 54 million people out there who have been victims to workplace bullying; of which, 45 percent suffer from various health problems due to stress and 40 percent were either fired because their work productivity diminished or they eventually quit because they couldn’t handle it anymore (Bennett-Alexander, 2012). Since bullying is such a common offense, it is often difficult to detect. This briefing will provide information about the problem, guidance on how to tackle it before it gets out of control, and what to include in an effective prevention policy and how to put it into action. What is bullying? The Occupational Safety and Health Administration (OSHA) classified workplace bullying not only as a form of harassment; they also gave bullying its own category under their definition of workplace violence (“Workplace violence”, n.d.). If not dealt with immediately, the bullying has the potential to lead into something more severe or fatal. Bullying is not just an employment problem; it’s an issue of power and feeling dominant. It can also raise health and safety concerns. With the introduction of relevant policies and gaining the support of its members, any organization can prevent a culture of bullying. OSHA’s description of bullying involves unwanted physical contact, public humiliation, name-calling, starting rumors about a fellow employee, making another employee...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...LIVE IN RELATIONSHIP http://en.wikipedia.org/wiki/Cohabitation_in_India Cohabitation or live-in relationships in India though not illegal, is considered socially and morally improper. Cohabitation is prevalent mostly among the people living in metro cities in India. Legal decisions[edit] Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.[1] In S. Khushboo Vs. Kanniammal & Anr.,[2] the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr.,[3] held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. [4] has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. [5]dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out...
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