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Latest News

LGBT rights in Australia:

On December 9, 2017, the Australian LGBT community was protected by all sorts of discrimination, and they were given the same rights and responsibilities as the others in the country. The same-sex marriage was legalised in Australia, and the legal definition of marriage in the Marriage Act 1961 has been changed from a union of a man and women to union of two people. Changes were also made in sex discrimination act, family law act, migration act, Defence Force Cover Act etc.

Religions and LGBT right:

Same-sex marriages were legalised in the country, but that does not mean that it forced the religions to conduct or accept such marriages. If a religious organization does not want to conduct same-sex marriage at the church or at other facilities no one can force them into doing so.

Recognition of couples who got married overseas:

Australian couples who got married overseas will be recognised under the law, and this will also make it easy for them file a divorce. The same applies to all future same-sex marriages which are held overseas.

Change of gender:

People who have previously changed their genders were unable to change their sex in their birth certificates and other documents, but now anyone can change their genders on their birth certificates if they had changed their gender.

Refusal of Service:

A law has been made where the taxi drivers, bakers, photographers, florists etc. cannot refuse to provide service for the LGBT community to prepare for their wedding.

Age of consent:

The age of consent law applies to all the states and territories in the country, and it is applicable for everyone regardless of gender or any other sexual orientation. The age of consent is 16 except for South Australia and Tasmania where the age of consent is 17.

Protection against discrimination:

In the year 2013, discrimination against gay, lesbian, transgender and bisexual was made illegal under the law for the very first time. The Aged care providers will not be able to reject people or discriminate people based on their relationship or sexual orientation or their intersex status.

Adoption and parenting rights:

Australia has recently brought about the law that same-sex couples can adopt children in all the states and territories in the country. Altruistic surrogacy is also made legal in Australia but commercial surrogacy still illegal all over the country.

Public’s acceptance of homosexuality:

In the year 2013, about 79% of the public accepted homosexuality in the society and Australia was the 5th most supportive country after Spain, Germany, Canada and the Czech Republic. Sydney is considered to be one of the most gay-friendly cities in the entire country and even in the world. Though the rules and regulations were quite strict in the previous years, Australia has made so alterations to its laws so that discrimination is eliminated in the country.

Legal System – The Constitution of Australia

When having a look at the legal system in the land down under, there are various things to consider and be aware of. Everything from legal concepts to the systems of governance in the country itself, the general legislative process, the main sources of law, both civil and criminal litigation, reporting restrictions, burdens of proof penalties, evidentiary requirements and last but not least, the many different roles that range from the judge to the council. These all form a crucial part of that which is the legal system.

The Australian Constitution Plays a Vital Role in the Legal System

Although Australia has a formal written constitution which is referred to as the Commonwealth of Australia Constitution Act 1900, it is also known as the ‘Commonwealth Constitution’ and sometimes, the ‘Australian Constitution’.

It contains many different sources of legislation, but one of its main sources includes section 9 of the ‘Australian Constitution’. It is considered to be a federal constitution, as well as a supreme law and general framework for the government. This constitution also acts as a solid platform for agreement between the country’s different states and territories. These include New South Wales, Victoria, Queensland, Southern Australia, Western Australia, Tasmania and surrounding territories.

According to section 107 of the Commonwealth of Australia Constitution Act 1900, the states all have the right to maintain their own state constitutions which are referred to the use of the state’s name of which they apply to. Victoria’s state, for instance, would be referred to as the “Victorian Constitution” and not necessarily the country as a whole.

Constitutional Sources Impacting Australian Law

The Statute of Westminster 1931

This act was created as an Act of the UK’s Parliament which allowed Australia to repeal to the legislate extra-territorially from the UK legislation. This act allowed Australia to make laws of their own and eliminated the power of the UK over Australian law. Although this qualified Australia to be independent of the UK, there was no legislation which granted official legal recognition of the country’s independence. The UK was thus prohibited from making laws for Australia unless they had consent to do so.

The Australian Act 1986

This Act was known from being a statute between both Australia and the UK but was also the reason why these two powerful countries broke ties with one another.

General Constitutional Features – A System of Governance

The constitution provides a system of government that which has a responsibility to both the people and the representatives of the people. This is delegated through the institution of Commonwealth Parliament.

The constitution includes the head of state which is the Queen. Her powers are exercised by a Governor-General who serves as the Queen’s representative in the Commonwealth Parliament. His/ Her position involves the summoning, as well as dissolving of Parliament and providing approval to all legislation.

The structure of the constitution of Australia consists of three parts which are the Queen, the House of Representatives and the Senate.

This structure forms an integral part of the legislative governance of Australia.

Joining the Australian Justice System

If you dream about being a part of an amazing group of individuals that strive towards achieving the optimal safety and perfect harmony in your country and all its people, then joining the Australian justice system might just be the career for you. This not only includes fending for others as an officer or by federal means, but also as a lawyer and judge.

Now, according to statistics, crime is far more limited in this country than most and that is because Australia has an incredible force of individuals fending for its country. One of the best in the world, to say the least.

Joining the justice system will not only earn you that title of brave and well, ‘good human’ but also allow you to make a positive contribution to your country through the work you do each day.

The Fundamentals of the Australian Legal System and What you Have to Know

The justice system in Australia is based on a common law system which was derived from the UK and is actually one of nine different justice systems in the country. These are also divided into eight different territories and states in Australia. The High Court in Australia has the responsibility of interpreting and applying laws, which is then applied to the country as a whole.

Depending on the nature of a case, cases get divided and referred to different courts. Some deal with a few different jurisdictions and some deal with many.

Deciding Where you Fit in

Once decided that you want to work for the justice system in Australia, you also have to conclude which specific job you’d like to do. One of the biggest things to consider is which occupation and job title you’d like to obtain. Be sure to research each and every one before making a decision. It’s important to choose wisely.

Once you’ve decided on an occupation in the justice system, you have to decide where you’d like to work and which state or place would be perfectly suited for you. You could choose to either work in a federal office which are responsible for all the laws in Australia, or you could choose to work in a local territory or state office of which you already live in. Whichever you choose, try to always have an open mind and be realistic about what’s right for you and whether you’ll be able to do well in that specific occupation.

Working for the Government

If you are serious about a career in Australia’s legal system, be sure to connect and for strong business relationships with those who already work for different governmental and federal offices and courts. While it might seem easier to apply for a job online, it’s important to remember that it’s not what you know but who you know. In most cases anyway. If you can make an impression by personally meeting individuals in those fields, your foot is already halfway in the door.

Introduction to Domestic Violence Laws in Australia

Just like any other country in the world, Australia also experiences a great deal of domestic violence. Especially against women.
According to statistics, one out of three women in Australia either experiences or have a history of domestic violence. This usually includes physical violence.

Australia has long been recognized as one amazing country, but unfortunately, each and every country in the world has its own set of things and even this country is not an exception to the rule. Although recognized as a country with the lowest crime rates, with a disturbing statistic like that, violence laws and domestic laws are more important than ever before. These laws were established to prohibit and prevent violence within families and their homes.

 

Understanding Domestic Violence

Domestic violence is a term that is known and used around the world and is one such that many tend to avoid. It is not a subject considered to be pleasant and is often swept under the rug. In a broader sense, it refers to an individual, which could be either a woman, man or child, that is treated in a wrong way. This includes the presence of violence and any other type of behaviour contributing to violence such as trying to control others, as well as having a dominating approach towards others.

Above all else, physical violence is the most common sign that someone is being subjected to domestic violence. It takes many different forms. These include sexual abuse, verbal abuse, financial abuse, stalking, cruelty towards pets, isolating an individual geographically or socially, emotional and psychological abuse and stalking.

Although these violations are often hidden by those who are experiencing it as they might be living in fear, the Australian jurisdictions have several specific laws that are aimed to curb these types of violence. The law also supports the principles in the United Nations Declaration on the Elimination of Violence against Women, as well as the United Nations Convention on the Rights of Children.

Child Abuse in Australia – A Solution

According to Section 67ZA (2) of the Family Law Act 1975, there has been a notification established that any children experiencing abuse or are suspected to be abused in their home, whether it’s by their parents or caretakers, should be reported. This law also remains relevant if one suspects that a child is at risk of being abused.

Such an allegation or any similar allegations should be reported to a legal professional which includes registrars, a deputy registrar of a registry or a family court in Australia, family consultants, family counsellors, arbitrators, independent lawyers.

Other than that, beyond federal legislation, Australian states and territories also require doctors, teachers, medical and mental health care professionals to report child abuse if there are any legal grounds of concern regarding a child.

Australia is a strong country and one that cares about its citizens. The legal professionals of this country will always strive to help and assist in any way they possibly can.

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