Legal studies - children and the law
Evaluate the effectiveness of the legal system in addressing the issue of protecting children from abuse
The main function of family law is the care and protection of its members. The law governs the relationships to ensure that children in particular are cared for, protected and finically secure. However, there are gaps in the legal system leading to justice not being served. Australia, as a whole have passed many laws regarding family violence, child abuse and child neglect. Responses to the care and protection of children include legislation, community services (such as DoCS), court proceedings and types of orders.
The Crimes Act 1900 (NSW), the Family Law Act 1974 (Cth) and the Children and Young Persons (Care and Protection) Act 1998 (NSW) are the three main pieces of legislation that cite the protection of children. They aim in safeguarding the health and wellbeing of children, including protecting them from violence or abuse and states that certain occupations that must report actual or suspected cases of abuse to authorities, cited in the Child Protection (Prohibited Employment) Act 1988 (NSW).
Also, under the Crimes Amendment (apprehended violence) Act 1999 (NSW), which amended the Crimes Act 1900 (NSW), ADVO and APVO’s can be sought, which were brought in to protect people, including children from all environments. The police can issue these on behalf of a child and can also charge an offender with assault. If these orders are broken, the perpetrator can be charged under the Crimes Act 1900 (NSW) with a maximum penalty of $5500 and/or a minimum two-year imprisonment.
However, although many pieces of legislation aim to protect children (through the uses of ADVO’s, etc) weaknesses still exist within the legal system. This is due to the fact that in order to prove that an ADVO has been breached, it must be proven beyond reasonable doubt, which may be hard to prove. Also, the punishment is a monetary value, which sometimes may not
The main function of family law is the care and protection of its members. The law governs the relationships to ensure that children in particular are cared for, protected and finically secure. However, there are gaps in the legal system leading to justice not being served. Australia, as a whole have passed many laws regarding family violence, child abuse and child neglect. Responses to the care and protection of children include legislation, community services (such as DoCS), court proceedings and types of orders.
The Crimes Act 1900 (NSW), the Family Law Act 1974 (Cth) and the Children and Young Persons (Care and Protection) Act 1998 (NSW) are the three main pieces of legislation that cite the protection of children. They aim in safeguarding the health and wellbeing of children, including protecting them from violence or abuse and states that certain occupations that must report actual or suspected cases of abuse to authorities, cited in the Child Protection (Prohibited Employment) Act 1988 (NSW).
Also, under the Crimes Amendment (apprehended violence) Act 1999 (NSW), which amended the Crimes Act 1900 (NSW), ADVO and APVO’s can be sought, which were brought in to protect people, including children from all environments. The police can issue these on behalf of a child and can also charge an offender with assault. If these orders are broken, the perpetrator can be charged under the Crimes Act 1900 (NSW) with a maximum penalty of $5500 and/or a minimum two-year imprisonment.
However, although many pieces of legislation aim to protect children (through the uses of ADVO’s, etc) weaknesses still exist within the legal system. This is due to the fact that in order to prove that an ADVO has been breached, it must be proven beyond reasonable doubt, which may be hard to prove. Also, the punishment is a monetary value, which sometimes may not