Legal Term Paper

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The effectiveness of the legal system in responding to changes in society?

Change = Native title or sport.
Pick an example and focus on specific areas. For example, discrimination in sport or negligence…etc etc How has the legal system responded? …...by the legal system responding to these changes law reform is occurring.

Issue: fairness to all participants and competitors (discrimination) Criteria: protection and recognition of individual rights and enforceability

Legislation exists to protect people from discrimination, sport included. Legislation such as the Anti-Discrimination Act 1977 (NSW), Racial Discrimination Act 1975 (Cwlth), Sex Discrimination Act 1984 (Cwlth) and Disability Discrimination Act 1992 (Cwlth) all prohibit discrimination against people and groups in sport. Discrimination occurs when a person is treated less favourably. For example, if a woman wishes to play soccer and she deserves her place on ability, then she should be in the team. If the organisers of a tournament were to argue that there are no women’s toilets at the competition venue, that would not be an acceptable reason for banning female participation. The organisers would have to make arrangements to get around this problem. Failure to do so would be discrimination. For example, the Sex Discrimination Act 1984 (Cwlth) makes it unlawful for an educational authority to discriminate against a person on the basis of sex. This particularly applies to sports played up to the age of 12 years.

Therefore, legislation exists to protect and recognise the rights of individuals. Sporting organisations cannot place restrictions on athletes without acceptable reasons. In this example, the female soccer player is protected by Australian legislation with her basic human rights upheld by the law. It can be clearly seen that the law in certain circumstances achieves justice for individuals exposed to gender discrimination.

On the other hand sex discrimination...
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