There was a sense the system had failed a grieving family and this ignited debate as to whether a one punch law should be enacted in NSW. Law reform contains aspect of effectiveness as well as ineffectiveness, but work is still needed before issues surrounding native title and sexual assault will be resolved.
The positive outcomes from the case did not completely outweigh the negatives and the effectiveness of the law is questioned. This was a successful movement for native title as the Indigenous are getting a chance to overturn the concept of terra nullius.
This is effective law reform as it was the first legislation in Australia to establish a land claim process by which traditional owners could claim land. A royal commission into land rights was established and made the Aboriginal Land Rights Act In regards to the Thomas Kelly case, resource efficiency achieved just outcomes.
This led to a noticeable decrease in gang-rape; however the law is still unable to prevent rape all together. The traditional custodians were forced to lose their land and culture and many died to new diseases brought by the Europeans.
The Murray islanders claimed that Queensland sovereignty over the Murray Islanders was subject to the land rights of the Murray Islanders based on local custom and traditional title. Inthe Queensland Government enacted the Queensland Coast Islands Declaratory Actwhich meant various islands around the coast of Queensland became part of Queensland and its law.
In response to public outcry and changing social values towards alcohol fuelled violence, agencies including the NSW Law Reform Commission and the media, non legal agent applied public pressure on the government to introduce one punch laws.
Therefore the act was invalid and referred back to the Queensland Supreme Court for further determination on the issue of native title. This legislation creates greater rights for ATSI peoples as it allows Indigenous people to claim land where they can prove that they have maintained their traditional links with.
It was unjust as they were the traditional owners and guardians of the land who were to use, preserve and celebrate the land for future generations.
The Mabo case abolished the myth of terra nullius and led to the Native Title Act Cth being passed through the federal government. The Yolngu people lost and three years later they began protesting about poor working conditions and pay.
Laws will continue to change as society advances forward in order to protect an individual rights and the community as a whole. The State of Queensland was about the Wik people launching a case against the Queensland Government in the Federal Court, claiming native title rights to their traditional lands.
An example is the Native Title Act and the Native Title Amendment which improves the effectiveness of the groups representing indigenous communities who made a claim. On the issue of terra nullius they stated that it was not part of Australian law. A blanket minimum period of imprisonment for all offenders removes discretion of judges to treat each case on its merits, since cases get the same mandatory minimum punishment.
The court established guidelines for dealing with similar cases and that the federal government could take back native title rights on the condition that the traditional owners receive fair compensation.
New mandatory minimum sentences are an issue in regards to the separation of powers as they limit discretion of judges in hearing cases and are contrary to the rule of law. The law reforms made during the R v Skaf case led to more just outcomes for future sexually assaulted victims, but the lack of law reforms for sentencing and parole periods does not achieve justice for the victims.
Aboriginal Land Rights Act NSW recognised Aboriginal Land rights and recognised that the past government decisions had reduced the amount of Aboriginal land without compensation. The failures of criminal justice systems to provide just outcomes for victims have provoked the need for law reform.
Mabo claimed that a system of native title existed and that they were recognised under Australian common law and the Queensland government argued that native titles were not part of Australian law and the act extinguished any native titles.Family Law Essay on: Assess the effectiveness of law reform in achieving just outcomes for family members and society.
Year 12 Legal studies. Effectiveness of the Law in: 1. ACHIEVING JUSTICE FOR INDIVIDUALS The concept of justice is difficult to ultimedescente.comr, various aspects of a just law can be defined and applied to criminal law to see how effectively the criminal justice system achieves justice for.
May 08, · Assess the effectiveness of law reform in achieving just outcomes with regard to one punch laws. May 8, / dwlegalstudies In reference to one punch laws which came about from reforms to the Crimes ActI believe the law reform process was effective in achieving just outcomes. Assess the effectiveness of law reform process in achieving just outcomes in regard to native title.
In regards to native title, the law reform process overall has been relatively effective in achieving just outcomes for Indigenous Australians. In terms of delivering just outcomes in regard to native title, the law reform process has finally overturned the. Assess the effectiveness of the law reform process in achieving just outcomes in regards to native title Native title is a legal right on Indigenous Australian Communities to live on and use land with which they have an ongoing association.
Law Reform and Native Title Luthfi,Leah,Ben, Nick, Ienash and Grace Definition of law reform: Law reform is the process of examining existing laws, advocating and implementing changes in the legal system. Usually the aim of enhancing justice or efficiency. Terra nullius meaning ‘land belonging.Download