Support Material for Legal Studies


Option 3: Family 25% of course time

:)


Download 0.84 Mb.
Page9/14
Date conversion04.09.2017
Size0.84 Mb.
1   ...   6   7   8   9   10   11   12   13   14

Option 3: Family 25% of course time



Principal focus: Through the use of contemporary examples, students investigate the legal nature of family relationships and the effectiveness of the law in achieving justice.
Outcomes

H1. identifies and applies legal concepts and terminology

H2. describes and explains key features and the relationship between Australian and international law

H3. analyses the operation of domestic and international legal systems

H4. evaluates the effectiveness of the legal system in addressing issues

H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change

H6. assesses the nature of the interrelationship between the legal system and society

H7. evaluates the effectiveness of the law in achieving justice

H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international instruments and documents

H9. communicates legal information using well-structured and logical arguments



H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:

  • the role of the law in encouraging cooperation and resolving conflict in regard to family

  • issues of compliance and non-compliance

  • changes to family law as a response to changing values in the community

  • the role of law reform in achieving just outcomes for family members and society
  • the effectiveness of legal and non-legal responses in achieving just outcomes for family members.




Assessment: Media file.


Students learn about:

Students learn to:

Suggested teaching and learning strategies

Themes and challenges

1. The nature of family law










  • the concept of family law




  • discuss the difficulty of defining ‘family’ and the changing concepts of family

Define family, discussing the difficulty of defining the concept.

Role-play: Family types. Give each student a description of a family member and have students pair or group together: ask what type of family they are illustrating.

Discuss changing concepts of family through media and community perception.

  • changes to family law as a response to changing values in the community

  • legal requirements of marriage




  • distinguish between state and federal jurisdiction in family law



Group work: Students to construct mind maps to outline each family relationship. Present information to class. Collect media articles relating to these alternative family relationships.


Construct a table to distinguish legal responsibilities to families between state and federal bodies (eg de facto – state; marriage/divorce – federal). Refer to specific examples including case law and legislation.





  • alternative family relationships




  • outline the legal requirements of a valid marriage




Brainstorm: What is marriage? Compare and contrast to the legal expectation.

Discussion: What are the legal rights and obligations of parents?

Explain the legal rights and obligations of parents and children regarding adoption.







  • legal rights and obligations of parents and children



  • adoption




ICT: Using www.ncylc.org.au/croc/home2.html, access the UN Convention on the Rights of the Child. Students to outline the convention and describe its aims and purpose. Comment on Australian state and federal responsibilities as a result of this document.

Resource: www.familylaw.gov.au/accesspoint





2. Responses to problems in family relationships


  • outline the legal processes involved in dealing with problems in family relationships


Mind map: What problems exist in family relationships?

Discuss why and to what extent the legal system intervenes in family relationships. Describe how and why this intervention has changed over time.







  • divorce



  • legal consequence of separation

  • children

  • property







Define divorce.

Construct a timeline of legislation and case law indicating changes to divorce laws.

Outline the roles of the Family Court of Australia and the Family Magistrates Court.

Describe the legal consequences of separation for children and for property. Discuss why these areas of law are often controversial.

Investigate support services including Family Relationship Centres and non-government community organisations.

Examine the influence of the media on social acceptance, law reform, etc. Provide two examples of media influence.

Resources: Hot Topics, No. 62, Children and families, 2007

Divorce Stories (SBS)

www.familycourt.gov.au/

www.relationships.com.au

www.familyrelationships.gov.au/

www.fmc.gov.au/

  • issues of compliance and non-compliance

  • the role of the law in encouraging cooperation and resolving conflict in regard to family











Excursion: Visit the Family Law Court or a Family Relationship Centre (note that there are limits on the cases that may be viewed). Organise an interview with registrar.

Guest speaker: Family law solicitor, a representative from Anglicare or Relationships Australia.

  • the role of law reform in achieving just outcomes for family members and society




  • dealing with domestic violence




  • evaluate the effectiveness of the law in protecting victims of domestic violence

Define domestic violence.

Construct a timeline including legislation and case law indicating significant changes in the treatment of domestic violence prosecution. Discuss why there has been such significant change in this area.

Investigate legal remedies, eg the police, courts, ADVOs.

Identify and outline the role of non-legal organisations and support services. Use webquest to investigate websites.
Examine the influence of the media in preventing domestic violence, eg advertising campaigns, community education.


  • issues of compliance and non-compliance

  • the roles of:



  • examine the role of non-government organisations and the media in relation to family law





Resources: Hot Topics, No. 66, Domestic Violence, 2008

Australian Story, www.abc.net.au/austory/specials/tildeath/default.htm (ABC)

www.fahcsia.gov.au/sa/women/pubs/violence/Pages/default.aspx

www.whiteribbonday.org.au/About-White-Ribbon-88.aspx

Research cases of domestic violence such as that of Ingrid Poulson in 2003 and explain the extent to which they have been catalysts for change.







  • evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdowns




Guest speaker: Invite the local police Domestic Violence Liaison

Officer to address group.


Debate: ‘The law is ineffective when dealing with domestic violence.’

Written response: Scaffold and complete an extended response on the following:

Evaluate the effectiveness of the law in achieving justice for victims of domestic violence.

Support your answer with a variety of sources including cases, legislation, media, documents and/or international instruments reports.

OR

Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown.

Support your answer with cases, legislation, media, documents and reports.




  • the effectiveness of legal and non-legal responses in achieving just outcomes for family members





3. Contemporary issues concerning family law










Issues that must be studied:

  • recognition of same-sex relationships

  • identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

Discuss the gradual change in societal views relating to same-sex relationships in an Australian and global context. Investigate the extent to which legislation has reflected this change.

Media file: Compile a selection of media articles relating to the recognition of same-sex relationships in regard to, for example, marriage, children, discrimination. Using this information, construct a timeline of same-sex relationship recognition in both state and federal jurisdictions.

Using a range of websites, examine the role of non-government organisations and assess their influence on the legal system.



Resources: Hot Topics, No. 53, Same-sex families, 2005.

Alternative Law Journal, Vol 33, No. 2, ‘Civil Rights and Civil Unrest’.

Alternative Law Journal, Vol 33, No. 1, ‘There’s No Justice – Just Us’.

  • changes to family law as a response to changing values in the community



  • changes to family law as a response to changing values of the community










Legislation: www.lawlink.nsw.gov.au/adb

www.glrl.org.au

Written response: Evaluate the effectiveness of legal and non-legal responses for achieving justice for same-sex couples.




  • the changing nature of parental responsibility





Define parental responsibility and guardianship.

Brainstorm: What rights do parents have?

Construct a timeline of legislation outlining the changes to parental responsibility. Account for changes to parental responsibility.

Discuss the meaning of the phrase ‘best interests of the child’. Explain the implications for parents in the breakdown of a relationship.

Resources: Hot Topics, No. 62, Children and families, 2007.

www.kids.nsw.gov.au

www.youth.nsw.gov.au

www.lawstuff.org.au




  • changes to family law as a response to changing values of the community.




Watch a DVD (see below) to highlight the processes involved in surrogacy/IVF, the moral dilemma and the limited nature of the law in dealing with these issues.


Compare and contrast the legislation in states and territories of Australia. Evaluate the effectiveness of the law and note inconsistent jurisdictions and the reactive nature of law.

Debate topic: ‘Surrogacy should be banned in Australia.’

Resources: www.enhancetv.com.au/

Two Men and a Baby (ABC)

Designer Babies (ABC)

Surrogate Mums (SBS)


  • the effectiveness of legal and non-legal responses in achieving just outcomes for family members



  • care and protection of children




Brainstorm: What rights do children have?

Construct a table of federal and state laws that deal with the autonomy of children.

Class activity: Using relevant texts, current media articles and relevant websites, legislation and case law, students construct a mind map to outline the legal concepts of child abuse, neglect and ill-treatment.

Group activity: Each group chooses one aspect to investigate and assesses the effectiveness of legal responses when dealing with children who have been abused, neglected or ill-treated. Report findings back to class.

ICT: Access the Kids Helpline website or another non-legal response. Examine the aim of this non-legal body.




  • issues of compliance and non-compliance





Resources: www.lawstuff.org.au

www.kidshelpline.com.au/home_KHL.aspx?s=6


www.kids.nsw.gov.au/

www.ncylc.org.au/

Hot Topics, No. 62, Children and families, 2007.

Reform, Issue 92, Children and Young People

Children and Young Persons (Care and Protection) Act 1998 (NSW)

Family Law Act 1975 (Cth)







1   ...   6   7   8   9   10   11   12   13   14
:)


The database is protected by copyright ©hestories.info 2017
send message

    Main page

:)