Preview

The Impact of the law reform in the Scope of Domestic Violence in NSW

Good Essays
Open Document
Open Document
1118 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Impact of the law reform in the Scope of Domestic Violence in NSW
The Impact of the law reform in the Scope of Domestic Violence in NSW
As substantiated by amendments to Crimes Act 1900, Bail Act 1989 and the Firearm Act 1989 the effectiveness of Law reform in NSW is established in the scope of domestic violence. This reflects the changing social standards and sense of public morality as to the role and protection of women and children in society.

The Crimes act 1900 established the statute that codifies the common law crimes for the state of New South Wales. It is an extensive legal document of 582 different sections, which define an extensive list of offences under NSW law. However there is a complete omission of domestic violence or any form of spousal abuse. This reflects the patriarchal structure of society in 1900 and the tabo nature of domestic violence as being community-accepted reality, which was omissible in a private environment.

Due to a contemporary change in public morality and the role of the media in putting Domestic Violence on the political agenda, the Crimes (Domestic Violence) Amendments act (1982) was acquiesced. The amendment defined domestic violence as - An offence committed upon a person upon whom the offence is committed arc married to each other or, although not married to each other, are living together as husband and wife on a bona fide domestic basis. Furthermore it addressed the position of people experiencing violence in a domestic environment and enabled them to persecute their respective spouse on the grounds of Domestic abuse. The Crimes (Domestic Violence) Amendments act was progressive in three features, firstly it defined the paradigms of what constituted domestic violence, secondly it allowed couples in some circumstances to obtain Apprehended domestic violence orders (ADVO’s now AVO’s), thirdly established Domestic Violence as an unyielding issue within Australia culture. It did not however address the full scope of the issue due to the inadequately slow response time in situations,

You May Also Find These Documents Helpful

  • Good Essays

    NFO Criticisms

    • 1342 Words
    • 6 Pages

    The majority of non-fatal offences are included in the Offences Against the Person Act 1861 (OAPA) which was described by Professor JC Smith as ‘a rag bag of offences brought together from a variety of sources’. This view is widely shared throughout the legal system, although some argue that the law works in practise and so no reform is needed. However the law does not include the common offences of Assault and Battery, providing another call for reform. The first Bill to reform this act was put forward in the 1980s, along with more drafts in 1990s, which shows the Law Commission’s dedication to modernising the Act. Despite these obvious intentions no government has passed it as of yet.…

    • 1342 Words
    • 6 Pages
    Good Essays
  • Good Essays

    ASSESS THE EFFECTIVENESS OF LAW REFORM IN ADDRESSING THE ISSUES AROUND NATIVE TITLE AND SEXUAL ASSAULT…

    • 530 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Hester, M & Westmarland, N. (2005). Tackling Domestic Violence: effective interventions and approaches. London: Crown copyright.…

    • 8928 Words
    • 36 Pages
    Powerful Essays
  • Powerful Essays

    There is such a great concern with the problem of domestic violence within the community as a whole. The legal definition for domestic violence as defined by the RCW 10.99 (Revised Code of Washington) is ‘crimes committed by one family member or household member against another.’…

    • 2607 Words
    • 11 Pages
    Powerful Essays
  • Best Essays

    5. ^ "Crimes". National Network to End Domestic Violence, Inc.. 2008. Retrieved 2 December 2011.…

    • 6077 Words
    • 25 Pages
    Best Essays
  • Best Essays

    Rohrbaugh, J. B. (2006). Domestic Violence in Same Gender Relationships. Family Court Review, 44(2), 287-299. doi:10.1111/j.1744-1617.2006.00086.x. Retrieved from: http://journals1.scholarsportal.info/pdf/15312445/v44i0002/287_dvisr.xml…

    • 216 Words
    • 1 Page
    Best Essays
  • Best Essays

    Parliament of NSW, 2006 Crimes Amendment (Protection of Innocent Accused) Bill, Accessed on 29/05/07 from…

    • 429 Words
    • 2 Pages
    Best Essays
  • Powerful Essays

    Nvq 3 Teaching Assistant

    • 1949 Words
    • 8 Pages

    Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).…

    • 1949 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Domestic violence typically involves a pattern physical, sexual and emotional abuse and intimidation which escalates in frequency and severity over time. It can be understood as a misuse of power and the exercise of control (Pense and Paymar 1988, 1990) by one partner over the other in an intimate relationship, usually by a man over a woman, occasionally by a woman over a man (though without the same pattern of societal…

    • 1941 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    All vulnerable adults have the right to be safeguarded by any form abuse, local authorities, care provides, health services, housing providers, criminal justice agencies, laws, and legislations all play an important role when it comes to safeguarding. The aim to prevent abuse, minimise risks of abuse and to respond appropriately if abuse or neglect has occurred. Abuse can happen in various different forms. The two types I’m focusing on are neglect and omission. Neglect or acts of omission means not looking after somebody properly or giving them the care and attention they need. Domestic violence however, is a pattern of abusive behaviours by one partner against another in an intimate relationship such as marriage, dating, family, or cohabitation. There are legislations, regulations, working strategies and procedures in place to prevent these types of abuse.…

    • 3320 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Crimes ( domestic and personal violence) amendment Bill 2013- this allows senior police officers to issue provisional apprehend domestic violence orders, expand police powers to give directions or detain a person for the purpose of serving a provisional apprehended domestic violence order on them and provide a number of safeguards to that person.…

    • 715 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Domestic violence was at one time thought to be a personal family matter, but it is now considered an issue affecting entire communities both socially and fiscally primarily due to the higher rates of physical health problems received from violent acts from assault, rape and the stress of living in such an environment. The cost of health related affect due to domestic violence is very close to $6 million per year and the cost affect due to a loss of employment and productivity is close to $1.8 billion per year (Martin, 2011).…

    • 3910 Words
    • 16 Pages
    Best Essays
  • Better Essays

    Feminist Theory Of Crime

    • 1669 Words
    • 7 Pages

    Whilst males are more likely to commit violent crimes females are more likely to be involved in theft or fraud. However, female crime is on the rise with an increase of 125 assaults committed per 100’000 to 186 assaults committed per 100’000 between 1997 and 2010 (Aic.gov.au, 2012). Furthermore, violent assault is the most common first offence for females under the age of 17 and its prevalence has grown by 68% since 1998 (abc news, 2015) and overall, the number of female offenders rose by 36% between 1999 and 2010 (Holmes, 2010, pp.3). Some research attributes this increase in crime to a result of increase social control, policy and policing over young women (Steffensmeier, D., Schwartz, J., Zhong, H. and Ackerman, J., 2005) whilst other believe that female participation in youth culture activities such as gangs and cyber- culture that promote women’s violence is to blame. Furthermore, a transition from sexualising to condemning women’s crime has taken place in the last 30 years (Carrington and Pereira 2009; Sharpe 2012) perhaps accounting for a rise in female arrests. The levels to which each of these different factors- and others- combine and intersect to completely account for the rise in violent crimes committed by females are unknown. However, it is important to continue feminist research in this field to assure that the minority gender in this area stays as such. It can then be said that…

    • 1669 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    When we see, hear or read about a domestic violence case, the majority of us respond with “Oh, it’s just domestic violence.’ If it was a terrorist attack, there would be 24-hour news coverage having major headlines across all news articles, but why does this issue have more attention than domestic violence. Australia has been suffering from this issue for many decades and it is time to make a grander change for the good. Are we willingly fighting for the rights of women to be free from abuse or are we unknowingly allowing her former partner to freely continue the abuse? Every minute we use to search for a solution to prevent domestic violence, the more women are dying from the ricocheting slap of the kitchen pan. Society needs to think of a solution immediately and the first step is to make a greater awareness of the problem, before behind our very eyes, it becomes even more incurable than it seems to be. Or maybe it already…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Law reform has increased resource efficiency effectively though there are limitations that are placed on these reforms. The Crimes (Domestic and Personal Violence) Amendment Bill 2013 had enabled specific police officers the ability to issue out provisional apprehended domestic violence orders (ADVO) which had previously only been issued by the courts. Once a provisional ADVO is issued, it has to be listed within an appropriate court within 28 days, much quicker than previously. This means that a domestic violence case will be addressed quicker thus benefitting the courts cost wise and the victims in achieving safety and protection faster. Cases will be able to bypass the court when applying for a provisional ADVO and will spend less time in the court system. This reform was unquestionably needed in achieving just outcomes for victims as reported by Adelaide Now ( The Advertiser) the article titled Courts failing domestic violence, says Youth South Australian of the Year, Ms Gbla explains the fear she felt during the time the courts took to address her application for a provisional ADVO. She feared that her former boyfriend would assault her and was required to move houses two times due to immerse safety concerns. She had filed for an ADVO, in April and had still not received a court hearing date by June the…

    • 903 Words
    • 4 Pages
    Good Essays

Related Topics