Australian Law Reform Commission :

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

Lobby groups such as Marriage Equality Australia and the NSW Gay and Lesbian Lobby Group were instrumental in securing equal rights for homosexual de facto couples, and are currently campaigns for the legislation of same sex marriage. Despite a galaxy polls show that 63% of Australians were in favour of same-sex marriage (‘Majority of Australia supports same-sex marriage’, January 201, SMH), the law has refused to acknowledge it, enacts the Marriage Act Amendment (2004) to stipulate the definition of marriage as being between a ‘man and a women’. However, former PM Kevin Rudd has acknowledged the movement of same-sex marriage, promising to enact it if he were to be re-elected (PM promises legislation of same-sex marriage, August 2013, SMH). As such, it can be seen that although the law has been slower in recognising same-sex marriage, it is still able to reflect contemporary societal values and issues, thus achieves a just outcome for those in same-sex relationships, protecting the individual rights to

The court observed that the ‘legal meaning’, i.e. meaning the legislature is taken to have intended, may not correspond to the literal or grammatical meaning. As four justices put

For Australian law to be effective it must be dynamic so it can reflect changing societal views, which law reform can help attain. A significant area of recent social change is the acceptance of same-sex relationships in Australian society. To mirror this, current law reforms have been somewhat effective in achieving just outcomes regarding the recognition of same-sex relationships in Commonwealth law. The combination of official recognition of same-sex relationships to an extent, attempts at removing discrimination in legislation, and the delay of justice denotes this. Considering the achievement of justice and the protection of individual’s rights, it is evident that law reform has significantly improved recognition of same-sex relationships, but there are more essential responses that need to be enacted.

High Court interpretations of the Constitution have also played a vital role in the change of the division of lawmaking power. One example is the Franklin River Dam Case where the Tasmanian Government challenged the Commonwealth Parliament in the High Court over the validity of the World Heritage

On sixteen March 2005 the Australian Parliament surpassed the Aboriginal and Torres Strait Islander commission modification Act 2005 which repealed provisions of the Aboriginal and Torres Strait Islander Act 1989 (Cth) (ATSIC Act), and abolished the Aboriginal and Torres Strait Islander commission (ATSIC). The rules acquired Royal Assent and changed into proclaimed with effect from 24 March 2005. similarly, the legislation provided that ATSIC regional Councils would stop on 30 June

Conclusively, Law reform is a perpetual or ongoing process: it is constantly evolving in conclusion, need for law reform in our contemporary society is vital. It Is important that the Australian law is consistently reformed on a regular basis to prevent any  issues to ensure to ensure that we live in a society of peace, justice, regulation and a society which upholds values , morals and ethics Through law reform by understanding and recognising that there is a problem in our community which can be fixed through the legal system we may use the federal, state, etc. law to unpin and prevent this issue and the way to reform the law to fit the contemporary society and prevent revenge porn from ruining lives Through the process of law reform, legal

Equity and respect for others are two of the main values that are instantly presented to the audience. Wong makes it clear that they are two beliefs of hers that are not displayed frequently enough in Parliament, as if same sex couples were in a world where they were treated with a sense of egalitarianism and respect, then gay marriage would be unquestionably legalized. Improvement is also a prominent theme displayed by the author, who utilizes quotes such as ‘marriage equality is both necessary and overdue’ (Wong, 2016) and ‘gay and lesbian Australians can vote, serve in the military, represent our country on the sporting field, teach in our universities, preside as judges, staff our hospitals, and be a member of the federal cabinet. Yet we cannot marry the person we love’. (Wong, 2016) These two quotations are clear demonstrations of the author’s conviction that Australia can be undoubtedly improved with the introduction of new laws that allow citizens of all sexualities to

The law should on all occasions strive to not exist as a separate sanctity to society. As much as possible, governments and judicial bodies should aim to include the public in the creation, maintenance and amendment of the law. The community consultation process of law reform is a vital cornerstone to societal inclusion in the lawmaking process. It allows the people living through the law reform experience to share their own insight and opinion, allowing major societal influence in the creation of legislation and other legal principles. The current law reform environment does allow some hinderance to the consultation process, through the overcomplicating of documents, or time restraints, however with minor adjustment, this system

Back in this time many Australians weren’t aware of the fight for same sex marriage and many strongly disagreed. However, now that America has passed the legislation in support of gay marriage, Australians now see this as a more achievable

Among innumerable reasons why marriage equality should be legalized in Australia, a prominent one is that restricting the option to marry any citizen is discriminatory and unconstitutional. This sort of treatment not only deprives every-day people of their dignity, creating a second class of citizens, but also suggests that LGBTI+ people are somehow unworthy of participation in one of the fundamental institutions of our society. A lack of opportunity to formalize same-sex relations implies that these relationships aren 't of equal standard, exacerbating unjust prejudice and intolerance. This impression is promoted through the lack of financial, medical and social rights associated with marriage to individuals in a civil union, the supposed 'adequate equivalent ' for marriage. Although the legalisation of marriage equality would have no impact on non-LGBTI+ communities,

Only recently, the Australian Government introduced reforms to de-facto relationships. This meant that same-sex couples are entitled to the same benefits and subject to the same obligations as opposite-sex couples (Property Relationships Act 1984 NSW). The legislation of Same-Sex Relationships (Equal Treatment in Commonwealth Laws- General Law Reform) Act 2008 removed discriminatory treatment of same-sex couples. These acts included laws about tax, superannuation, Medicare, workers compensations, employment entitlements and family law. Homosexuals are discriminated against in terms of marriage, donating blood and are also victims to abuse due to their status. A study conducted by the Victorian Gay and Lesbian Rights Lobby revealed that 84% of participants aged between 14 and 21 had been treated unfairly because of their sexuality and almost half had suffered verbal or physical abuse. With these inequalities present, it is difficult to achieve equality and fairness around this group. Although Australia proposes the ideal of egalitarianism, it is hard to justify whether it is present or not.

Everyone under the Australian law deserves the right to be treated rightfully and justly. But currently, people are being discriminated due to who they choose to love. Love is something that has no boundaries. As a nation, we need to come to the acceptance that we aren't able to control people's views and values. There are 1,138 advantages, rights and protections accessible to married couples in federal law alone. Benefits accessible only to wedded couples include hospital visitations whilst someone is sick, access to family health coverage, ability to file a joint tax return amid a disease, the choice of documenting a joint expense form to diminish

Allowing same sex couples to marry can do huge things for both the economy and Australia’s image we will no longer be the country that has violated a basic human right. Legalising same sex marriage can bring a profitable $500 million dollars into the economy and will decrease suicide rates. As a modern day first world country it is our obligation to allow marriage equality.

The concept of marriage is in danger of being misunderstood due to same-sex couples wanting to be married and acquire the same benefits as heterosexual marriages. The fundamental purpose of marriage is uniting a man and a woman in a worthy cause to preserve human civilization. If everyone was homosexual, then how could our species be repeatedly produced? This problem could end human existence. Besides, even those who are not homosexual have restrictions on marriage so they can not assume they are being discriminated upon. Restrictions are created to keep the balance and concept of the idea from being muddled. Their sexual orientation has nothing to do with why these rules were put into place. As a result, homosexual individuals have the right to marry along with everyone else as long as the restrictions are not crossed. All rights are equal among the people even when dealing with marriage. Just because somebody has different