Family Law and Society Practice Flashcards

A set of flashcards covering key concepts, legislation, and statistics regarding Australian family law, marital requirements, children's rights, and domestic violence.

How does the ABS define a 'household'?

One or more persons, at least one of whom is at least $15$ years of age, usually resident in the same private dwelling.

What is the ABS definition of 'family'?

Two or more persons, one of whom is at least $15$ years of age, who are related by blood, marriage (registered or de facto), adoption, step or fostering, and who are usually resident in the same household.

According to the Australian Institute of Family Studies, what was the average household size in 2016?

$2.6$ people.

Which 2017 Act redefined marriage as 'a union between two people' in Australia?

The Marriage Act (Definitions and religious Freedoms) Act 2017 (Cth).

What is the separation requirement for a court to recognize a no-fault divorce?

A period of $12$ months of separation.

How does the Criminal Code Act 2013 (1995) define 'force' in the context of marriage?

A marriage entered without free and full consent, because of coercion, threat or deception.

Under the Marriage Act 1961 (Cth), what are the age requirements for a valid marriage?

Both parties must be adults ($18$ years of age), unless court permission is granted for a party between $16$-$18$ years of age.

What does Article 54 of the Convention on the Rights of the Child (1989) declare?

That people under the age of $18$ must be protected from violence, discrimination, exploitation and neglect.

What are the legal consequences for failing to meet the basic needs of a child under federal law?

Criminal prosecution for neglect, punishable by a fine of $22000$ and a term of up to $5$ years in prison.

What are the compulsory ages for school attendance according to the Education Act 1900 (NSW)?

From the ages of $6$-$17$ years.

In NSW, what physical punishment is specifically defined as 'unreasonable' by amended legislation?

Force applied to the head or neck, or to any other part of the body that results in bruising, marking, or other injury lasting longer than a short period.

At what age can a child leave home in NSW if they can prove adequate care for themselves?

$16$ years.

What change did the Family Law Amendment (Family Violence and Other Measures) Act 2011 (Cth) make regarding parental relationships?

It removed the 'friendly parent provision' and prioritized the 'need to protect the child from harm' over maintaining a 'meaningful relationship with both parents.'

How quickly does the National Contravention List (NCL) aim to provide an initial hearing?

Within $14$ days, compared to the old system's $42$ days.

Which Act revoked the rights of defendants to cross-examine witnesses in domestic violence trials?

The Family Law Amendment (Family Violence and Cross Examination of Parties) Act 2018 (Cth).

According to an Australian Institute of Criminology report (2019), what percentage of final order ADVOs are breached?

$50\%$.

What was the recorded number of domestic violence incidents in NSW in 2022?

$31775$ incidents.

How many Aboriginal and Torres Strait Islander children were in out-of-home care in 2021 according to SNAICC?

$22297$ children.

Under the Surrogacy Act 2010 (NSW), what is the timeframe for the Supreme Court to transfer parentage through a parenting order?

Between $30$ days and $6$ months after the child's birth.