Law Reform in Australia: Examining Native Title and Sexual Assault Issues
As times change, laws are forced to undergo change. This process is known as law reform and is done to suit today’s contemporary society. Australia has undergone various changes to its laws to suit society; however the effectiveness of such changes can be questionable. The issues revolving around native title and sexual assaults are still developing today in order to balance an individual’s rights and values.There has been significant law reform in relation to sexual assault offences over the past decade.
The failures of criminal justice systems to provide just outcomes for victims have provoked the need for law reform. A defining event and spark for major law reforms regarding sexual assault began after the horrendous acts of Bilal Skaf. The R v Skaf case led to the passing of the Crimes Sexual Assault in Company Act whi
...ch greatly increased the sentencing for rapists. This led to a noticeable decrease in gang-rape; however the law is still unable to prevent rape all together.The positive outcomes from the case did not completely outweigh the negatives and the effectiveness of the law is questioned.
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. The Meagher Case led the public to question the justice system and gave rise to law reform in certain parts of Australia.The “Meagher killer was on parole for sex attacks” media article questions the ability of the Parole Board and the belief of rehabilitation. The Victorian Parole Board however, released a statement “that anybody on
parole charged with violent or sex offences would have their parole automatically cancelled.” This minor law reform in Victoria will prove effective as they will disallow criminals with violent or sex offences to recommit or apply for parole.An Aboriginal and Torres Strait Islander have a right to an area of land which they have had an ongoing association with, this is known as native title.
Native title is important to an Indigenous Australian and law reform has risen to the occasion to acknowledge this. The concept of native title has developed over time and the High Court in Mabo v Queensland (1992) established the guidelines for future claims of native title. The Mabo case abolished the myth of terra nullius and led to the Native Title Act 1993 (Cth) being passed through the federal government. This law reform proved effective and changed everything for Indigenous Australians – it provided them with equality and recognition of their rights as individuals.Laws will continue to change as society advances forward in order to protect an individual rights and the community as a whole.
Law reform will always be happening as issues continue to rise in society; however, the effectiveness of it can be questioned. 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.
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