Essay on Effectiveness of Law Reform

With the change from Keatings progressive labour government to John Howard's’ conservative Coalition government, came resounding regression to the Native Title act, with the 10 point plan, and the coinciding Wik decision nine months after. The Wik VS Queensland case (1996) established that in cases of conflict between pastoral leases and native title, pastoral leases override and can successfully extinguish native title , which was adopted with the change of legislation and introduction of the Native Title amendment Act (1998). If there is no conflict, they can coexist. Many cases of Native Title extinguishment has occurred, and only approximately 600 areas hold Native Title in all of Australia, with less than 1% in NSW. As a procession from the Native Title declaration, this legislature has digressed justice to the ATSI community , and as further iterated by Sydney Morning Herald has “undone the good of the Mabo decision”. ATSI discrimination following the legislation of the Native title Act (1996) significantly rose in the public discourse with renowneded personalities claiming they could “take their backyards”, and an unspoken deeply-rooted fear for many, dating back to Australia’s colonization; that Australia could be declared completely under Native Title, and the sovereignty of the Crown could be questioned . For ATSI peoples’, the introduction of the 10 point plan, and the Native Title Ammendment Act (1998) marks a significant national regression upon achieving justice for their community as they sought to pour “"bucket-loads of extinguishment" on the native title rights of Indigenous Australians. Law reform, in this case has been dominantly ineffective in achieving justice for the ATSI peoples, and rather revoking

Various aspects of law reform prove to be ineffective whilst certain aspects prove to be effective. Law reform in relation to Bail and Native title has proven to be somewhat effective in engaging in the protection of individual rights and meeting society’s needs, amending and creating new legislation to maintain with new concepts of justice and changing social values. This is evident in the Bail Act 2013 NSW, the Bail Act 2014 amendment NSW, The Native Title Act 1993, The Aboriginal Land Rights Act 1976. Showing evidence of effectiveness through their enforceability and to some degree, their responsiveness.

The law reform process has been effective to a certain extent in achieving just outcomes in regards to native title. This can be seen through both the Eddie Mabo case [1992] and the Yorta Yorta case [2002] as although the cases had been concluded with final decisions, there were still measures that could have been taken, and areas where it could have been improved to achieve a just outcome.

The case not only recognized the rights of Indigenous peoples but also set a foundation for future legal developments aimed at rectifying historical injustices and promoting reconciliation efforts within the Australian political and legal

Scholars have identified six separate components that must be present within a sport in order to be considered as a true sport. One of the first requirements on this list is that the sport must include a

The institutional level is not just about the influence of schools; it also looks at the availability of facilities and the structure of organised sport within a community. The rules of different sports are also considered as part of an analysis of the institutional level. Sporting rules, which are determined and standardised by sports’ governing organisations, can restrict access to certain groups and individuals.

described not as a practice of law but as a sporting event.  Just as there are

A huge part of Australian society and culture is sport, both spectating and participating. Professor Peter Figueroa developed a framework to look at the issues in access, equity and equality in many things but in this report it will be based on these issues in the sport of volleyball. Which in fact is the most popular sport in the world with an estimated 998 million participants in the sport in formal competitions around the globe. (Topendsports.com, 2015).

Aboriginals lose a sense of meaning when the connection to the land is broken. There is a been a long history of a land rights struggle for Aboriginals and Torres Strait Islanders. In 1992, the high court rejected the notion of ‘terra nullius’ (land belonging to no one). This resulted in the Aboriginals being recognised as a civilisation that had lived on the land with laws for thousands of years before British settlement. The Native Title Act was passed in 1993 which sought to accomplish 4 objectives: acknowledgment of the land, validate past acts, establish a mechanism for determining claims to native title and set standards to deal with the native title in the future. This was significant for the Aboriginal spirituality because of the connection to the land. Many different cultures have their own interpretation of the land. James Price Point on Western Australia’s Kimberley coast has its own interpretation of meaning depending on the culture and

Australian sports law is grounded in the principles of "Natural Justice" to ensure procedural fairness. Nevertheless, the sports tribunals' ability to hold hearings and make determinations without allowing athletes the benefit of legal counsel is troublesome. Clearly, the process often involves valuable rights which should be asserted and preserved by knowledgeable, zealous legal counsel at the first opportunity. The single difference between the Waverley and Nagle cases shows how issues that are vitally important to an individual can turn on a single fact; consequently, while Waverley and Nagle did not involve sports tribunals, they do show the importance of paying careful attention to facts, which also applies to sports tribunals. Finally, the inclusion of women in sports, particularly Golf, is a natural outgrowth of anti-discrimination laws and progressive Australian attitudes create fertile ground for further attempts by women to compete with men.

It also found it was out of step with international human rights and that Aboriginals had been dispossessed of their land rights unlawfully. Native Title Act 1993 After the Mabo case which recognised the existence of native title rights, Land Councils lobbied the Federal Government to legislate to protect any native title that had survived 200 years of colonisation. The Native Title Act 1993 is part of the Commonwealth Government's response to that historic High Court decision.

Law reform is the process of changing and updating laws, so that they reflect the current values and demands of contemporary society. Those with sovereign power must identify the change in social values, behaviours and expectations; through this they must consider whether new or amended laws are required; and they must develop and implement these changes. Society is never completely satisfied with the reforms made to law, reforms are made to satisfy the general public.

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

The notion of Lex Sportiva in many ways mirrors the nature of the debate regarding its subject matter. Two academic schools of thought have debated since the 1980 's as to to the role of national legal systems within sporting contexts. More recently however, the debate has changed to one which questions the validity of Lex Sportiva or global sports as a genuinely distinguishable, and unique branch of law. As Gianni Infantino has suggested "both politicians and legal scholars have discussed the much vexed question of the so-called sporting exception. Academic Ken Foster has claimed that Lex Sportiva is even more niche, arguing that legal principles applied to sporting circumstances do not necessarily amount to the formation of Lex

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,