Examine at least two contemporary issues that involve Australian citizens and describe

the legal and non-legal responses to this issue. Evaluate the effectiveness of the legal
and non-legal responses to this issue. Make specific reference to the issues of women
and other groups.

*This essay received 24/25 under exam conditions with an unseen question

Several groups within our society struggle for legal recognition and justice, these groups
that experience disadvantage include women, young people and elderly people. Due to
the changes in values and social expectations surrounding women the law has
progressively changed in areas such as include public life, family and work. Young people
also continuously face issues such as health, safety, personal relationships, shelter, and
economic security. Old people also face significant issues when gaining access to care
resources and having equal opportunities to enter into the workforce. Through the
creation of a number of legislative acts, case laws and initiatives the government and
numerous non-government organisations have been able to take important steps forward
in bettering the law for women and the young and old and maintains a continuous process
of change.

Laws in regards to women endeavours to improve for women include public life, family life
and working rights. Australian law has been one of the most progressive countries in the
world and was the first to grant women’s suffrage at a national level. In 1894 the right to
vote was first granted to women in South Australia. The Commonwealth Franchise Act
(1902) was passed therefore non-Indigenous Australian women were granted the right to
vote. Today, the Labour Party puts gender quotas in place to ensure that there is
affirmative action and women are represented equally. This has been majorly effective as
out of 95 MPs and senators, 44 are women. The law has been constructive in building
rights for women in public life, but does not provide equality to women from a lower
socio-economic background and different cultural background are less able to access or
obtain roles in public life. There is opportunity to establish laws that make gender quotas
compulsory and need for women from all backgrounds to hold higher positions.

Treatment of women by the law when relating to the workforce has seen immense change,
women today expect to enter into the workforce. There has been many issues in relation
to women’s equal pay for equal work, consequently due to changing values, the second
Equal Pay Test Case in 1972 took place and granted equal pay for equal work without the
previous gender restrictions. However this case posed issues for a judge to agree what
‘equal’ work meant. Amendments to legislation such as establishing The Anti-
Discrimination Act 1977 (NSW) reflects society's growing acceptance of women in the
workforce. In modern day Australia there has been progress due to trade unions, however,
women are still faced with the issue of the glass ceiling and most executive roles are still
filled by men. In recent years the goverment created a strategy initiative ‘Towards 2025’
to raise women’s involvement in the workforce by 25%. It effectively contributes to
helping all women have accessibility to equality of opportunities within the workforce but
has yet to ensure the employment of women in high positions.

Family Law in Australia affects the relationship a family has with one another., previously
the law believed in the principle of Unito Caro, which did not allow a married woman
autonomy preventing a woman from several working and social opportunities. The Family
Law Act 1975 established the principle of no-fault divorce in Australian Law, empowering
all women to feel comfortable in filing for divorce. It provides ways of getting protection
from personal violence and preventing disposal of property. Divorce has, however, posed
many economic issues, separation has high costs and premiums. Therefore the initiative of
Women's Economic Security Package (WESP) was created which includes 98.4 million in
new funding for family law services, this use of resources gives women necessary
economic security so they can pursue divorce. The law has provided ample support in
giving women access to legal aid in terms of divorce and has ensured the protection of
individual rights during the legal procedures.
Young people face challenges as they move from childhood to adulthood. In regards to
family law, young people have expressed their need for supportive and understanding
parental relationships, as well as an ongoing voice in the development and adjustment of
parenting arrangements in the post-separation context such as divorce. The Family Law
Act (1975) has been a key piece of legislature in helping young people in regards to family
law and parental separation. In Part VII of the Act is outlines the benefit to the child of
having a meaningful relationship with both of the child’s parents; and the need to protect
the child from physical or psychological harm from being subjected to, or exposed to,
abuse, neglect or family violence. The legislature also outlines the extent to which a
child’s views should be expressed and also outlines the processes and resources which are
made available to help resolve family disputes and conflict. There have also been many
initiatives created for young people who are facing family issues. This includes the
establishment of 65 Family Relationship Centres (FRCs) throughout Australia, the Family
Relationship Advice Line (FRAL) and Family Relationships Online (FRO), funding for new
relationship services, and additional funding for existing relationship services. These
together hold successful powers in improving the restraint of domestic violence,
encouraging parental responsibility, ensuring correct living arrangements of children and
financial stability for prior spouses or children. Overall, the law has made considerable
progress to ensure that younger Australians enjoy the same rights as the rest of the
population.

There has been significant issues faced by the elderly in society and they have faced a
great deal of discrimination. According to the ABS, ill health, disability, or caring
responsibilities mean that some older people are unable to participate in the labour force
even though they would like to remain in work. The Age Discrimination Act of 2004 is just
one of the several government policies in place, focusing on increasing the workforce
participation rates of all Australians. The case of Silver v Rogers in 2012 is another
example of how Australian employers do not discriminate against people’s elderly age. The
plaintiff in this case took a significant period of time off work due to becoming unwell
with pneumonia and claimed to be dismissed due to his age and/or physical disability. The
Court held that age was not an operative factor in the applicant’s termination, however
his physical disability and health issues were. A government initiative called Restart from
the department of employment, skills, small and family business was created in late 2018
to try and encourage businesses to hire and retain mature age employees who are 50 years
of age and over, with financial incentives of up to $10,000. To conclude, it is fair to say
that the amount of acts, case laws and initiatives surrounding elderly discrimination in the
workplace have in fact proven to be effective.

Conclusively, the law has made considerable progress for all disadvantaged groups facing
contemporary issues. Women are increasingly seeing