Evaluate issues of compliance and non-compliance in relation to family law.

Compliance within family law is achieved to a certain extent. In the area of domestic violence
and surrogacy the law needs greater reform to ensure that individuals comply achieve better
compliance. More enforceability is needed for ADVO’s to be properly effective , so individuals
can comply and law reform is needed in surrogacy to better meet the community standards so
couples follow and are pleased with the law. Adequate introduction

An area in family law where the legal responses are only effective to a certain extent in
achieving compliance is domestic violence .Under the Crimes (Domestic and Personal
Violence) Act 2007 anyone can apply for ADVOs (Apprehended Domestic Violence Order)
against the person who is alleged to be harming them. An ADVO can be applied to a person if
the victim is experiencing physical or sexual assault, is threatened with physical harm, is being
stalked, harassed or intimidated, and believes that this behaviour will continue. If a person has an
ADVO against them they cannot commit any offence and they cannot breach the terms of the
ADVO. Having an ADVO means they have not conducted a criminal offence and it will not be
recorded Re-word this – it’s accurate but clumsily expressed. However, if it is breached than the
person is charged of with a criminal offence and can be arrested or taken to court. Such is
effective as the ADVO is like a warning and acts as a good deterrent stopping the accused from
engaging in domestic violence , making them comply to the law .Boscar 2020 states the “breach
rate of (ADVOs) is much lower than the 50%” meaning that the majority of accused respondents
comply to the law. Expression requires improvement

Furthermore , under section 39 of this Act it has been amended to allow for ADVOs to be in
force for two additional years longer than a sentence of imprisonment, given if the offender is
guilty of a domestic violence offence . This is effective as it stops helps prevent these criminals
from committing any offence due to them having an ADVO against them, increasing compliance
with the law . Subsequently ,this extended period is effective as it provides additional care and
protection to victims , protecting them from any future violence incase if the offender comes
back and wants revenge .However , it does not does not provide a just outcome to the accused
because it interferes with their rehabilitation , making them feel punished even after completing
their sentence . Unclear – integration of a source might help with this
Just incorporate another relevant LCMDI when engaging with this legal process

However despite this , ADVOs have been proven to not be entirely effective as there is lack of
enforceability causing many to not comply with the law because police do not constantly monitor
an individual with an ADVO . BOCSAR data highlights the prevalence of recidivisim amognst
domestic violence offenders, reflected in the fact the number of breaches has risen 6% from
2015-17 and sexual assault have risen by 14.5% in the past 5 years despite the creation of AVO.
This is ineffective in providing just outcomes as more and more criminals are not complying
with the law as they are breaching their ADVO meaning they are engaging in domestic violence
offences . Ok but there is still data to indicate that ADVOs are mostly effective though This
means that family members are not being protected despite seeking help from the law. In the
case R v Gavin John De Beyer (2017) the victim was brutally stabbed by his fiance despite
having numerous AVOs taken out against him since 1999. In this case the ADVO failed to
adequately provide a just outcome due to a lack of compliance . Domestic violence NSW
Executive Moo Baulch labelled them as nothing more than a, “piece of paper” deeming to be
ineffective in making criminals and sex offenders comply to the law. Also cite the media that
quote is from Furthermore ,an article by The Conversation states that domestic violence orders
need stronger enforcement as in a study “a number of women complained that police did not act
on breaches, did not treat the breach as serious and were only interested in breaches that involved
physical violence.” Therefore , If ADVOs are not enforced appropriately, they will simply mean
nothing as perpetrators will continue to not comply engaging in behaviours of domestic violence
causing victims to remain unprotected – focus on what has not been effective and use past
tense when constructing judgment. Quite a good paragraph -subject to suggestions

The non-legal response White Ribbon foundation increases compliance to a certain extent. White
Ribbon Foundation aims to educate society and address issues and concerns of the growing
cases of domestic violence .It creates awareness on the effects of domestic violence causing
many to comply with the law. It also incorporates white ribbon day which is a day the foundation
reach out to men and ask them to make an oath saying they will never be accused of domestic
violence and never hit a woman .On their website such is deemed effective as over 190,000 men
made this oath causing these men to potentially comply to the law and not engage in such
behavior.However , the effectiveness is limited due to the lack of enforceability as White Ribbon
cannot impose fines or penalties to make people comply as it is not within their power . That’s
quite a simplistic approach to evaluating effectiveness – NGOs can never impose fines so
focus on what their role is and how effective they are in that role, rather than focusing on
something that is simply not within their powers and role

Another area in family law where the legal responses are only effective to a certain extent in
achieving compliance is surrogacy .In Australia Surrogacy can only be altruistic surrogacy
which means that under the Surrogacy Act 2010 , surrogacy arrangements are not paid for but
are voluntary, with only the medical and travel expenses of the surrogate paid – just re-word to
make clear that commercial arrangements are illegal . In 2012, 267 babies were born through
overseas surrogacy for Australians, compared to 19 locally (Surrogacy Australia). This clearly
demonstrates that local couples are reluctant to engage in wanting to be a surrogate resulting in
an lack of compliance, as Sam Everingham stating surrogacy was a “legal nightmare” because
many couples are doing commercial surrogacy . Good – but the important point is ‘why’ they are
not doing it and that’s what you really need to engage with In the Tammy Davis case, Davis was
jailed for 18 months for running an illegal surrogacy operation in Cambodia, for couples in
Australia. 12 babies were smuggled out of Cambodia to Australia between 2016 and 2017. Davis
and several Cambodian surrogate mothers were convicted of criminal offenses as well. Such
cases show the lack of compliance within the law as Australian families are not complying with
the law and finding alternative means to achieve surrogacy . However, this non-compliance is
reasonable as Sam Everingham stated that “it makes them look like criminals but they are
victims” . You are not being specific enough – Everingham was talking more about the
surrogates rather than the couples This is because in Australia , adoption is already hard ;
taking 5-7 years for a couple to adopt , and by the legal system banning commercial surrogacy ,
it makes it much harder for couples to start or grow their family resulting in a major non-
compliance issue with the law . Ok – I’m not sure how applicable adoption laws and regulations
are – you will need to source how it actually applies, if it even does Furthermore , surrogacy
unfortunately is the only method of technology to this day that allows women to have a child
with her and her partners gene if she cannot conceive .By making surrogacy altruistic it has
limited many to have their own family causing them to opt to illegal methods unclear and
clumsy . Additionally , Mr Everingham estimated that about 100 NSW couples each year were
engaging in compensated surrogacy overseas, and about 500 nationally (smh 2013 author or
article name?) .This reveals the lack of compliance as more people are committing commercial
surrogacy due to them not being satisfied with the law . Therefore ,law reform is necessary as
Robert Reith said “the law absolutely needs a review and to be brought up to date with modern
standards ... It is outrageous” . This is because the current Act is not meeting community
standards causing many to not comply within the law. You’ve got really good sources and
demonstrate good knowledge, but your integration and expression require improvement

To conclude ..

- Sarah – good research and knowledge but you need to improve expression and how you
integrate and use sources.
- Some really good work but some areas require improvement – check comments

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