Family Law Act 1975
No Human Rights Act in Australia like all other first world countries
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Bjustice
Australia prides itself on a Legal System fit for a first world country. Did you know other first world countries use the Un Human Rights of Children and Adults to determine their Family Law Legal Systems in their countries. Australia is different it does not agree with this system for its family law because it does not have a Human Rights Act in force to uphold UN Human Rights. As a result of this there is discrimination against the poor. For the poor once Legal Aid has run out, there is a cap in Australia on Legal Aid funding for Legal Aid representation. This means if one party is financally advantaged and the other party, other parent regardless of their sex, is not financally well off, poor. The poor parent will suffer, they will not then be given their UN Human Right to proper legal representation. This is only the beginning of Human Rights abuses that can be fall them. The right to be proven innocent before being proven guilty, the right to understand the language of what is being said to them when they are forced to represent themselves in a court of law due to being to poor to recieve legal representation and being refused legal aid as the government cap on it has expired. the right to freedom from percecution in a court of law and in the community, the right to freedom of association with loved ones.

Being poor does not make any parent a dangerous parent. Being poor does not make it fair and just that a parent is forced into a situation where they have to defend themselves and their child because they have no right to legal representation. Judges who take it on themselves to say that Medical Evidence that poor parent wanted to have heard in court to prove they were not dangerous to their children was never read by them and never taken into consideration.

The result of the above is poor parents have to go for years without seeing their children. Children who never see their parents and other close members of their family because they are poor.

Without a Human Rights Act in Australia their is no accountability for Australian lawyers and Judges to be made accountable for their actions and conducts in an Australian Court of Law. Lawyers and Judges can make decissions and conduct themselves in a court of law in Australia which in other first world countries is investigated and if found guilty of unethical conduct tried in crimal courts and sent to jail if found guilty. In Australia the poor do not get justice this does not occurr as in other first world countries as they have a Human Rights Act to protect their poor against this from happening.

The time it takes for a poor parent to be heard in a court of law is appaulling it is years. Poor parents are forced to pay child support to the other parent who mislead the court with lawyers and judges who refused to read and hear Evidence.

What is even more alarming is Judges can then write in their reasons for judgement everthing was done correctly in accordance with the Australian Family Law Act of 1975 which includes the Evidence Act. Judges are not investigated to show if this was true and correct. This is because Judges and their conduct is not accountable to a Human Rights Act in Australia as their is none to tie conduct in law courts in Australia with the UN Human Rights. Due to this it allows Judges in Australia to say one thing in writting their reasons for judgement and do another thing through their conduct in court. It is unjust to say that a poor parent with no legal trainning could conduct their case properlly against senior legal representative, as well as have no evidence heard so that a poor parent could be proven dangerous to their children, thus stopped from having meaningful contact with their parents.

Australian society needs to ask itself is this unfair, cruel and injust practice to discriminate against poor parents and their children who can prove they are not dangerous to their children but are not given this opportunity for years. These seperations are forced separations. Often if the children see their poor parents and try to make contact with out being able to gain legal representation poor parents can be jailed.

We need to stand up for the rights of the poor and their children for they are the ones in our society who are the most vunerable. Australia needs a Human Rights Act to protect the basic Human Rights of the poor in Australia in our Court Systems in Australia and in other areas in Australian Society. We need to lobby the government for a Human Rights Act.
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