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LAWS12072 Legal Research

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LAWS12072 Legal Research

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Course Code: LAWS12072
University: Central Queensland University

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Country: Australia

Question:

In this unit you will be allocated a portion of a law reform issues paper and you will be responsible for developing a submission on it, with the support of your peers. Your first task will be to develop a problem analysis and project plan in order to gain feedback.
As part of this process it is permissible, even recommended, to ask questions in the body of your plan. If you desire specific feedback on a particular choice or methodological design, ask this overtly within the plan to ensure that you receive clear feedback.
This plan will include:
· A statement of your research topic, expressed as a critical argument
· An analysis of stakeholders and members of the community who are affected by the law reform issue.
· An analysis of jurisdictional issues and map of regulatory networks
· An overview of the current field of research, including the documents of key organisations, important research voices and significant publications
· A project plan stating key timelines and organizational matters

Answer:

Research statement:
What are the different measures that can be taken up to address the issue of sexual abuse by carers against children and is the process of prosecution of carers fair without giving them any scope of making any appeal?
Research methodology:
The method that is applied in reaching a conclusion regarding any research is called research methodology. Knowledge and precision are two important factors in deducing any conclusion that will help enhance the meaning of the research. The method that is mostly applied in cases of a proper theoretical research is by studying the scholarly articles or by having a positive outlook on the people around who will help in forming an opinion. The method of conducting research is planning out strategies that will go with the detailed framework and then collecting data that will align with the research. After the data has been collected, it needs to be analyzed so that it fits the research objective and then with the help if deduction the research shall be studied to reach a favorable conclusion.
Positivism:
Research philosophy has many facets and positivism is one the views of research philosophy. In this kind of research philosophy, the opinion of the scholars as well as social factors is taken into consideration to reach a desired opinion on the research topic. Along with the social factors, the law of nature shall also be an important tool of deduction. The research shall be transparent as well as honest and the researcher shall inspect and carry out proper experiment to that effect. In this case, positivism approach shall be taken.
Deductive approach:
The deductive approach is a better option as it aims at taking into consideration the assumptions and speculations and then draws a conclusion which is applicable to the current research. The research shall apply the deductive approach as it will help in exploring the subject and thereafter help in the investigation of the subject matter.
Secondary data collection
The data is collected from secondary sources and already existing sources like books and journals. Books reports and journal articles have been used for this research process.
Qualitative data analysis
The Commission into Institutional Responses to Child Sexual Abuse has conducted a study where it was found that caretakers who are responsible for taking care of the children in out of home care services are the ones who inflict sexual abuse and torture on the children. Children are at the receiving end of torture and therefore it is important that they are made to feel secure and safe. If children need to open up, the atmosphere has to be conducive so that children feel at ease to express their concerns without any fear.
Jurisdictional issues & Regulatory networks
In the year 1990, the World Health Organization defined abuse as mistreatment of children and neglect. As per the data that has been provided, it becomes increasingly clear that sexual abuse by carers is becoming common place and all the countries who are signatories to the WHO have stated that children are ill-treated and therefore there needs to be strict laws to address the issue. The WHO, the World Studies of Abuse in the Family Environment project are the new regulatory bodies that are looking into the abuse and finding ways to end it.
Literature Review
Authors have been of the opinion that foster care homes and out of home cares have inflicted trauma and pain on children and the prevalence of abuse has been very high. The trauma should be gauged from the behavior of children and how that is a giveaway of how abuse can alter the happiness of a child. The approach of therapy and counseling is the best way for a child to feel secure. Every out of home care house should have a legal aid clinic where the children can express themselves. There have been instances of rape, sexual harassment and only way to get the disclosure of the same is to create a friendly environment and also ensure clinical intervention when the situation gets serious. There shall be no arbitrary punishment mechanism and therefore to make the process fair, it is important that both parties should be heard and the carers should be given a chance to explain their point. There have been backlog of cases and hence the process should be expedited and also the carers should be given a chance to apply for an appeal so that the cases are not heard ex parte. Transparent fair and expeditious appeal process should be allowed where the carers can get justice. Therefore, keeping in mind the aim of the Royal Commission to ensure speedy justice mechanism, the rights of both the carers as well as the children should be kept in mind so that there is no abuse of power and travesty of justice.
Timeline

Task Name

Duration

Start

Finish

Legal Research in Child care and Safety

173 days

Thu 8/16/18

Mon 4/15/19

   Conduction of a meeting with the stakeholders of the house

10 days

Thu 8/16/18

Wed 8/29/18

   Decision regarding Child Safety and care

2 days

Thu 8/30/18

Fri 8/31/18

   Selection of Individuals to look after different posts in the house

5 days

Mon 9/3/18

Fri 9/7/18

   Launching a care unit and stress free unit for counseling the children

40 days

Mon 9/10/18

Fri 11/2/18

   Providing the plan to the Government for approval of the plan

1 day

Mon 11/5/18

Mon 11/5/18

   Receiving a NOC from the Government

5 days

Tue 11/6/18

Mon 11/12/18

   Preparing policies and Guidelines

50 days

Tue 11/13/18

Mon 1/21/19

   Implementing Policies and Guidelines

45 days

Tue 1/22/19

Mon 3/25/19

   Review and regular check up of the proper implementation of the plans and policies

15 days

Tue 3/26/19

Mon 4/15/19

 Table No1- Time Schedule
Source: (As created by the Author)
 
Figure No 1: Gantt chart
Source: (As created by the Author)
References
Euser, Saskia, et al. “The prevalence of child sexual abuse in out-of-home care: A comparison between abuse in residential and in foster care.” Child maltreatment 18.4 (2013): 221-231.
Russell, Diana EH. “Sexual exploitation: Rape, child sexual abuse, and workplace harassment.” (1984): 507-519.

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