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The problems with section 102NA of the Family Law Act 1975

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“During the longest period of human history—so-called prehistorical times—the value or disvalue of an action was derived from its consequences: the action itself was considered as little as its origin, it was rather the way a distinction or disgrace still reaches back today from a child to its parents, in China, it was the retroactive force of success or failure that led men to think well or ill of an action… In the last ten thousand years, however, one has reached the point, step by step, in a few large regions on the earth, where it is no longer the consequences but the origin of an action that one allows to decide its value… one came to agree that the value of an action lay in the value of the intention. The intention as the whole origin and prehistory of an action: almost to the present day this prejudice dominated moral praise, blame, judgment, and philosophy on earth.— But today—shouldn’t we have reached the necessity of once more resolving on a reversal and fundamental shift in values, owing to another self-examination of man, another growth in profundity—do we not stand at the threshold of a period which should be designated negatively, to begin with, as extra-moral: today, is not the suspicion growing, at least among us immoralists, that the decisive value of an action lies precisely in what is unintentional in it, while everything about it that is intentional, everything about it that can be seen, known, “conscious,” still belongs to its surface and skin—which, like every skin, betrays something but conceals even more? In short, we believe that the intention is merely a sign and symptom that still requires interpretation, moreover, a sign that means too much and therefore, taken by itself alone, almost nothing—that morality in the traditional sense, the morality of intentions, was a prejudice, precipitate and perhaps provisional, something on the order of astrology and alchemy, but in any case something that must be overcome.”

― Friedrich Nietzsche, Beyond Good and Evil (1886)
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