Child protection and the role of the Children’s Court

Author(s):  
Rosemary Sheehan
2010 ◽  
Vol 35 (3) ◽  
pp. 11-17 ◽  
Author(s):  
Frank Ainsworth ◽  
Patricia Hansen

Child protection legislation in every Australian state and territory prohibits the disclosure of the identity of a person who acts as a mandatory reporter. There is also provision in most child protection legislation that prevents the naming of children and families in protection cases. It is argued that disclosure is not in the interests of the child, the family or the general public. Children's Court proceedings in most states and territories in Australia are closed to the public so that, unlike in most other jurisdictions, interested parties are not able to observe the proceedings. Child protection authorities also have considerable power to collect information about children and families from many sources. This power to obtain information is compounded by legislation which removes confidentiality provisions from professional codes of ethics. Furthermore, the rules of evidence do not ordinarily apply in the Children's Court. This article uses New South Wales as the exemplar state and raises questions about all of these issues.


1997 ◽  
Vol 22 (4) ◽  
pp. 14-21 ◽  
Author(s):  
Rosemary Sheehan

This article discusses the problems which confronted the Family Division of the Children’s Court, Victoria, in the management of cases in which there were mental health issues. Mental health issues were one of the major reasons for protective concerns in one in four cases presented to the Court during this study. They were cases which were often difficult to decide both because magistrates did not have knowledge about mental health problems and because there was a lack of expert information to assist them. Contributions by specialist mental health practitioners to the assessment of child protection applications were negligible and this meant the mental health problems were not identified for the Court. A more cooperative system which allows mental health professionals to work closely with the child protection service would be of greater assistance to the Court.


1996 ◽  
Vol 21 (4) ◽  
pp. 22-28 ◽  
Author(s):  
Anne Markiewicz

An evaluation of pre-hearing conferences in the Children's Court of Victoria was carried out during 1994 by five members of staff from the School of Social Work at the University of Melbourne. An interesting theme which emerged from this evaluation is the role of the convenor as pivotal to the process of the pre-hearing conference. The convenor has emerged as a critical figure in the success of the mediation process, and the knowledge, skills, and values they are equipped with are seen as essential to their effective operation. This article describes the role of convenors and the many responsibilities they must juggle in fulfilling their role, and the characteristics which make for an effective and successful conference. As conferences become a more frequent method of resolving conflict between individuals, families and society, it is hoped that the principles which emerge from this article will be applied to other conference proceedings. It is clear that we are moving away from conventional adversarial methods, to mediative and conciliative modes, and in doing so we need to become clear about the characteristics which are required for such processes. This is one exploratory study of a pilot project in Victoria which should be of interest to other conferencing and mediation mechanisms.


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