CARE & PROTECTION

OF CHILDREN

CONTEMPORARY ISSUE:
 LEGAL RESPONSES

• Historically, there was no

childhood (during Industrial
Revolution and Victorian
times) eg// OliverTwist.

• Rather they were seen as

small adults.
• Sometimes children are not cared for adequately by their parents or guardians
and are victims of child abuse.

• Abuse of a child means assault, including sexual assault, ill-treatment of the

child and exposing a child to behaviour that is psychologically harmful and
neglected.

• Sometimes children are placed in the care of other people besides their
parents. This is called ‘out-of-home care’.

• The number of children who are in out-of-home care has risen significantly
in Australia since 1998.
• Until the Convention of the Rights of the Child (CROC) where we
now have “the best interest of the child”. This is now inserted into
Australian legislation in the Family Law Act:

• Section 60 – limits parental access if there is evidence of violence.

• Secion 4 A/B – defines family violence very broadly – this could

involve having to clean up after the violence has occurred, having
to call the ambulance, even if violence not enacted upon them or
even witness the violence they will still be said to have experienced
it.
• However the most important piece of legislation is the Children &
Young Persons (Care & Protection) Act (NSW)
• Section 8 – Purpose – for children to have a safe, stable and non-
violent environment
• Section 27 – Mandatory reporting – anyone who has direct
responsibility for children eg// teachers, police officers, doctors
MUST report suspected abuse.
• Section 30 – Allows FACS to investigate claims of child abuse.
• Section 43 – Police may remove those children if there is
reasonable grounds of abuse or neglect.
• Sections 95–105 – Allows for special conditions in the Children’s
Court eg// closed court, explanation to kids about proceedings,
someone present with them.
• Children are also treated differently when they experience the
Criminal Justice system.

• Case Study – R & Elm (2006) is a good example of children

needing protection. In this case DOCs intervened where a woman
from Africa who had AIDS (and pregnant at the time) – where she
was refusing to take her medication and stated that she would
refuse to give her child the medication when born – claiming that
GOD would take care of her.
• Royal Commission into Institutional Child Sexual
Abuse – was held between 2012 and 2017 and initiated by
PM Gillard. It fielded over 42,000 calls, 25,000 letters and
emails, held over 8,000 private sessions and referred 2,500
referrals to police for possible prosecutions.

• It made 189 recommendations for changes in many areas

to prevent this level of institutional abuse.
 
 NON-LEGAL RESPOSES
• Braveheart

• Youth off the Streets Program

• Anglicare

• Benevolent Society

• Salvation Army

• CHOOSE ANY 2 OF THESE TO RESEARCH AND ASSESS THEIR

EFFECTIVENESS
 LCMD
 Four Corners Program – “Broken Homes” Nov14,2016

NSW Parliamentary inquiry finds child protection system in crisis

(2017) SMH. Answer the questions for this case.

Etc…….
 • Cases of failure to care and protect children

• https://www.smh.com.au/national/nsw/mother-guilty-as-children-found-living-in-squalor-in-illawarra-h
ouse-20180511-p4zenf.html

• https://www.9news.com.au/national/queensland-women-jailed-for-vile-assaults-on-toddler-found-eati
ng-off-the-floor/c5509474-ac85-4a25-8349-75f9b0844a8b