Australia

1
Australias Childrens Courts Today and
TomorrowA National Portrait

• A presentation to
• Heads of Jurisdiction
• by
• Allan Borowski and Rosemary Sheehan
• Launceston, Tasmania
• Thursday 6 April 2006

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Content of Presentation
• Who are we?
• Objectives of the Study
• Background
• Some Past Changes in the Childrens Courts
• Possible Future Directions
• Previous Research
• Significance of the Proposed Study
• Methodology
• Communication of Results
• Funding
• Our Undertakings
• What the Study Asks of You

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Who are we?

• Allan Borowski BComm, DipSocStuds, MA (Hons)
  (Melbourne) PhD (Brandeis)
• Early career in juvenile probation and parole in
  Victoria
• Currently Professor , School of Social Work
  and Social Policy, La Trobe University.
• Has researched juvenile crime, justice and
  corrections in the United States, Israel, the
  United Kingdom and Australia.
• Books Juvenile Delinquency in Australia
  (1985) Juvenile Crime, Justice and Corrections
  (1997).
• Proposal to evaluate Childrens Koori Court of
  Victoria, funding permitting.
• Rosemary Sheehan B Soc Stud (Syd), MSW (La
  Trobe), PhD (Monash).
• Senior Lecturer, Department of Social Work,
  Faculty of Medicine, Nursing and Health Sciences
  at Monash University.
• Pre-Hearing Conference Convenor, Childrens
  Court of Victoria.
• Research areas child welfare and the law,
  mental health, family violence and judicial and
  correctional responses to women offenders.
• Current research projects look at
  experiences of children of parents who in
  criminal justice system
• Book, Magistrates Decision-Making in
  Matters of Child Protection published in 2001 by
  Ashgate (UK), a study of judicial decision-making
  in child welfare matters.

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Objectives of the Study
• 1. Identify contemporary status and current
  challenges faced by Australias Childrens Courts
  from the perspective of key stakeholders.
• Identify the reforms in the child welfare and
  juvenile justice systems and child welfare
  jurisdiction that key stakeholders believe are
  necessary
• Gather information from key stakeholders about
  the effectiveness of new approaches introduced in
  recent times into the child welfare jurisdiction
  and child welfare and juvenile justice systems

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Background
• 8 jurisdictions in Australia
• The Childrens Court is a dynamic institution
• Grounds for child protection interventions and
  the structures for and nature of statutory
  responses vary
• Marked differences in rates of juvenile detention
• Salience and frequency of concerns about
  juveniles and child welfare matters vary from
  State to State
• Over-representation of indigenous youth

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Some Past Changes
• From joint to separate child welfare and criminal
  jurisdictions within the Childrens Courts.
• Developments of alternative dispute resolution
  mechanisms, e.g., family group conferencing,
  pre-hearing conferences, etc.
• Increased emphasis on rights of the child and due
  process
• Pre-Court diversionary programs (e.g., Police
  Cautioning)
• Increased seriousness of offences and offenders
  dealt with in court

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Possible Future Directions
• Abolition of criminal jurisdiction (advocated by
  some in US)
• Greater use of problem-oriented courts, e.g.,
  Youth Drug Courts
• Specialist court with problem-solving and
  therapeutic overtones, e.g., the Childrens Koori
  Court in Victoria
• Integration of the Childrens Court and the
  Family Court
• From an adversarial to an inquisitorial approach
• Increased use of public-private partnerships in
  service provision
• Greater case management/supervision role for
  court
• Problem-solving role incorporating principles of
  therapeutic jurisprudence

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Previous Research
• No previous Australian studies have sought
  magistrates/judges views
• Overseas studies of judges (US and Canada) have
  focused on criminal jurisdiction exclusively,
  e.g., sanctioning ideology, factors shaping case
  disposition decision, attitudes to remand,
  sentencing and binding over to adult courts.

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Significance of Study
• Is timely given contemporary debates about the
  shape of the child welfare and juvenile justice
  systems
• Childrens Courts and their judicial officers
  have never been the subject of a national study.
• Focus on child welfare and criminal jurisdictions
  
• National focus permits comparisons between
  Australias 8 jurisdictions.
• Findings important in informing new policy
  directions

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Methodology
• Step 1 Prepare profile of each jurisdiction to
  create a broad brush pictures of issues and
  challenges in each State/Territory
• Step 2 1-2 focus groups in each capital city
  with key stakeholders (police, legal aid lawyers,
  Department of Community Services, advocacy
  groups)
• Step 3 Individual interviews with Heads of
  Jurisdiction (President/Chief Judge, Senior
  Magistrate) other city-based and circuit
  judges/magistrates.
• Step 4 Informed by analysis of data generated
  in Steps 1-3, a mailed survey of all other
  judges/magistrates who deal with Childrens Court
  matters, especially in non-metropolitan regions

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Methodology (continued)
• Focus group and individual interviews will be
  analysed thematically
• Mailed survey is analysed quantitatively.
• Duration of study 2 years
• Aim to commence in March 2007
• Research Advisory Committee will be established
  to oversee the study

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Communication of Results
• Presentation to of findings to meeting of Heads
  of Jurisdiction in late 2008/early 2009
• Executive summary of research report provided to
  each interviewee
• Proactive distribution of executive summary to
  key figures in child welfare and juvenile justice
• Presentation of findings at appropriate fora,
  e.g. conferences
• Ideally, research will be published as a book.

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Funding for Research
• An Australian Research Council Linkages Grant is
  sought by La Trobe University (with participation
  of Monash Uni) with the industry partners as the
  Law Foundations of Victoria, NSW and South
  Australia.
• A parallel application will be submitted to the
  Criminology Research Council.
• Advice re funding should be available by the end
  of 2006.

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Undertakings
• To obtain ethics committee approvals as required
  before beginning the study
• Provide opportunity for Heads of Jurisdiction to
  comment on draft research report for errors of
  omission/commission
• To ensure confidentiality of identity of research
  participants
• To securely store research data

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Australias Childrens Courts Today and
TomorrowA National Portrait

• What the Study Asks of You
• Your support
• Letters of support and perhaps other
  documentation for both grant application and
  ethics committee approval purposes
• Agreement to be interviewed by the researchers
• Encouragement of your judicial colleagues and
  other stakeholders to participate in the study
• Appointment of contact persons in each
  jurisdiction to facilitate carrying out Steps 1-4
  of the study by the researchers
• Nominating a representative to the Research
  Advisory Committee
• Comments on draft research report.

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Australias Childrens Courts Today and
TomorrowA National Portrait

• Thank you very much.