Needs or deeds? Child protection and youth justice in the Australian Capital Territory

Abstract

This paper reports on research conducted as part of a national study on the views of judicial officers and other stakeholders in Australia's Children's Courts. It focuses on the Australian Capital Territory (ACT), and in particular the way in which care and protection matters are dealt with separately from youth justice matters. Many research participants advocated alternatives which were less formal and more focused on the needs of children and young people. Frequent positive references were made to the Scottish Children's Hearing system: a non-judicial diversionary system in which children and young people are treated on the basis of ‘needs and not deeds’, in which the welfare of young people who offend is prioritised. Using the Scottish model as a counterpoint to that of the ACT, the paper outlines the main features of the ACT system, and what informants thought were the key philosophical and practical challenges facing the Court. The universal dilemma of how to balance the welfare of young people with a justice agenda is highlighted by the differing arrangements in these jurisdictions.

Keywords:

• Children's Court
• juvenile justice
• care and protection

Notes

1. In the ACT the Court is termed the ‘Childrens Court’ (section 288 of the Magistrates Court Act 1930) not the ‘Children's Court’ which is the term used in many other states.

2. From 25 July 2011, after data collection ceased for this project, this court was officially recognised in legislation and renamed as Galambany Court. It provides a Circle Sentencing process enabling the Aboriginal and Torres Strait Islander community to collaborate with the ACT criminal justice system to address offending in culturally relevant ways for ATSI people.

3. On 23 June 2011, subsequent to the interviews for this project, the ACT Government announced intended reforms to the youth justice system including the introduction of parole.

4. After completion of the data collection for this research the ACT Government announced the implementation of an afterhours bail service for young people (http://www.dhcs.act.gov.au/home/publications/annual_reports/2010_-_2011).

5. After the data collection period of this research the ACT Human Rights Commissioner conducted a report into Bimberi Youth Justice Centre (http://www.hrc.act.gov.au) and the ACT Government announced comprehensive reforms including increased diversionary procedures for young people (http://www.dhcs.act.gov.au/ocyfs). A youth drug court has also been implemented by the Childrens Court Magistrate.