Australia's Children's Courts: An assessment of the status of and challenges facing the child welfare jurisdiction in Victoria

Abstract

This article reports the findings of a study of the views of Victoria's Children's Court magistrates on the current status and challenges faced by the Children's Court as well as proposals for reform that have recently been canvassed in Australia and overseas. This study was part of a larger “national assessment” of Australia's Children's Courts.

The Children's Court is a key social institution whose legal decision-making has major social consequences for children and families. This paper reports on the findings of a study which examined the court's contemporary status and challenges from the perspective of judicial officers and other stakeholders; it sought also their views about their degree of support for a range of possible reforms. The focus of this article is on the Court's child welfare jurisdiction which hears child protection matters brought before the Court by the statutory child protection service. This study was part of a larger national assessment of Australia's eight state and territory Children's Courts. The findings point to support for change in the approach to, and management of, child protection matters, within a more problem-solving court. Findings also point to the need for research on the understanding of court processes and decisions by parents and families.

Keywords::

• Children's Court
• magistrates
• child protection
• reform
• Australia