april 2006 south pacific council of youth and children’s courts 2006 tasmanian conference “ the...

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April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus on Indigenous Issues” Pip Shirley Project Officer Magistrates Court of Tasmania

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Page 1: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

“ The Child Protection System and Magistrates Courts -

A Focus on Indigenous Issues”

Pip Shirley

Project Officer

Magistrates Court of Tasmania

Page 2: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

The Child Protection System in Australia

Reports of concernabout wellbeing of

child

Child Protection notification recorded and assessed

Child Protection Investigation Conducted

Substantiation

Care and Protection Order

Other kind of response

Dealt with by other means

Notification not substantiated

Other service provided (including out of home care)

SupportService

Page 3: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Court Processes

Children, Young Persons and their Families Act, 1997 (Tas)

Two main court orders

S 22 – Assessment Order

S 42 – Care and Protection Order

Page 4: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Some Statistics – Applications for Assessment Orders and Care and Protection

Orders

0

10

20

30

40

50

60

70

80

90

Jul

Aug

Sep Oct

Nov

Dec Ja

n

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep Oct

Nov

Dec Ja

n

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep Oct

Nov

Dec Ja

n

Feb

Mar

2003 2004 2004 2005 2005 2006

APPLICATIONS CPOs

APPLICATIONS AOs

Page 5: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Notifications – Department of Health and Human Services

YEAR Number of notifications

Number of substantiations

Number of Applications for all types of orders made to MC

1999-00 422 97 2000-01 315 103 2001-02 508 158 2002-03 741 213 2003-04 7248 427 407 2004-05 10788 782 602

Page 6: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Page 7: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Research has shown: -

Children and families who come into contact with the protection and support system often share common social and demographic characteristics

Over representation of: -

• Families with low incomes or that are reliant on pensions and benefits

• Families that experience alcohol and substance abuse or a psychiatric disability

• Families that have a history of domestic violence

Page 8: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Indigenous Communities

High incidence of child abuse and neglect within Indigenous Communities as compared to non-Indigenous Communities

Rate of children 0-17 years on child protection orders at 30 June 2005

• Non-Indigenous children 4.3 per 1000 children

• Indigenous 25.8 per 1000 children

Page 9: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

The Aboriginal Child Placement Principle

• Placement with the child’s extended family (Indigenous or non-Indigenous relatives/kin)

• Placement with child’s Indigenous community

• Placement with other Indigenous people

Page 10: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Page 11: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Sentencing Courts for Indigenous Offenders

A Brief Overview

Applying Restorative Justice Principles in the Sentencing of Indigenous Offenders

and Children

Judge Sarah Bradley

District Court of Queensland

AND

Page 12: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Indigenous Culture

Customary law “connotes a body of jural rules and moral evaluation of customary and socially sanctioned behaviour patterns”

Robert Tonkinson

Actions as diverse as the making of fire…and the avoiding of mothers-in-law are subsumed under djugarura (an established and morally-right order of behaviour”

Kenneth Maddock

Page 13: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Alternative Courts for the Sentencing of Indigenous

Offenders

• Circle Sentencing (NSW)

• Koori Courts (Victoria)

• Murri Court (Queensland)

• Nunga Court (South Australia)

• Ngambra Circle Sentencing Court (ACT)

• Community Court (NT)

• Community Justice Groups (Queensland)

• Community Justice Panels (Victoria)

• Yanderra Circle Court (WA)

Urban initiatives Rural Initiatives

Page 14: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Urban Initiatives

• Courts of summary jurisdiction• Offender must be indigenous• Offence must be admitted or a plea of guilt

entered• Magistrate retains the ultimate power to

impose a penalty after consultation with Elders and respected persons

Page 15: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Applying Restorative Justice Principles in the Sentencing of Indigenous Offenders and

Children

Judge Sarah Bradley

District Court of Queensland

February 2006

Page 16: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Indigenous Justice Initiatives

Over representation of Indigenous people in the criminal justice system

Acknowledgement that mainstream Australian methods are not particularly effective in rehabilitation of Indigenous Offenders or as a deterrent to others from committing offences

Methods which involve community participation, particularly that of respected Elders, are more culturally appropriate and therefore more likely to be effective

Page 17: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Community Justice Groups

• Established in Indigenous Communities• The first established in 1993 – currently total 43 in

remote and urban areas• Vary in size, strength and extent to which they are

truly representative• Have a legislative base – Aboriginal Communities

(Justice and Land Matters) Act 1994 and Community Services (Torres Strait) Act 1984

• In sentencing an offender the court must have regard to any submissions made by a representative of a community justice group

Page 18: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

General Functions

• Attempt to mediate disputes within communities• Work to reduce truancy and encourage parental

responsibility for children• Attend court and provide both written and verbal

reports on offenders• Visit community members in prison• Assist with the supervision of offenders on

community-based orders• Ideally given notice of upcoming matters in order

that a meeting of parties may be held before the court deals with them and outcomes provided to court

Page 19: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Other functions

• Usually consulted on child safety and child protection issues

• Health professionals consult with them and utilise their experience and expertise

• Schools• In recent years those in remote areas have been

expected to formulate alcohol management plans – a very controversial role

Page 20: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Use of Community Justice Groups for Indigenous Juvenile Offenders

• Use in Youth Justice Conference Process• Involvement of a true community voice• Involvement of respected Elders can have a very positive

effect on young offender• Can be well placed to oversee the completion of any

agreement arrived at through the conference• Supervise any community based penalty imposed by the

Court• Communities vary greatly in their capacity go put into

practice agreements reached through conferencing

Page 21: April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus

April 2006

South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference

Papers provided

• General Information on Indigenous Courts• Evaluation of Circle Sentencing in NSW• Sentencing Circle Overview and Guidelines• Problems and Issues in the recognition of Indigenous

Customary Law• ACT Magistrates Court – Final Interim Practice

Direction – Ngambra Circle Sentencing Court