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 Courts2006 Tasmanian Conference
“ The Child Protection System and Magistrates Courts -
A Focus on Indigenous Issues”
Pip Shirley
Project Officer
Magistrates Court of Tasmania
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
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
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
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
April 2006
South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference
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
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
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
April 2006
South Pacific Council of Youth and Children’s Courts2006 Tasmanian Conference
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
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
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
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
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
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
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
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
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
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
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