Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
A presentation to
Heads of Jurisdiction
by
Allan Borowski and Rosemary Sheehan
Launceston, Tasmania
Thursday 6 April 2006
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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
Content of Presentation
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Who are we?
Objectives of the Study
Background
Some Past Changes in the Children’s 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?
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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 Children’s 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, Children’s 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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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Objectives of the Study
Identify contemporary status and current challenges
faced by Australia’s Children’s 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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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Background
8 jurisdictions in Australia
The Children’s 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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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Some Past Changes
From joint to separate child welfare and criminal
jurisdictions within the Children’s Courts.
Developments of alternative dispute resolution
mechanisms, e.g., family group conferencing, prehearing 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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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 Children’s Koori Court in Victoria
Integration of the Children’s 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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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Significance of Study
Is timely given contemporary debates about the shape
of the child welfare and juvenile justice systems
Children’s 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
Australia’s 8 jurisdictions.
Findings important in informing new policy directions
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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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
Children’s Court matters, especially in non-metropolitan regions
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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
What the Study Asks of You
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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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Australia’s Children’s Courts
Today and Tomorrow:
A National Portrait
Thank you very much.
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