Children and the Law in Australia

Children and the Law in Australia
Author: Lisa Young (Barrister)
Publisher:
Total Pages: 0
Release: 2017
Genre: Child abuse
ISBN: 9780409342024

The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016

Speaking for Ourselves

Speaking for Ourselves
Author: Australia. Law Reform Commission
Publisher:
Total Pages: 131
Release: 1996
Genre: Child witnesses
ISBN: 9780642245830

Children, the Law and the Welfare Principle

Children, the Law and the Welfare Principle
Author: Kerry O'Halloran
Publisher: Taylor & Francis
Total Pages: 216
Release: 2023-10-09
Genre: Law
ISBN: 1000968677

This book contrasts and compares the different application of the law relating to the welfare interests of children in Australia and New Zealand including, respectively, the Indigenous and Māori children of those countries. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in Australia and New Zealand.

Broken

Broken
Author: Camilla Nelson
Publisher: Black Inc.
Total Pages: 289
Release: 2021-08-31
Genre: Law
ISBN: 1743821956

A devastating account of how Australia’s family courts fail children, families and victims of domestic abuse The family courts intimately affect the lives of those who come before them. Judges can decide where you are allowed to live and work, which school your child can attend and whether you are even permitted to see your child. Lawyers can interrogate every aspect of your personal life during cross-examination, and argue whether or not you are fit to be a parent. Broken explores the complexities and failures of Australia’s family courts through the stories of children and parents whose lives have been shattered by them. Camilla Nelson and Catharine Lumby take the reader into the back rooms of the system to show what it feels like to be caught up in spirals of abusive litigation. They reveal how the courts have been politicised by Pauline Hanson and men’s rights groups, and how those they are meant to protect most – children – are silenced or treated as property. Exploring the legal culture, gender politics and financial incentives that drive the system, Broken reveals how the family courts – despite the high ideals on which they were founded – have turned into the worst possible place for vulnerable families and children. Camilla Nelson is an associate professor in media at the University of Notre Dame Australia. A former Walkley Award winner, her writing has appeared in The Conversation, The Independent, Guardian Australia, Mamamia, Marie Claire and the ABC. Broken is her fifth book. Catharine Lumby is a media professor at the University of Sydney. She has a law degree, is the author of six books and has written for The Guardian, The Sydney Morning Herald, ABC-TV and The Bulletin. 'What happens to kids in our family law system should be a national scandal – and yet, so few people know about it. This book finally lifts the lid on this broken system, and shows how this once-great institution now regularly orders children to see or live with dangerous parents, and bankrupts the victim-parents trying to protect them. An urgent call to action.'—Jess Hill, author of See What You Made Me Do 'This searing review of Australia’s family court system is in turns heartbreaking and enraging. Drawing on recent cases and interviews, it shows how family violence continues to be misunderstood and how violent perpetrators are able to manipulate the legal system. It reveals that too often children are not heard, sometimes with devastating outcomes. This book is an urgent appeal: we must do better.'—Professor Heather Douglas, author of Women, Intimate Partner Violence and the Law

Australia's Children's Courts Today and Tomorrow

Australia's Children's Courts Today and Tomorrow
Author: Rosemary Sheehan
Publisher: Springer Science & Business Media
Total Pages: 220
Release: 2013-04-05
Genre: Law
ISBN: 9400759282

The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.

Health Law in Australia

Health Law in Australia
Author: Benjamin Peter White
Publisher:
Total Pages: 881
Release: 2014
Genre: Medical laws and legislation
ISBN: 9780455231549

Annotation. HEALTH LAW IN AUSTRALIA 2ND EDITION is Australia's leading text in this area and was the first book to deal with health law on a comprehensive national basis. In this important field that continues to give rise to challenges for society, the book takes a logical, structured approach to explain the breadth of this area of law across all Australian jurisdictions. By covering all the major areas in this diverse field, HEALTH LAW IN AUSTRALIA 2ND EDITION enhances the understanding of the discipline as a whole. The work begins with an exploration of the general principles of health law, including chapters on "Negligence", "Children and Consent to Medical Treatment", and "Medical Confidentiality and Patient Privacy". The book goes on to consider beginning-of-life and end-of-life issues, before concluding with chapters on emerging areas in health law, such as medical research, genetic technologies and biotechnology. The contributing authors are national leaders who are specialists in these areas of health law and who can share with readers the results of their research. HEALTH LAW IN AUSTRALIA 2ND EDITION has been written for both legal and health audiences. It is essential reading for undergraduate and postgraduate students, researchers and scholars in the disciplines of law, health and medicine, as well as health and legal practitioners, private health providers, and government departments and bodies in the health area.

Seen and Heard

Seen and Heard
Author: Australia. Law Reform Commission
Publisher: Australian Government Publishing Service
Total Pages: 784
Release: 1997
Genre: Law
ISBN:

The Inquiry's terms of reference were concerned with issues surrounding children's participation within the legal process. The Inquiry was not concerned with the substance of the laws, rights or entitlements of children within these processes, except as these relate to the processes themselves. The focus of the Inquiry on a broad range of legal processes enabled consideration of children's involvement in these processes from a national perspective. This focus permitted a wide and detailed examination of legal processes in different jurisdictions, the relationships between these processes and across portfolios and the consequences of children's involvement in one or more of the processes. In some areas, the legal processes examined were within State and Territory jurisdictions.

Institutional Abuse of Children

Institutional Abuse of Children
Author: Bill Madden
Publisher:
Total Pages: 203
Release: 2019
Genre: Abused children
ISBN: 9780409350616

Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended 'common law' framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions. Features ¿ Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia ¿ Examines the relationship between the National Redress Scheme and civil claims ¿ Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients

The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes
Author: Patrick Parkinson
Publisher: OUP Oxford
Total Pages: 256
Release: 2008-12-18
Genre: Law
ISBN: 0191553409

When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.