Bibliography

Child abuse and the law

Ainsworth, Frank; Hansen, Patricia.
Five tumultuous years in Australian child protection: little progress.
Child and Family Social Work v.11 no.1 Feb 2006: 33-41, tables

How effective are current mandatory reporting processes? This paper summarises organisational and legislative changes in this area since 2002 and reviews child protection data for 2003 - 2004 from all Australian jurisdictions except New South Wales. The paper focuses on the costs and the lack of effectiveness of the current approaches to the detection of child abuse.

Available from: Blackwell Publishing

Australian Capital Territory. Department of Disability, Housing and Community Services. Office for Children, Youth and Family Support.
Keeping children and young people safe: reporting child abuse: a shared community responsibility.
Canberra, ACT: Department of Disability, Housing and Community Services, 2005, 26, tables, Online (PDF 5.1MB)
http://www.dhcs.act.gov.au/__data/assets/pdf_file/0017/5660/keeping_childweb.pdf

The Australian Capital Territory's Children and Young People Act 1999 supports the legal requirement of certain professional groups to report non accidental physical injury and/or sexual abuse of children and young people. This paper provides information to mandated reporters and other professionals concerning the making of a report. It covers: definitions of child abuse and neglect; how child abuse can be identified; types of abuse; non accidental physical injury; sexual abuse; emotional abuse; neglect; legislative context; legislative principles; reporting requirements; voluntary reporting; mandatory reporting; reasonable grounds; penalties; making a report to Family Services; interstate issues; what to do if you are not sure whether what you are seeing constitutes abuse or neglect; information required when making a report; protection for reporters; confidentiality provisions; action following a report; responding to a disclosure made by a child or young person; frequently asked questions and contact numbers.

Available from: Office for Children, Youth and Family Support, Canberra ACT. Internet http://www.dhcs.act.gov.au/ocyfs/

Australian Institute of Health and Welfare.
Child protection Australia 2006-07.
Canberra, ACT: Australian Institute of Health and Welfare, 2008, 104p, (Child welfare series no.43), and Online
http://www.aihw.gov.au/publications/index.cfm/title/10566

Comprehensive information on state and territory child protection and support services for 2006-07 is reported. The report is based on the following four national child protection data collections: child protection notifications, investigations and substantiations; children on care and protection orders; children in out of home care; and intensive family support services. Detailed information includes data on their age, sex and Indigenous status. The report also includes data on the family type and the source of notification for child protection substantiations; data on types of orders and living arrangements for children on care and protection orders; and data on types of placements and length of time in care for children in out of home care.

Available from: Australian Institute of Health and Welfare http://www.aihw.gov.au

Bagshaw, Dale
A response to the AIFS report: Allegations of family violence and child abuse in child-related disputes in family law proceedings.
Australian Domestic and Family Violence Clearinghouse Newsletter no.29 Winter 2007: 15-16
http://www.austdvclearinghouse.unsw.edu.au/PDF%20files/Newsletter_29 .pdf

This article comments on the research report, 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies in 2007. The author discusses problems with the judicial definitions and comprehension of domestic violence, and how the responsibility for male violence - its allegations and evidence - is placed on mothers.

Available from: Australian Domestic and Family Violence Clearinghouse, School of Social Work, University of New South Wales http://www.austdvclearinghouse.unsw.edu.au/

Bailey, Alice
Separating safety from situational violence: response to 'Allegations of family violence and child abuse in family law children's proceedings: a pre-reform exploratory study'.
Family Matters no.77 2007: 26-27

The research report 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies in 2007, provides evidence challenging a common myth that women frequently claim false allegations of family violence in child custody cases. Unfortunately, unless these allegations are accompanied by strong evidence, they will have little impact on post-separation child contact. This article discusses these findings, and the wider debate on whether courts should discriminate between different forms or severity of domestic abuse. The author argues that child and carer safety must be of paramount concern, requiring separate court pathways for cases involving domestic violence, and improved resources for assessment and support.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

Biber, Katherine.
On not speaking: the right to silence, the gagged trial judge and the spectre of child sexual abuse.
Alternative Law Journal v.30 no.1 Feb 2005: 19-23

Should anything be inferred by the silence of the accused in legal cases? Comments by trial judges to the jury about the failure of the defendant to give evidence, particularly in the cases of Jones v Dunkel and Dyers v The Queen, are considered in this article. The article discusses the response of the High Court to the right to silence principle, and the implications for child sexual abuse prosecutions.

Available from: Alternative Law Journal, Law Faculty, Monash University, Clayton Vic 3168. Internet http://www.altlj.org/

Bikerdike, Andrew
Implications for family dispute resolution practice: response to the 'Allegations of family violence and child abuse in family law children's proceedings' report.
Family Matters no.77 2007: 20-25

This article discusses allegations of family violence in cases presenting to family dispute resolution (FDR) services, and the procedural challenges these present. Just like the high prevalence of allegations in court cases - as examined by the research report 'Allegations of family violence and child abuse in child-related disputes in family law proceedings' - FDR services face increasing numbers of violence-affected clients, many of whom will enter the court system. The article discusses service provision; quality assurance; assessing allegations; the use of FDR prior to court; adversarial courts versus the FDR process - 'allegation' versus 'disclosure'; client outcomes; and practitioner neutrality versus advocacy.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

Blackwell, Suzanne.
Expert psychological evidence in child sexual abuse trials in New Zealand.
In: Children and the Courts Conference: papers. Canberra, ACT: National Judicial College of Australia, Australian National University, 2005, 20p, Online (MS Word 132K)
http://web.archive.org/web/20060819232651/njca.org.au/Publications/Papers/Blackwell_Suzanne.paper.doc

Sections 23C to 23I, relating to rules in cases involving child complainants, were inserted into New Zealand's Evidence Act in 1990. These reforms allowed for the use of videotaped child interviews, the use of CCTV or screens, judicial directions about special aspects of sexual abuse cases and expert evidence. This paper explores the following controversies surrounding the reforms: that distressed or disordered behaviours in children are viewed by some as indicators of sexual abuse; the use of the terminology 'consistent' and 'inconsistent'; the straying of expert evidence into the territory of the 'ultimate issue' rule; whether expert evidence in such cases reaches the threshold for expert evidence; and variability in determination of what constitutes 'common knowledge'. It examines the current use of s23G and law reform proposals and presents results of a study on jurors' knowledge and beliefs about child sexual abuse. The paper argues that expert evidence in child sexual abuse trials is necessary.

Available from: National Judicial College of Australia http://njca.anu.edu.au/

Bromfield, Leah.
Proposed reforms to Victorian child protection legislation, policy and programs.
Child Abuse Prevention Newsletter v.12 no.2 Spring 2004: 12-17, and Online
http://www.aifs.gov.au/nch/pubs/newsletters/nl2004/spring.html#lb

Beginning in 2002 the Victorian Government undertook a three stage review of the state's statutory child protection service comprising an initial report, community consultation and publication of a reform agenda. This article summarises the ten key priorities identified in the final report for reform of Victoria's child protection service, the Children's and Young Persons Act, the Community Services Act, and the Children's Court.

Available from: Australian Institute of Family Studies, Level 20, 485 La Trobe Street, Melbourne, Vic 3000. http://www.aifs.gov.au/

Bromfield, Leah.
Chronic child maltreatment in an Australian statutory child protection sample.
Thesis (PhD) - Deakin University, 2005, 351p, tables, figures

The research presented in this thesis was conducted in order to provide policy makers and practitioners with an evidence base to better equip them to prevent children from experiencing chronic child maltreatment, and to decrease the high number of repeat referrals to statutory child protection services. The primary aims in this thesis were to develop a theoretical framework for understanding chronic child maltreatment and to investigate the prevalence, course and predictors of chronic child maltreatment. Chronic child maltreatment is not a series of discrete events or incidents; rather it refers to incidents that occurred in groups or clusters, related to a family or individual problem or circumstance. An additional aim was to investigate the composition of child protection data and to determine whether a sample of children referred to statutory child protection services were the same as a sample of children who had been maltreated. It was found that the majority of children referred to statutory child protection services experienced chronic child maltreatment.

Bromfield, Leah M; Higgins, Daryl J.
The limitations of using statutory child protection data for research into child maltreatment.
Australian Social Work v.57 no.1 Mar 2004: 19-30, tables

Child protection legislation has undergone a number of changes since its inception, changes that have redefined the population of children in need of protection. However, child protection data on notifications and substantiations remain the most common source of data for statistics on the rate of maltreatment and the breakdown of specific maltreatment types. In the present study, three factors are identified that have compromised the accuracy of child protection data reporting the incidence of child abuse and neglect: (i) the legislative changes that mandate child protection services to protect children from harm rather than from identifiable adult actions; (ii) the shift from the Harm Standard to the Endangerment Standard; and (iii) the assignment of responsibility solely to parents. The examples in this paper are drawn from Australian legislation, however, the legislative changes that have created these issues are evident internationally, rendering child protection data an unreliable and invalid source for statutory or research data on the rates of child maltreatment. (Journal abstract)

Available from: Australian Association of Social Workers, PO Box 4956, Kingston ACT 2604. Internet http://www.aasw.asn.au . Subscription: Blackwell Publishers

Bromfield, Leah; Higgins, Daryl.
National comparison of child protection systems.
Melbourne, Vic: National Child Protection Clearinghouse, Australian Institute of Family Studies, 2005, 31p, tables, figures, (Child abuse prevention issues no.22, Autumn 2005), and Online
http://www.aifs.gov.au/nch/pubs/issues/issues22/issues22.html

This paper is a national snapshot of Australian statutory child protection services. Data were collected in each state and territory via policy documents, procedure manuals and telephone interviews with relevant child protection personnel. Topics covered are: who is responsible for child protection; intake procedures; who notifies concerns to child protection services; and the process of providing child protection services in Australian states and territories (intake, risk assessment, investigation and case management). Similarities and differences across states and territories in each of these areas are highlighted. Despite different legislative frameworks and some operational differences, Australian state and territory statutory child protection services are providing very similar models of intervention. Implications are explored with regard to: competency standards, training and professional development; and cross jurisdictional issues.

Available from: National Child Protection Clearinghouse, Australian Institute of Family Studies, Level 20, 485 La Trobe Street, Melbourne, Vic 3000. http://www.aifs.gov.au/nch/

Brown, Thea; Alexander, Renata.
Child abuse and family law: understanding the issues facing human service and legal professionals.
Crows Nest, NSW: Allen and Unwin, 2007, 200p

This book examines child abuse and child abuse allegations during parental separation and divorce, within the context of Australian family law. It begins with a brief history of child abuse in family law, including false allegations and parental alienation syndrome, and discusses the current laws of case law and child protection under the Family Law Act. The book examines the reporting, prevalence, definition, evidence, and custody and contact considerations of different types of child abuse, and the impact divorce and child abuse allegations have on families. The book concludes with child protection considerations of working with children, alleged perpetrators and non-offending parents and working with legal services, and includes case studies of intervention.

Champion, Taryn.
States of neglect: an analysis of child protection legislation and the link with child and youth homelessness.
[N.S.W.] : National Youth Coalition for Housing, c2005, 2005, 48p, tables

This report explores the different statutory child protection systems across Australia and how they interface with the Supported Accommodation Assistance Program (SAAP) service system. It also examines the current data available relating to statutory child protection Authorities and SAAP and how different States and Territories have or have not responded to this interface. It found that there is an inconsistency across States and Territories between the compulsory schooling age and the definition of a child and/or young person according to their respective child protection Acts. The literature search indicated that there is an over-reliance on home-style based care, eg foster care. The failure of foster care to appropriately respond to demand has meant a resulting spill over from the state-funded Out-Of-Home Care system to other service systems, such as the national SAAP system, which is not seen as an appropriate programmatic response to provide care and protection for children.

Child protection in the workplace: responding to allegations against employees.
Sydney, NSW: NSW Ombudsman, 3rd ed., 2004, 150p, Online (PDF 434K)
http://www.ombo.nsw.gov.au/show.asp?id=136

There have been a number of important changes to the child protection system in New South Wales during the last decade. This third edition of the guidelines reflects some of those changes as they relate to the Ombudsman's child protection role. The guidelines are primarily intended to assist government and certain designated non-government agencies understand their obligations under the Ombudsman Act 1974. Sections in the guidelines include relevant legislation; head of agency responsibilities; allegations against employees; the Ombudsman's role in child protection; investigative processes. A notification form and list of useful contacts are provided, and appendices including a listing of reportable conduct offences, a practical guide for agencies developing a child protection policy, an agency self-assessment checklist for reviewing child protection policy, how to develop a code of conduct, and some basic guidelines for interviewing children.

Available from: NSW Ombudsman, Level 24, 580 George Street, Sydney NSW 2000. Internet http://www.nswombudsman.nsw.gov.au/

Family Court of Australia
Implications of the Australian Institute of Family Studies 'Allegations of family violence and child abuse in family law children's proceedings' report: response.
Family Matters no.77 2007: 16-17

In this article, the Family Court of Australia commends the research report, 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies in 2007. The article emphasises the value of reliable evidence and guidelines in judicial decision making, and highlights Family Court initiatives in improving practices and outcomes, such as the Less Adversarial Trial, the Child Responsive Model, and staff training.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

Farrell, Ann.
Child protection policy perspectives and reform of Australian legislation.
Child Abuse Review v.13 2004: 234-245

Adult designed child protection policy and legislation are used to respond to and minimise risk to children. This article considers the dominant ideology of childhood, the predominantly adult agendas and various views on child protection and child liberation. It looks at international agreements, Australian legislation and the 'Seen and heard report' from the Human Rights and Equal Opportunity Commission and the Australian Law Reform Commission.

Available from: British Association for the Study and Prevention of Child Abuse and Neglect, 10 Priory Street, York, YO1 1EZ, UK. Subscription: Wiley Interscience

Federal Magistrates Court
Response to the Australian Institute of Family Studies 'Allegations of family violence and child abuse in family law children's proceedings' report.
Family Matters no.77 2007: 18-19

In this article, the Federal Magistrates Court of Australia discusses the practice implications of the research report, 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies in 2007. The article notes the prevalence of domestic violence and child abuse allegations in court cases, the legal challenges they present when there is little corroborating evidence, and the impact that alleged domestic violence can have on all parties involved. The use of sensitive and flexible case management and court processes can assist with decision making and improve the court experience for families.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

Heller, Richard F; Jamrozik, Konrad; Weller, David P.
Suspected child abuse: false positives or false negatives?
Medical Journal of Australia v.181 no.5 Sep 2004: 240-241, and Online
http://www.mja.com.au/public/issues/181_05_060904/hel10380_fm.html

How can better evidence into legal decision making in cases of possible child abuse be obtained, and is it better to have a system that leans towards acceptance of false positives or false negatives in attribution of guilt? This article considers the possible adaptation of the Australian model of applying evidence to compensation claims of military veterans, in which an independent panel assesses medical scientific evidence to determine the cause of injury or death.

Available from: Australasian Medical Publishing Company, Private Bag 901, North Sydney NSW 2059. Email ampco@magna.com.au. Internet http://www.mja.com.au/

Higgins, Daryl J; Bromfield, Leah M.
Understanding what child protection data mean: a national comparison.
In: Safety, Crime and Justice: from Data to Policy: conference papers. Canberra, ACT: Australian Institute of Criminology, 2005, 9p, Online only (PDF 111K)
http://www.aic.gov.au/conferences/2005-abs/higgins.pdf

The National Child Protection Clearinghouse examined legislation, policy documents and procedure manuals, and conducted telephone interviews with child protection personnel in each state and territory. This paper provides a national snapshot of Australia's eights different statutory child protection services. It covers the following topics: who is responsible for child protection; intake procedures; who notifies concerns to child protection services; the process of providing child protection services in Australian states and territories (intake, risk assessment and investigation). The paper highlights similarities and differences across states and territories in each of these areas and considers implications for policy makers in the areas of data collection, competency standards and training, cross border issues, and the importance of national standards.

Available from: Australian Institute of Criminology, GPO Box 2944, Canberra ACT 2601. Email aicpress@aic.gov.au. Internet http://www.aic.gov.au

Howard, Sue.
How well does Australia stack up internationally on child protection?
Australian Children's Rights News no.42 Dec 2006: 19-24

This article provides summary details of an analysis into the extent to which each State and Territory and the Commonwealth Governments have addressed three international standards that relate to child protection. It also reviews directions of similar nations (Canada, New Zealand, USA) to provide further suggestions on the scope of a national child protection policy. (Journal abstract)

Available from: Defence for Children International (DCI) Australia http://www.dci-au.org/

Hoyano, Laura; Keenan, Caroline.
Child abuse: law and policy across boundaries.
Oxford, UK: Oxford University Press, 2007, 1002p, figures, tables

This book examines the laws and key procedures relating to the investigation and adjudication of child abuse allegations in England, highlighting these with laws from the similar jurisdictions of Australia, New Zealand, Canada and the United States. The laws are analysed together to establish the amount of abuse warranting state intervention, what evidence is required and how it may be collected, and what actions are available once the allegation is proven. This book also includes chapters on the influences on current law, liability and duty of care, abuse in institutional settings, liability of child protection agencies, interviewing children, court procedures, character evidence and admissibility, and expert witnesses.

Jacob, Alison; Fanning, David.
Report on child protection services in Tasmania.
Hobart, Tas: Department of Health and Human Services, 2006, 142p, tables, and Online (PDF 673K)
http://www.dhhs.tas.gov.au/__data/assets/pdf_file/0009/32967/child_protection_report_6_October.pdf

Evidence suggests that Tasmania's child protection system is collapsing. The results of the System Development and Operational Improvement Project, which investigated Tasmania's child protection services was completed in July 2006. Results presented in this report cover the following areas: capacity and functioning of the system; understanding the role and function of the child protection service; profile and status of the child protection service; defined direction and purpose of the child protection service; complexity of child protection work; capacity of family and child support services to support child protection work; legislative framework; policy and guideline framework; intake, advice and referral processes; allocation, assessment and investigation processes; case management and case planning practices; out of home care services; out of hours services; staff issues, support and management; infrastructure and resourcing; and quality assurance.

Available from: Department of Health and Human Services Tasmania http://www.dhhs.tas.gov.au/

Kolasa, Samantha.
Community based intake and child protection intake: how the two can work together to provide better outcomes for vulnerable families.
Developing Practice: The Child, Youth and Family Work Journal no.17 Summer 2006: 40-49

Victoria's Family Support Innovation Projects provide a central network of services to support vulnerable families. The aim of the projects is to reduce the demand for child protection intervention. New legislation has also been developed, the Children, Youth and Families Act, which reduces the number of entry points for family services and makes them more visible. The benefits of this newly integrated system are explained and examples are given.

Available from: Association of Childrens Welfare Agencies http://www.acwa.asn.au/

Kusuma, Rosemary.
Review of the Child Protection Register Report under s 25(1) of the Child Protection (Offenders Registration) Act 2000.
Sydney, NSW: NSW Ombudsman, 2005, 207p, figures, tables, Online (PDF 1000K)
http://www.nswombudsman.nsw.gov.au/publication/PDF/Other%20Reports/ Child_Protection_Register_Report.pdf

This review of the first two years of the operation of the Child Protection (Offenders Registration) Act examines the extent to which the objectives of the legislation have been achieved in practice. The report examines: who is required to be on the child protection register; the practical operation of the processes used to notify persons of their registration and reporting obligations; the process of reporting by registered persons and the management and prosecution of people who have failed to comply with their reporting obligations; how police have used the information on the register, particularly to monitor the behaviour of high risk offenders. The effects of the Child Protection (Offenders Registration) Amendment Act 2004 are taken into account. The report makes recommendations that aim to improve the notification, registration and reporting processes, and increase the police use of information on the register.

Available from: NSW Ombudsman, Level 24, 580 George Street, Sydney NSW 2000. Internet http://www.nswombudsman.nsw.gov.au

Liddell, Max; Donegan, Teresa; Goddard, Chris; Tucci, Joe.
The state of child protection: Australian child welfare and child protection developments 2005.
Caulfield, Vic: National Research Centre for the Prevention of Child Abuse, 2006, 57p, and Online (PDF 3264K)
http://www.nrcpca.monash.org/assets/files/childprotection.pdf

This project aimed to critically examine recent child protection policy and legislation in Australia. It covers Australia's eight different child welfare and protection systems, looking at developments in child protection systems, family support, out of home care and developments in the domestic violence field. Some of the major findings related to numbers of notifications to child protection systems and substantiation rates; involvement of Indigenous people in child protection systems; expansion of the child protection work force; the 'economic abuse' of children; police and other checks on employees and volunteers of children's services; the lack of quality out of home care placements; unmanageable workloads for child protection workers; and children's commissioners or children's advocates.

Available from: National Research Centre for the Prevention of Child Abuse http://www.nrcpca.monash.org/

Mathews, Ben.
Judicial considerations of reasonable conduct by survivors of child sexual abuse.
University of New South Wales Law Journal v.27 no.3 2004: 631-666

Some survivors of child sexual abuse who wish to bring civil legal proceedings, but for whom the statutory time limit has run out, may apply for an extension of time to allow their claim to proceed. This article describes the typical short and long term consequences of child sexual abuse, focusing on post traumatic stress disorder, which may prevent survivors from reporting the abuse in time. It outlines the statutory provisions for extensions of time and looks at judicial reasoning in several Queensland case studies of applications by survivors with post traumatic stress disorder to extend time. The article considers whether post traumatic stress disorder can constitute a legal disability in the context of an application for an extension of time.

Available from: University of New South Wales Law Journal, Faculty of Law, University of New South Wales, Sydney NSW. Internet http://www.unswlawjournal.unsw.edu.au

Mathews, Ben; Walsh, Kerryann; Fraser, Jennifer A.
Mandatory reporting by nurses of child abuse and neglect.
Journal of Law and Medicine v.13 2006: 505-517

The legal obligations of nurses in each Australian jurisdiction to report suspected child abuse or neglect are described. The article explores differences between the statutory duties, and problems of terminology. It then presents results of a literature review on nurses' knowledge of the reporting law, their reporting practice, and related professional and legal problems that nurses may experience.

Moloney, Lawrie; Smyth, Bruce; Weston, Ruth; Richardson, Nicholas; Qu, Lixia; Gray, Matthew
Allegations of family violence and child abuse in family law children's proceedings: a pre-reform exploratory study.
Melbourne, Vic: Australian Institute of Family Studies, 2007, 173p, tables, figures (Research report no.15)
http://www.aifs.gov.au/institute/pubs/resreport15/main.html

A study commissioned by the Federal Attorney General's Department to inform the Australian Government's Family Law Violence Strategy examined: the prevalence and nature of allegations of family violence and child abuse in family law children's proceedings filed in 2003 in selected registries; the extent to which parties provided evidence in support of their allegations and to which allegations were denied, admitted or left unanswered by the other party; and the extent to which court outcomes of post separation parenting disputes appeared to be related to the presence or absence of allegations. The study was based on a content analysis of two random samples of court files from the Melbourne, Dandenong and Adelaide registries of the Family Court of Australia and the Federal Magistrates Court. A total of 300 files were analysed: 150 from the Family Court of Australia and 150 from the Federal Magistrates Court. (Author abstract, edited)

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

Moloney, Lawrie; Smyth, Bruce; Weston, Ruth
A brief summary of the AIFS research report no 15: Allegations of family violence and child abuse in child-related disputes in family law proceedings.
Australian Domestic and Family Violence Clearinghouse Newsletter no.29 Winter 2007: 14-15
http://www.austdvclearinghouse.unsw.edu.au/PDF%20files/Newsletter_29 .pdf

This article is a summary by the authors of their research report, 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies in 2007 (Research report no.15). The research report presented findings from a study of 300 Family Court and Magistrate Court files in Victoria and South Australia in 2003, examining the prevalence and corroboration of allegations of partner violence or child abuse. This summary article discusses the aims of the study, key findings, and some of the future research topics raised.

Available from: Australian Domestic and Family Violence Clearinghouse, School of Social Work, University of New South Wales http://www.austdvclearinghouse.unsw.edu.au/

Moloney, Lawrie; Smyth, Bruce; Weston, Ruth; Richardson, Nicholas; Qu, Lixia; Gray, Matthew
Allegations of family violence and child abuse in family law children's proceedings: key findings of Australian Institute of Family Studies research report no.15.
Family Matters no.77 2007: 8-15

In this article, the authors' discuss the key findings of their 2007 report, 'Allegations of family violence and child abuse in child-related disputes in family law proceedings', published by the Australian Institute of Family Studies. This report was commissioned by the Attorney General's Department to examine the prevalence and nature of allegations of family violence and child abuse in family law children's proceedings; the extent to which alleging parties provided evidence in support of their allegations, and to which allegations were denied, admitted or left unanswered by the other party; and the extent to which court outcomes of post-separation parenting disputes appeared to be related to the presence or absence of allegations. The study investigated the records of 300 Family Court and Magistrate Court files in Victoria and South Australia from 2003. This article outlines the legal background and research methodology, and discusses the findings.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au/

New South Wales. Child Protection Senior Officers Group (CPSOG).
New South Wales interagency guidelines for child protection intervention.
Sydney, NSW: NSW Government, 2006, 142p, Online (PDF 664K)
http://pandora.nla.gov.au/pan/57616/20061124-0000/interagency_guidelines.pdf

Based on the 1997 Guidelines reviewed and updated in 2000 and 2005 this edition represents a major review of the Guidelines to reflect the current child protection environment in 2006. The purpose of the guidelines is to assist professionals and agencies in their work with children and families where there are child protection concerns. The Guidelines are presented in 6 chapters: Chapter 1 - Building interagency collaboration; Chapter 2 - Making a child protection report; Chapter 3 - Practices and procedures following a child protection report; Chapter 4 - Exchanging information in a child protection context; Chapter 5 - Criminal Proceedings; Chapter 6 - Best practice principles in working with children and families. Practitioners are referred to the appendices for specific information such as a combined risk indicator list, services and programs in all agencies, an overview of early intervention initiatives, and a protocol that may assist in working with Aboriginal communities.

New South Wales. Department of Community Services
Statutory child protection in NSW: issues and options for reform.
Sydney, NSW: Department of Community Services, 2006, 44p, figures, table (Discussion paper),
http://www.community.nsw.gov.au/DOCSWR/_assets/main/documents/act_discussion.pdf

This paper reaffirms the fundamental principles and priorities that need to be in place to keep children safe and summarises a 2006 review of the New South Wales Children and Young Persons (Care and Protection) Act 1998. Data on the nature, size and complexity of the child protection task in New South Wales are provided, and proposals for strengthening the legislation to cope with increasing pressure on the child protection system are outlined.

Available from: NSW Department of Community Services http://www.community.nsw.gov.au/

Newman, Louise.
Child protection and children's rights.
In: Summit on child abuse: toward a national policy for child abuse and recovery. Canberra, ACT: AMA Child and Youth Health Committee, 2004, p64-92, ill

Information on various aspects of child abuse is presented in this paper. The paper looks at trauma and the brain, children's rights, and the effects of mandatory detention on child asylum seekers. It includes case studies and illustrations done by child detainees. It looks at health service, legal and societal approaches for abused children.

Available from: Australian Medical Association

Sheehan, Rosemary.
Alternative dispute resolution in child protection matters: the Victorian experience.
Australian Social Work v.59 no.2 Jun 2006: 157-171, tables

Pre-hearing conferences were introduced in 1992 into the Family Division of the Children's Court, Victoria. Pre-hearing conferences take place when there is a dispute between the Child Protection Service and the child's family about the need for statutory intervention in their family's life. The conference is held prior to any formal hearing so that the family, their legal representatives and the welfare authority can see whether they can negotiate an agreement about a child protection order. The present paper sets out the findings of a study of 208 pre-hearing conferences held in the Melbourne Children's Court from February to July 2002. The study found that the quality of legal advice provided to parents significantly affected the outcome of pre-hearing conferences. Legal representatives varied in their willingness to step aside from the adversarial approach and give priority to discussion about child welfare concerns. It was apparent that professionals coming to the pre-hearings, both legal and welfare, had different expectations of these forums. It is imperative that if pre-hearings are to succeed, then their role and place in the child protection legal process is clearly explicated and professionals receive training in alternative dispute resolution. (Journal abstract)

Available from: Australian Association of Social Workers http://www.aasw.asn.au Subscription: Taylor and Francis

Smyth, Bruce; Moloney, Lawrie; Weston, Ruth; Richardson, Nick; Qu, Lixia; Gray, Matthew
Allegations of family violence and child abuse in children's proceedings: a pre-reform empirical snapshot.
Australian Journal of Family Law v.21 no.3 Nov 2007: 252-287

This article reports on a study of allegations of family violence in family law children's proceedings recently completed by the Australian Institute of Family Studies. The study examined: the prevalence and nature of allegations of family violence and child abuse in children's proceedings initiated in 2003 in Victoria and South Australia; the extent to which alleging parties provided evidence in support of their allegations, and to which allegations were denied, admitted or left unanswered by the other party; and the extent to which court outcomes of post-separation parenting disputes appeared to be related to the presence or absence of allegations. It is hoped that these data will stimulate discussion about the way in which allegations of family violence and child abuse are examined within the new family law system. (Journal abstract, edited)

Available from: LexisNexis http://www.lexisnexis.com.au/

Spencer, Nancy; Sullivan, Robin.
Reforming the Queensland child protection system.
In: Blossoming of our children: 10th Australasian Conference on Child Abuse and Neglect: papers, presentations and abstracts. Christchurch, NZ: New Zealand Family Violence Clearinghouse, 2006, 10p; 25p, Online (PDF 131K (paper); 229K (presentation))
http://www.nzfvc.org.nz/accan/papers-presentations/abstract132v.shtml

A review of the Queensland child protection system resulted in the adoption of a new child safety model and the recreation of the Department of Child Safety in 2004. The departmental reforms feature provision for additional staff, better training, improved accountability, whole of government approaches and community partnerships for assisting children at risk. This paper discusses the structural changes, and changes to legislation, quality of practice, placements, partnerships, quality assurance, standards and licensing, attention given to Indigenous children, support services, prevention and intervention, integrated services, child safety operating environment, accommodation, and internal and external accountability. It explores some of the challenges and opportunities that have arisen in the new department.

Available from: New Zealand Family Violence Clearinghouse http://www.nzfvc.org.nz/

Tilbury, Clare.
Child protection services in Queensland post-Forde Inquiry.
Children Australia v.30 no.3 2005: 10-16, table

There have been major developments in child protection services in Queensland since the 1999 Inquiry into Abuse of Children in Queensland Institutions (the 'Forde Inquiry'). This article discusses the nature of the changes that have occurred against the backdrop of a major debate in contemporary child protection research and practice - balancing forensic/ legalistic and family support approaches to protecting children. Based upon an analysis of departmental annual reports, budget documents, policy statements and child protection administrative data, the article examines developments in policy directions, service provision, client trends and performance during the period. It shows that significant investment has increased the quantity of services available, but policy and program developments are yet to show an impact upon service quality and outcome indicators for children and families. (Journal abstract)

Available from: Oz Child: Children Australia, PO Box 7020, Dandenong Vic 3175. Email ChildrenAustralia@latrobe.edu.au.

Waldegrave, Steve; Coy, Fiona.
A differential response model for child protection in New Zealand: supporting more timely and effective responses to notifications.
Social Policy Journal of New Zealand no.25 Jul 2005: 32-48, figures, and Online
http://www.msd.govt.nz/about-msd-and-our-work/publications-resources/journals-and-magazines/social-policy-journal/spj25/a-differential-response-model-for-child-protection-25-pages32-48.html

In 2005 Parliament is considering amendments to the Children, Young Persons and Their Families Act 1989. The amendments enable the introduction of a differential response model under which the Department of Child, Youth and Family Services (CYF) can respond to different reports of abuse, neglect or insecurity of care in a range of different ways. This article describes the policy rationale and intent of these changes. It then describes how the new system is intended to operate, and draws on international experience to predict some of the likely benefits and challenges of the new system. The likely challenges of a differential response model include resourcing the system, and CYF social workers accurately deciding whether a case requires investigation or other action. The likely benefits include a greater ability to keep children safe by targeting CYF investigative resources more effectively and responding more appropriately to different kinds of notifications. (Journal abstract, edited)

Available from: Ministry of Social Development, PO Box 12-136, Wellington, New Zealand. Email info@msd.gov.nz. Internet http://www.msd.govt.nz/

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