Working with young people in the protective system

Children and Young Persons Act 1989 (Vic)

Section 1. Purposes

The main purposes of this Act are:

  1. to establish The Children's Court of Victoria as a specialist court dealing with matters relating to children and young persons; and
  2. to provide for the protection of children and young persons; and
  3. to make provision in relation to children and young persons who have been charged with, or who have been found guilty of, offences; and
  4. to amend and consolidate for the purposes of the new Court the law relating to the jurisdiction and procedure of Children's courts.

Principles of the Family Division of the Children's Court

When is a child in need of protection?

  1. Parents cannot be found or are dead
  2. No suitable person can be found who is willing and able to care for the child
  3. Child has suffered or is likely to suffer:
    • physical harm
    • sexual abuse
    • emotional or psychological harm, which significantly damages development

And parents have not or are unlikely to protect the child.

  1. Child's physical development or health has been or is likely to be significantly harmed

And parents have not or are unlikely to provide for the child.

Types of Protection Orders

Interim orders

Issues arising from s.64 Children and Young Persons Act - mandatory reporting

Pros of Mandatory Reporting

Cons of Mandatory Reporting