Australian Law Reform Commission

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Main recommendations

The ALRC recommended broad reforms in the government's response to children.

The distinction between offenders and non-offenders (children in need of care) should be recognised, allowing separate strategies to be developed for each type of individual.

When dealing with young offenders, the criminal justice system should balance the importance of crime prevention and the needs of the young. This should be reflected in court procedures and in sentencing practices.

Legislation should be introduced, clarifying and restricting police powers regarding charging and processing children. In general, prosecution should be avoided wherever alternatives were available.

When a child is identified as being in need, court intervention should be done flexibly and cause as little disruption in the child's life as possible.

Court orders should be continually reviewed to make sure that they are still appropriate.

Emergency procedures should be introduced, to permit abused children - or those at risk of abuse - to be removed from their homes.

In addition, the Commission made a number of recommendations for restructuring welfare services in the ACT. A draft Bill was included in the report.

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The information on this page was current as of January 2005
This page was updated 3 December 2002

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