Reform Issue 92, Winter 2008 – Children and Young People
Reform 92 Children and Young People examines the current treatment of children and young people in the legal process, against the recommendations in the report by the Australian Law Reform Commission and the Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission Seen and Heard: Priority for Children in the Legal Process (ALRC 84, 1997).
Released over a decade ago, Seen and Heard represented the culmination of a major two-year inquiry exploring how children and young people are treated by Australia’s legal system and Australia’s international obligations under the Convention on the Rights of the Child.
This issue of Reform considers the current issues facing children and young people in the legal system and the developments over the past 10 years.
James McDougall, Tiffany Overall (National Children’s & Youth Law Centre) and Peter Henley (Mallesons Stephen Jacques, Melbourne) provide an overview of the federal governments progress since Seen and Heard in relation to children and young people in the legal system.
Tom Calma,(Human Rights Commission) presents the current rights and life chances of Indigenous children; and Tim Goodwin and Adele Cox (National Indigenous Youth Movement) provide a concise demographic analysis of Indigenous children and youth and the attempts by the National Indigenous Youth Movement of Australia’s to engage young Indigenous people.
Chief Justice Diana Bryant (Family Court of Australia) documents the changes made to the Family Court and the family law system over the past decade—and the positive outcomes for children and young people in family dispute resolution and legal proceedings.
Professor Rob White (University of Tasmania) reviews the failures and achievements of juvenile justice over the past 10 years and provides a positive vision of what could be.
Jenny Bargen (NSW Department of Juvenile Justice) focuses on specific recommendations in the Seen and Heard report and assesses whether these have been implemented.
Judy Cashmore (University of Sydney) addresses the current issues associated with child protection and children in out-of-home care compared to 10 years ago.
Justice Susan Kenny (Federal Court of Australia and ALRC part-time Commissioner) discusses the changing legal framework for inter-country adoption.
Professor Patrick Parkinson (University of Sydney) examines the challenges in providing a regulatory framework for family life in Australia and an adequate means for dispute resolution.
Gillian Calvert (NSW Commissioner for Children and Young People) describes the valuable work of the Children’s Commissioners in New South Wales, Western Australia, Tasmania, Queensland and Northern Territory, each position established since the release of Seen and Heard.
Margaret Otlowski (University of Tasmania) assesses the legal, social and ethical issues associated with genetic testing of minors.
Barbara Biggins and Elizabeth Handsley (Young Media Australia) examine the sexualisation of children in the media and the disturbing link to mental health problems.
Zana Bytheway and Vera Smiljanic (JobWatch Inc Victoria) expose the problem of bullying and violence against young people in the workforce.
Reform 92 also contains discussions by Luke Bo’sher on the participation of young people in the democratic process; a personal account from Hugh Evans of the 2020 Youth Summit; Joel Fetter on problems facing young people in the workforce; Houlton Faleomanu Fassau, Kathleen Koharta and Kate Halliday review children and the law in the Solomon Islands.
Books reviewed in this issue of Reform are:
- Law and the Human Body: Property Rights, Ownership and Control by Rohan Hardcastle, published by Hart Publishing, 2007.
- Recapturing Freedom by Dot Goulding, Federation Press, 2007.
- Penal Populism, Sentencing Councils and Sentencing Policy, Arie Freiberg and Karen Gelb, Federation Press, 2008
Contents
Seen and Heard revisited by James McDougall, Tiffany Overall and Peter Henley
Life chances and human rights of Indigenous children Tom Calma
Demographics of Indigenous Australia Tim Goodwin and Adele Cox
Children both seen and heard Chief Justice Diana Bryant
The long and short of juvenile justice Rob White
Juvenile Justice: responding to children and young people in trouble Jenny Bargen
A decade later: issues in care and protection of children Judy Cashmore
Intercountry adoption in Australia Justice Susan Kenny
Children, young people and federalism Patrick Parker
It’s time: federal representation for young Australians Gillian Calvert
A new chapter in youth participation Luke Bo’sher
2020 Youth Summit Hugh Evans
Genetic testing of children Margaret Otlowski
The new sexualised childhood: a case of corporate creep Barbara Biggins and Elizabeth Handsley
Bullying and violence: young workers still exposed Zana Bytheway and Vera Smiljanic
Young people in the workforce Joel Fetter
Children and the law in the Solomon Islands Houlton Faleomanu Fassau, Kathleen Kohata and Kate Halliday
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