Abstract
This chapter describes the Australian Capital Territory (ACT) Childrens Court (In ACT, the court is termed the ‘Childrens Court’ (section 288 of the Magistrates Court Act 1930) not the ‘Children’s Court’ which is the term used in many other states). It summarises and discusses the views of key stakeholders about the court and its work gained through interviews and focus group discussions held in 2010. One of the key findings in the ACT was that there is a common and strong desire amongst people involved in the Childrens Court for the community to do the best that is possible for the children and young people who come before the court as part of care and protection or criminal proceedings. However, there are differing opinions about how this can best be accomplished. The ACT is a small jurisdiction – despite housing Canberra which is the capital of Australia. It has its own unique history which has affected the development of the Childrens Court and the service system to which it relates.
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Notes
- 1.
In ACT, the Court is termed the ‘Childrens Court’ (section 288 of the Magistrates Court Act 1930) not the ‘Children’s Court’ which is the term used in many other states.
- 2.
On 1 July 2011, the Department of Disability, Housing and Community Services, which previously contained the Office for Children Youth and Family Support, became the Community Services Directorate (CSD) as part of ACT Government restructure of all ACT Government Departments into one ACT public service. The head of the CSD is the Director-General.
- 3.
Information provided by Office for Children Youth and Family Support (OCYFS).
- 4.
From 25 July 2011, after data collection ceased for this project, this Court was officially recognised in legislation and renamed as Galambany Court. It provides a circle sentencing process, enabling the Aboriginal and Torres Strait Islander community to collaborate with the ACT criminal justice system to address offending in culturally relevant ways for Aboriginal and Torres Strait Islander people.
- 5.
A rebuttable presumption requires sufficient evidence to the contrary to be presented for it to be overturned.
- 6.
On 23 June 2011, subsequent to the interviews for this project, the ACT Government announced intended reforms to the youth justice system including introduction of parole.
- 7.
After the data collection period of this research, the ACT human rights commissioner conducted a report into Bimberi Youth Justice Centre (http://www.hrc.act.gov.au), and the ACT Government has announced comprehensive reforms including increased diversionary procedures for young people (http://www.dhcs.act.gov.au/ocyfs).
- 8.
Information provided by Office for Children Youth and Family Support.
- 9.
After completion of the data collection for this research, the ACT Government announced the implementation of an after-hours bail service for young people (http://www.dhcs.act.gov.au/home/publications/annual_reports/2010_-_2011).
- 10.
This Youth Drug and Alcohol Court programme was implemented from 1 September 2011.
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Camilleri, P., Thomson, L., McArthur, M. (2013). The Childrens Court in the Australian Capital Territory. In: Sheehan, R., Borowski, A. (eds) Australia's Children's Courts Today and Tomorrow. Children’s Well-Being: Indicators and Research, vol 7. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-5928-2_2
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