Abstract
This chapter provides a summary of three key findings from an evaluation of the Children’s Court in Western Australia (WA). The key findings emerged from an analysis of interviews and focus group discussions with a total of 74 participants (12 Judicial Officers and 62 key stakeholders). The first key finding is that the legislation is being hampered by two interrelated factors: (a) elements of cultural slippage in youth justice policy and practice and (b) system-wide resource impoverishment. The second key finding is that resources are particularly scarce in rural and country regions of WA and this compounds the challenges faced by the Children’s Court with respect to ensuring successful outcomes for Aboriginal children, their families and communities. The third key finding is that there was a general consensus amongst Judicial Officers and stakeholders that multisystemic reform of the youth justice and care and protection jurisdictions is needed to address the issue of over-representation of young Aboriginal people, their families and communities in WA.
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- 1.
A more detailed discussion of the history and current legislation and administration of the Children’s Court of WA is provided in a report titled ‘An assessment of the Children’s Court of WA: Part of a national assessment of Australia’s Children’s Courts’ (Clare et al. 2011).
- 2.
A contemporary history of the WA Department for Child Protection is provided in a document authored by the Department for Community Development titled History of the Department to 2004, which was compiled by Noelene Proud and Brett Klucznik in 2003 and amended by Audrey Lee and Mark Crake in 2004
- 3.
Reliable data for 30 June 2010 was not available in the 2009–2010 annual report due to rollover to a new client management system that was undergoing further developments at the time of this report (Department for Child Protection 2010).
- 4.
Twelve months mandatory imprisonment/detention for repeat (third time) home burglary offenders was introduced in WA through amendments in 1996 to s 401 of the Criminal Code Act Compilation Act 1913 (WA).
References
Atkinson, J., Nelson, J., & Atkinson, J. (2010). Trauma, transgenerational transfer and effects on community wellbeing. In N. Purdie, P. Dudgeon, & R. Walker (Eds.), Working together: Aboriginal and Torres Strait Islander mental health and wellbeing principles and practice (pp. 135–144). Canberra: Department of Health and Aging.
Auditor General of Western Australia. (2008). Performance examination: The juvenile justice system – Dealing with young people under the Young Offenders Act 1994 (Report 4). Perth: Government of Western Australia.
Australian Bureau of Statistics. (2006). Population distribution, Aboriginal and Torres Strait Islander Australians (Cat. No. 4705.0). Canberra: Australian Bureau of Statistics.
Australian Institute of Health and Welfare. (2012). Juvenile detention population in Australia 2011 (Juvenile Justice Series, No. 9). Canberra: Australian Institute of Health and Welfare.
Bail Act 1982 (WA) No. 86 of 1982. Retrieved 7 December, 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/ba198241/
Blagg, H. (2009, December 17). Youth justice in WA (Report prepared for the Commissioner for Children and Young People Western Australia). Retrieved 12 May 2010, from http://www.ccyp.wa.gov.au
Children and Community Services Act 2004 (WA) No. 34 of 2004. Retrieved 7 December, 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/cacsa2004318/
Children’s Court of Western Australia Act (1988) No. 69 of 1988. Retrieved 7 December 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/ccowaa1988385/
Clare, M., Clare, J., Spiranovic, C., & Clare, B. (September, 2011). An assessment of the Children’s Court of Western Australia: Part of a national assessment of Australia’s Children’s Courts. Crawley: Crime Research Centre, University of Western Australia.
Commissioner for Children and Young People (WA). (2010, April). Youth justice (Issues Paper 4). Retrieved 12 May 2010 from http://www.ccyp.wa.gov.au
Council of Australian Governments. (2009). Protecting children is everyone’s business: National Framework for Protecting Australia’s Children 2009–2020. Canberra: Department of Families, Housing, Community Services and Indigenous Affairs.
Criminal Code Act Compilation Act 1913 (WA). Retrieved 7 December, 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/ccaca1913252/
Department for Community Development. (2004). History of the department to 2004. Western Australia: Department for Community Development.
Department for Child Protection. (2010). Annual report 2009/10. Perth: Government of Western Australia.
Department of the Attorney General. (2009). Children’s court. Retrieved 22 September 2009, from http://www.courts.dotag.wa.gov.au
Harker, H., & Worrall, A. (2011). From ‘community corrections’ to ‘probation and parole’ in Western Australia. Probation Journal, 58, 364–371.
House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs. (2011). Doing time – Time for doing: Indigenous youth in the criminal justice system. Canberra: The Parliament of the Commonwealth of Australia.
Little, H., & Karp, T. (2012). Sentencing children and young people in Victoria. Melbourne: Sentencing Advisory Council.
Loh, N. S. N., Maller, M. G., Fernandez, J. A., Ferrante, A. M., & Walsh, M. R. J. (2007, March). Crime and justice statistics for Western Australia: 2005. Crawley: Crime Research Centre, University of Western Australia.
Potter, D. (2010a). Indigenous youth and restorative justice in Western Australia. Journal of Judicial Administration, 20(2), 92–105.
Potter, D. (2010b). Mental health issues in the Children’ Court jurisdiction. Brief, 37(9), 13–22.
Reynolds, D., Judge. (2010, September 2). Prolific and Other Priority Offender Program (PPO Programme). Paper presented by the President of the Children’s Court of WA at the Integrated Offender Management Forum, WA Police Academy, Joondalup.
Richards, K. (2011). Trends in juvenile detention in Australia (Trends & Issues in Crime and Criminal Justice, No. 416e). Canberra: Australian Institute of Criminology.
Sanderson, J. (2008, March 12). Evaluating in the complex, non-linear environment of indigenous affairs in WA. Paper presented at the Australasian Evaluation Society 2008 Seminar Series, Alexander Library Lecture Theatre, Perth, Western Australia.
Sentencing Act 1995 (WA) No. 76 of 1995. Retrieved 7 December, 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/sa1995121/
Souhami, A. (2007). Transforming youth justice: Occupational identity and cultural change. Cullompton, Devon: Willan Publishing.
United Nations. (1989). Convention on the rights of the child. Retrieved 12 May 2010, from http://www2.ohchr.org/english/law/crc.htm
Wells, A. (1997). New Directions in Juvenile Justice in WA. Paper presented at the Australian Institute of Criminology Conference Juvenile Crime and Juvenile Justice: Toward 2000 and Beyond, Adelaide, South Australia 26th and 27th June 1997.
Wells, A. (1999, June 17–18). Juvenile Justice in WA. Paper presented at the Australian Institute of Criminology Conference Children and Crime: Victims and Offenders, Brisbane.
Young Offenders Act 1994 (WA) No. 104 of 1994. Retrieved 7 December, 2010, from http://www.austlii.edu.au/au/legis/wa/consol_act/yoa1994181/
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Spiranovic, C., Clare, J., Clare, M., Clare, B. (2013). Youth Justice and Child Protection: The Children’s Court in Western Australia. 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_9
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