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Family Law Council: Family Law and Child Protection

NCJ Number
202777
Author(s)
Patrick Parkinson
Date Published
May 2003
Length
7 pages
Annotation
This paper discusses the governmental responsibilities for child protection under Australia's Federal Family Law Act, as well as the child-protection mandates for States and Territories.
Abstract
This report stems from the work of the Family Law Council pertinent to the interaction between the State and Federal systems when child protection issues arise in cases under the Family Law Act 1975. Although the primary responsibility for child protection rests with the States and Territories, the Family Court of Australia and the Federal Magistrates Service have an important role in the protection of children. The Family Law Act requires reports of child abuse to be made to the State or Territory child protection authority. There is an assumption that the relevant authority will then investigate the case and either confirm that the child needs protection or determine that no abuse has occurred. In fact, however, State and Territory child protection authorities are not equipped with the resources or the training to conduct investigations that can effectively determine whether abuse has occurred. They are primarily organized to intervene after an investigation has already confirmed the existence of abuse. Consequently, parents have the responsibility of proving that abuse has not occurred. Parents who believe that they have been the subject of false or malicious allegations of child abuse are required to expend a lot of time and expense in attempting to refute the allegations. The Family Law Council recommends that the Federal Government establish its own Child Protection Service to investigate child abuse concerns that arise in family law proceedings. This would only be done if the child abuse allegation is likely to be a major disputed issue in any subsequent proceedings and when there is a need for the investigation of allegations of child abuse because evidence is not likely to be presented to the court through other means. These conditions prevent the duplication of the work of State and Territory child protection authorities. In addition to the recommendation that a Federal Child Protection Service be established, 15 other recommendations detail the organization and responsibilities of this Service and propose other measures that will improve the effectiveness of child protection services at the various governmental levels.