NCJ Number
83467
Date Published
1981
Length
23 pages
Annotation
Australia's Community Welfare Bill 1981 is compared to present law and principles suitable for the 1980's in the areas of juvenile offenders, status offenders, and children's rights and autonomy.
Abstract
Under the Community Welfare Bill, the juvenile court may make the following orders for young offenders: (1) dismiss the charge with or without a caution, (2) probation for up to 2 years, (3) recognizance to be of good behavior and/or a fine of up to $500, (4) committal to control of the Minister either 'generally' or for a prescribed period of up to 2 years, (5) community service order, and (6) send the case to a higher court. The bill introduces a new system of juvenile diversion consisting of Children's Panels, which must recommend to the court criminal proceedings against juveniles. The bill provides for state intervention when there is a serious breakdown in the quality of care received by a child, to the extent that serious harm to the child is likely to result. The court may provide a temporary custody order or make the child a ward of the court. Reviews of interventions are mandated. The bill provides that notice of care applications be served on juveniles who are parties to criminal proceedings if they are over age 10. There is no right to legal representation for juveniles unable to afford counsel. In connection with care proceedings, the bill requires that children and parents be given a written statement of legal procedures of challenge. Overall, the bill conforms with principles suitable for dealing with juveniles in the 1980's, with the exception of the provision that makes it an offense to make a false complaint against a police officer.