NCJ Number
55475
Date Published
1978
Length
19 pages
Annotation
THREE AUSTRALIAN APPROACHES TO CHILD ABUSE ARE EXAMINED. THE MAIN PROBLEM WITH ALL THESE APPROACHES IS THE TIME OF INTERVENTION. THE COURT ACTS ONLY AFTER SEVERE ABUSE HAS TAKEN PLACE.
Abstract
THIS CRITIQUE EXAMINES THE THREE TYPES OF CHILD ABUSE LEGISLATION BY EXAMINING THE LAW IN VICTORIA, TASMANIA, AND SOUTH AUSTRALIA. IN VICTORIA A TRADITIONAL APPROACH TO CHILD ABUSE IS FOUND. THE POLICE ARE RESPONSIBLE FOR ARRESTING PARENTS SUSPECTED OF SEVERE ABUSE, THE COURTS DEAL WITH THE ABUSE IN A CRIMINAL MANNER, AND THE CHILD IS GENERALLY REMOVED FROM THE HOME. IN TASMANIA THE CHILD PROTECTION ACT OF 1974 REMOVED JURISDICTION OVER THE MALTREATED CHILD FROM THE CHILDREN'S COURT AND SET UP THE CHILD PROTECTION BOARD TO HANDLE ABUSE AND NEGLECT CASES. THE CHAIRPERSON OF THIS BOARD HAS THE POWER TO ISSUE INJUNCTIONS TO THE PARENTS, TO ORDER REMOVAL OF THE CHILD, OR TO ESTABLISH A SUPERVISION ORDER OVER THE CHILD. THIS PROCEDURE REMOVED THE ABUSED OR NEGLECTED CHILD FROM THE SAME COURT THAT HANDLES JUVENILE OFFENDERS, ENABLES HOSPITALS TO KEEP A CHILD LONG ENOUGH TO ENSURE THOROUGH EXAMINATION, AND PROVIDES TREATMENT TO THE FAMILY. THE BOARD HAS BEEN CRITICIZED FOR NOT HAVING ENOUGH POWER TO DETECT AND PREVENT ABUSE. IN SOUTH AUSTRALIA THE JUVENILE COURTS ACT OF 1971-1977 AND THE COMMUNITY WELFARE ACT 1972-1976 SET UP A SEPARATE SYSTEM FOR ABUSE AND NEGLECT CASES WHICH HAS BROAD POWERS. PANELS OF EXPERTS DEAL WITH THESE CASES AND HAVE POWERS TO WARN PARENTS AND CHILDREN, TO ORDER TREATMENT, AND TO INVESTIGATE COMPLAINTS. COMPULSORY REPORTING OF ABUSE IS BEING CONSIDERED BUT IS BEING RESISTED. THIS PROBLEM IS DISCUSSED AT LENGTH. THE FINAL SECTION URGES REFORM OF THE LAW IN VICTORIA ALONG THE LINES OF THE LAW IN TASMANIA OR SOUTH AUSTRALIA. NOTES AND REFERENCES ARE APPENDED. (GLR)