Hostname: page-component-8448b6f56d-xtgtn Total loading time: 0 Render date: 2024-04-23T13:44:27.005Z Has data issue: false hasContentIssue false
  • English
  • Français

Child consultation and the law in the Northern Territory of Australia

Published online by Cambridge University Press:  14 May 2019

Danielle Kendall-Hall Open the ORCID record for Danielle Kendall-Hall [Opens in a new window]
Danielle Kendall-Hall*
Affiliation:
Petrichor Services, Casuarina, Northern Territory, Australia
*
Author for correspondence: Danielle Kendall-Hall, Email: contact@petrichorservices.com.au
Get access Rights & Permissions [Opens in a new window]

Abstract

Consultation with children is a delicate art, and consultation with vulnerable children, even more so. Experienced clinicians believe best practice in undertaking such work requires tertiary studies in social work or psychology combined with extensive supervised clinical experience. The current pathways to becoming a children’s lawyer in the Northern Territory do not involve mandatory training in child well-being, and yet lawyers are asked to consult with highly traumatised children and bring the voices of children into the courtroom. Lawyers for young children are additionally required to provide an opinion as to what they believe to be in the best interests of the child, without a social work or psychology-based qualification, training or in-depth guidelines to support their position. This article looks at what the law says about child consultation, what child development research says about child consultation and child consultation in practice in a Northern Territory child protection setting. At its conclusion, the author discusses potential pathways forward for lawyers and clinicians to work together in safe practices of child consultation.

Keywords

Child protectionchildrenchildren’s courtevidence-based practicechildren’s rights
Type
Articles
Information
Children Australia , Volume 44 , Issue 2: Special Conference Issue – The Neuroscience of Trauma and Development in The Everyday , June 2019 , pp. 60 - 64
Copyright
© The Author(s) 2019 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

References

Australian Institute of Family Studies. (2013). Independent children’s lawyer study: Final report. Retrieved from https://aifs.gov.au/publications/independent-childrens-lawyers-studyGoogle Scholar
Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990). Retrieved from https://www.humanrights.gov.au/convention-rights-childGoogle Scholar
Law Society Northern Territory. (2017). Protocols for lawyers representing children. Darwin, Northern Territory: Law Society Northern Territory.Google Scholar
McIntosh, J. (2007, July). Child inclusion as a principle and as evidence-based practice: Applications to family law services and related sectors. AFRC Issues No. 1. Retrieved from https://aifs.gov.au/cfca/publications/child-inclusion-principle-and-evidence-based-practicGoogle Scholar
Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory. (2017a). Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory final report findings and recommendations (Recommendations Vol. 2B). Retrieved from https://childdetentionnt.royalcommission.gov.au/Documents/Royal-Commission-NT-Findings-and-Recomendations.pdfGoogle Scholar
Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory. (2017b). Report of the Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory (Vol. 2B), Chapter 25. Retrieved from https://www.royalcommission.gov.au/sites/default/files/2019-01/rcnt-royal-commission-nt-final-report-volume-2b.pdfGoogle Scholar
United Nations. (2013, June). Principles and guidelines on access to legal aid in criminal justice systems, 67/187. Retrieved from https://www.unodc.org/documents/justice-and-prison-reform/UN_principles_and_guidlines_on_access_to_legal_aid.pdfGoogle Scholar
Care and Protection of Children Act 2007 (NT). Retrieved from http://www.austlii.edu.au/Google Scholar
Care and Protection of Children Amendment (Legal Representation and Other Matters) Act 2013 (NT) commenced 1/1/2014. Retrieved from http://www.austlii.edu.au/Google Scholar
Family Law Act 1975 (Cth). Available from http://www.austlii.edu.au/Google Scholar
BJW v EWC & Ors [2018] NTSC 47Google Scholar
CEO Department of Children and Families v MGM & Ors [2012] NTSC 69Google Scholar
Duffy v Gomes [2015] FCCA 1121Google Scholar
Department of Health & Community Services v JWB & SMB (“Marion’s Case”) [1992] HCA 15Google Scholar
Gillick v West Norfolk and Wisbech Area Health Authority (1986) AC 112Google Scholar
RG v DG & Ors [2013] NTSC 66Google Scholar
Care and Protection of Children Act 2007 (NT). Retrieved from http://www.austlii.edu.au/Google Scholar
Care and Protection of Children Amendment (Legal Representation and Other Matters) Act 2013 (NT) commenced 1/1/2014. Retrieved from http://www.austlii.edu.au/Google Scholar
Family Law Act 1975 (Cth). Available from http://www.austlii.edu.au/Google Scholar
BJW v EWC & Ors [2018] NTSC 47Google Scholar
CEO Department of Children and Families v MGM & Ors [2012] NTSC 69Google Scholar
Duffy v Gomes [2015] FCCA 1121Google Scholar
Department of Health & Community Services v JWB & SMB (“Marion’s Case”) [1992] HCA 15Google Scholar
Gillick v West Norfolk and Wisbech Area Health Authority (1986) AC 112Google Scholar
RG v DG & Ors [2013] NTSC 66Google Scholar