FAMILY - care and protection of children

Question 1

List 4 laws

Answer 1

• Children and Young Persons Act (Care and Protection) Act 1998 (NSW)
• Child Protection Legislation Amendment Act 2014 (NSW)
• Family Law Legislation Amendment (Family Violence and Other Matters) Act 2011 (NSW)
• Family Law Amendment (Shared Parental Responsibility) Act 2006 (NSW)

Question 2

Outline 6 cases

Answer 2

• Bernard case 2009: parents denied consent for the doctors to perform a blood transfusion during a liver transplant as it contravened with their faith as Jehovah’s Witnesses. However, the court determined that the liver transplant would ‘significantly improve the child’s live’ therefore the parent’s religious beliefs were overruled  reveals effectiveness in maintaining a child’s health and wellbeing as reflective of article 3 of CROC, but perhaps a limitation in that the parents religious freedom wasn’t respected
• Kiszko case 2019: parents denied chemotherapy to their 6 year old son due to their determination that they didn’t want to see the child suffer, whilst they believed they were acting in the best interests of the child evidence suggested that he had a 50% chance of survival if undertaken and so underwent the treatment
• R v Thomas Sam 2009: parents charged with manslaughter under Crimes Act 1900 (NSW) due to their failure to provide their 9 month old baby with treatment for its severe eczema
• Zaccardi and Zaccardi 2001 No. 2: mother was repealed the ‘spend time with orders’ granted by the court due to a history of violence initiated by the father. Initially the orders reflected a 50% split but upon appeal it was determined that Mr Zaccardi wouldn’t spend anytime with the children. the mother seeks a no-contact order, an Apprehended Violence Order has been issued for the protection of the mother, the child, and the maternal grandmother from the father, he was found guilty of assault occasioning actual bodily harm of the mother and was recently been charged with possession of ammunition and stalking/intimidation charges, Orders made for no contact.
• R v Abrahams 2012 –> mother murdered daughter and she herself was abused by her father, saying, ‘When my mum went back to work and my dad was minding me and when my mum came home I had bruises all over me’ –> intergenerational abuse
• Luke Batty case 2014 –> : Luke Batty was murdered by his father during his weekly contact that was enforced by the courts in a parenting plan. The coroner substantiated that ‘no one agency could have predicted this act of filicide (deliberate act of a parent killing their own child)’, however, due to his previous violent behaviour towards Mrs Batty and the fact that the warrant was out for his arrest and the time of the offence, it reveals that the legal system ineffectively assessed the acceptability of the ‘spend time with’ orders

Question 3

List the 4 laws again and an example of what they legislate on/aim to do

Answer 3

• Children and Young Persons (Care and Protection) Act 1998 (NSW) –> mandatory reporting of concerns from doctors, teachers, nurses etc. if they believe the child is at risk of harm
• Children Protection Legislation Amendment Act 2014 (NSW) –> allows the child to be taken away at birth if the mother has a history of drug/alcohol abuse, especially during the pregnancy and can mandate that the mother undergoes rehabilitation
• Family Law Amendment (Shared Parental Responsibility) Act 2006 (NSW) addresses article 14 of CROC in protecting the best interests of the child in that the child has the rights and access to maintain a relationship with both parents
• Family Law Legislation Amendment Violence and Other Measures Act 2011 (NSW) established that if there is any evidence of abuse or neglect from one parent, the notion of shared parental responsibility is overruled as its deemed the child’s right to safety is more important than maintaining a relationship with that parent

Question 4

List some key stats 6

Answer 4

• 2015 79 children died at the hands of their abusers. They had been identified by NSW Family and Community Services (FACS) as at-risk but resource inefficiency meant they couldn’t be adequately protected
• Australian Institute of Health and Welfare 2018 identified that the no. of notifications of abuse rose 39% 2012-17
• 2019-20 1 in 32 children received child protection services
• more than 486000 reports of abuse and neglect were made 2019-20
• 72% of children who received child protection services were repeat clients 2017-18 Australian Institute for Health and Welfare
• 100 children died in just 2 years (2020-22) on the ‘radar’ of Victoria’s child protection services
• 71/100 of these cases the protection authorities communication was ‘inactive’ and time of death ‘suggesting authorities erred in closing the children’s files’ (The Australian, 2022)

Question 5

quotes 3

Answer 5

• ‘entrenched intergenerational abuse and a failed system’ - SBS 2013 –> cause of death of Abraham’s daughter
• ‘state can be an uncaring parent, in whose hands children can live with dozens of strangers a year, be raped by those sent to protect them, and stay “warehoused” in group homes that are seen as training grounds for prison’ - ABC 2021
• Chief Justice Thackray said parental power was “not unlimited” - ABC, 2016

Question 6

international law 3

Answer 6

CROC:
- A9 –> children shouldn’t be separated from their parents unless in the event of abuse/neglect and maintain a relationship with them
- A19 –> free from violence, abuse and neglect
- A3 –> health and wellbeing