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court at that time was divided into a
Criminal Division, handling most crimes committed by young person, and a Family Division, which handled cases involving the care and protection of young persons. In 2000, the court was re-organised. Instead of a senior magistrate heading the court, the head of the court was now to be called the president of the court. The president was to be a county court judge, a middle tier court, rather than a judicial officer from a lower tier court. The court also acquired a Koori Division, a division of the court that could deal with young offenders of an aboriginal background. This initiative was similar to the
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public one. Civic minded individuals volunteered or were prevailed upon to provide home in the country for wayward children. David McCullum notes that this was seen as a âready made mechanism for the reform of habitâ. Being diverted away from their âevil surroundingsâ would hopefully change the child's course of life. Other individuals would act as a volunteer and become what court officials are now known as âprobation officersâ and provide information to magistrates about the child appearing before the court.
317:). The Children's Court Act 1906 provided that children's matters were to be dealt with separately from adult matters. The new law also established âprobation officersâ who were to provide information to the court on a child's habits and conduct. This now formalised the previous voluntary basis of supervisions. However, probation officers continued to be volunteers until around 1916 when paid agents were employed to visit country homes. In 1906, the then children's court dealt with 3,303 young people.
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and broadcasting footage of the residence and school of the child. This was in contravention of child protection laws which prevent the naming of children the subject of court proceedings. The publication of this information led to the prosecution of a newspaper and a television broadcaster for criminal offences. The saga led to the president of the court writing to the media organisation reminding them of the child protection laws.
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429:. The present president is Judge Jack Vandersteen. The president may after consultation with the chief magistrate, assign magistrates as magistrates of the children's court. When assigned, magistrates hold dual appointment as magistrates of the Magistrates Court as well as magistrates of the children's court.
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The court attracted controversy in 2004 when it made a âdivorceâ order between a fourteen-year-old child and his mother. The case was actually an âirreconcilable differencesâ application, a very uncommon application. The case attracted national media attention and led to news crews naming the child
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The court is constituted under section 504 of the
Children, Youth and Families Act 2005 (Vic). The court consists of a president, magistrates, and registrars of the court. A court sits with a single judicial officer, either the president or a magistrate. In some cases, a registrar may be entitled to
378:
The Koori Court (Criminal
Division) deals with criminal offences concerning children from aboriginal backgrounds. When exercising its jurisdiction, it must hear cases with as little formality and technicality as possible. The division may only hear cases where the child is Aboriginal, the offence is
333:
The new court was given the name âThe
Children's Court of Victoriaâ, although the word âtheâ is usually dropped from its title in actual usage. It originally had jurisdiction to hear cases involving young persons up to the age of 17 years. Seventeen-year-olds were dealt with by adult courts. The
358:
The
Criminal Division deals with criminal offences committed by young person aged 10 years or over, but less than 18 years at the time the crime was committed. The court can continue to hear the case until the person turn 19 years of age. The division can deal with any criminal offence except for
354:
The court is split into four divisions. The Family
Division deals with protection and care of any person under the age of 17 years, making intervention orders, determining guardianship (in other words, becoming a ward of the State), and therapeutic treatment orders. Orders may be made where either
304:
Victoria in the early 1900s was making progress towards a more enlightened method of dealing with juvenile offenders. Some justices of the peace (called magistrates) informally treated children in different ways. One magistrate arranged for children to be flogged in private rather than endure a
295:
The treatment of juvenile offenders in the colony of
Victoria reflected the system of criminal law inherited from England. There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society. Children criminals were treated no
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cites an example of one
English judge who, after condemning a 10-year-old boy to death, described the boy as âa proper subject for capital punishmentâ. The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England.
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There may be rights of appeals from certain decisions of the court. If the decision was made by the president, then a right of appeal may lie to the
Supreme Court of Victoria. If the decision was made by a magistrate, then an appeal might lie to the County Court of Victoria.
341:
The
Children and Young Persons Act 1989 (Vic) was replaced by the Children, Youth and Families Act 2005 (Vic). The court established under section 8 of the old law was continued in existence by section 504 of the new Act, and is the same court as that was established in 1989.
386:
The Neighbourhood Justice Division was introduced on 2 January 2007. It deals with criminals by children who are homeless or who are Koori with a âclose connectionâ to the area in which the division is specified to sit. It deals with crimes on a restorative basis.
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is a statutory court created in Victoria, Australia. The court deals with criminal offences alleged to be committed by children aged between 10 and 17 and with proceedings concerning children under the age of 17 relating to the care and protection of children.
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A principal registrar and other registrars may be appointed to the court from time to time. Additionally, the secretary of the Department of Justice may appoint members of the aboriginal community to be âaboriginal eldersâ to constitute the Koori Court.
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The court sits permanently in Melbourne on a daily basis. The court also has headquarter courts where the court sits principally. From these headquarter courts, the court will sit in certain towns or suburbs as necessary. The court sits at:
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not a sexual offence, the child intends to plead guilty to the offence, or has been found guilty of the offence, and the child consents to the proceeding being dealt with by the Koori Court. The court deals with matters on the
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differently than adult criminals, and there was little distinction in the way penalties were imposed. Children were liable to the same harsh penalties as adults, such as flogging, imprisonment and even death. The
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The present children's court was established in 1989 under section 8 of the Children and Young Persons Act 1989 (Vic). The new court replaced the previous children's court which operated as a division of the
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https://web.archive.org/web/20071021011140/http://www.childrenscourt.vic.gov.au/CA256CA800011129/page/About%2Bthe%2BCourt-History?OpenDocument&1=10-About+the+Court~&2=50-History~&3=~
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https://web.archive.org/web/20110519074231/http://www.dpc.vic.gov.au/domino/Web_Notes/newmedia.nsf/e741a3eefa539841ca256c8c0016eaac/9f16b77834e28506ca2573510080217c%21OpenDocument
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https://web.archive.org/web/20110519074151/http://www.dpc.vic.gov.au/domino/Web_Notes/newmedia.nsf/b0222c68d27626e2ca256c8c001a3d2d/fb8d9e26fede29e5ca256e4d00770688%21OpenDocument
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Ballarat (headquarters) and as required at Ararat, Casterton, Edenhope, Hamilton, Hopetoun, Horsham, Maryborough, Nhill, Ouyen, Portland, St. Arnaud, Stawell and Warrnambool.
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under section 508 for a term of up to five years. The president may be re-appointed by the governor for further terms of five years at a time. Along with
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The governor may also appoint a magistrate to act as the president in the president's absence. If the governor does not appoint an acting president, the
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The Victorian government established the children's court in 1906 shortly after the creation of a similar court in New South Wales (see, the
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663:"Law and Norm: Justice Administration and the Human Sciences in Early Juvenile Justice in Victoria". David McCallum. Newc LR Vol 7 No 2.
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On a question of law, there may be a right of appeal directly to the Supreme Court of Victoria in certain circumstances.
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the âaggrieved family memberâ or the defendant is under the age of 18 years at the time the application is made.
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When the court sits in one of its divisions, it may not deal with cases from another division at the same time.
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of a motor vehicle which causes death. In respect of these offences, the division conducts a
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is automatically appointed to act. The first president of the court was
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Broadmeadows (headquarters) and as required at Castlemaine and Kyneton.
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Halisbury Laws of Australia. Lexis Nexis Corporation, Australia.
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Mediawatch: Journos divorced from the courts (03/10/2005)
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Specialist Victorian court for children and young people
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Sunshine (headquarters) and as required at Werribee.
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