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Children & the Law |
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- Legislation
- Australia
- Commonwealth
- Immigration (Guardianship of Children) Act 1946 (Cth)
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An Act to make provision for and in connexion with the Guardianship of certain alien children
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- Australian Capital Territory
- Adoption Act 1993 (ACT)
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An Act relating to the adoption of children
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- New South Wales
- Adoption Act 2000 (NSW)
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An Act with respect to the adoption of children and access of information relating to adoption
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- Child Protection (Offenders Registration) Act 2000 (NSW)
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An Act with respect to the registration of certain offenders
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- Children (Community Service Orders) Act 1987 (NSW)
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An Act with respect to the performance of community service work by children and other young persons who have been found guilty of criminal offences
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- Children (Criminal Proceedings) Act 1987 (NSW)
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An Act with respect to the conduct of criminal proceedings against children and other young persons
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- Children (Detention Centres) Act 1987 (NSW)
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An Act with respect to the detention of children and other young persons who are on remand or who have been found guilty of criminal offences
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- Children (Interstate Transfer of Offenders) Act 1988 (NSW)
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An Act to facilitate the transfer of young offenders to, from or through New South Wales and to amend the Search Warrants Act 1985 consequentially
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- Children (Protection and Parental Responsibility) Act 1997 (NSW)
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An Act with respect to the responsibility of parents for the behaviour of their children; to enable police to escort certain children from public places to their parents' residences and other places; to make provision for local crime prevention plans and safer community ...
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- Children and Young Persons (Care and Protection) Act 1998 (NSW)
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An Act to provide for the care and protection of, and the provision of services to, children and young persons
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- Children's Court Act 1987 (NSW)
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An Act to establish a Children's Court of New South Wales
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- Commission for Children and Young People Act 1998 (NSW)
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An Act to establish the Commission for Children and Young People and provide for its functions; to provide for employment screening for child-related employment; to amend certain Acts
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- Status of Children Act 1996 (NSW)
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An Act to re-enact without any substantive changes provisions contained in the Children (Equality of Status) Act 1976 concerning the removal of legal disabilities of exnuptial children; to provide for parentage presumptions and parentage testing procedures; to repeal the ...
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- Young Offenders Act 1997 (NSW)
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An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings
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- Northern Territory
- Adoption of Children Act 1994 (NT)
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An Act to provide for the adoption of children
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- Status of Children Act 1978 (NT)
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An Act relating to the Status of Children.
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- Queensland
- Adoption of Children Act 1964 (QLD)
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An Act to consolidate and amend the law relating to the adoption of children
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- Child Care Act 2002 (QLD)
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An Act to regulate the provision of child care services
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- Child Protection Act 1999
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The purpose of this Act is to provide for the protection of children.
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- Childrens Court Act 1992 (QLD)
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An Act to establish the Childrens Court of Queensland
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- Commission for Children and Young People Act 2000
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The object of this Act is to establish the Commission for Children and Young People to promote and protect the rights, interests and wellbeing of children in Queensland.
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- Juvenile Justice Act 1992 (QLD)
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An Act to provide comprehensively for the laws concerning children who commit, or who are alleged to have committed, offences
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- Queensland Civil and Administrative Tribunal Act 2009
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The Queensland Civil and Administrative Tribunal (QCAT) began its operations on 1 December 2009 amalgamating many State tribunals, including the Children Services Tribunal.
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- Status of Children Act 1978 (QLD)
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An Act to remove the legal disabilities of children born out of wedlock and to declare with respect to the parentage of children artificially conceived.
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- Tobacco and Other Smoking Products Act 1998 (QLD)
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An Act to restrict the supply of tobacco products to children
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- Young Offenders (Interstate Transfer) Act 1987 (QLD)
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An Act to facilitate the transfer to, from and through Queensland of young offenders who wish to be so transferred
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- South Australia
- Adoption Act 1988 (SA)
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An Act to provide for the adoption of children
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- Children's Protection Act 1993 (SA)
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Legislation dealing with the care and protection of children
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- Children's Services Act 1985 (SA)
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An Act to ensure the provision of services for children; to repeal the Kindergarten Union Act, 1974; to amend the Community Welfare Act, 1972
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- Young Offenders Act 1993 (SA)
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Legislation related to young offenders and youth justice
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- Youth Court Act 1993 (SA)
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An Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; to make a consequential amendment to the Courts Administration Act 1993
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- Tasmania
- Adoption Act 1988 (Tas)
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An Act to amend and consolidate the law relating to adoption, to repeal the Adoption of Children Act 1968, and to make consequential amendments to the Registration of Births and Deaths Act 1895
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- Child Care Act 2001(Tas)
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An Act to provide for a system of licensing child care services and to provide for the establishment and maintenance of standards for the provision of quality child care.
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- Children, Young Persons and Their Families Act 1997
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An Act to secure the welfare of children who are considered to be "at risk"
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- Status of Children Act 1974 (TAS)
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An Act to remove the legal disabilities of children born out of wedlock, and to establish parenthood of certain children.
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- Victoria
- Adoption Act 1984 (VIC)
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An Act concerning adoption, access to reports and records and the Department of Community Services Adoption Information Service
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- Children and Young Persons Act 1989 (VIC)
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The main purposes of this Act are- (a) to establish The Children's Court of Victoria as a specialist court dealing with matters relating to children and young persons; and (b) to provide for the protection of children and young persons; and (c) to make provision in relation ...
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- Children's Services Act 1996 (VIC)
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The main purpose of this Act is to provide for the licensing and regulation of children's services
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- Status of Children Act 1974
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An Act realting to the status of children
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- Western Australia
- Adoption Act 1994 (WA)
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An Act to make provision for the adoption of persons and for the parties to adoptions and their relatives to have access to information about the parties, to repeal the Adoption of Children Act 1896
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- Children and Community Services Act 2004
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The objects of this Act are (a) to promote the wellbeing of children, other individuals, families and communities; (b) to acknowledge the primary role of parents, families and communities in safeguarding and promoting the wellbeing of children; (c) to encourage and support ...
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- Children's Court of Western Australia Act 1988 (WA)
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An Act to establish the Children's Court of Western Australia
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- Young Offenders Act 1994 (WA)
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An Act relating to young persons who commit offences against the law, to amend certain Acts. The main objectives of this Act are -- (a) to provide for the administration of juvenile justice; (b) to set out provisions, embodying the general principles of juvenile justice, for ...
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- International
- Child Labor Legislative Database
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The Child Labor Legislative Database contains the searchable child labor-specific text of laws from nations around the world. It can be searched by country and category/topic. The legislative database presented here is intended to serve a wide range of individuals and ...
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- Courts & tribunals and their decisions
- Australia
- New South Wales
- Children's Court of New South Wales
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The Children's Court of New South Wales deals with matters related to the care and protection of children and young people. It also deals with criminal cases concerning children and young people.
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- Northern Territory
- Northern Territory Magistrates Court - Youth Justice Court
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The Youth Justice Court is established by the Youth Justice Act and hears charges against young offenders. A Youth is a person under the age of 18 at the time of being charged or appearing before the court. A Youth may be committed to the Supreme Court for trial or sentence ...
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- Queensland
- Children's Court of Queensland
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Magistrates Court matters involving juveniles (people under the age of 17) are dealt with in a special court known as Childrens Court. Childrens Court matters are heard in a closed court which means only those directly involved in the case may be present. Noone is permitted ...
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- South Australia
- Youth Court: Courts Administration Authority: South Australia
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The Youth Court is a specialist court for people aged under 18 years. The Youth Court of South Australia was created by the Youth Court Act, 1993. It has a criminal jurisdiction, a child protection jurisdiction and also hears adoption matters. The Youth Court has three ...
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- Victoria
- Children's Court: Magistrates' Court of Victoria
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A specialised Children’s Court was established in 1906 within the existing Courts of Petty Sessions (now called Magistrates’ Courts). The Children’s Court has the authority to hear cases involving children and young people up to 17 years of age. All proceedings are conducted ...
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- Western Australia
- Children's Court: Department of The Attorney General : Western Australia
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The Children's Court deals with all complaints of offences alleged to have been committed by young people between the ages of 10 and 17 years (inclusive). If the young person charged has turned 18 after the date of the alleged offence, then the person still appears before ...
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- Organisations
- Australia
- Commonwealth
- Australian Institute of Family Studies
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The Institute is a Commonwealth government research and information agency established in 1980 to promote the identification and understanding of factors affecting marital and family stability in Australia.
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- Defence for Children International Australia
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The Australian Section of Defence for Children International is the local link in a global chain of children’s rights agencies recognised by the United Nations. The Convention on the Rights of the Child focuses on people under 18 years of age. It sets out the principles ...
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- NAPCAN
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NAPCAN is the National Association for Prevention of Child Abuse & Neglect. Established in 1987, it is a non government, not for profit, volunteer based organisation. NAPCAN is the only national organisation of its kind in Australia working to promote effective care and ...
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- Queensland
- Commission for Children and Young People and Child Guardian
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The Commission for Children and Young People and Child Guardian is an organisation which promotes and protects the rights, interests and wellbeing of all Queenslanders under 18. The Commission is independent, and its decisions are not influenced by any Government department ...
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- Youth Advocacy Centre
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The Youth Advocacy Centre [YAC] is a community legal and social welfare service for young people under 17. It offers FREE CONFIDENTIAL LEGAL and WELFARE ASSISTANCE to young people under 17 who live in or around Brisbane and on a limited basis to young people outside ...
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- Multi-jurisdictional
- Association Of Childrens Welfare Agencies
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The Association of Childrens Welfare Agencies (ACWA) was founded as a peak body in 1958 New South Wales (Australia) with the objectives of supporting non government agencies and improving the quality of services to children and young people who need to live away from their ...
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- Lawstuff
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The National Children's and Youth Law Centre is an independent, non-profit organisation working for all Australians under the age of 25. The National Children's and Youth Law Centre (NCYLC) began in 1993 with a three year grant from the Australian Youth Foundation and was ...
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- International
- Child Labor Research Initiative
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The Child Labor Research Initiative is one of many activities and programs of the UI Center for Human Rights dedicated to the alleviation of human suffering through the promotion and protection of human rights.
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- Child Rights Information Network
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The Child Rights Information Network (CRIN) is a global network that disseminates information about the Convention on the Rights of the Child and child rights amongst non-governmental organisations (NGOs), United Nations agencies, inter-governmental organisation (IGOs), ...
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- Childwatch International
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Childwatch International is a nonprofit, non-governmental network of institutions involved in research for children. It aims to initiate and coordinate research and information projects on children's living conditions and the implementation on children's rights as expressed ...
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- Defence for Children International
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Defence for Children International (DCI) is an independent non-governmental organisation set up during the International Year of the Child (1979) to ensure on-going, practical, systematic and concerted international action specially directed towards promoting and protecting ...
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- ECPAT International
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ECPAT is a network of organisations and individuals working together for the elimination of child prostitution, child pornography and trafficking of children for sexual purposes. It seeks to encourage the world community to ensure that children everywhere enjoy their ...
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- Human Rights Watch: Children's Rights
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Human Rights Watch is dedicated to protecting the human rights of people around the world. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, ...
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- International Bureau for Children's Rights
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The International Bureau for Children's Rights is an international non-governmental organisation founded in Paris on 20 November, 1994, at the initiative of Judge Andrée Ruffo (Canada) and Dr. Bernard Kouchner (France). The IBCR's mission is to protect, defend and promote ...
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- UNICEF
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Created by the United Nations General Assembly in 1946 to help children after World War II in Europe, UNICEF was first known as the United Nations International Children's Emergency Fund. In 1953, UNICEF became a permanent part of the United Nations system, its task being to ...
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- United Kingdom
- Save the Children
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Save the Children is the leading UK charity working to create a better world for children. It works in 70 countries helping children in the world's most impoverished communities. It is part of the International Save the Children Alliance, which aims to be a truly ...
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- United States
- Children's Advocacy Institute
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In 1989, Robert C. Fellmeth founded the Children's Advocacy Institute (CAI) as part of the Center for Public Interest Law at the University of San Diego School of Law. Staffed by experienced attorneys and advocates, and assisted by USD law student interns, CAI works to ...
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- National Center for Youth Law
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The National Center for Youth Law uses the law to protect children from the harms caused by poverty, and to improve the lives of children living in poverty. The Center works to: Protect abused and neglected children through work with advocates, foster parents, and others ...
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- National Criminal Justice Reference Service: Juvenile Justice
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NCJRS is a federally funded resource offering justice and substance abuse information to support research, policy, and program development worldwide.
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- Office of Juvenile Justice and Delinquency Prevention
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To provide national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP accomplishes this by supporting States and local communities in their efforts to develop and implement effective and coordinated prevention and ...
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- Organisations - Government
- Australia
- Commonwealth
- Australian Human Rights and Equal Opportunity Commission
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The Human Rights and Equal Opportunity Commission is a national independent statutory government body, established in 1986 by an Act of the Federal Parliament, the Human Rights and Equal Opportunity Commission Act. The Federal Attorney General is the Minister responsible in ...
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- Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)
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The Department is responsible for a broad range of social policy issues affecting Australian society and the living standards of Australian families, communities and individuals including responsibility for child care services and family issues including family payments.
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- International Child Abduction: Official Australian Website
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The Commonwealth Attorney-General's Department is the Australian Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction. The Convention can assist parents whose children have been wrongfully removed to, or retained in, a Convention ...
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- New South Wales
- Committee on Children and Young People
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The Committee on Children and Young People was formed in August 2000. Its primary responsibility is to monitor and review the work of the Commission for Children and Young People and report its findings and recommendations to Parliament.
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- Lawlink NSW: Resources for Young People
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Resources include information on legal rights for under 18's, road safety, youth conferencing and age discrimination.
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- NSW Commission for Children and Young People
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The Commission has three main priorities that guide the work it does. The goal is to: increase the participation of children and young people in making decisions that affect their lives, promote the safety and welfare of children and young people, and strengthen the ...
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- NSW Department of Community Services
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The work of the department includes the help, protection and care of children and the regulation of child care services, children's employment and adoption services.
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- Queensland
- Legal Aid Queensland
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See entries in Page of Contents Topic List under Children.
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- Youth Justice. Department of Communities
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Youth justice programs and services operate through a regional network of: * 36 Area Offices; * five youth justice services; * two youth detention centres; and * specialist central units.
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- South Australia
- Department for Families and Communities
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All agencies within the Department for Families and Communities(DFC) work together to provide integrated services which protect families and children's well being, support young people and promote the well being of communities to which we live. This site provides links to ...
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- Tasmania
- Department of Health & Human Services, Tasmania
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The Department of Health and Human Services (DHHS) provides integrated services to the people of Tasmania in the areas of health, housing and community services.
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- Victoria
- Department of Human Services Victoria: Community Care Division
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The Division is responsible for the policy and program framework for services for Victoria's children, young people, families and vulnerable individuals.
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- Western Australia
- Department for Child Protection. Western Australia
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The Department for Child Protection was created as a result of the Government’s response to the Ford Review, the independent review of the old Department for Community Development. The Department’s major focus is on meeting the needs of vulnerable children and families. It ...
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- Publications
- Australia
- Commonwealth
- Bringing them home: The 'Stolen Children' report
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The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families was established in May 1995 in response to efforts made by key Indigenous agencies and communities.This report is a tribute to the strength and struggles of many ...
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- Child Abuse and Neglect: Part 1 - Redefining the Issues
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Few social issues evoke extreme emotive responses, both publicly and privately, as child abuse and neglect. This is not surprising as childhood is perceived by many to be a time of innocence and nurturing. Issues surrounding family behaviour are primarily regarded as ...
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- Mandatory detention laws in Australia
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Submission by the Human Rights and Equal Opportunity Commission to the inquiry by the Senate Legal and Constitutional Legislation Committee into the Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999. Mandatory detention laws were enacted in Western ...
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- The Best Interests of the Child
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The principle of 'the best interests of the child' is set out in the United Nations Convention on the Rights of the Child (CROC). CROC was adopted in 1989 and ratified by Australia in December 1990. It makes the best interests of the child at least 'a primary consideration', ...
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- United Nations Convention on the Rights of the Child - 17th Report
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The Inquiry into of the Status of the United Nations Convention on the Rights of the Child in Australia focused on those aspects that were of concern to the Australian community. Accordingly the Committee adopted a broad set of issues as its Terms of Reference.Those who ...
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- New South Wales
- Juvenile Justice - Hot Topic No. 23 (Update 1999)
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The juvenile justice system is the term used to describe the way the law responds to the behaviour and action of young people under 18. It incorporates legislation, policing, the courts, aspects of welfare and corrections (juvenile detention centres).This plain language ...
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- Minors' consent to medical treatment
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This Issues Paper considers the law relating to consent to medical treatment of people aged below 18 (“young people”). It covers four broad areas: the legal competence of young people to consent to, and refuse, medical treatment; the legal framework governing consent to, and ...
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- Report 69 (1992) - Review of the Adoption Information Act 1990
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The New South Wales Law Reform Commission was required to inquire into and report on the operation of the Adoption Information Act 1990. In particular, the Commission was required to consider public awareness, implementation and administration of the Act, and its impact on ...
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- Report 81 (1997) - Review of the Adoption of Children Act 1965 (NSW)
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This Report represents the culmination of the New South Wales Law Reform Commission's review of the Adoption of Children Act 1965 (NSW). This Report contains final recommendations for reform of the Adoption Act based on an analysis of current research; responses and ...
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- Research Report 7 (1997) - The Aboriginal Child Placement Principle
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The Aboriginal Child Placement Principle ("the Principle") essentially outlines a preference for the placement of Aboriginal children with Aboriginal people when they are placed outside their families. This Report examines the Principle and its effectiveness in placing ...
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- Queensland
- Juvenile Justice - A Legal Practitioner's Guide - 4th edition, 2003
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Since it was first passed in 1992 the Juvenile Justice Act has undergone many changes. The Juvenile Justice Amendment Act 2002, in particular, introduced major changes to the legislation in a wide variety of areas. Those changes, and developments over the past decade, have ...
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- The Receipt of Evidence by Queensland Courts: the Evidence of Children: Working Paper 53 (Dec 1998) and Report 55 (June 2000): Queensland Law Reform Commission.
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In Australia, children appear more frequently in criminal proceedings than in civil proceedings. The issues associated with children giving evidence as complainants in criminal proceedings are examined.
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- Youth Justice Conferencing
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Youth Justice Conferencing is a restorative justice approach to youth crime. It is a meeting between the people who have been affected by a young person's crime - the young person and their family or other support people, the victim (if they wish to attend) or their ...
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- South Australia
- Family Conferences in the Juvenile Justice System of South Australia
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In this paper, Part A by Roseanne McInnes, considers; 1. The History of Diversion of young offenders in South Australia 2. The Select Committee's Review and recommendations 3. The major provisions of the new legislation 4. The Port Adelaide Youth Court's interpretation of ...
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Other indexes/links
- Australia
- United States
- ABA Center on Children and the Law
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In 1978 the American Bar Association's Young Lawyers Division created the ABA Center on Children and the Law. From modest origins as a small legal resource center focusing exclusively on child abuse and neglect issues, the Center has grown into a full-service technical ...
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- Child Welfare Information Gateway
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A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services. The Child Welfare Information Gateway connects professionals and concerned citizens to timely, essential information and resources targeted to the ...
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- Children's rights: an overview
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A collection of resources on chidren's rights.
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Conferences
Journals
- United States
- Family and Children's Law Abstracts
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Abstracts of working papers, forthcoming articles, briefs of general interest, proposed statutes, and recently-published articles addressing issues of family and children's law.
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- Youth Law News
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Youth Law News is the newsletter of the National Center for Youth Law, and is published six times a year. Youth Law News features articles on critical children's issues written both by NCYL attorneys and by other related organizations. It also includes project updates, ...
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Treaties and Conventions
- International
- Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (The Hague, 29 May 1993)
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The objects of the present Convention are- a to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law; b to establish a system of ...
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- Convention on the Civil Aspects of International Child Abduction 1983 (The Hague, 25 October 1980)
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The objects of the present Convention are- (a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and (b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the ...
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- Convention on the Rights of the Child 1990 (New York, 20 November 1989)
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For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier. States Parties shall respect and ensure the rights set forth in the present Convention to ...
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- Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with special reference to Foster Placement and Adoption Nationally and Internationally
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Adopted by General Assembly resolution 41/85 of 3 December 1986.
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- Declaration on the Protection of Women and Children in Emergency and Armed Conflict
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Declaration on the Protection of Women and Children in Emergency and Armed Conflict Proclaimed by General Assembly resolution 3318(XXIX) of 14 December 1974
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- European Convention on the Adoption of Children
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The Convention ensures that national law on the protection of children applies not only to adoptions of children from the Parties but also to those of children from other States.
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- Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children
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The objects of the present Convention are – a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child; b to determine which law is to be applied by such authorities in exercising their ...
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- Hague Convention on International Child Abduction: Report for Congress June 2004
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Hague Convention on International Child Abduction: An analysis of the applicable law and institutional framework of fifty-one jurisdictions and the European Union
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- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts
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Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000 not yet in force (see article 10) Article 1 States Parties shall take all feasible measures to ensure that members of their armed forces who have not ...
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- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
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Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000 not yet in force (see article 14) Article 1 States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by ...
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