The Law Handbook 2024

Chapter 1.4: The Children’s Court 47 workers, youth justice custodial workers and police officers. Further classes of professionals may be added to the list of mandatory reporters. The DFFH can provide an up-to-date list of professions. Temporary assessment orders Under the CYF Act (ss 228–239), the DFFH can apply for an order to investigate whether a child needs protection. An application can be made without notice with the leave of the court. An order can last for up to 10 days if obtained without notice and for up to 21 days if obtained with notice. An order may authorise a child’s parents to be interviewed or for a child to be medically examined. The results of the procedure must be submitted to the court. In practice, the DFFH uses these provisions very rarely. Initiating protection applications Only the DFFH initiates protection applications. Before the court hearing, a protection application may be commenced in two ways: 1 In urgent cases, the protective intervener (i.e. the DFFH worker) may, with or without a warrant, take the young person into emergency care. The young person must be taken to a Children’s Court no later than 24 hours after they have been taken into care (s 242 CYF Act). 2 In non-urgent cases, the DFFH issues a notice to the child’s parents that a protection hearing will take place. The notice must be posted 14 days before the hearing or delivered five days before the hearing (s 243). Legal representation In 2013, the CYF Act was changed so that only young people aged 10 years or older can be represented on instructions by a lawyer. The young person must have separate representation from that of their parents. If it is impossible to get legal advice before the court hearing, the duty lawyers at court may be able to help (see ‘Duty lawyers’ in Chapter 2.2: How legal aid can help). Dispute resolution To prevent lengthy delays in the hearing of contested protection applications, there is a dispute resolution procedure for contested cases. The procedure is called a conciliation conference. An independent convenor conducts the conciliation conference, which may be attended by DFFH staff, the young person’s parents, the young person and legal representatives. The intention of the conference is to reach an agreed settlement that ensures the safety and well- being of the young person. Any settlement has to be ratified by the Children’s Court. Reports The CYF Act provides for three types of reports in the Family Division: 1 protection reports; 2 disposition reports; and 3 additional reports (ss 553–562 CYF Act). Protection and disposition reports are prepared by the DFFH. The magistrate may request additional reports from the DFFH, the Children’s Court Clinic, or from a specified person. A protection report – which is provided before the grounds of the protection application are proved – must only deal with matters relevant to the question of whether the young person needs protection (s 555). A subsequent disposition report includes a draft case plan, if necessary (s 558(a)). If the report recommends that the young person be removed from home, it must detail the steps taken by the DFFH to provide the services necessary to enable the young person to remain at home (s 558(c)). There are provisions about access by the young person and their parents to Family Division reports (ss 556, 559). Access may be withheld from the young person or the parents if it is deemed prejudicial to the physical or mental health of the young person or their parents. A report cannot be withheld from a lawyer representing the young person or their parents. Interim accommodation orders If a case is adjourned, the young person is usually placed on an interim accommodation order. The most common orders include those that: 1 release a young person on their own undertaking; 2 release a young person to a parent; 3 place a young person with a suitable person (following an assessment by the DFFH); 4 place a young person in an out-of-home care service (e.g. a DFFH short-term unit or placement via a foster care agency); or 5 place a young person in a secure welfare service.