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76066 Children and the Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((70218 Criminal Law OR 70114 Criminal Law and Procedure) AND 70311 Torts AND 70616 Australian Constitutional Law)
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78128 Child Law in Australia AND 78129 Child Law in Australia

Description

This elective subject is designed to enhance undergraduate studies in core law subjects as they relate to children; in particular constitutional law, criminal law, contracts, torts and the law of evidence. It also complements elective studies in family law and succession. The subject has been designed to combine both a theoretical and a vocational approach to the study of these issues and not only benefits students interested in these issues, but also those students considering a career in legal practice and/or the delivery of children's legal services.

The emphasis is on issues such as child development theory, children's rights, juvenile justice, care and protection, education rights and responsibilities, and the legal representation of children. Issues such as adoption, employment, property ownership and succession issues, civil liability, and medical procedures and treatment may be covered in assessment options. This is not a strictly 'black letter' subject; the present law in New South Wales is considered as well as the historical development of laws relating to children, proposed reforms, and comparative material from other jurisdictions. Material from other disciplines, such as criminology, sociology, and developing brain research is also incorporated, as appropriate.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. identify, describe, evaluate, and apply the principles of law and procedure applicable to children and young people;
2. engage in independent thinking, discussion, and critical analyses of the laws, policies and practices applicable to children and young people in a culturally diverse and increasingly globalised context;
3. demonstrate creative, strategic, and ethical thinking and practice in child law;
4. demonstrate skills in updating knowledge and understanding of the ebbs and flows in children???s law and practice;
5. undertake research in an area of child law of personal interest critically examining the theoretical, social and political context of the relevant law and constructing solutions to identified issues

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)

Teaching and learning strategies

Strategy 1: Interactive and stimulating online class discussions informed by careful preparation and consideration of the issues
Strategy 2: Independent learning through undertaking set materials

Strategy 3: Independent research on chosen topic and online presentation of research outcomes.

Subject delivery: This subject will be delivered online. By contributing to the online discussion of issues arising from the set topics and sharing their individual research students will create a community of practice for learning about child law

Content (topics)

  • Children, Young People and the Law
  • Children's rights
  • Children's Development and Family Trauma
  • Child Protection
  • Child welfare and Juvenile Justice
  • Children in Court
  • Medical Treatment

Assessment

Assessment task 1: Online Class Participation

Intent:

Students will create a community of practice for learning about child law by contributing to the online discussion of issues arising from the set topics and sharing their individual research.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 20%

Assessment task 2: Research proposal

Intent:

Completing this assessment task ensures that you begin to consider your Research essay at an early stage and receive feedback on your proposed question and approach.

Objective(s):

This task addresses the following subject learning objectives:

2, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0 and 4.0

Weight: 20%
Length:

1,000 Words
Criteria:

Please see instructions for this task under the Assessment tab on UTSOnline for details of assessment criteria

Assessment task 3: Research Essay

Intent:

This task allows students the opportunity to explore a question arising from this subject that is of personal interest.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 50%
Length:

4000 words
Criteria:

Please see the instructions for this task under the Assessment tab on UTSOnline for details of assessment criteria.

Assessment task 4: Research presentation

Intent:

This task provides an opportunity for students to contribute to the community of practice in this subject by sharing their research. In doing so students will enhance the learning of their peers and also recieve feedback on their research from fellow students.
Objective(s):

This task addresses the following subject learning objectives:

2 and 3

This task contributes specifically to the development of the following graduate attributes:

3.0 and 4.0

Weight: 10%
Length:

Notional 1,000 words
Criteria:

Please see the task instructions under the Assessment tab on UTSOnline for details of assessment criteria.

Required texts

Geoff Monahan and Lisa Young (eds), Children and the law in Australia, LexisNexis Butterworths, Australia, 2008

Recommended texts

Geoff Monahan and Lisa Young, Family Law in Australia (LexisNexis 7th ed 2009)

Chris Cuneen and Rob White, Juvenile Justice:Youth and Crime in Australia (Oxford, 3rd ed, 2007)

Allan Borowski and Ian O'Connor (eds) Juvenile Crime, Justice and Corrections (Longman, 1997)

Other resources

Reports

  • Australian Law Reform Commission and Human Rights and Equal Opportunity Commission, Seen and Heard: priority for children in the legal process, ALRC Report No. 84, AGPS, Canberra, 1997
  • Human Rights and Equal Opportunity Commission, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children and Their Families, Commonwealth of Australia, Canberra, 1997
  • National Children’s and Youth Law Centre and Defence for Children International, Submission to the Human Rights Committee concerning Australia’s third and fourth periodic reports under the International Covenant on Civil and Political Rights, 2000, available at http://www.dci-au.org/html/iccpr.html
  • National Children’s and Youth Law Centre and Defence for Children International (Australia), The Non-Government Report on the Implementation of the United Nations Convention on the Rights of the Child in Australia, May 2005, NCYLC and DCI-A, available at http://www.ncylc.org.au/croc/consultpaper.html
  • Australian Law Reform Commission, Australian Privacy Law and Practice, Report No. 108, May 2008, Chapter 3, Part I – ‘Children, Young People and Adults Requiring Assistance’
  • NSW Law Reform Commission, Young Offenders, Report 104, December 2005 (published December 2007)
  • NSW Law Reform Commission, Review of the Adoption of Children Act 1965 (NSW), Report 81, 1997
  • NSW Law Reform Commission, Issues Paper 24, Minors’ Consent to Medical Treatment, 2004, available at: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/ip24toc
  • Aboriginal Justice Advisory Council, A Fraction More Power: Evaluation of the Impact of the Children (Protection and Parental Responsibility) Act on Aboriginal People in Moree and Ballina, AJAC Research and Evaluation Series No. 1, Sydney, October 1999
  • Government of Australia, Combined Second and Third Reports under the UN Convention on the Rights of the Child, 2003. Available at http://www.ag.gov.au
  • Reba Meagher, Discussion Paper: Statutory Child Protection in NSW: Issues and Options for Reform, 2006, available at http://www.community.nsw.gov.au/documents/act_discussion.pdf
  • Special Commission of Inquiry into Child Protection Services in New South Wales (the Wood Report) , 2008, available at http://www.dpc.nsw.gov.au
  • Australian Institute of Health and Welfare Child Welfare Series Number 45, Child protection Australia 2007–08, Australian Institute of Health and Welfare, Canberra, available at http://www.aihw.gov.au/publications/cws/cpa07-08/cpa07-08.pdf
  • Judy Cashmore and Marina Paxman, Family Decision Making, A Pilot Project by Burnside and DoCS, Making Decisions Together, Evaluation Report, Burnside, Sydney, September 1999
  • Natalie Taylor, Juveniles in Detention in Australia, 1981-2007, Australian Institute of Criminology, Canberra, 2009, available at http://www.aic.gov.au
  • Lucy Snowball, Diversion of Indigenous juvenile offenders, Trends and Issues in Criminal Justice No. 355, Australian Institute of Criminology, Canberra, 2008, available at http://www.aic.gov.au
  • National Youth Commission, Australia’s Homeless Youth: a report of the National Youth Commission Inquiry into Youth Homelessness, National Youth Commission, Brunswick, 2008, available at http://www.nyc.net.au/files/Australias_Homeless_Youth.pdf
  • Peter Murphy and Anthony McGuiness, A Strategic Review of the NSW Juvenile Justice System: A Report for the Minister for Juvenile Justice, Noetic Solutions Pty Ltd, April 2010. Available at http://www.djj.nsw.gov.au (See also UTube)

Journals

  • (1996) 2(2) Australian Journal of Human Rights – special issue on children’s rights
  • Australian Children’s Rights News http://www.dci-au.org/html/acrn.html
  • International Journal of Children’s Rights
  • International Children’s Rights Monitor
  • International Journal of Law Policy and the Family
  • Children's Law News
  • (2008) 12 Australian Indigenous Law Review, Special Edition, based on papers presented at the conference, Ten Years Later: Bringing Them Home and the Forced Removal of Children, Customs House, Sydney, 28 September 2007


Selected General References

  • Lode Walgrave (ed), Restorative Justice and the Law, Willan Publishing, Devon, 2002
  • Christine Alder and Joy Wundersitz (eds), Family Conferencing and Juvenile Justice: The Way Forward or Misplaced Optimism? Australian Institute of Criminology, Canberra, 1994
  • David Archard, Children, Rights and Childhood, Routledge, London, 1993
  • Michael King and Christine Piper, How the Law Thinks about Children, Gower, Aldershot, 1990
  • Melinda Jones and Lee Ann Basser, Children on the Agenda: the rights of Australia’s children, Prospect Media, Sydney, 2001
  • Kathleen Funder (ed), Citizen Child: Australian Law and Children’s Rights, Australian Institute of Family Studies, Melbourne, 1996
  • Janet Chan (ed), Reshaping Juvenile Justice: The NSW Young Offenders Act 1997, Sydney Institute of Criminology, Sydney, 2005
  • Monica Barry and Fergus McNeill, Youth Offending and Youth Justice, Jessica Kingsley Publishers, London, 2009
  • Mary Crock, Seeking Asylum Alone – Australia: A study of Australian law, policy and practice regarding unaccompanied and separated children, Themis Press, Sydney, 2006
  • Harry Blagg, Crime, Aboriginality and the Decolonisation of Justice, Hawkins Press, Sydney, 2008
  • Christine Piper, Investing in Children: Policy, law and practice in context, Willan Publishing, Devon, 2008

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