Critical Evaluation of an Australian Welfare Court Case - SAP103

This report provides a critical evaluation of an Australian welfare court case, specifically focusing on the children's court in Victoria. It begins with an introduction to the Australian welfare system, highlighting its significance and functions, including child protection services and family support. The report then delves into the role, structure, and purpose of the children's court in Victoria, tracing its historical development and outlining its divisions. A case study involving adoption is presented, illustrating the court's involvement in child welfare matters. Ethical considerations, such as informed consent, confidentiality, relevance, and the avoidance of harm, are discussed in the context of adoption and welfare law. The dispute resolution process, particularly litigation, is examined, with a focus on how cases are presented and resolved in court. The report concludes by emphasizing the importance of interagency collaboration and effective child protection strategies within the Australian welfare system, acknowledging the challenges faced by the justice system and social workers in protecting children's rights and ensuring their welfare. The report references various academic sources to support its analysis.

Running head: AUSTRALIAN WELFARE SYSTEM
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ASSESSMENT COVER SHEET
Family Name: - Given Name(s):
Student ID: Course: Bachelor of Community Service
Unit Code: SAP103 Unit Name: Introduction to Welfare Law
Lecturer: Assessment Number/Title: Assessment 2/
critical evaluation of court case
Semester/Trimester and Year: Trimester
3, year 2019
Word Count:
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Table of Contents
Introduction: Australian welfare system...............................................................................2
Role, structure and Purpose of children’s court in Victoria................................................2
Role and purpose of the children’s court...........................................................................3
Case: Adoption.........................................................................................................................3
Ethical consideration...............................................................................................................3
Dispute resolution process.......................................................................................................4
Conclusion.................................................................................................................................4
References.................................................................................................................................4

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Introduction: Australian welfare system
The welfare represents 35% of all social security functions of the Australian Governments
expenses and this makes it an important function of both the government and the people. It is
a form of administrative social and economic well-being of the people that is upheld and
secured by the state. This is as per the conscience of fair wealth distribution, equivalent
chances and citizen’s public concern for citizens who are not able to give themselves at least
a decent living. Under various circumstances, many people may need support at different
stages of their lives. This is more so the elderly and the sick in the society. Support may come
from the government and non-governmental organizations, family members, communities
and friends (Burns, Pösö, & Skivenes, 2017). . The welfare system has the responsibility and
obligation to take care of the aged, the homeless community, child protection services, youth
and children justice and any family support. In the FY 2018, the Australian Government
spent roughly 160 Billion Australian dollars for social and welfare services. In this article we
will look at the structure and role of the local court system, any relatable welfare case and a
mention of the law that is relevant and finally discuss the ethical considerations of dispute
resolution process and mechanisms in welfare law (Carp, et al,2019).
Role, structure and Purpose of children’s court in Victoria
This is a court that was created in 1906 by the British Colonial government. It was aimed at
treating juvenile offender in Victoria colony a system of criminal law that was inherited from
the British colonizers. Children criminals at that time were treated less differently from adult
offenders as per the norm of the English Society. There were very little distinctions to how
the children were treated in comparison to how the adult criminals were treated. Penalties
such as flogging, imprisonment and even death were imposed to the children. As civilization

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progressed and time lapsed, better laws were put in order in the children’s court. Lesser
punishments have been given to children in this courts. In 1989, the present children court
was established under section 8 of the Young Children and Persons Act of 1989 in Victoria
(Carlisle, 2019). This was after the welfare of children were discussed in a committee of
parliament and was named the Children Court of Victoria. It has a jurisdiction to hear cases
of people aged 17 years and below. It is divided into two: the criminal court which is a
division dealing with criminal activities of young people and the protection and care unit. It is
now headed by the President of the court. It also has magistrates and registrars of the court. In
its structure, the court is divided into four sections which include: the family division; the
criminal division; the koori court division and the neighborhood justice division.
Role and purpose of the children’s court
Under the four divisions. The Victoria court has the following roles
1. The family division- deals with
 Intervention orders applications
 Applications that deal with care and protection of young persons and children
who are at risk.
2. Criminal division. It deals with
 Criminal matters relating to young persons and children.
3. Children’s Koori Court
 Deals with matters relating to Koori Children and children of the indigenous
communities apart from sexual offense.
4. The neighborhood justice division.

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 This is just like the family division of the court whose role include dissolution
of marriage associated matters like maintenance of the children, contacts,
property related issues and the child residence.
Case: Adoption
The family division of the Victoria children courts has a lot of cases presented to it.
One of the cases that I witnessed brought up to the magistrate in Victoria is a case of adoption
and a child who was found to have a criminal past being put into adoption. Raised by a single
mother, the boy had cases of bullying and stealing in local shops. He was put in a juvenile
cell and rehabilitated by the state. After rehabilitation his mother had died and the relatives
were not willing to take the 13 year old in. the magistrate had put into the works that the state
through its children protection agencies get the child into appropriate foster homes or find an
adoptive parent (Hom, et al,2016).. Through the Adoptive, child welfare and Assistance Act
of 1980, the law requires that states like Victoria which gets funding from the government
through federal foster and adoptive support will provide reasonable efforts to locate families
and keep them together while trying to reunite them with the children.
Ethical consideration
In ethical consideration in child welfare and adoption law in welfare consideration, they
include
Informed consent- this means that the families participating in the adoption process is
informed fully in the process. All the parties that are involved should be fully aware of the
whole process of adoption. The importance of the adoption process should be revealed to
both the child and the child being adopted.
Confidentiality- in case the two parties want the process to be confidential, the law allows
them to have the process private. Any identifying information that is available to the court

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should not be given to anybody. Any information about the process should not be made
available to the public unless the parties consent to the process.
Relevance- in the case, only the relevant information should be made available. Any other
information that is not relevant should not be introduced in the case law. The Victorian court
should be efficient in carrying out a court process with all relevant information (Ojelabi,
Osamor, & Owumi, 2015)..
Do not cause any harm- this is an ethical provision in a court of law that required that no
stress, pain or anxiety should be caused during the court process in adoption case. The
process of adoption should be agreed by all the parties and the process should not cause any
harm to the participants of the process.
Dispute resolution process
In this dispute resolution process, the use of the court is called litigation. In a civil suit, one
party sues another for damages caused. Adoption process where two families are fighting for
the custody of a minor is applicable in a court process. One family ( Call it Family A) sues
family B over illegal custody of their child. Files and other documents are brought to court
and evidence on the real family of the child is brought before the court of law. The plaintiff
produces evidence to that effect and if the judge is satisfied that the lawyers of the plaintiff
have argued their case based on evidence and facts, the plaintiff will the case (Pete, et
al,2017). Damages maybe awarded to the plaintiff. While any aggrieved party may lodge an
appeal if they think there is unfavorable ruling.
Conclusion
Child protection and welfare is not the sole obligation of the social work and professional
services. Although social workers do play a fundamental role in protecting and safeguarding
the welfare of children in Australia from harm. Child welfare demonstrates effective child

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protection strategies that requires information sharing across boundaries and interagency
collaborations. Issues in child protection is a challenge in many governments especially those
that do not have concrete laws in child protection and welfare. This is a challenge to the
justice system and social workers dealing with children in Victoria. Children rights in
Victoria children courts should not be violated and there are variable protection systems
across the country (Vidal, Kaasa, & Harmon, 2019).. Child abuse and variable development
of child protection systems in Victoria are a major issue facing children courts and children
welfares. Furthermore, diversity and lack of awareness of issues further compounds the
dangers and challenges facing child protection and welfare.

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References
Burns, K., Pösö, T., & Skivenes, M. (Eds.). (2017). Child welfare removals by the state: A cross-
country analysis of decision-making systems. Oxford University Press.
Carp, R. A., Manning, K. L., Holmes, L. M., & Stidham, R. (2019). Judicial process in America. Cq
Press.
Carlisle, J. (2019). A Legal Aid Centre in Marrakesh: Civil Society Activists and the Court in 2007.
In Muslim Divorce in the Middle East (pp. 69-96). Palgrave Pivot, Cham.
Hom, L. A., Silber, T. J., Ennis-Durstine, K., Hilliard, M. A., & Martin, G. R. (2016). Legal and
ethical considerations in allowing parental exemptions from newborn critical congenital heart
disease (CCHD) screening. The American Journal of Bioethics, 16(1), 11-17.
Ojelabi, O. A., Osamor, P. E., & Owumi, B. E. (2015). Policies and practices of child adoption in
Nigeria: A review paper.
Pete, S., Hulme, D., Du Plessis, M., Palmer, R., Sibanda, O., & Palmer, T. (2017). Civil procedure:
A practical guide. Oxford University Press Southern Africa.
Vidal, S., Kaasa, S., & Harmon, M. (2019). Process and outcomes of a court‐administered civil
mediation program. Conflict Resolution Quarterly, 36(4), 279-292.