Every child deserves to grow up in a safe, nurturing environment. However, not all children in the Australian state of Victoria have this security. Some face neglect, abuse, or other forms of harm that jeopardise their well-being. Protecting these children is a top priority, and understanding the legal frameworks in place can help ensure their safety.
Below, we’ll explore the circumstances that indicate when a child needs protection, the legal measures in Victoria designed to protect them, and the roles various entities, such as child protection lawyers, can play in safeguarding their welfare.
What Defines a Child in Need of Protection?
In Victoria, a child is considered in need of protection if they are experiencing, or are at risk of, harm or neglect that affects their physical or emotional well-being. The Children, Youth and Families Act 2005 outlines specific scenarios, which include:
Neglect
A child left with inadequate access to essentials such as food, shelter, medical care, education, and supervision may display signs of malnutrition, frequent illnesses, or engage in unsupervised and dangerous activities.
Abandonment
A child is considered abandoned when their parents or guardians intentionally leave them neglected, unsupervised or alone in unsafe situations for long periods of time, making them vulnerable to various forms of harm.
Death or Incapacity of the Child’s Parents
A child needs protection if their parents have died or are incapacitated and unable to provide necessary care, and no other guardians can assume responsibility for the child’s well-being.
Physical Injury
Physical injury involves significant harm caused by bodily injury inflicted by a parent, guardian, or caregiver, including hitting, shaking, or other physical forms of violence.
Emotional or Psychological Harm
A child who is constantly belittled, kept isolated, or exposed to frequent domestic conflict may develop serious emotional or psychological issues that need protective intervention.
Sexual Abuse
A child who suddenly displays knowledge of sexual acts or who withdraws socially may be experiencing or be at risk of sexual abuse. Such abuse includes inappropriate touching, coercion into sexual acts, or exposure to sexual content.
How To Report to Child Protection Authorities
Reporting a child needing protection is a crucial step in safeguarding their well-being. In Victoria, the process for reporting concerns to the Victorian Child Protection Service under the Department of Families, Fairness and Housing (DFFH) is designed to be accessible and thorough. Here’s a guide on how to report to child protection authorities:
Who Can Report?
Anyone concerned about a child’s safety or well-being can make a report. Reporters can remain anonymous if preferred. However, providing your contact information can be helpful for follow-up or additional information gathering.
Certain professionals are legally required to report suspected child abuse or neglect. These mandatory reporters include teachers, doctors, nurses, police officers, and childcare workers. Failure to report can result in legal consequences for these professionals.
When to Report?
There are telltale signs that a child may be at risk and indicate that a report may be warranted. These can include:
- Physical signs: Unexplained injuries, frequent bruises, or burns.
- Behavioural signs: Extreme withdrawal, fearfulness, aggression, or significant behavioural changes.
- Emotional signs: Signs of depression, anxiety, or emotional distress.
- Neglect indicators: Poor hygiene, malnutrition, unattended medical needs, or lack of supervision.
- Disclosures: Direct statements from a child about being harmed or neglected.
Steps to Report
During business hours, reports can be made to Child Protection by calling the number that covers the local government area where the child lives.
For urgent concerns outside of business hours, contact the statewide After-Hours Child Protection Emergency Service at 13 12 78.
When making a report, provide as much detailed information as possible. This includes:
- The child’s name, age, and address.
- Details of the concerns or incidents that prompted the report.
- Information about the child’s family, including parents or caregivers.
- Any immediate safety concerns or threats to the child.
- Your relationship with the child and how you became aware of the concerns.
The Children’s Court and Protection Orders
The judiciary plays a critical role in child protection cases in Victoria. When child protection authorities believe a child cannot safely remain with their family, they may apply to the Children’s Court in Melbourne for a protection order. These can include orders such as:
- Family Preservation Order: Under this order, the DFFH will supervise the care of the child for a specified period. However, the child’s parents retain parental responsibility for the child and the child will still live with and be cared for by one or both parents.
- Family Reunification Order: Under this order, parental responsibility for the child will be granted to the DFFH. However, unless the court decides otherwise, the child’s parents or guardians retain decision-making responsibility on major or long-term issues such as education, religious and cultural upbringing, health and name.
- Care by Secretary Order: This order gives parental responsibility for a child exclusively to the DFFH for two years.
- Long-Term Care Order: Sole parental responsibility for a child is granted to the DFFH until the child turns 18 or marries. However, the child will live with the same person or persons (who are not their parents) until the completion of the order.
- Permanent Care Order: These act like adoption orders in that they grant parental responsibility for a child to a person other than the child’s parents or the DFFH until the child turns 18 or marries.
The Role of Child Protection Lawyers
Child protection lawyers in Victoria play a crucial role in safeguarding the rights and welfare of children involved in child protection cases by helping them understand the proceedings and advocating for outcomes in their best interests. Their responsibilities include:
- Legal Representation: Representing children, parents, and/or guardians in court, advocating for the child’s best interests.
- Advisory: Providing legal advice to children, parents, and/or guardians about their rights and obligations under child protection laws.
- Case Preparation: Preparing legal documents, gathering evidence, and building a court case.
- Negotiation and Mediation: Resolving disputes outside of court to reach agreements that serve the child’s best interests.
- Advocacy: Promoting systemic changes in child protection laws and policies to uphold children’s rights.
In situations where a child is under 10 years of age, the Children’s Court may appoint an Independent Children’s Lawyer to read associated materials and make decisions based on the child’s best interests. Victoria Legal Aid can also refer children under 10 to child protection lawyers for support.
Meanwhile, children over 10 years old will take a more instruction-based approach and tell the lawyers what they would like to see happen in court.
For parents and carers, child protection lawyers will act in their interests and advocate for both their rights and the rights of their child in child protection cases.
Ensuring Every Child’s Right to Safety
Protecting children from harm is a critical responsibility shared by individuals, communities, and legal authorities in Victoria. By recognising signs of abuse and neglect and understanding the legal mechanisms in place, we can take proactive steps to safeguard children’s welfare.
If you suspect a child needs protection, don’t hesitate to contact the DFFH or your local child protection services. Together, we can make a difference in the lives of vulnerable children.
