78129 Child Law in Australia
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((70114 Criminal Law and Procedure OR 70218 Criminal Law)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76066 Children and the Law AND 78128 Child Law in Australia
Description
This subject explores the legal responses to issues arising from children's rights, child development theory, care and protection (including fostering), preschool and school education, civil liability, juvenile justice, legal representation, and access to medical treatment and procedures. Students completing this subject build on earlier law studies as they relate to children, particularly constitutional law, criminal law, contracts, torts and the law of evidence. 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. Students examine theoretical and vocational approaches to children and the law, and develop the requisite awareness and skills for the delivery of children's legal services.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | apply an advanced and integrated understanding of the principles of law and procedure relating to children and young people; |
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| 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. | apply sophisticated cognitive, creative, strategic and ethical thinking and practice to issues arising in child law; |
| 4. | contribute to a community of practice by presenting informed viewpoints and the outcomes of independent research to their peers; |
| 5. | undertake research in an area of child law of personal interest, critically examining and evaluating the theoretical, social and political context of the relevant law to construct professionally-justifiable solutions to identified issues. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The principles and values of justice and ethical practices in lawyers' roles;
d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
e. Contemporary developments in law and its professional practice. (1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1)
Teaching and learning strategies
Strategy 1: Student preparation
Students complete essential readings and undertake independent research of legislative provisions, cases and articles relating to the topics to be covered prior to each discussion week. The Program (below) provides subject sources that students should read and reflect upon. A short list of readings is given at the beginning of each topic and additional references for further reading are provided on Canvas. Preparation enables students to engage in online discussion and to ask questions of their peers and the lecturer.
Strategy 2: Online discussion
Online discussion is a powerful part of the learning process in this subject. 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.
Seminar discussion is open. Each student participates by sharing their reflections on seminar topics, answering and asking questions, and responding to and debating with their peers’ views and interpretations. Students are especially encouraged to initiate discussion of current developments with the class. Students also engage in independent research and reflection following up on topics discussed online and, in this way, integrate their learning in each topic. Participating in this way allows students to test their understanding of the topics, build upon their prior learning and practise their communication skills.
Participating in online seminar discussions provides students with an opportunity to build on their experience and independent study by critically exploring, analysing and reflecting on a range of relevant issues to develop and evaluate their own policy and regulatory positions. Students will gain valuable feedback from their colleagues and the teacher and at the same time develop a sense that solutions can be discerned by collaborative exchanges.
Strategy 3: Independent research, reflection and feedback
Engaging with the research process requires students to investigate, evaluate, justify and apply a research methodology. This facilitates logical, original, persuasive and complex arguments in response to their research question. Students choose a research question based on an area of interest that addresses a legal or policy issue related to child law. Students develop and practise their research methodology skills by preparing a research plan that supports the development of logical, original, persuasive and complex arguments in response to their research question.
Strategy 4: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Students receive early and ongoing feedback on their preparation and participation in seminars from the teacher and also from peers who respond to their contributions.
Early no stakes feedback on students understanding of the subject and its requirements is provided in writing on receipt of students emails setting out and seeking approval for their proposed research inquiry. Additionally, students are invited to email the teacher seeking feedback on their progress at any time during the session.
Formative feedback is provided on students’ seminar participation and on students’ performance in the research proposal and research essay. Feedback is also gained through student’s own reflection on their performance with reference to the subject objectives and assessment criteria.
Subject Delivery
This subject will be delivered online.
Content (topics)
Topic 1: Introduction – Children, Young People and Australian Law
Topic 2: Children’s Rights
Topic 3: Children's Development and the Impact of Family Trauma on a child's capacity to influence on the legal process
Topic 4: Child Protection: Aboriginal and Torres Strait Islander Children
Topic 5: The Links between Child Welfare and Juvenile Justice
Topic 6: Child Protection Laws in NSW
Topic 7: Juvenile Justice – diversion
Topic 8: Children in Court – representation, as witnesses and as participants
Topic 9: Children in the Family Court
Topic 10: Medical Treatment for Children
Assessment
Assessment task 1: Online Class Participation
| Intent: | Students 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. |
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| 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: 1.1 and 3.1 |
| Weight: | 20% |
| Length: | Minimum of 1500 words – see Further Information |
| Criteria: |
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Assessment task 2: Research proposal
| Intent: | Completing this assessment task ensures that students begin to consider their Research essay at an early stage and receive feedback on their proposed question and approach. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1 and 4.1 |
| Weight: | 20% |
| Length: | 1,000 Words |
| Criteria: |
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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. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 4.1 |
| Weight: | 60% |
| Length: | 4000 words |
| Criteria: |
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Required texts
Geoff Monahan, Lisa Young and Mary Kenny (eds), Children and the law in Australia (LexisNexis, 2nd ed, 2016)
Recommended texts
- Geoff Monahan and Lisa Young, Family Law in Australia (Butterworths, 6th ed, 2006)
- Chris Cunneen and Rob White, Juvenile Justice: Youth and Crime in Australia (Oxford, 2011)
- Allan Borowski and Ian O’Connor (eds), Juvenile Crime, Justice and Corrections (Longman 1997)