76066 Children and the Law
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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 2025 is available in the Archives.
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 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 coherent knowledge of the principles of law and procedure relating to children and young people; |
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| 2. | engage in discussion and critical analysis of the laws, policies and practices applicable to children and young people in a culturally diverse and increasingly globalised context; |
| 3. | apply ethical thinking and awareness to issues arising in the area of children and the law; |
| 4. | contribute to a community of practice by presenting informed viewpoints and the outcomes of independent research to peers; |
| 5. | undertake research in an area of children and the law of personal interest, critically examining and evaluating the theoretical, social and political context of the relevant law to construct 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
A coherent understanding of fundamental areas 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 impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.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 seminar.
The program below provides details of the topics that are explored and discussed online each week.
Details of readings and additional materials are set out in the topic modules 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 children and the law.
Online discussion is free form and takes places each week on Canvas. Students may post questions or responses based on the set readings or their own research and experiences. 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, as a result, 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 children and the law. Students develop and practise their research methodology skills by preparing a research plan that supports the development of their arguments in response to the 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 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 children and the 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: LAW.1.1 and LAW.3.1 |
| Weight: | 25% |
| Length: | 1000 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: 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 25% |
| Length: | 1000 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: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 50% |
| Length: | 3000 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
- Lisa Young, Geoff Monahan, Adiva Sifris and Robyn Carroll, Family Law in Australia (LexisNexis, 10th ed, 2021)
- Chris Cunneen and Rob White, Juvenile Justice: Youth and Crime in Australia (Oxford, 5th ed, 2015)