In 2023, Dandenong opened a new specialist Children’s Court designed to improve justice outcomes for young people in Melbourne’s south-east. Our lawyers at South-East Monash Legal Service have been working at the court as duty lawyers, and we’d like to share some of our observations into how the stand-alone kids court is providing better outcomes for our young clients.
Why should a Children’s Court operate differently?
When young people come in contact with the justice system, it’s often because they’re unaware of their rights and responsibilities as members of our community. Should the justice system respond too harshly or punitively, the outcomes for young people can be worse. Early interactions with the justice system can have life-long impacts on young people. It’s important that we ensure that young people’s interactions with the justice system are suited to their needs and prevent future problems from escalating – that’s why the stand-alone Children’s Court was developed.
The standalone Children’s Court provides numerous benefits for young people engaged with the legal system. The court is specifically equipped to handle youth-related issues, focusing on rehabilitation over punishment. This approach helps prevent young people from becoming ingrained within the criminal justice system. It also helps young people avoid the stress of the Magistrates Court and prevents them from becoming desensitised to the justice system.
What are the differences between adult court and the dedicated Children’s Court?
There are a few key differences between the dedicated Children’s Court and the Magistrates Court, which sees adult matters. Our work in the Children’s Court focuses more on therapeutic outcomes rather than adversarial proceedings. The emphasis is on ensuring the best outcomes for young people, rather than following strict court procedures, requiring our duty lawyers to adapt their approach accordingly.
Proceedings at the Children’s Court tend to move more slowly than the Magistrate’s Court. This helps ensure that young people are informed, comfortable, and that their best interests are cared for. There are fewer formalities in the Children’s Court. The court never asks young people to stand for the judge. Young people are also called by their first names, rather than titles like Mr., Ms., or Master. The Children’s Court takes proactive measures to humanise children in the eyes of the legal system. For example, to prevent stigma and bias, children aren’t labelled as “respondents” or “applicants” in submissions.
Collaboration is key to improving outcomes
One of the most striking aspects of the Children’s Court is the number of stakeholders involved in each matter. We regularly engage with schools, child protection services, parents, friends, and various support services such as counsellors. This collaborative approach ensures that decisions are made with a comprehensive understanding of each child’s circumstances.
Through the Children’s Court, we learn about the issues young people face, and how that intersects with the law. We’ve seen a number of matters regarding social media and cyberbullying. We often encounter cases involving cyber stalking, misuse of social media, and the sharing of explicit content. These situations are further complicated by young people’s limited understanding of the serious consequences of their online actions.
For a few years now, we’ve been educating kids about these issues through our Sporting Change program. By ensuring that the justice system and court processes are designed to help young people have better life outcomes, we can help ensure that education and engagement are prioritised over punitive measures.
Better interactions with the justice system for kids
The court’s expertise in managing school safety plans often provides alternative solutions to intervention orders, particularly within school boundaries. This practical approach demonstrates the court’s commitment to finding appropriate solutions that work within young people’s daily lives.
The Dandenong Children’s Court represents a vital component of our justice system. Its focus on rehabilitation, understanding, and the best interests of children provides a model for how our legal system can better serve young people in contact with the law.
