NCJ Number
83466
Date Published
1981
Length
15 pages
Annotation
This discussion of selected aspects of Australian child welfare laws focuses on age limits of criminal responsibility, court diversion of juveniles, and special police juvenile units.
Abstract
In three Australian jurisdictions, the age of criminal responsibility is seven; in two it is eight, and in three it is ten. In four jurisdictions, the upper limit of the children's court jurisdiction is 17, and in four it is 18. The setting of a minimum age of criminal responsibility creates problems when a child under that age commits an act which would be criminal were it committed by someone over that age. A solution regularly used in Australia is to make such a child the subject of noncriminal proceedings as a child 'in need of care.' Australian procedures are flexible enough to permit juvenile offenders to be dealt with by adult courts if this is considered appropriate. In South and Western Australia, juveniles can be diverted from juvenile court to Children's Aid Panels, which involves a panel consisting of a police officer and a member of the Department for Community Welfare conversing informally with the child and his/her parents or guardian to determine the best approach for dealing with the child's misbehavior. Children coming before the panel do so voluntarily under admission that they committed the act in question. The juvenile aid bureau, a special unit of some Australian police forces, focuses on patroling areas frequented by juveniles; screens juveniles to determine whether to provide a warning, counseling, or prosecution; and provides advice and assistance to children and their parents. Thirty-two footnotes are provided.