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Children's Court of Victoria Annual Report 2019-20

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Children's Court of Victoria Annual Report 2019-20 Children’s Court of Victoria Annual Report 2019-20 About the Children’s Court Acknowledgment The Children’s Court of Victoria acknowledges The Children’s Court of Victoria the Aboriginal and Torres Strait Islander people is a fair, accessible and specialist court as the Traditional Custodians of the land. dealing with cases involving children We also acknowledge and pay respect to their and young people. Elders, past, present and emerging. In its Family Division it hears applications relating to the protection and care of children and young people at risk, and applications for intervention orders. In its Criminal Division it hears matters relating to criminal offending by children and young people. Judicial officers bring legal expertise and experience to the consideration of matters involving children, young people and their families. Court processes are effective, equitable and clear. Our workforce is highly professional and committed. OUR CULTURE The Marram-Ngala Ganbu possum skin cloak. The culture of the Court is characterised by judicial officers who encourage parties to resolve matters in a way that is collaborative and respectful and, where possible, utilising less adversarial processes. The Court’s judiciary exercise proper control of the legal and court process. Resources are allocated to cases commensurate to their complexity. The relationship between the judiciary and court staff is one of mutual regard and respect. Judicial officers and senior managers are partners in building the Court’s reputation as a high performing, innovative and respected jurisdiction in the State’s court hierarchy. We aim to work collaboratively and cooperatively with all those who interact with the Court. This includes Court Services Victoria, other jurisdictions, government and non-government agencies and service providers. Statement of Priorities 2019-2021 Towards our Vision Our vision is for all Victorians to have consistent access to a specialist, independent Children’s Court where cases involving children and young people are heard in safe and culturally appropriate environments. 2012-2013 2017 • Children’s Court of Victoria established • Fast Track Remand Court as a separate entity • Statewide expansion of Youth • Conferencing model introduced Diversion program 2014-2015 2018 • Court Services Victoria established • Youth Justice Reforms: • Education Justice Initiative > Intensive Bail Support Program • Family Drug Treatment Court introduced > Youth Control Orders • Family Division Complex opened at Broadmeadows > Changes to Serious Youth Offences • Youth Diversion Pilot Program • Melbourne Children’s Court building works: > Cubby House 2016 > Child-friendly spaces > Safety improvements • Docketing Initiative • Marram-Ngala Ganbu, Koori Family Hearing Day at Broadmeadows • CYFA Permanency Amendments • Submission - Royal Commission into Family Violence • Family Law Council’s Inquiry into Families with Complex Needs 2019-2020 • Victorian Parliamentary Inquiry into the CYFA • Statewide specialist capability Permanency Amendments > Planning and design of metropolitan Attorney General’s Access • Specialist Children’s Court in to Justice Review Dandenong (to open 2022) > Planning and design of first Victorian regional Specialist Children’s Court OUR FIVE STRATEGIC PRIORITIES as part of the Bendigo Court project (to open 2023) PRIORITY 1 PRIORITY 4 > Planning for Marram-Ngala Ganbu User-centric design Enhanced public expansion to Shepparton and team-based and professional practice sector engagement • Service Reform Project > Phase 1 - judicial support reform PRIORITY 2 PRIORITY 5 COVID-19 response Greater statewide Increased capacity • specialist capability for growth to meet > transitioned to online hearings, the demands online conciliation conferencing, PRIORITY 3 of system reform support and registry services Culture and practices that are outcome and evidence-based Annual Report 2019-20 1 CONTENTS In accordance with section 514 of the Children, REPORTS 4 Youth and Families Act 2005, I have much pleasure Report of the President 5 in submitting the Children’s Court of Victoria CEO’s Message 10 Annual Report for the year 2019–20. COVID-19 Response and Transformation 12 The report covers the Court’s operation and performance, and provides information on our activities and HIGHLIGHTS 14 achievements during the reporting period. The Year at a Glance 15 CRIMINAL DIVISION 17 Yours sincerely Fast Track Remand Court 23 Judge Amanda Chambers Serious Youth Offences Reform 24 President, Children's Court of Victoria Children’s Koori Court 25 Sexual Offences List (Melbourne) 26 Youth Diversion Program 26 Group Conferencing 27 Education Justice Initiative 28 Mental Health Advice and Response Service 29 FAMILY DIVISION 31 Family Drug Treatment Court 38 Marram-Ngala Ganbu 41 Court Support Coordinator 43 Conciliation Conferences 44 Family Violence 46 Children’s Court Clinic 50 CAYPINS 53 PRIORITY PROJECTS AND REFORM 54 Case Management System 55 New Specialist facility in Melbourne 56 Specialist Children’s Court for Dandenong 57 Moorabbin Redevelopment 57 Bendigo Court 58 Service Reform Project 58 Sudanese Cultural Support Guide Program 58 Multi-disciplinary Training 59 COURT AND COMMUNITY 60 Law Week 2020 61 Tours and Information Sessions 61 Professional Training Sessions 62 CPD Seminars 62 Our Judiciary 64 Court Locations 65 Annual Report 2019-20 3 REPORTS 4 Children’s Court of Victoria Report of the President Judge Amanda Chambers As we approached 2020, nobody could have foreseen that the Children’s Court, like others, would need to respond to the challenges of delivering justice in the midst of a pandemic that has altered every aspect of our working and private lives. With the announcement of restrictions to prevent the transmission of coronavirus (COVID-19), the Court needed to make significant changes to the way in which we operate. As a specialist Court that serves the community with a focus on children, youth and families, we had to be vigilant to ensure that pragmatic solutions did not interfere with important legal protections afforded to the most vulnerable. The Children’s Court, as an essential service, has continued to operate. There were, of necessity, limitations on what we were able to do. This required the Court to balance the health, safety and wellbeing of all participants whilst prioritising the protection “ Between February and of liberties and matters requiring urgent decisions, such as the June 2020, we dealt placement of at-risk children. Under Stage 3 restrictions, we continued hearing all bail and with 340 new remands remand applications for young people and the operations and determined 185 of the Fast Track Remand Court continued unchanged, with young people appearing in court by audio-visual link. Between February bail applications at the and June 2020, we dealt with 340 new remands and determined 185 bail applications at the Melbourne Children’s Court alone, Melbourne Children’s all by audio-visual link. We also prioritised plea hearings and the Court alone, all by sentencing of children held in custody. The Children’s Court Clinic continued to undertake clinical assessments of children in custody audio-visual link. We also by audio-visual link. All other Criminal Division cases where children prioritised plea hearings were on bail or charged on summons were adjourned on the papers. The diversion of young, often first-time offenders continued, also and the sentencing of on the papers, without requiring the attendance of the child at court; children held in custody.” in fact, a more effective ‘diversion’ from the justice system. For the protection of our Elders and Respected Persons, whose role is fundamental to the sentencing conversation that gives the Children’s Koori Court its strength, the Court suspended all Children’s Koori Court sittings. Annual Report 2019-20 5 In child protection matters, the Court prioritised the safety of the most vulnerable children: those removed from the care of a parent due to protective concerns and children who might be placed on an order to a secure welfare service because of a substantial and immediate risk of harm. The Family Drug Treatment Court and its team continued to engage with participants online. The Court’s non-adversarial dispute resolution processes continued online. Between April and 30 June 2020, over 4800 people participated in remotely-conducted conciliation conferences, resolving up to 40% of disputed child protection applications. Urgent applications for family violence intervention orders, “ Perhaps the greatest – particularly in high-risk situations, were prioritised and heard and most pressing – by the Court. Our Court Support Coordinators and Family Violence Registrars continued to provide support, information challenge for the and referrals for victims of family violence. Children’s Court in In previous years, I have highlighted the collaborative work of the responding to the crisis Children’s Court with other agencies and community organisations. Over the past months, time and time again I have seen the enduring was to develop online benefits of working co-operatively to meet the challenges caused access to court by COVID-19. Difficult issues that have arisen have been readily resolved by the collective efforts of the Court, its judiciary and staff, proceedings in both Youth Justice, Victoria Police and its specialist prosecutors, DHHS its Criminal and and child protection practitioners, Child Protection Litigation Office, legal practitioners, Victoria Legal
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