Legal

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Good Morning Mrs. Van Vlimmeren and respected peers. According to the Family Act of 1975, it defines ‘Family Violence’ as any action or threat of violence by one family member against another, including anyone witnessing that action or threat, which causes fear or apprehension about personal safety. In today's society the care and protection of children has been at a vital risk, Although this morning I will be evaluating and demonstrating in response to the idea that the legal and nonlegal mechanisms have been effective in achieving just outcomes for families when it comes to the care and protection of children as the two Mechanisms have a common thread in working towards the just outcomes for families in the care and protection of children.

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In recent years, children that are apart of families are not adequately treated carefully or fairly and as a result, some children become victims of Child Abuse from their parents or Guardians. This is identified as child abuse refers to assault or sexual assault and any form of harm that results in the ill-treatment of that individual's well-being. This staggering and unlawful point can be exemplified in the Australian Institute of Health and Welfare’s Child Protection Statistics between 2008 to 2009 Which show that 8.4 children in every thousand children are in and out of home care in New South Wales alone. In response to this Unjust act, the legal response in New South Wales generated an awareness for the care and protection of children. This can be indicated in the Children and Young Persons (Care and Protection) Act of 1998 was amended to tailor and counter the benefit the child’s well-being This legislation shows that ‘it is an offence to abuse a child’ which is quote broad it’s its definition, although it enables children to have the best interests of their well being

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Another key point is and I quote; “The protection of the child is the paramount concern”. This legislation is formerly effective in achieving just outcomes for the care and protection of children which demonstrates that this extrapolated legislation is effective in its aims and outcomes. To contribute to the findings of this amended legislation, I have extensively researched to reach for a case which demonstrates the heights in which this legal mechanism proves its aims. The-Case of “DJ”. For the purposes of the case and privacy, DJ’s name was never revealed. Although DJ was thirteen years old and was seen being exposed to neglect and violence from her care givers or her parents and she was suspected to being around drugs and violence from her parents. Due to the provisions and outcomes of the Care and Protection Act DJ was a prime example of how the Legal and Nonlegal mechanisms can in some cases intertwines she was then referred to the educational advocacy service by a Specialist Foster Care Non Legal Care and Protection Agency dueto the Children and Protection Act.

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Subsequentlydue to the gravity of the care from the Foster Institution, DJ was placed in anew home with new caregivers and she found a new school and reports from afterthe case found that DJ was settling into a new school and environment, althoughdue to the abuse and neglect she was reported to find learning and academicintervention difficult after the suspected 9 years of abuse. This casedemonstrates that this legislation from the Legal Mechanism, is accessible andthat it protects individuals rights as seen with DJ and it is enforceability isquite reliable as DJ was sent into safe hands with the resource and help fromthe Non-Government Organisation. As a result, this example shows that the Legalresponses are very effective and efficient in enforcing rights and with thehelp of Non-Governmental Mechanisms the two can work in unity as they highlightthat this legislation is effective in achieving just outcomes for the care andprotection of children.

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There are some quite diligent and effective Legal Mechanisms in the Legal System of New South Wales. Although, since the year of 2007, the term “Keep them Safe” is the NSW Government’s response towards the Wood Special Commissioner of the inquiry to the Children Protection Services in NSW. The Wood Inquiry was a very effective and stable Fund, which saw the NSW Government Fund $750 Million Dollars into the Government and Non-Government Organisations around NSW, in its aims to and I quote; ‘Enhance prevention and early Intervention Services, and ‘Enhance Family Preservation’.Finally on this point, the statistics from this initiative have seen more than 40% of the package go towards the Non-Government Organisations which highly reflects that the Government are providing welfare and are becoming involved in the Non-Legal Mechanisms to Keep the Children Safe in Households of Abuse and Neglect. Non-Government Organisations are effective in its aims to provide just outcomes for children in families. Although even though they lack enforcement and only care moral persuasion, Non-Government Organisations raise awareness,inequity and injustice. An example of a Non-Government Organisation is the ‘Child Well being Units’. Child Well being Units were established in Four Different Government departments and were formerly operational in the year 2010 on the 24th. The units are that enable the protection of children are; NSW Department of Health, NSW Police Force,Department of Education and Training and the Department of Human Service. To explain, these Services, report the the Child Well being Unit, on reports for children that may be at risk of child abuse and neglect, as the aims of the CWU state; “Assistance in assessing the level of risk to the child” and “Provide support to the Departments on how to assist towards the child suffering abuse and neglect. This Non-Legal Mechanism is very effective in achieving just outcomes for children in support of their neglect, this can be seen in the staggering statistics that were recorded from the ‘Australian Institute of Criminology’. They recorded that in the years of 2012 to 2013, there were just under 50,000 total contacts regarding children’s reports of harm and violence.This statistic shows that the Non-Government Organisation is widely accessible to the Departments and is widely effective in Protecting the children’s rights,as the Organisation is reaching the children and protecting them from neglect and abuse. Furthermore, this referenced Non-Government Organisation is a prime example of how although the Non-Government Mechanisms cannot effectively enforce rights of children, and how it enables other government departments to help children, with the accessibility and reliability of this effective Non-Government Mechanism and initiative in achieving just outcomes for the care and protection of children in families.

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An example of a Non-Government Organisation is the ‘Child Well being Units’. Child Well being Units were established in Four Different Government departments and were formerly operational in the year 2010 on the 24th. The units are that enable the protection of children are; NSW Department of Health, NSW Police Force,Department of Education and Training and the Department of Human Service. To explain, these Services, report the the Child Well being Unit, on reports for children that may be at risk of child abuse and neglect, as the aims of the CWU state; “Assistance in assessing the level of risk to the child” and “Provide support to the Departments on how to assist towards the child suffering abuse and neglect. This Non-Legal Mechanism is very effective in achieving just outcomes for children in support of their neglect, this can be seen in the staggering statistics that were recorded from the ‘Australian Institute of Criminology’. They recorded that in the years of 2012 to 2013, there were just under 50,000 total contacts regarding children’s reports of harm and violence.This statistic shows that the Non-Government Organisation is widely accessible to the Departments and is widely effective in Protecting the children’s rights,as the Organisation is reaching the children and protecting them from neglect and abuse. Furthermore, this referenced Non-Government Organisation is a prime example of how although the Non-Government Mechanisms cannot effectively enforce rights of children, and how it enables other government departments to help children, with the accessibility and reliability of this effective Non-Government Mechanism and initiative in achieving just outcomes for the care and protection of children in families.

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Child Well being units were established in Four Different Government departments and were formerly operational in the year 2010 on the 24th. The units are that enable the protection of children are; NSW Department of Health, NSW Police Force,Department of Education and Training and the Department of Human Service. To explain, these Services, report the the Child Well being Unit, on reports for children that may be at risk of child abuse and neglect, as the aims of the CWU state; “Assistance in assessing the level of risk to the child” and “Providesupport to the Departments on how to assist towards the child suffering abuse and neglect. This Non-Legal Mechanism is very effective in achieving just outcomes for children in support of their neglect, this can be seen in the staggering statistics that were recorded from the ‘Australian Institute of Criminology’. They recorded that in the years of 2012 to 2013, there were just under 50,000 total contacts regarding children’s reports of harm and violence.This statistic shows that the Non-Government Organisation is widely accessible to the Departments and is widely effective in Protecting the children’s rights,as the Organisation is reaching the children and protecting them from neglect and abuse.

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Furthermore, this referenced Non-Government Organisation is a prime example of how although the Non-Government Mechanisms cannot effectively enforce rights of children, and how it enables other government departments to help children, with the accessibility and reliability of this effective Non-Government Mechanism and initiative in achieving just outcomes for the care and protection of children in families.

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With the accessibility and reliability of this effective Non-Government Mechanism and initiative in achieving just outcomes for the care and protection of children in families. Today Ihave shown that the Legal and Non-Legal responses are effective in achievingjust outcomes for the care and protection of children in regard to ChildNeglect and Abuse. As Subsequently, the Legal Mechanisms are compelling intheir enforceability and equity and with the common thread and unity, thedemonstrated Non-Legal Responses are direct in achieving their just outcomes with their moral code and wide recognized accessibility. With some insight for the years to come, all we can hope is a Utopian society, where child abuse and neglect is put to a stop and any form of it is reported immediately, but until-that moment in time, let us acknowledge that the Legal and Non Legal Instruments are powerful in achieving just outcomes for the children in families when it comes to the monstrosities of neglect and abuse, as this form of violence is dynamic and is ever growing and rapidly changing in our society.Thank you.

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