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A Study of the use of Section 106a of the Children and Young Persons (Care and Protection) Act 1998 in the New South\Wales Children's Court

Published online by Cambridge University Press:  21 March 2017

Frank Ainsworth  and
Patricia Hansen
Frank Ainsworth*
Affiliation:
School of Social Work and Human Services, James Cook University, Townsville campus, Townsville, Queensland, 4811, Australia
Patricia Hansen
Affiliation:
Hansen Legal, Parramatta, NSW, 2150, Australia Australian Catholic University, Sydney, NSW, 2135, Australia
*
Addresses for correspondence: Dr Frank Ainsworth, Senior Principal Research Fellow (Adjunct), School of Social Work and Community Welfare, James Cook University, Townsville campus, Queensland 4811. E-mail: [email protected].
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Abstract

This study examines the use of section 106A of the Children and Young Persons (Care and Protection) Act 1998 in the New South Wales in Children's Court. Section 106A was inserted into the Act by way of an amendment in November 2006. This amendment establishes that if a child has previously been removed from parental care and not restored to the parents, then that is prima facie evidence that any subsequent child born to these parents is in need of care and protection and can be subject to removal. The parents must then rebut this evidence if they are to recover or retain custody of the new born child. To date, no data exists about the use of this section of the Act, hence this study. The only significant finding was that if section 106A was cited in Court documents, then restoration of a child to family is less likely. The analysis did not show any significant relationship between Aboriginality and any of the other variables in the study.

Keywords

motivationresearch designdata collectiondata analysis
Type
PART B: Issue 3 papers: Articles
Information
Children Australia , Volume 42 , Issue 3 , September 2017 , pp. 198 - 204
Copyright
Copyright © The Author(s) 2017 

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References

Ainsworth, F., & Hansen, P. (2008). Children in out-of-home care. What drives the increase in admissions and how to make a change? Children Australia, 33 (4), 13–19.Google Scholar
Ainsworth, F., & Hansen, P. (2010). Confidentiality in child protection. Who Benefits? Children Australia, 35 (3), 11–17.CrossRefGoogle Scholar
Australian Institute of Health and Welfare (2016). Child protection Australia 2014–15. Canberra.Google Scholar
Bayne, P. (2003). Uniform evidence law. Sydney: Federation Press.Google Scholar
Bywaters, P., Bunning, L., Davidson, G., Hanratty, J., Mason, W., McCartan, C., & Steils, N. (2016). The relationship between poverty, child abuse and neglect: An evidence based review. York: Joseph Rowntree Foundation.Google Scholar
Ghate, D., & Hazel, N. (2002). Parenting in poor environments. Stress, support and coping. London: Jessica Kingsley.Google Scholar
Hansen, P. (2012). Rescission or variation of children's court orders: A study of section 90 applications in NSW. Children Australia, 37 (2), 69–75.CrossRefGoogle Scholar
Matter of JR (2015). 2/11/15 unreported, crompton CM. Parramatta Children's Court.Google Scholar
Miller, W. R., & Rollnick, S. (1991). Motivational interviewing: Preparing people to change addictive behaviour. New York: Guilford Press.Google Scholar
NSW. Children and young persons (care and protection) act 1998/. Statutes.Google Scholar
Pallant, J. (2013). SPSS survival guide (5th ed.). London: Allen and Unwin.Google Scholar
Parkinson, P. (1987). Review of the children (care and protection) act 1987. Sydney: Department of Community Services.Google Scholar
Pollack, D., Eisenberg, K., & Sundarsingh, A. (2012). Foster care as a mitigating circumstance in criminal proceedings. Temple Political and Civil Rights Law Review, 22, 45–67.Google Scholar
Prochaska, J. O., DiCemente, C. C., & Norcross, J. C. (1992). A search of how people change. Application to addictive behaviour. American Psychologist, 47, 1114–1202.CrossRefGoogle Scholar
Re Adam and Michael (2004). St. James children's court, Truscott CM. Children's Law News, 3.Google Scholar
Re Alistair (2006). NSWSC, 411, Children's Court News, 5.Google Scholar
Re O and N (minors) (FC), In Re B (minor) (2003). (FC), HL (Case: Preliminary Hearing) UKHL18; In Re H and R (minors) Sexual abuse standard of proof [1996] AC 563.Google Scholar
Sarantakos, S. (2005). Social research (3rd ed.). London: Palgrave.CrossRefGoogle Scholar
SB v Parramatta Children's Court (2007). NSWSC 1297. Children's Court News, 7.Google Scholar
Weatherburn, D., & Lind, B. (2001). Delinquency prone communities. Cambridge: Cambridge University Press.Google Scholar