Part I: Children in Context
Chapter 1: Children and the Law: An Historical Overview
- Introduction
- ‘Childhood’ and history
- The state, law, and childhood
- Inventing childhood: schooling
- The invention of ‘adolescence’
- Stolen generations
- Conclusion
Chapter 2: The Development of Children’s Rights
- Introduction
- Should children have rights?
- What rights do children have?
- Rights-based approach in matters involving children
- Conclusion
Chapter 3: The ‘Child’ In Utero and Ex Utero
- Introduction
- Impact of biomedical innovation
- The law of torts
- Succession and equity and trusts
- Child protection laws
- Criminal law
- Patent law
- Cloning
- Conclusion
Chapter 4: Developmental Science, Child Development and the Law
- Introduction
- A developmental science perspective
- Questions and directions
- Applying this developmental perspective
- Conclusion
Chapter 5: Child Maltreatment
- Introduction
- Defining child maltreatment
- Prevalence and incidence in Australia
- Risks associated with maltreatment
- Adverse impacts on children, adolescents, and adults
- Protective factors and prevention
- Conclusion
Chapter 6: The Child, the Young Person and the Law
- Introduction
- The governmentality approach
- The child
- The ‘adolescent’ young person
- Conclusion
Part II: Children and Public Law Issues
Chapter 7: The Criminal Responsibility of Children
- Introduction
- How the law operates
- Rebutting the presumption
- Criticisms of the presumption
- Conclusion
Chapter 8: Young People and Juvenile Justice
- Introduction
- Legislative framework
- Police
- The children’s court
- Drug courts
- Diversion and restorative justice
- Conclusion
Chapter 9: Protecting Children from Abuse and Neglect
- Introduction
- Historical context
- Legislative and policy framework
- Conclusion
Chapter 10: E-Safety
- Introduction
- Cyber-bullying
- Sexting
- Privacy invasion
- Conclusion
Chapter 11: Migrant and Non-Citizen Children
- Introduction
- Migrant children and the right to family life
- Humanitarian migration
- Immigration enforcement: detention cases
- Access to citizenship
- Conclusion
Chapter 12: Education of Children — Preschool to Secondary Education
- Introduction
- Early childhood education
- Primary and secondary education
- Conclusion
Chapter 13: Aboriginal and Torres Strait Islander Children’s Welfare and Well-being
- Introduction
- Legacy of the past
- Human rights approach to well-being
- Bringing Them Home
- Australian child welfare reform
- NT Intervention/Stronger Futures and cashless welfare
- Case study: Manitoba
- Canadian Human Rights Tribunal decision
- Conclusion
Chapter 14: Compensation for Survivors of Institutional Child Sexual Abuse in Australia
- Introduction
- Statutory limitation periods
- Challenges for claims
- Causes of action in tort
- Australian developments
- Betrayal of Trust report
- Conclusion
Part III: Children and Private Law Issues
Chapter 15: Children and ‘Family Law’
- Introduction
- Statistical background
- Definitions of ‘child’ and ‘parent’
- Rights of children and parental obligations
- Parenting disputes: court vs. private resolution
- Principles for dispute resolution
- Forced marriage
- Financial support
- Conclusion
Chapter 16: Adoption
- Introduction
- Local adoption regulation
- Adoption of known local children
- Consent and discharge of adoption orders
- Access to adoption information
- Intercountry adoption
- Conclusion
Chapter 17: Surrogacy
- Introduction
- Defining surrogacy
- Australian laws and regulation
- Federal family court challenges
- International human rights and surrogacy
- Conclusion
Chapter 18: Medical Treatment
- Introduction
- Children as recipients of duties
- Decision-making and consent
- Capacity and competency
- Parental and judicial roles
- Conclusion
Chapter 19: Civil Liability of Children
- Part A: Contractual Liability
- Common law
- State-specific contracts
- Conclusion
- Part B: Liability in Tort
- Intentional torts
- Negligence
- Contributory negligence
- Conclusion
Chapter 20: Children and Succession
- Introduction
- Wills
- Estates
- Conclusion
Part IV: Children in Court
Chapter 21: Child Witnesses
- Introduction
- Child sexual abuse dynamics
- Law relating to children’s evidence
- Challenges and reforms
- Conclusion
Chapter 22: Legal Representation of Children
- Introduction
- Developments in legal representation
- Models of representation
- Family, protection, and criminal law
- Approaches to competence and communication
- Specialisation and principles
- Conclusion