4. FAMILY DIVISION - GENERAL CONTENTS 4.1 The Child Protection Service [‘DFFH’] 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.1.6 Functions of the Child Protection Service Duty of care of the Child Protection Service Principles governing decision-making by the Child Protection Service Voluntary intervention Statutory intervention The Child Protection Service as a model litigant 4.2 Role of the Children’s Court in Child Protection in Victoria 4.3 Jurisdiction of Family Division 4.3.1 4.3.2 Jurisdiction under the CYFA Whether jurisdiction under the Family Law Act 1975 (Cth) [as amended] 4.4 Definitions of ‘child’ & 'parent' 4.5 Parental responsibility & contact 4.5.1 4.5.2 4.5.3 4.5.4 4.6 Protective intervention reports [previously termed “Notifications”] 4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.7 Obligation to afford child a fair hearing Models of child representation Child usually represented if aged 10 years or more Represent’n of child under 10 or not mature enough to give instructions Representing more than one child in a proceeding Child representation in Children's Court and Family Court compared Recommendations by Australian Law Reform Commission Recommendations by Victorian Law Reform Commission Recommendations by the “Cummins Inquiry” Representation of child who is not respondent or applicant under FVPA Conduct of proceedings in Family Division 4.8.1 4.8.2 4.8.3 4.8.4 4.8.5 4.8.6 4.9 Anonymity of protective intervention reporter [notifier] Mandatory protective intervention report Child protection reports by report source – 1999-2000 & 2007-2010 Trends in child protection reports 1989-1990 to 2012-2013 Australian rate of reports of alleged child abuse Representation of children in the Family Division of the Court 4.7.1 4.7.2 4.7.3 4.7.4 4.7.5 4.7.6 4.7.7 4.7.8 4.7.9 4.7.10 4.8 Parental responsibility – Major long-term issue Where carer may exercise parental responsibility Contact Terms used in the Family Law Act Informal procedure Court may inform itself as it thinks fit - Rules of evidence not mandatory Impact of the “best interests” principle on the Court’s procedure Findings on balance of probabilities Expert evidence Attendance of child at Court Family Division Court hearings 4.9.1 4.9.2 4.9.3 4.9.4 4.9.4A 4.9.5 4.9.6 Apprehension – Hearing after child placed in emergency care Mention Conciliation First directions hearing & Directions hearing preceding a contest Readiness hearings Contested hearing Marram-Ngala Ganbu Program Produced by former Magistrate Peter Power for the Children's Court of Victoria Last updated 18 February 2022 4.1 Produced by former Magistrate Peter Power for the Children's Court of Victoria Last updated 18 February 2022 4.2 4. FAMILY DIVISION - GENERAL CONTENTS [continued] 4.10 Alternative Dispute Resolution 4.10.1 Conciliation Conferences 4.10.2 Jurisdiction & Purpose of CC 4.10.3 Convenor 4.10.4 Repeal of advisory conference provisions 4.10.5 Attendance at CC 4.10.6 Guidelines & Procedure 4.10.7 Reports & Confidentiality 4.10.8 Court orders 4.10.9 Statistics 4.10.10 Judicial Resolution Conferences 4.11 Children's Court & Family Court compared & contrasted 4.11.1 4.11.2 4.11.3 4.11.4 4.11.5 Public law versus private law Responsibilities and obligations of the Family Court to children Notification by the Family Court to State welfare authorities Representation of children Priority of orders 4.12 Relationship between attachment and child's emotional wellbeing 4.13 Shared care of a young child 4.14 Frequency of contact between young child and parent 4.14.1 4.14.2 4.14.3 4.14.4 “Baby on Board” and research cited therein Case law American judicial guidelines 2009 Contact conditions are an integral part of a court order 4.15 Cumulative harm 4.16 Effect on child of separation from primary attachment figure 4.17 Family Drug Treatment Court 4.18 Some other relevant papers "What is learned in childhood is engraved in stone." Mary McAleese (President of Ireland – Belfast, August 2006) 4.1 The Child Protection Service [‘DFFH’] Most Victorian children and young people are adequately cared for and nurtured by their family. It is only when parents or caregivers are unable or unwilling to protect children against significant harm that the Child Protection Service of the Victorian Government's Department of Families, Fairness and Housing ('DFFH’ or ‘the Department') – formerly called the Department of Health & Human Services ('DHHS') or the Department of Human Services (‘

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