Child Protection - Terms of Reference

Review of Victoria's child protection legislative arrangements

Terms of reference

To review Victoria’s child protection legislative and administrative arrangements in relation to Children’s Court processes, and to recommend any procedural, administrative and legislative changes that may minimise disputation and maintain a focus on the best interests of children.

In reviewing the current Victorian arrangements, the Victorian Law Reform Commission should consider models that take a more administrative case management approach to child protection issues. In particular, the Commission should include consideration of the arrangements currently in place in other relevant Australian jurisdictions (including the Family Court) and overseas, including England and Scotland.

In addition to consulting with Victoria’s Children’s Court and the Victorian Departments of Human Services and Justice, the Victorian Law Reform Commission should consult with Victoria Legal Aid and other relevant stakeholders.

In conducting the review, the Victorian Law Reform Commission should have regard to:

  • the underlying aim of the child protection system to protect children in Victoria from abuse and neglect, and the objectives of the best interests principles set out in the Children, Youth and Families Act 2005
  • the processes associated with the application for an order and the review of interim and ongoing disposition orders before the Family Division of the Children’s Court
  • the previous reviews of Victoria’s child protection system, particularly in relation to the models for the Children's Court, and the report of the Government’s Taskforce that will look at measures to immediately reduce court time and bring in less adversarial processes
  • the themes and principles of the Attorney-General's Justice Statement (2004) and Justice Statement 2 (2008), particularly the focus on Appropriate Dispute Resolution and measures to reduce the adversarial nature of the justice system
  • the rights enshrined in Victoria's Charter of Human Rights and Responsibilities Act 2006.

The Commission is to report by 30 June 2010.

Related Project: 
Publication Process: 

Related links

Main menu

Back to top