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Children's Court

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Children's Court

The Children's Court is where most of the Protective Worker's cases are heard. It is where decisions are made about the appropriateness of care and safety of children. Its layout is less formal than courts which hear criminal proceedings, but it is no less important in terms of legislative powers.

The Magistrate in the Children's Court will make a judgment based on all the recommendations and evidence presented. The Magistrate will make a decision about the most appropriate strategy for the care and welfare of the child.

Children are allowed to attend the court. The court appoints a legal representative for the child. The child's support can be a counsellor, a family member, carer or a worker such as a Salvation Army worker. Their role is to support the child and to help with the child's needs on the day e.g. take them to toilet, get a glass of water etc.

The parent(s) also have a legal representative. This representative cannot be the same as the representative acting on the child's behalf. The child protection worker is a representative of the Department of Human Services (DHS) whose role it is to protect children at risk. DHS has an active role in the investigation of the matter. The DHS worker gives this evidence to the Court.

The monitor is the person who assists in recording the proceedings.

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The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.