In Child Law students study the law and the social context of the law as it impacts upon children. It builds a foundation for the study of specific laws (child protection, and juvenile justice law) by exploring human rights, social and legal perspectives. It considers broader legal and social issues that affect children, including:
1. When children are considered capable of making legal decisions (legal capacity);
2. International and human rights law applicable to children in Australia;
3. The nature of inter-professional collaboration on behalf of children in varied legal contexts.
4. Children's interaction with legal processes.
5. Differential impact of laws on certain groups of children, such as Aboriginal and Torres Strait Islander children.
Not currently offered.
This Course was last offered in Semester 2 - 2020.
On successful completion of the course students will be able to:
1. Identify and discuss the elements of a children's rights perspective and critically analyse the role of law and the limits of the domestic legislative framework from this perspective;
2. Demonstrate and apply advanced knowledge, understanding and analysis of criminal and child protection law, policy and process including in relation to problem-scenarios concerning children;
3. Critically reflect upon and demonstrate understanding of interdisciplinary and holistic responses to children and young people's legal issues, and the ability to apply these in a team context;
4. Demonstrate advanced capacities in locating and using primary and secondary sources and in developing a sophisticated argument about approaches and legal practice to issues affecting children and young people;
5. Demonstrate advanced communication skills to solve problems and justify conclusions and professional decisions on key legal issues affecting children and young people to specialist and non-specialist audiences.
The topics in this course include the following:
- International Law and Human Rights of Children
- Children, legal capacity and participation in the Legal Process
- Medical treatment for children
- The right to education
- Juvenile justice and the age of criminal responsibility
- Indigenous and Torres Strait Islander children and the Stolen Generation
- Child protection laws and migration policies
Interprofessional practice in legal contexts.
This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program, or in a Bachelor of Laws (Honours) combined program.
LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method II
LAWS6002A Torts Part A, or LAWS6120 Torts I
LAWS6002B Torts Part B, or LAWS6121 Torts II
LAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & Procedure
LAWS6004A Contracts Part A, or LAWS6140 Contracts I
LAWS6004B Contracts Part B, or LAWS6141 Contracts II
Written Assignment: Written Assignment - Letter of Advice
Quiz: Onlien Quizzes
Presentation: Team Project - Class presentations
Proposal / Plan: Research Proposal
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.