92. Data gaps relating to child deaths, self-harm deaths and hospitalisations
resulting from intentional self-harm should be considered as part of the
national children’s data framework referred to in Recommendation 10
above.
3.4
Respect for the views of the child
93. The NCC has held consultations with over 28,000 children since 2013. Each
consultation has provided an invaluable opportunity to hear directly from
children about the issues that affect them, what is most important to
them, as well as the extent to which they know about children’s rights.
94. There has been a trend over the past decade of creating mechanisms for
the participation of children in a variety of contexts. For example, child
protection legislation in Australian jurisdictions supports involving children
in decision-making to the extent that their age and maturity allows.68 At the
policy development level, governments can engage with children through
schools, youth advisory boards, youth parliaments and forums.
95. A number of submissions to the NCC in 2018 called for more opportunities
for children’s voices to be heard—especially in the context of the family
court, on custody and related matters.69
96. Children shared insights with the NCC about how their experiences had
impacted on their safety, relationships and self-esteem. They emphasised
the importance of improving the system’s capacity to provide children with
relevant information and allow them to participate in meaningful ways.
Similar views were reflected in a 2018 AIFS research report on children and
young people in separated families.70
97. Despite the key role that family consultants and Independent Children’s
Lawyers play in relaying children’s views to the Family Court, the
Commission has concerns about whether they are sufficiently childcentred. An AIFS study revealed diverse practices among Independent
Children’s Lawyers in terms of engagement with children. Some do not
have contact with children and prefer to rely on other information such as
expert reports.71
98. Further, the Family Law Act does not extend to considering the views of
children in non-contested matters. In the sections of the Family Law Act
that refer to ‘non-court based family services’, there is no obligation for the
child’s views to be considered.
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