Human Rights Brief No. 1 Practitioner checklist
Human
Rights Brief No. 1
Practitioner checklist - Best
interests of the child
- Concerning
a child?
Does the action or decision complained of affect a child or children
(eg denial of Parenting Payment)?
- Whose actions?
a. If a child is affected, list the relevant actions and decisions and,
for each, identify the decision-maker.
b. Is the decision-maker
covered by CROC (eg Centrelink, police, education department?)
- Best interests
considered?
best interests into account?
b. How were
best interests defined? Were the child's views taken into account
(if the child is capable of forming a view)? Were the parents' views
taken into account?
c. Were the
child's best interests made a primary consideration or the paramount
consideration as relevant?
d. If you are
unable to judge, consider how you might find out.
- Challenging
the decision
a. Raise your concerns with the decision-maker or on review or appeal
(eg at the Social Security Appeals Tribunal or in a bail application).
b. If the decision
breaches the child's rights, explore possible remedies. If the decision-maker
is subject to the Commission's jurisdiction (discretionary decisions of federal
agencies such as Centrelink and DETYA), consider submitting a complaint
(complaints infoline 1300 656 419).
- Specialist
advice
For assistance, contact a specialist youth advocacy or legal centre
or your local legal aid office.
Last
updated 2 December 2001.