Convention on the Rights of the Child

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Week 8 Tutorial: Example of the translation of law into child protection practice

Step 1: INTERNATIONAL CONVENTION:

United Nations Convention on the Rights of the Child

Article 3 

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 12 

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Step 2: VICTORIAN LEGISLATION:

Children, Youth and Families Act 2005 (VIC) (CYFA)

Section 10: Best interests principles

    (1)     For the purposes of this Act the best interests of the child must always be paramount. 

    (2)     When determining whether a decision or action is in the best interests of the child, the need to protect the child from harm, to protect his or her rights and to promote his or her development (taking into account his or her age and stage of development) must always be considered. 

    (3)     In addition to subsections (1) and (2), in determining what decision to make or action to take in the best interests of the child, consideration must be given to the following, where they are relevant to the decision or action— 

        (d)     the child‘s views and wishes, if they can be reasonably ascertained, and they should be given such weight as is appropriate in the circumstances; 

Step 3: VICTORIAN GOVERNMENT POLICY:

Victorian Government Department of Human Services (2004)

The Best Interests Framework for Vulnerable Children and Youth.

“To assist professionals to apply these key provisions of the CYFA, a Best Interests framework has been developed to present the Best Interests principles and associated provisions of the Act in a coherent policy framework.” (page 19)

Step 4. PROCURE & PRACTICE IN CHILD PROTECTION WORK:

Victorian Government (2012) The Best Interests Case Practice Model Summary Guide.

“… The Best interests principles in section 10 of the Children Youth and Families Act state that consideration must be given to the child’s views and wishes, if they can be reasonably ascertained, and they should be given such weight as is appropriate in the circumstances.” (page 17 of the Adolescents and their Families Module)

“ …The following tips may help in communication with adolescents:

1. How will I start? Build a relationship that leads to engagement in change.

Let the young person be the expert of their own world – it may help to consider initially working from a ‘one-down’ position. Remain open and curious. 


Be creative. Young people can be interviewed when sitting in a park, a cafe, shooting hoops, walking, patting a dog, sitting outside, driving in a car or hiding under a table.

Be authentic rather than ‘cool’ – workers need to demonstrate respectful authority. 


Honesty and straightforwardness is appreciated and appropriate. Ask the young person’s 
permission to be ‘upfront’; respond to the non-verbal cues:‘Is it okay to tell you what I’m thinking?’ ‘Tell me if I got it wrong.

Step 5: STANDARDS OF PRACTICE

Code of Ethics, Australian Association of Social Workers (2010)

“ 5.2.1 Priority of clients’ interest

a) Social workers will maintain the best interests of clients as a priority, with due regard to the respective interests of others.” (page 25)

Questions for group discussion

Q 1. How is Article 12 of UNCROC reflected in practice for Victorian based child protection workers?

Q 2. Which UNCROC Article is reflected in the Ethics Code used by social Workers who work with children and young people?

Q 3. Does Section 10 of the Children, Youth and Families Act 2005 guide child protection practice?

Q 4. What might happen if child protection policies and procedures were not based in law?

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