Human Rights Brief No. 1 Practitioner checklist

Human

Rights Brief No. 1

Practitioner checklist - Best

interests of the child

1. Concerning

   a child?
   

   Does the action or decision complained of affect a child or children

   (eg denial of Parenting Payment)?

2. 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?)

3. Best interests

   considered?
   

   a. If the decision-maker is covered by CROC, did it take the child's

   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.

4. 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).

5. Specialist

   advice
   

   For assistance, contact a specialist youth advocacy or legal centre

   or your local legal aid office.

Last

updated 2 December 2001.