See Referral from the Children's Court – Criminal Division for procedures that must be undertaken.
The Criminal Division of the Children's Court may require the Secretary to prepare and submit a court report in certain circumstances. If it considers that a child appearing as a defendant in a criminal proceeding appears to be in need of protection, the Court may refer the matter under YJ Act s. 181 (protection orders) and 182 (therapeutic treatment orders), , to Child Protection for investigation.
In accordance with section 183, YJ Act, Child Protection must:
- enquire into the matter, and
- provide the Criminal Division of the Children's Court with a written report within 21 days of receiving the referral from the Court.
The written report must confirm that Child Protection has enquired into the matter, and advise that:
- a protection application has been issued, or
- an application for a therapeutic treatment order has been made, or
- Child Protection is satisfied that no protection application or application for a therapeutic treatment order is reqired.
The purpose of Child Protection's involvement is to assess whether the child is at risk of significant harm or in need of therapeutic treatment and if so, to determine the best way to ensure the child's safety, wellbeing and development. This may involve a protection application and hearing in the Family Division of the Children's Court. The details of the matter before the Family Division will not be communicated to the Criminal Division.
See Children and young people involved with Child Protection and Youth Justice - Advice for more information and Children and young people involved with Child Protection and Youth Justice - Procedure for tasks that my need to be undertaken.