Article
Acting in the best interests of the child: a case study on the consequences of competing child protection legislation in Western Australia
Journal of Social Welfare and Family Law
(2010)
Abstract
With a focus on the case of CEO, Department for Child Protection v. John Citizen
(2007) WASC 312, this article examines the legal issues that the case presents for
child-care workers and child welfare organisations when acting in the best interests of a
child. This complex case raises a number of issues regarding the issuing of assessment
notices (working with children cards), what constitutes the ‘best interests of the child’
and the interplay between potentially conflicting pieces of child welfare and child
protection legislation. The first part of the article provides an introduction to the
working with children legislation in Western Australia and an overview of the history
and facts of the Citizen case. The second part reviews the court’s decision, and is
followed by a discussion of the consequences of competing legislation that, on the one
hand, deemed John Citizen a suitable child carer and, on the other, denied him an
assessment notice that would allow him to care for children.
Disciplines
Publication Date
2010
DOI
10.1080/09649069.2010.539356
Citation Information
Budiselik, W., Crawford, F., and Squelch, J. (2010). Acting in the best interests of the child: a case study on the consequences of competing child protection legislation in Western Australia. Journal of social welfare and family law, 32(4), 369-379. DOI: 10.1080/09649069.2010.539356