‘No-fault’ ground for Statutory Intervention: Should we or Shouldn’t we?

In 2021 the Victorian State Government proposed a suite of changes to the Children's Youth and Families Act, among them a 'no-fault' ground for statutory intervention which would allow the government to intervene when a child is at risk, regardless of whether a parent is at fault.

In this episode Helen Dale, children's law specialist, discusses some of the pros and cons of a no-fault ground for statutory intervention including whether it could promote a less adversarial approach to child protection litigation. Opinion is divided. Some say it will assist in the resolution of matters. Others remain concerned that a no-fault ground for statutory intervention will give the government even greater power over families and resulting in arbitrary intervention into what is recognised, at law, as the fundamental group unit of society.

Show notes:
This episode’s speaker is Helen Dale of Dale and Younis - https://www.daleandyounis.com.au

For the law nerds, this episode makes reference to: 

Victorian Charter of Human Rights

Children Youth and Families Act 2005 

Children, Youth and Families Amendment (Child Protection) Bill 2021
 

Recent supreme court authority: DE (a pseudonym) v Secretary of the Department of Families, Fairness andHousing [2021] VSC 691

Research for this episode was compiled by  La Trobe Law student Dana Popovic.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

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