"In Conversation" is a parallel series where we invite lived experience speakers to come share our stories with us. 

In this episode, James Harding, a lived experience advocate, shares his journey developing Hard Cuddles, a lived experience service based in Melbourne, Australia, aimed at providing support and resources to those dealing with mental health challenges. The service emphasises the importance of community and shared experiences, where children and adults form any background can connect with others who have similar journeys.

Best Interests thanks all lived experience advocates who talk openly and courageously about their experiences for the benefit of others. 

Show Notes:

https://www.hardcuddles.com/meet-the-team

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Children with disabilities experience increased vulnerability than most children and the intersectionality of risk factors present for these children may have an overlay of issues with how carers and systems are set up to help them. Instead of being seen as a young person who needs support, children with disabilities are more likely to be subject to child protection claims and out of home care as their behavior is viewed as the problem. This may result in carers feeling as though they have no other option but to keep the child in out-of-home care or not know how to properly care for the child.  

It is unclear whether the behaviors from a group of children are stemming from trauma of services or from disabilities as many are undiagnosed. The overlap between disability and trauma needs to be further explored to improve out of home care and child protection systems for children with disabilities. There is an overreliance on out of home care that leads to a cycle of intervention and trauma over adequate support for children and carers. There is an intersection of risk factors in children with disabilities depending on the establishment of their care systems. However, many of these children are being referred around to different services without a holistic approach to help, a diagnosis or an early intervention and support including their carers. Instead, we should be working with families and carers to see how to better address the needs of the child with the disability.

Show Notes:

Commonwealth Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (AUS) (2021-22) Care Criminalisation of Young People with Disability in Child Protection Systems

Baidawi, S & Sheehan, R. (2019).  'Crossover' Children in the Youth Justice and Child Protection Systems, (Routledge).

Baidawi, S. & Ball, R. (2022). Multi-system factors impacting youth justice involvement of children in residential care. Child & Family Social Work. https://doi.org/10.1111/cfs.12940

Susan Baidawi: https://www.monash.edu/medicine/spahc/socialwork/about/our-people/susan-baidawi

Evelyn Bugel: https://www.evelynbugelpsychology.com/about.html

Declan Kavanagh-Bugel:

https://declankbart.bigcartel.com/category/prints

https://www.instagram.com/deckies_artworks/

https://www.youtube.com/watch?v=GuSfs0nGHos

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

A number of women and children are adversely affected by family violence across their lifetime that has immediate and long-lasting effects on their psychosocial, developmental, cognitive and social-emotional health. The Safe Nest Group (SNG) program is designed as a weekly, 6 session intervention for women and their infants who are under 3 years old, to engage in a group session underpinned by trauma-informed, psychodynamic and infant mental health principles. The project aimed to prioritise infants' needs, and intervene to assist mothers and infants in their recovery from the impacts of family violence. The study found that the program had been beneficial, noting meaningful reductions in mothers’ symptoms of depression and trauma and a better understanding by mothers of the impacts of family violence on their children. 

Show notes:

The ANROWS report by the Safe Nest Group: Pilot Project

https://www.anrows.org.au/publication/violence-prevention-and-early-intervention-for-mothers-and-children-with-disability-building-promising-practice/ 

Dr Katie Wood:

https://experts.swinburne.edu.au/494-katie-wood

Dr Emma van Daal: 

https://theplaystudio.com.au/team/

Research for this episode was conducted by Latrobe Law School student, Melissa Mazzeo.

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The role of Supervised Children contact centres (SCCC) are necessary in forming a space where children feel safe and supported to reconnect with non-residential parents. These centres assist in strengthening the child's relationship with the estranged parent and facilitate a healthier relationship despite the challenging circumstances that give rise to the necessity of supervised contact. These centres may be effective depending on the attitudes and age of the child and the behaviours of the parent engaging in the service. SCCC are unlikely to meet the best interests of the child in every scenario. The role of SCCC’s is to ‘bridge the gap’ and aid the transition of the non-residential parent back into the child’s life in a safe and supervised way.

However, SCCC’s may sometimes be viewed as a way to gain more evidence against a parent in court and can be a means to coerce children or other parents.Courts frequently request reports from SCC’s regarding observations of a parents behaviour and relationship with the child which can cause tension and are highly influential. SCCCs can therefore be an artificial environment where parents can display certain positive behaviours to look good to the staff in order for reports in their favour to be used in court. This may be unrealistic, and children may not want to engage in SCCC’s.

Show Notes:

https://www.betterplaceaustralia.com.au/?gclid=Cj0KCQjwiOy1BhDCARIsADGvQnBCCyjg_Hz4bJxE4Ivr2CHpwPgB6Nh--o9TQ9_NlpyaQ_cSgMl0hQaAgcFEALw_wcB

 https://aifs.gov.au/resources/policy-and-practice-papers/childrens-contact-services#:~:text=Children's%20Contact%20Services%20(CCSs)%20are,their%20own%20parenting%20time%20arrangements.

 https://aifs.gov.au/sites/default/files/cfca35-childrens-contact-services_0.pdf

Sheehan, G., Carson, R., Fehlberg, B., Hunter, R., Tomison, A., Ip, R., & Dewar, J. (2005). Children's contact services: Expectations and experience. Final report. Canberra: Attorney-General's Department.

Fitzgerald, R., & Graham, A. (2011). "Something amazing I guess": Children's views on having a say about supervised contact. Australian Social Work, 64(4), 487-501.

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments – in this case, where the work involves working for or on behalf of children.

In this final episode of the series, we focus on the health and wellbeing of child protection workers. We speak to Sahra Mogorovich to discuss the importance of wellbeing when working in this regularly challenging but equally vital area of child protection. Sahra draws on her own experiences of working with young people and families and provides us with insight in how to navigate this important but complex area of work.

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Elicia Savvas’s Churchhill Fellowship report, released in September 2024, explores children’s legal services and related organisations in the United States, Scotland, and Northern Ireland. The Churchill report largely focuses on the features and benefits of child centred legal services, the need for independent advocacy, and how children’s court systems can support meaningful participation. It contends that the Australian legal sector can better support children’s rights by drawing on the UK and US systems. The report discusses the ‘client directed’ model of legal representation, meaning the child provides instructions about their own needs and wishes. 

Show Notes:

Report: 

https://www.churchilltrust.com.au/project/to-investigate-child-centred-legal-services-in-child-welfare-law/

Research for this episode was compiled by Maigan Hounslow. 

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Youth detention in Australia is a complex issue that intersects with human rights, public safety and social justice. The treatment of young people in detention is a critical focus area for human rights advocates who have long identified repeat violations of Australia’s international obligations to uphold the human rights of children in detention. And yet, despite these known violations, and despite mounting evidence that detention does not keep the community safe at all, there are continued calls across Australia to get even ‘tougher on crime’ for young offenders. So, what will it take to cool the political hot potato that is juvenile justice for long enough to create and invest in a system that actually works?

Show Notes:

Dr Anita Mackay’s recent book 'A Children's Rights Assessment of Juvenile Detention in Australia' (Routledge, 2025) is about human rights compliance in Australian youth detention: https://bit.ly/4eveJgY 

She also authored 'Towards Human Rights Compliance in Australian Prisons' (ANU Press, 2020): https://press.anu.edu.au/publications/towards-human-rights-compliance-australian-prisons

Dr Mackay has also written on how vulnerable witnesses are protected during Royal Commissions. Read her article here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3544432

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In Victoria, matters alleging the abuse or neglect of children are heard in the Family Division of the Children’s Court – a specialist court designed to hear child protection matters. However, the Children’s Court is notoriously adversarial. Litigation can be protracted, traumatising for families, and occurs in a system where the prosecuting authority is simultaneously trying to work collaboratively with the family – an uneasy alliance by anyone’s standards. Less adversarial approaches are available but rare and lack a primary prevention framework. A specialist infant court has the capacity to support vulnerable and at-risk families from the outset to ensure safety of the infant and work collaboratively with the family to keep the family together wherever possible.  So, exactly how would a specialist infant court operate and what do we need to do to get one of our own?

Show notes:

Matthew Wilson’s report 

https://www.churchilltrust.com.au/project/to-investigate-innovative-court-based-approaches-to-infants-in-care-and-protection-proceedings/

Submission below by Nicole and Matthew 

https://yoorrookjusticecommission.org.au/document-library/submission-tweddle-foundation/

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Corporal punishment in the home, in one form of the other, is legal in every State of Australia. Whilst corporal punishment still appears to be commonly used within our country in practice, studies indicate corporal punishment is increasingly being seen as an unnecessary form of discipline. If cultural attitudes are changing, but the incidence of corporal punishment is still unacceptably high, then what, if anything, do we need to do to bridge that gap?

Show notes:

Linda Savage: https://www.ccyp.wa.gov.au/about-us/the-ambassadors/ms-linda-savage/

Convention on the Rights of the Child: 

Article 19(1) states parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

The prevalence of corporal punishment in Australia: Findings from a nationally representative survey

Acceptability of corporal punishment and use of different parenting practices across high-income countries

End Physical Punishment of Australian Children (EPPAC) Campaign

Research for this episode was conducted by Vanessa Mocibob.

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The Reportable Conduct Scheme outlines the obligations of organisations covered by the Scheme to notify the Commission for Children and Young People (CCYP) of reportable allegations made against workers of an organisation.. Its purpose is to help identify individuals who pose a risk of harm to children and young people, promote information sharing between government regulators and organisations, and improve responses to allegations of child abuse and harm within organisations. 

On July 1 2024 amendments to the Child Wellbeing and Safety Act 2005 (Vic) (‘The Act’) came into force which expands the definition of ‘employee’ and  ‘worker’ under the Reportable Conduct Scheme (‘Scheme’) and increases the enforcement and compliance powers of the CCYP and police. 

Expanding these definitions ensures that allegations of child-related harm and misconduct in organisations is properly reported and investigated, regardless of the  employment relationship with the organisation. 

Will these changes ensure all allegations of abuse or harm are reported, irrespective of the person's position within the organisation? And will the increased powers of the CCYP and the police capture those offenders who have previously fallen in the gaps? 

Show Notes:

Safe Space Legal 

https://safespacelegal.com.au/new-legislative-changes-child-wellbeing-safety-act/

https://safespacelegal.com.au/child-safe-standards-reportable-conduct-victoria/

https://safespacelegal.com.au/child-safe-standards/

https://safespacelegal.com.au/child-safe-standards-law-amendments/

https://www.childabuseroyalcommission.gov.au/final-report

https://www.justice.vic.gov.au/safer-communities/protecting-children-and-families/betrayal-of-trust-fact-sheet-the-new

Research for this episode was compiled by Claudia Brophy-Odgers. 

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

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.