The treatment of juvenile offenders in the colony of Victoria reflected the system of criminal law inherited from England.
There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society.
The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England.
Victoria in the early 1900s was making progress towards a more enlightened method of dealing with juvenile offenders.
Civic minded individuals volunteered or were prevailed upon to provide home in the country for wayward children.
The new law also established “probation officers” who were to provide information to the court on a child's habits and conduct.
However, probation officers continued to be volunteers until around 1916 when paid agents were employed to visit country homes.
[3] The court was established following a committee report by Professor Terry Carney which made a number of recommendations concerning child welfare in Victoria.
This initiative was similar to the Koori Court set up in Victoria for adult aboriginal offenders.
In Victoria (as elsewhere in Australia), children aged nine years or younger cannot be charged with criminal offences.
[6] It deals with criminals by children who are homeless or who are Koori with a ‘close connection’ to the area in which the division is specified to sit.
If the decision was made by the president, then a right of appeal may lie to the Supreme Court of Victoria.
On a question of law, there may be a right of appeal directly to the Supreme Court of Victoria in certain circumstances.
The court attracted controversy in 2004 when it made a “divorce” order between a fourteen-year-old child and his mother.
This was in contravention of child protection laws which prevent the naming of children the subject of court proceedings.
The saga led to the president of the court writing to the media organisation reminding them of the child protection laws.