The treatment of juvenile offenders in the colony of New South Wales reflected the system of criminal law inherited from the United Kingdom. The law of Australia at that time was heavily influenced by the social norms of English society. As a result, children criminals were treated no differently from adult criminals. They were liable to the same harsh penalties. The Judicial Commission of New South Wales cited an example of one English judge who, after condemning a 10-year-old boy to death, described the boy as "a proper subject for capital punishment". 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. The first children's court was established under the Neglected Children and Juvenile Offenders Act 1905. The Judicial Commission of New South Wales stated the first court was set up in the spirit of parens patriae, a jurisdiction that was exercised by the superior courts of the United Kingdom and as a consequence, of the Supreme Court of New South Wales. The court was set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector, and ultimate punisher. The present children's court is constituted under the. The Court is an inferior court and is effectively a court of record. The court was established on 18 January 1988.
Composition
The court is composed ofmagistrates of the Local Court of New South Wales who are appointed by the Chief Magistrate of the Local Court of New South Wales. A magistrate so appointed is called a Children's Magistrate. The Governor appoints a qualified person to be the President of the Children's Court. Any judge of the District Court is a qualified person and may be appointment as the President of the Children's Court for a duration not exceeding 5 years. After the expiry of the initial term of the appointed, the Governor may re-appoint the same person for another term, or to appoint another judge of the District Court as the President of the Children's Court. It is significant that the orders made by the President may be appealed to the Supreme Court, while the orders made by the Children's Magistrate may be appealed to the District Court only. The President of the Children's Court administers the court, arranges sittings of the Court, and convenes meetings of Children's Magistrates. The President of the Children's Court also confers regularly with community groups and social agencies on matters involving children and the Court.
