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A Children’s Hearing must explicitly operate as an inquisitorial, non-adversarial tribunal.

Its only objective must be to arrive at decisions that are in the best interests of the child.

To make this happen, necessary changes include:

Rules which allow this approach to be managed

The existing Rules governing a Children’s Hearing must be robust enough to make sure the Chair is able to manage both:

  • the dynamics of an inquisitorial approach, and
  • the conduct of an inquisitorial approach.

This includes determining who is present at each stage of a Children’s Hearing, while:

  • effectively balancing rights of attendance and participation,
  • having the flexibility to change the speaking order and arrangements, and
  • having the authority to ask contributors to leave the room after they've spoken, if that is in the best interests of the child.

Changes to the decision-making model

The decision-making model must consist of someone in the professional role of Chair, accompanied by two Panel Members.

The Chair should be:

  • salaried,
  • consistent, and
  • highly qualified.

And the Panel Members should be remunerated at a daily rate.

Consistency of Panel Members throughout a Children's Hearing

As far as possible, the Chair should be the same each time a child and their family attend a Children's Hearing.

This should also apply to Panel Members, where possible and desirable.