Children's Court of New South Wales

Children's Court of New South Wales
The former Children's Court façade in Surry Hills
Established	18 January 1988 (1988-01-18)
Jurisdiction	New South Wales, Australia
Location	Parramatta, Sydney
Authorized by	Parliament of New South Wales via the Children's Court Act 1987 (NSW)
Website	childrenscourt.justice.nsw.gov.au
President of the Children's Court
Currently	Judge Peter Johnstone
Since	May 2012

The Children's Court of New South Wales is a court within the Australian court hierarchy established pursuant to the Children's Court Act 1987 (NSW) which deals with criminal offences committed by children aged over 10 years and under 18 years, as well as with proceedings relating to the care and protection of children. The court commenced on 18 January 1988.

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 Children's Court Act 1987 (NSW). The Court is an inferior court and is effectively a court of record. The court was established on 18 January 1988.