Damon Mcknight
Decision-making is a crucial skill for children to develop, and it can encompass various contexts, from everyday choices to significant life events. In Australia, the legal framework recognises the importance of children's participation in decisions that affect their lives, including medical treatments and family matters. The Family Law Act emphasises that parenting arrangements should prioritise children's best interests, encompassing decisions about their care, welfare, education, and health. Additionally, Australian children have a notable influence on household purchases, showcasing their decision-making power within families. As children grow, they gradually gain legal autonomy in decision-making, with varying ages of consent across different states. This evolution of decision-making skills helps children navigate increasingly complex choices and build their confidence.
| Characteristics | Values |
|---|---|
| Decision-making in medical treatment | In Australia, children under the age of 18 cannot consent to medical treatment without their parents' approval. However, in Victoria, Tasmania, and South Australia, competent children can make their own medical treatment decisions without parental consent through an Advance Care Directive. |
| Decision-making in household purchases | Australian kids have a significant influence on household purchases, including groceries and big-ticket items like a new family car. They have a combined spending power of over $2.5 billion annually. |
| Decision-making in education | Children can make decisions about their education, such as choosing their college. |
| Decision-making in end-of-life care | Decisions regarding end-of-life care, such as withholding or withdrawing life-sustaining treatment, are made in consultation with the child's health professionals and parents. The primary consideration is the child's best interests, and various factors are considered, including the child's views and wishes. |
| Decision-making in family law | The Family Law Act encourages parents to make parenting arrangements and long-term decisions in the best interests of the child. These decisions may include the child's education, health, and living arrangements. |
| Decision-making in separation and divorce | Community-based organizations in Australia provide support services to help children participate in decisions that arise from their parents' separation or divorce. |
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What You'll Learn
Children's influence on household purchases
Children have a significant influence on household purchases in Australia, with their preferences being considered in up to a fifth of all household purchase decisions. This influence is particularly strong in the supermarket context, where children accompany adults on shopping trips and can impact the spend, time taken, and route taken in-store. While research suggests that accompanied shoppers do not necessarily spend more than unaccompanied shoppers, the presence of children can still influence the types of products purchased and the brands chosen.
A study by Thomas and Garland (1993) found that parents who were accompanied by children spent, on average, 25% more. However, more recent research refutes this, finding no significant difference in spending between accompanied and unaccompanied shoppers. Instead, it was observed that accompanied shoppers tended to shop 15% faster and avoided busy areas in-store. This may be due to the strategies children use to influence their parents' food purchase decisions, such as pestering for sweets, snacks, and other items with child-focused advertising.
The influence of children on household purchases extends beyond the supermarket. A survey of parents revealed that children influence purchases for themselves and the household. Specifically, children influence the brands considered (52%), product features (48%), and retailers (41%). They also have a say in the purchase of electronic goods, with parents involving them in the research and decision-making process. Additionally, children's influence can extend to significant household purchases, such as a new car, with 54% of Aussie kids having a say in such decisions.
The level of influence children have on household purchases has increased in recent years, and this influence varies depending on factors, norms, and values. Children are now recognised as consumers in their own right, with their own disposable income and purchasing power. In Australia, kids aged six to twelve have a personal spending power of over $2.5 billion annually. They are savvy about brands and advertising and often receive a weekly allowance, further contributing to their influence on household purchases.
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Medical treatment decisions
In Australia, the law surrounding medical treatment decisions for children is complex and dependent on several factors. Generally, children under the age of 18 require parental consent for medical treatment, with parents acting as the lawful decision-makers. However, in certain cases, children may be deemed competent to make their own treatment decisions, without parental consent. This is known as being Gillick-competent, and the criteria for this vary depending on the state or territory. For instance, in Victoria, Tasmania, and South Australia, competent children can make their own medical treatment decisions through an Advance Care Directive, which comes into effect if the child loses decision-making capacity. In South Australia, a child who is 16 years of age, and in some cases under 16, can also consent to medical treatment.
In end-of-life situations, decisions surrounding the withholding or withdrawal of life-sustaining treatment are particularly challenging and emotional. These decisions are made in consultation with the child's health professionals and are based on the child's best interests. Factors considered by Australian courts in such cases include the likelihood of treatment success, medical opinions, the child's views and wishes, and quality of life considerations.
The Family Law Act aims to ensure that parenting arrangements are made in the child's best interests, including decisions about their health and significant changes to their living arrangements. In cases where parents and children disagree about medical treatment, or where doctors have concerns about the decisions made, the Federal Circuit and Family Court can intervene and make orders in the child's best interests.
Ultimately, each case is unique, and the decision-making process must be tailored to the individual child's needs and circumstances.
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Education, religious and cultural upbringing
Education in Australia is provided by government and non-government schools. The latter includes private schools, which are typically operated by an independently elected school council or board of governors, and religious schools, which are run by religious institutes. As of 2018, there were 1,140 private schools in Australia, enrolling over 617,000 students.
Education is compulsory from ages five or six to fifteen or seventeen, depending on the state or territory, and the date of birth of the child. The school year typically starts in January or February and finishes in December. While government schools provide education without compulsory tuition fees, non-government schools usually charge tuition and other fees. However, many government schools also ask for payment of 'voluntary' fees to cover specific expenses. All schools, regardless of whether they are government or non-government, follow the same curriculum standards framework, which is administered by the Australian Curriculum, Assessment and Reporting Authority.
In Australia, the curriculum in schools has traditionally focused on ethnic diversity rather than religious diversity. However, given the country's changing religious landscape, with a decline in Christianity and a rise in other religions, there is a growing emphasis on including religious differences in education. This is reflected in the increasing number of international schools, which offer education affiliated with specific cultures or languages, and promote international education.
In terms of religious education, Australia has a secular school system, and the constitution states that there should be no religious test for any public office or trust. However, religious education is considered valuable for students' growth and their ability to thrive. It contributes to values education, religious identity development, and health and wellbeing. Special Religious Education (SRE) classes in schools provide support to students who experience religious bullying and help foster an environment of affiliation, increasing students' motivation.
When it comes to medical decisions, parents are typically the lawful decision-makers for children under the age of 18 and can consent to their child's medical treatment. However, in Victoria, Tasmania, and South Australia, competent children can make their own treatment decisions without parental consent through an Advance Care Directive. In South Australia, a child who is 16 years old, and in some cases under 16, can consent to treatment. In end-of-life decision-making, the child's best interests are paramount, and decisions are usually made in consultation with health professionals.
Australian children also have a significant influence on household purchase decisions, impacting everything from groceries to major purchases like a new family car. They have a combined spending power of over $2.5 billion annually and are savvy when it comes to brands and advertising.
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Parenting plans and family court orders
Parenting plans and court orders are legal avenues that can be pursued by parents or guardians to ensure the safety and well-being of their children. In Australia, the Federal Circuit and Family Court play a crucial role in this regard. Here's an overview:
Parenting Plans
Parenting plans are agreements made between parents or caregivers to outline how they will care for and make decisions regarding their children. These plans can be developed to adjust existing parenting orders if circumstances change. For instance, if one parent moves interstate or there is an emergency that puts the child at risk. Parenting plans can be created by both parties without court involvement and are a less formal approach to resolving disputes. They can be particularly useful when there is mutual agreement on changes to existing parenting orders. However, it's important to note that a parenting plan cannot replace a court order, and the court order remains in force until formally changed by the court.
Family Court Orders
Family Court orders are legally binding decisions made by the Federal Circuit and Family Court of Australia when parents or caregivers cannot agree on arrangements. The court will make these orders based on the best interests of the child, including their safety and well-being. The court considers factors such as the views and attitudes expressed by the children, usually through a family report or an independent children's lawyer. Additionally, the court has the power to restrict a parent from removing a child from Australia by adding them to the Airport Watch List or removing them from it.
It is important to note that a court can penalise an individual for failing to comply with a parenting order if another person files an application alleging non-compliance. However, the court will consider all the facts of the case and apply the law before deciding on any penalties. Furthermore, in cases of family violence or child abuse, attending family dispute resolution may not be appropriate, and an exemption can be sought.
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Decision-making in separated families
In Australia, when parents separate, they continue to share parental responsibility for their child. This means that both parents can independently make decisions about the child and are encouraged to consult each other on major long-term issues, such as education, health, and significant changes to the child's living arrangements. These decisions should always be made in the best interests of the child.
If parents cannot agree on arrangements for their child, they should first try family dispute resolution services or mediation. These services can help parents come to a mutually agreeable decision or compromise. If parents still cannot agree, they can apply to a family court for a parenting order. A court can then decide to give one or both parents sole or joint decision-making responsibility for some or all major long-term issues. The court will always make decisions based on what is best for the child in the specific circumstances of the case.
It is important to remember that children should not be pressured to make decisions about their own care or feel like they have to choose between their parents. Community-based organisations in Australia provide support services to help children deal with the issues arising from their parents' separation and participate in decisions that impact them.
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Frequently asked questions
In Australia, the child's parents are the lawful decision-makers for children under the age of 18 and can consent to their child's medical treatment. However, if a child is found to be competent, they can lawfully make their own treatment decisions. In Victoria and Tasmania, competent children can make their own medical treatment decisions without parental consent through an Advance Care Directive.
The primary consideration for parents and courts when making medical decisions for children is the child's best interests. This is determined on a case-by-case basis, considering factors such as the likelihood of treatment success, medical opinions, the child's views and wishes, and quality of life.
Yes, children in Australia are often involved in family decisions, particularly those that impact them. This includes parenting arrangements and long-term issues such as education, upbringing, and living arrangements. The Family Law Act aims to ensure that these decisions are made in the child's best interests.
Australian children have a significant influence on household purchases, impacting everything from groceries to big-ticket items. They have a personal spending power of over $2.5 billion annually and are savvy about brands and advertising. Research suggests that eight out of ten Australian kids and parents agree that kids play a role in household purchase decisions.
