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justice system’ (1995 page 69).Punishing parentsHolding parents responsible for offences committed by children and young peoplehas been proposed or introduced as a response to juvenile crime in many Australianjurisdictions in recent years. It rests on the assumption that ‘bad’ parenting is a causalfactor in juvenile offending. In many jurisdictions courts can also order that parents payrestitution for offences committed by their children.The impact of this type of legislation on Indigenous families was raised specificallyin evidence to the Inquiry. Whatever the merits or otherwise of holding non-Indigenousparents responsible, there are particular concerns in relation to Indigenous people. In partthese arise from the application of the non-Indigenous juvenile justice system toIndigenous people and the history of defining Indigenous parents as ‘bad parents’ andusing this as a pretext for intervention and removal of children.Section 58 of the Young Offenders Act 1994 (WA) allows the court to punish parentsfor the actions of their children. The ALSWA argued that this section ‘is open to abuseby magistrates and Justices of Peace who may be racist or ignorant of Aboriginal familyand parenting roles and consequently may seek to impose fines on Aboriginal responsibleadults … It is very much an irrational clause to appease the political view that beingtough on parents solves juvenile crime’ (submission 127 page 349). The ALSWA viewedthe provision as hypocritical and discriminatory because the State is exempt from being a‘responsible adult’ where the children and young people who have committed an offenceare in the State’s care. 15Legislation in other States has been criticised for vague definitions of what mightconstitute ‘wilful neglect’ on the part of parents or ‘substantial contribution’ to theoffence committed by the young person (for example, section 197 of the QueenslandJuvenile Justice Act 1994). Similar provisions can be found in the NSW Children(Parental Responsibility) Act 1994 and the Tasmanian Statute Law Revision (Penalties)Act 1994 and Child Welfare Act 1960 (Hil 1996 page 281). Both the NSW andQueensland legislation allow the parents to be charged with criminal offences should theybreach the court order.Other recent amendments to the Queensland legislation provide courts with acoercive power to compel parents to attend the court when their children are charged witha criminal offence. A maximum penalty of $3,750 can be imposed on a parent failing tocomply with such an order.Non-custodial sentencing optionsThe Convention on the Rights of the Child requires that ‘a variety of dispositions …shall be available to ensure that children are dealt within a manner appropriate to theirwell-being and proportionate both to their circumstances and the offence’ (article 40(4)).Several recommendations of the Royal Commission into Aboriginal Deaths in Custodywere designed to increase the availability and use of non-custodial sentencing options as