CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 15 Indigenous placement principle

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 15

(1)     In making a decision about the placement of an indigenous child or young person, a person applies the indigenous placement principle if the person makes the decision in accordance with this section.

(2)     The child or young person should be placed in accordance with the first of the following options that is available and to which the child or young person does not object:

        (a)     with a member of his or her family (as defined by local custom and practice) in the correct relationship to the child or young person in accordance with Aboriginal or Torres Strait Islander law;

        (b)     with a member of his or her community in a relationship of responsibility for the child or young person according to local custom and practice;

        (c)     with a member of his or her community;

        (d)     with an indigenous carer.

(3)     If the child or young person cannot be placed in accordance with subsection (2), the child or young person may be placed with a non-indigenous carer who lives near the child's or young person's indigenous family or community if the decision about placement takes into account—

        (a)     that family reunion should be a primary objective; and

        (b)     that continuing contact with the child's or young person's indigenous family, community or culture should be ensured.

(4)     Nothing in this section applies to the disposition of a young offender under Chapter 6 (Young offenders).