New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 10

10 The principle of participation

(1) To ensure that a child or young person is able to participate in decisions made under or pursuant to this Act that have a significant impact on his or her life, the Director-General is responsible for providing the child or young person with the following:

(a) adequate information, in a manner and language that he or she can understand, concerning the decisions to be made, the reasons for the Department’s intervention, the ways in which the child or young person can participate in decision-making and any relevant complaint mechanisms,

(b) the opportunity to express his or her views freely, according to his or her abilities,

(c) any assistance that is necessary for the child or young person to express those views,

(d) information as to how his or her views will be recorded and taken into account,

(e) information about the outcome of any decision concerning the child or young person and a full explanation of the reasons for the decision,

(f) an opportunity to respond to a decision made under this Act concerning the child or young person.

(2) In the application of this principle, due regard must be had to the age and developmental capacity of the child or young person.

(3) Decisions that are likely to have a significant impact on the life of a child or young person include, but are not limited to, the following:

(a) plans for emergency or ongoing care, including placement,

(b) the development of care plans concerning the child or young person,

(c) Children’s Court applications concerning the child or young person,

(d) reviews of care plans concerning the child or young person,

(e) provision of counselling or treatment services,

(f) contact with family or others connected with the child or young person.