Queensland Consolidated Acts Queensland Consolidated Acts(1) This Act is to be administered under the principle that the welfare and best interests of a child are paramount.
Example--
The chief executive is making a decision under this Act, concerning a child, in circumstances where there is a conflict between the child's welfare and best interests and the interests of an adult caring for the child. The conflict must be resolved in favour of the child's welfare and best interests.
(2) Subject to subsection (1), this Act is also to be administered under the following principles--
(a) every child has a right to protection from harm;
(b) families have the primary responsibility for the upbringing, protection and development of their children;
(c) the preferred way of ensuring a child's wellbeing is through the support of the child's family;
(d) powers conferred under this Act should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures--
(i) actions taken, while in the best interests of the child, maintain family relationships and are supportive of individual rights and ethnic, religious and cultural identity or values; and
(ii) the views of the child and the child's family are considered; and
(iii) the child and the child's parents have the opportunity to take part in making decisions affecting their lives;
(e) if a child does not have a parent able and willing to protect the child, the State has a responsibility to protect the child, but in protecting the child the State must not take action that is unwarranted in the circumstances;
(f) if a child is removed from the child's family--
(i) the aim of authorised officers' working with the child and the child's family is to safely return the child to the family if possible; and
(ii) the child's need to maintain family and social contacts, and ethnic and cultural identity, must be taken into account; and
(iii) in deciding in whose care the child should be placed, the chief executive must give proper consideration to placing the child, as a first option, with kin;
(g) a child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child's age and ability to understand;
(h) if a child is able to form and express views about his or her care, the views must be given consideration, taking into account the child's age or ability to understand;
(i) if a child does not have a parent able and willing to give the child ongoing protection, the child has a right to long-term alternative care.