CHILD PROTECTION ACT 1999 - SECT 5D Principles about exercising powers and making decisions

CHILD PROTECTION ACT 1999 - SECT 5D

5D Principles about exercising powers and making decisions

(1) The following principles are relevant to exercising a power or making a decision under this Act—

(a) a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power;

(b) to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act;

Note—

See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child.

(c) if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help;

(d) a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process;

(e) information about a child affected by a decision under this Act should be shared—

(i) only to the extent necessary for the purposes of this Act; and

(ii) in a way that protects the child’s privacy.

(2) This section does not apply to a court or the tribunal.

(3) In this section—


"relevant person" , for a decision, means each of the following persons—

(a) the child to whom the decision relates;

(b) a person who is a parent or sibling of the child and is affected by the decision;

(c) any long-term guardian of the child.