CHILD PROTECTION ACT 1999 - SECT 5E
Principles for participation of children
CHILD PROTECTION ACT 1999 - SECT 5E
Principles for participation of children
5E Principles for participation of children
(1) This section applies if a person—
(a) exercises, or will exercise, a
power under this Act that affects, or may affect, a child; or
(b) makes, or
will make, a decision under this Act that affects, or may affect, a child.
(2) Unless a provision of this Act states otherwise, the person must ensure
the following in relation to the exercise of the power or the making of the
decision—
(a) the child is given meaningful and ongoing opportunities to
participate;
(b) the child is allowed to decide whether or not the child will
participate;
(c) the child is given information that is reasonably necessary
to allow the child to participate;
(d) the child is advised about what help
is available to the child;
(e) the person understands and considers, or makes
a genuine attempt to understand and consider, any views expressed by the
child;
(f) the child is allowed to express views that are different to views
previously expressed by the child;
(g) communication with the child is
carried out in a way that is appropriate for the child;
(h) a record of views
expressed by the child is made that, if appropriate, uses the child’s words.
(3) If the child decides to participate in the exercise of the power or the
making of the decision, the person must ensure that—
(a) the child is
allowed to decide how the child will participate; and
Examples of how a child
may decide to participate—
• communicating verbally or non-verbally
•
communicating directly with a particular person
• communicating indirectly
through a trusted person, including, for example, a member of the child’s
family or family group, the child’s carer or the public guardian
•
communicating indirectly through an independent person, including, for
example, the child’s legal representative or health practitioner
•
communicating indirectly through a written statement or an audio or video
recording
• communicating indirectly through an expert in a report prepared
by the expert
• participating separately from particular persons
(b) the
person listens to and engages with, or makes a genuine attempt to listen to
and engage with, the child; and
(c) the child is given help to participate if
the child requires it.
(4) If the child decides not to participate, or is
otherwise unable to participate, in the exercise of the power or the making of
the decision, the person must ensure—
(a) the person obtains, or makes a
genuine attempt to obtain, the views of the child in another way that is
appropriate for the child; and
Example of a way to obtain a child’s views
that may be appropriate—
a report prepared by a psychologist for the child
(b) the child’s decision, or inability, does not operate to the detriment of
the child in relation to the exercise of the power or the making of the
decision.
(5) This section does not apply to a court or the tribunal.