South Australian Consolidated Regulations South Australian Consolidated Regulations4—Aboriginal Child Placement Principle
For the purposes of section 4(5) of the Act, the Aboriginal Child
Placement Principle is as follows:
(a) the
fundamental principles contained in section 4 of the Act (the
"fundamental principles") apply to the placement of an Aboriginal child with
the additional requirement that in determining a child's best interests under
subsection (4) of that section consideration must be given to the child's
Aboriginality;
(b)
subject to the fundamental principles, an Aboriginal child who is being placed
in alternative care (other than care provided in a detention facility) should
be placed with the first in order of priority of the following persons who is
available to provide the care:
(i)
a member of the child's family, as determined by
reference to Aboriginal culture;
(ii)
a member of the child's community who has a relationship
of responsibility for the child, as determined by reference to Aboriginal
traditional practice or custom;
(iii)
a member of the child's community, as determined by
reference to Aboriginal traditional practice or custom;
(iv)
a person with the same Aboriginal cultural background as
the child;
(v)
a non-Aboriginal person who is able to ensure that the
child maintains significant contact with the child's family (as determined by
reference to Aboriginal culture), the child's community or communities and the
child's culture;
(c) if
the placement of a child in alternative care in accordance with
paragraph (b) is objected to by the child on reasonable grounds, the
child should be placed with the next available person as determined by the
order of priority referred to in paragraph (b).