Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 10

Best interests principles

10. Best interests principles



(1) For the purposes of this Act the best interests of the child must always
be paramount.

(2) When determining whether a decision or action is in the best interests of
the child, the need to protect the child from harm, to protect his or her
rights and to promote his or her development (taking into account his or her
age and stage of development) must always be considered.

(3) In addition to subsections (1) and (2), in determining what decision to
make or action to take in the best interests of the child, consideration must
be given to the following, where they are relevant to the decision or action-

   (a)  the need to give the widest possible protection and assistance to the
        parent and child as the fundamental group unit of society and to
        ensure that intervention into that relationship is limited to that
        necessary to secure the safety and wellbeing of the child;

   (b)  the need to strengthen, preserve and promote positive relationships
        between the child and the child's parent, family members and persons
        significant to the child;

   (c)  the need, in relation to an Aboriginal child, to protect and promote
        his or her Aboriginal cultural and spiritual identity and development
        by, wherever possible, maintaining and building their connections to
        their Aboriginal family and community;





   (d)  the child's views and wishes, if they can be reasonably ascertained,
        and they should be given such weight as is appropriate in the
        circumstances;

   (e)  the effects of cumulative patterns of harm on a child's safety and
        development;

   (f)  the desirability of continuity and stability in the child's care;

   (g)  that a child is only to be removed from the care of his or her parent
        if there is an unacceptable risk of harm to the child;

   (h)  if the child is to be removed from the care of his or her parent, that
        consideration is to be given first to the child being placed with an
        appropriate family member or other appropriate person significant to
        the child, before any other placement option is considered;

        (i)    the desirability, when a child is removed from the care of his
               or her parent, to plan the reunification of the child with his
               or her parent;

   (j)  the capacity of each parent or other adult relative or potential care
        giver to provide for the child's needs and any action taken by the
        parent to give effect to the goals set out in the case plan relating
        to the child;

   (k)  access arrangements between the child and the child's parents,
        siblings, family members and other persons significant to the child;

   (l)  the child's social, individual and cultural identity and religious
        faith (if any) and the child's age, maturity, sex and sexual identity;



   (m)  where a child with a particular cultural identity is placed in out of
        home care with a care giver who is not a member of that cultural
        community, the desirability of the child retaining a connection with
        their culture;

   (n)  the desirability of the child being supported to gain access to
        appropriate educational services, health services and accommodation
        and to participate in appropriate social opportunities;

   (o)  the desirability of allowing the education, training or employment of
        the child to continue without interruption or disturbance;

   (p)  the possible harmful effect of delay in making the decision or taking
        the action;

   (q)  the desirability of siblings being placed together when they are
        placed in out of home care;

   (r)  any other relevant consideration.

Division 3-Decision-making principles