Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 11

Decision-making principles

11. Decision-making principles

In making a decision or taking an action in relation to a child, the Secretary
or a community service must also give consideration to the following
principles-

   (a)  the child's parent should be assisted and supported in reaching
        decisions and taking actions to promote the child's safety and
        wellbeing;





   (b)  where a child is placed in out of home care, the child's care giver
        should be consulted as part of the decision-making process and given
        an opportunity to contribute to the process;

   (c)  the decision-making process should be fair and transparent;

   (d)  the views of all persons who are directly involved in the decision
        should be taken into account;

   (e)  decisions are to be reached by collaboration and consensus, wherever
        practicable;

   (f)  the child and all relevant family members (except if their
        participation would be detrimental to the safety or wellbeing of the
        child) should be encouraged and given adequate opportunity to
        participate fully in the decision-making process;

   (g)  the decision-making process should be conducted in such a way that the
        persons involved are able to participate in and understand the
        process, including any meetings that are held and decisions that are
        made;

   (h)  persons involved in the decision-making process should be-

   (i)  provided with sufficient information, in a language and by a method
        that they can understand, and through an interpreter if necessary, to
        allow them to participate fully in the process; and

   (ii) given a copy of any proposed case plan and sufficient notice of any
        meeting proposed to be held; and

   (iii) provided with the opportunity to involve other persons to assist them
        to participate fully in the process; and

        (i)    if the child has a particular cultural identity, a member of
               the appropriate cultural community who is chosen or agreed to
               by the child or by his or her parent should be permitted to
               attend meetings held as part of the decision-making process.

Division 4-Additional decision-making principles for Aboriginal children