CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 12 Additional decision-making principles

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 12

    (1)     In recognition of the principle of Aboriginal self‑management and self-determination, in making a decision or taking an action in relation to an Aboriginal child, the Secretary or a community service must also give consideration to the following principles—

        (a)     in making a decision or taking an action in relation to an Aboriginal child, an opportunity should be given, where relevant, to members of the Aboriginal community to which the child belongs and other respected Aboriginal persons to contribute their views;

S. 12(b) amended by No. 48/2006 s. 4(1).

        (b)     a decision in relation to the placement of an Aboriginal child or other significant decision in relation to an Aboriginal child, should involve a meeting convened by an Aboriginal convener who has been approved by an Aboriginal agency or by an Aboriginal organisation approved by the Secretary and, wherever possible, attended by—

              (i)     the child; and

              (ii)     the child's parent; and

              (iii)     members of the extended family of the child; and

              (iv)     other appropriate members of the Aboriginal community as determined by the child's parent;

        (c)     in making a decision to place an Aboriginal child in out of home care, an Aboriginal agency must first be consulted and the Aboriginal Child Placement Principle must be applied.

S. 12(2) inserted by No. 48/2006 s. 4(2).

    (2)     The requirement under subsection (1)(c) to consult with an Aboriginal agency does not apply to the making of a decision or the taking of an action under Part 3.5.

S. 12(3) inserted by No. 48/2006 s. 4(2).

    (3)     In this section "Aboriginal organisation" means an organisation that is managed by Aboriginal persons and that carries on its activities for the benefit of Aboriginal persons.