Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 12

Additional decision-making principles

12. Additional decision-making principles



(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;

   (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.

(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.

(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.