Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 13

Aboriginal Child Placement Principle

13. Aboriginal Child Placement Principle



(1) For the purposes of this Act the Aboriginal Child Placement Principle is
that if it is in the best interests of an Aboriginal child to be placed in out
of home care, in making that placement, regard must be had-

   (a)  to the advice of the relevant Aboriginal agency; and

   (b)  to the criteria in subsection (2); and

   (c)  to the principles in section 14.

(2) The criteria are-

   (a)  as a priority, wherever possible, the child must be placed within the
        Aboriginal extended family or relatives and where this is not possible
        other extended family or relatives;

   (b)  if, after consultation with the relevant Aboriginal agency, placement
        with extended family or relatives is not feasible or possible, the
        child may be placed with-

   (i)  an Aboriginal family from the local community and within close
        geographical proximity to the child's natural family;

   (ii) an Aboriginal family from another Aboriginal community;

   (iii) as a last resort, a non-Aboriginal family living in close proximity
        to the child's natural family;

   (c)  any non-Aboriginal placement must ensure the maintenance of the
        child's culture and identity through contact with the child's
        community.

(3) The requirements under subsection (1)(a) to have regard to the advice of
the relevant Aboriginal agency and under subsection (2)(b) to consult with the
relevant Aboriginal agency do not apply to the making of a decision or the
taking of an action under Part 3.5.