CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 12
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 12
12 . Aboriginal and Torres Strait Islander child placement principle
(1) The objective of
the principle in subsection (2) is to maintain a connection with family and
culture for Aboriginal children and Torres Strait Islander children who are
the subject of placement arrangements or interim orders made under
section 133(2)(c).
(2) In making a
decision under this Act about the placement under a placement arrangement of
an Aboriginal child or Torres Strait Islander child, or in making an interim
order under section 133(2)(c) in relation to an Aboriginal child or Torres
Strait Islander child or in varying such an order, a principle to be observed
is that any placement of the child must, so far as is consistent with the
child’s best interests and is otherwise practicable, be in accordance
with the following order of priority —
(a)
placement with a member of the child’s family;
(b)
placement with a person who is an Aboriginal person or Torres Strait Islander
in the child’s community in accordance with local customary practice;
(c)
placement with a person who is an Aboriginal person or Torres Strait Islander
who lives in close proximity to the child’s community;
(d)
placement with either a person who is an Aboriginal person or Torres Strait
Islander or a person who is not an Aboriginal person or Torres Strait Islander
but who —
(i)
lives in close proximity to the child’s community;
and
(ii)
is responsive to the cultural support needs of the child
and is willing and able to encourage and support the child to develop and
maintain a connection with the culture and traditions of the child’s
family or community;
(e)
placement with a person who is not an Aboriginal person or Torres Strait
Islander but who is responsive to the cultural support needs of the child and
is willing and able to encourage and support the child to develop and maintain
a connection with the culture and traditions of the child’s family or
community.
[Section 12 amended: No. 49 of 2010 s. 40; No. 18
of 2021 s. 11.]