CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 9

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 9

9 .         Other principles

                In performing a function under this Act, other principles to be observed are as follows —

            (a)         the principle that the parents, family and community of a child have the primary role in safeguarding and promoting the child’s wellbeing;

            (b)         the principle that the preferred way of safeguarding and promoting a child’s wellbeing is to support the child’s parents, family and community in the care of the child;

            (c)         the principle that every child should be cared for and protected from harm;

            (d)         the principle that every child should live in an environment free from violence;

            (e)         the principle that every child should have stable, secure and safe relationships and living arrangements;

            (ea)         the principle that every child should be treated as a valued member of society in a manner that respects the child’s dignity and privacy;

            (f)         the principle that intervention action (as defined in section 32(2)) should be taken only in circumstances where there is no other reasonable way to safeguard and promote the child’s wellbeing;

            (g)         the principle that planning for the care of a child who is in the CEO’s care should occur as soon as possible in order to promote long-term stability for the child and should, as soon as possible, include consideration of whether it is appropriate to work towards returning the child to the child’s parents;

            (ga)         the principle that objectives of planning for the care of a child who is in the CEO’s care include the following —

                  (i)         to achieve continuity and stability in the child’s living arrangements;

                  (ii)         to preserve and enhance the child’s relationships with the child’s family and with other people who are significant in the child’s life (subject to protecting the child from harm and meeting the child’s needs);

                  (iii)         for an Aboriginal child, Torres Strait Islander child or child of a culturally or linguistically diverse background — to preserve and enhance the child’s connection with the culture and traditions of the child’s family or community;

            (gb)         the principle that objectives of planning for a placement arrangement for a child include, subject to protecting the child from harm and meeting the child’s needs, the following —

                  (i)         to place the child with a member of the child’s family;

                  (ii)         to place the child with the child’s siblings (subject also to protecting the siblings from harm);

                  (iii)         to place the child with a person who is willing and able to encourage and support the child to develop and maintain contact with the child’s parents, siblings and other members of the child’s family and with other people who are significant in the child’s life, subject to decisions under this Act about that contact;

        [(ha)         deleted]

            (h)         the principle that decisions about a child should be made promptly having regard to the age, characteristics, circumstances and needs of the child and to minimising the risk of detrimental effects arising from delay in decision-making;

            (ia)         the principle that decisions about a child with disability should be made giving special consideration to any difficulties or discrimination that may be encountered by the child because of the child’s disability and should support the child’s full and effective participation in society;

                  (i)         the principle that decisions about a child should be consistent with cultural, ethnic and religious values and traditions relevant to the child;

            (j)         the principle that a child’s parents and other people who are significant in the child’s life should be given an opportunity and assistance to participate in decision-making processes under this Act that are likely to have a significant impact on the child’s life;

            (k)         the principle that a child’s parents and other people who are significant in the child’s life should be given adequate information, in a manner and language that they can understand, about —

                  (i)         decision-making processes under this Act that are likely to have a significant impact on the child’s life; and

                  (ii)         the outcome of decisions under this Act that are likely to have a significant impact on the child’s life (as described in section 10(3)), including an explanation of the reasons for the decisions; and

                  (iii)         any relevant complaint or review procedures;

            (l)         the principle that, as far as practicable, services of an interpreter or other appropriate person are to be made available to assist —

                  (i)         a person who has difficulty understanding or communicating in English; or

                  (ii)         a person whose disability prevents or restricts the person’s understanding of, or participation in, a decision-making or other process or the person’s expression of wishes or views.

        [Section 9 amended: No. 49 of 2010 s. 39; No. 23 of 2015 s. 27; No. 18 of 2021 s. 9.]