Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 10

Aboriginal and Torres Strait Islander children and young people—placement principles

In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must take into account the following principles (the Aboriginal and Torres Strait Islander children and young people placement principles ) in addition to the matters in section 8 and section 9:

        (a)     the principle (the prevention principle ) that children and young people should be brought up within their own family, community and culture;

        (b)     the principle (the partnership principle ) that Aboriginal and Torres Strait Islander community representatives should be given opportunities to participate in—

              (i)     the design and delivery of services for children and young people; and

              (ii)     decisions under this Act about children and young people;

        (c)     the principle (the placement principle ) that a child or young person who is to be placed with an out-of-home carer must be placed in accordance with the priorities for placement set out in section 513;

        (d)     the principle (the participation principle ) that a child or young person, their parents and other family members should be given opportunities to participate in decision-making processes about care arrangements for the child or young person, including placement and contact;

        (e)     the principle (the connection principle ) that children and young people should have their connections to family, community, culture and country supported and maintained.

Note     In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must also consider the child's or young person's rights under the Human Rights Act 2004

, s 27 (Cultural and other rights of Aboriginal and Torres Strait Islander peoples and minorities) (see that Act

, s 40B).



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