Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 349

    (1)     For the care and protection chapters, in deciding what is in the best interests of a child or young person, the need to ensure the child or young person is not at risk of significant harm must always be considered.

    (2)     The decision-maker must also consider each of the following matters that are relevant to the child or young person:

        (a)     any views or wishes expressed by the child or young person;

        (b)     the nature of the child's or young person's relationship with each parent and anyone else;

        (c)     the likely effect on the child or young person of changes to the child's or young person's circumstances, including separation from a parent or anyone else with whom the child or young person has been living;

        (d)     the practicalities of the child or young person maintaining contact with each parent and anyone else with whom the child or young person has been living or with whom the child or young person has been having substantial contact;

        (e)     the capacity of the child's or young person's parents, or anyone else, to provide for the child's or young person's needs including emotional and intellectual needs;

        (f)     for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people placement principles set out in section 10;

        (g)     that it is important for the child or young person to have settled, stable and permanent living arrangements;

        (h)     for decisions about placement of a child or young person—the need to ensure that the earliest possible decisions are made about a safe, supportive and stable placement;

              (i)     the attitude to the child or young person, and to parental responsibilities, demonstrated by each of the child's or young person's parents or anyone else;

        (j)     any significant harm to the child or young person, or a family member of the child or young person;

        (k)     any court order that applies to the child or young person, or a family member of the child or young person.

    (3)     The decision-maker may also consider any other fact or circumstance the decision-maker considers relevant.