Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 350

    (1)     In making a decision under the care and protection chapters in relation to a child or young person, a decision-maker must apply the following principles (the care and protection principles ) except when it is, or would be, contrary to the best interests of a child or young person—

        (a)     the primary responsibility for providing care and protection for the child or young person lies with the child's or young person's parents and other family members;

        (b)     priority must be given to supporting the child's or young person's parents and other family members to provide for the safety, welfare and wellbeing of the child or young person;

        (c)     if the child or young person does not live with their family because of the operation of this Act—contact with their family, and significant people, must be encouraged, if practicable and appropriate;

        (d)     if the child or young person is in need of care and protection and the child's or young person's parents and other family members are unwilling or unable to provide the child or young person with adequate care and protection (whether temporarily or permanently)—it is the responsibility of the government to share or take over their responsibility;

        (e)     if the child or young person does not live with the child's or young person's parents because of the operation of this Act—the safety and wellbeing of the child are more important than the interests of the parents;

        (f)     a court should make an order for a child or young person only if the court considers that making the order would be better for the child or young person than making no order at all.

    (2)     The care and protection principles must be applied in addition to the principles under section 9 (Principles applying to Act) and section 10 (Aboriginal and Torres Strait Islander children and young people—placement principles).

Note     The Maori children and young people principle may also apply if an order or proceeding is transferred to the ACT from New Zealand (see s 678).