Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 352

Views and wishes of children and young people

    (1)     A decision-maker making a decision in relation to a child or young person under the care and protection chapters must give the child or young person a reasonable opportunity to express their views and wishes personally to the decision-maker, unless the decision-maker is satisfied that the child or young person does not have sufficient developmental capacity to express their views or wishes.

    (2)     A decision-maker may find out the views and wishes of a child or young person

        (a)     by having regard to—

              (i)     anything said personally by the child or young person to the decision-maker; or

              (ii)     anything said by a representative of the child or young person about the child's or young person's views or wishes; or

Note     Representation of children and young people is dealt with in the Court Procedures Act 2004

, pt 7A (Procedural provisions—proceedings involving children).

              (iii)     anything about the child's or young person's views or wishes contained in a report given to the decision-maker; or

        (b)     in any other way the decision-maker considers appropriate.

    (3)     A decision-maker must not require a child or young person to express the child's or young person's views or wishes about anything.



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