Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 1A Objects and principles
4 Objects of Act
The main objects of this Act include—
(a) ensuring that the best interests of the child or young person are the paramount consideration in the adoption of a child or young person; and
(b) providing an adoption process that promotes the wellbeing and care of children and young people in a way that recognises the child's or young person's right—
(i) to grow in a safe and stable environment; and
(ii) to be cared for by a suitable family and to establish enduring relationships; and
(iii) to know about family background and culture and have the opportunity to maintain or develop cultural identity; and
(c) ensuring that the Aboriginal and Torres Strait Islander people are included and participate in any adoption of an Aboriginal or Torres Strait Islander child or young person; and
(d) ensuring that adoption is centred on the needs of the child or young person rather than an adult wanting to care for a child or young person; and
(e) consultating with the child or young person throughout the adoption process and, wherever possible, taking the child's or young person's views into account; and
(f) recognising a birth parent's involvement in making decisions about their child's future; and
(g) providing for adoption plans to recognise the intentions of parties in an adoption; and
(h) ensuring that equivalent standards apply for a child or young person adopted from the ACT and a child or young person adopted from overseas; and
(i) ensuring that the adoption process in the ACT complies with Australia's international obligations, in particular the obligations arising under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
Note The text of the Convention is set out in sch 1.
5 Best interests of child or young person paramount consideration
(1) A person making a decision under this Act in relation to a child or young person, must regard the best interests of the child or young person as the paramount consideration.
(2) In forming a view about the best interests of a child or young person, a person making a decision under this Act must take into account the following:
(a) the likely effect of the decision on the life course of the child or young person;
(b) the child's or young person's age, level of understanding, level of maturity, gender, and personal characteristics;
(c) the child's or young person's physical, emotional and educational needs;
(d) the views expressed by the child or young person;
(e) the relationship the child or young person has with the parents, any siblings and any other relatives;
(f) the relationship the child or young person has with the adoptive parents;
(g) the suitability and capacity of the adoptive parents to meet the child's or young person's needs;
(h) the alternatives to adoption for the child or young person to secure permanent family arrangements.
6 Aboriginal and Torres Strait Islander child or young person—additional requirements
In addition to section 5, a person making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person must—
(a) take into account the need for the child or young person to maintain a connection with the lifestyle, culture and traditions of the child's or young person's Aboriginal or Torres Strait Islander community; and
(b) seek and consider submissions about the child or young person made by or on behalf of any Aboriginal or Torres Strait Islander people or organisations identified by the chief executive as providing ongoing support services to the child or young person or the child's or young person's family; and
(c) take into account Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules) as identified by reference to the child's or young person's family and kinship relationships and the community with which the child or young person has the strongest affiliation.