Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 5

(1)     In any proceedings in a court having jurisdiction in the Territory, whether the proceedings are under this Act or under some other law, being proceedings against or concerning or affecting a child, the court shall, in the exercise of its jurisdiction or powers, seek to procure for the child such care, protection, control or guidance as will best lead to the proper development of the personality of the child and to the child's becoming a responsible and useful member of the community.

(2)     In the exercise of a power, whether under this Act or under some other law of the Territory, by a body, authority or person, being a power the exercise of which affects or concerns a child, the body, authority or person shall seek to procure for the child the matters referred to in subsection (1).

(3)     Subject to subsection (4), for the purpose of subsections (1) and (2), the court, body, authority or person shall have regard to such matters as seem to it or the person to be appropriate and, in particular, to such of the following as are appropriate:

        (a)     the need to strengthen and preserve the relationship between the child and his or her parents and other members of his or her family;

        (b)     the desirability of leaving the child in his or her own home;

        (c)     the desirability of allowing the education, training or lawful employment of the child to be continued without interruption or disturbance;

        (d)     the desirability of ensuring that the child is aware that he or she must bear responsibility for anything that he or she does that is contrary to law;

        (e)     the need to protect the community or a particular person from the violent or other unlawful acts of the child.
(4)     For the purposes of subsections (1) and (2), the court, body, authority or person shall regard the best interests of the child as the paramount consideration.
(5)     In subsection (4)—

“interests”, in relation to a child, includes matters related to the care, welfare or development of the child.